STATUTORY RULES
1913. No. 38.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this first day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Regulation 209 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
209. Each candidate for appointment to the Public Service shall furnish with his application a certificate of character from his last employer, a clergyman, a teacher, or a Justice of the Peace.
A successful candidate shall, upon appointment, and within fourteen days of a request being made therefor, forward to the Commissioner (a) a properly certified extract from an official register of births or other evidence of age satisfactory to the Commissioner, and (b) a certificate, from a medical practitioner registered within the Commonwealth, of sound bodily health, and freedom from physical defects, containing satisfactory answers to such detailed questions as the Commissioner may specify. Provided that when so directed such medical certificate must be obtained from a medical practitioner nominated by the Commissioner.
If the required certificates are not forwarded within the time specified, or are not considered satisfactory, the Commissioner may cancel the appointment.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.1563.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911, enacted in 1913, was introduced to address the need for improved vetting processes for candidates applying for positions within the Commonwealth Public Service. The regulation was necessitated by the requirement to ensure that prospective public servants had satisfactory references and were of sound health, thereby safeguarding the integrity and efficiency of the public service. The enacting body was the Governor-General in Council, acting on the advice of the Federal Executive Council due to the urgency of the matter. The policy objective of this regulation was to establish a more stringent application process for public service positions, enhancing the overall quality and reliability of the public sector workforce by mandating detailed character references and medical certifications.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1911 applies to individuals seeking appointment within the Commonwealth Public Service. It mandates that candidates provide a character certificate from their last employer, a clergyman, a teacher, or a Justice of the Peace as part of their application process. Successful candidates are further required to submit an official extract from an official register of births or other age verification evidence and a medical certificate confirming sound bodily health and freedom from physical defects. These requirements are to be fulfilled within a specified timeframe upon request by the Commissioner. Failure to provide the necessary certificates within the stipulated period, or if the certificates are deemed unsatisfactory, may result in the cancellation of the appointment. This regulation applies nationally across the Commonwealth of Australia and does not specify any exclusions or exemptions. The regulation also does not explicitly mention any subordinate instruments extending or restricting its application.
Key Provisions
The main operative sections of the Provisional Regulation (Section 209) outline the requirements for candidates applying for appointments within the Public Service. Specifically, candidates must provide a certificate of character from their last employer, a clergyman, a teacher, or a Justice of the Peace. Upon successful appointment, candidates are required to submit a certified extract from an official register of births or alternative evidence of age within fourteen days of a request by the Commissioner. Additionally, a medical certificate from a Commonwealth-registered medical practitioner, confirming sound bodily health and freedom from physical defects, must be provided. This medical certificate must satisfy specific questions as determined by the Commissioner, and in certain cases, the Commissioner may designate a particular medical practitioner for this purpose.
The obligations imposed by this Act on candidates and the Public Service are primarily concerned with the verification of character, age, and physical health. Candidates must ensure they secure and submit the necessary certificates within the stipulated timeframe. Failure to do so may result in the cancellation of their appointment. The Commissioner has the authority to request additional information and to specify the criteria for the medical certificate, ensuring that appointees meet the health standards required for public service roles.
Breaching the requirements of this Regulation can result in serious consequences for candidates. If a candidate fails to submit the required certificates within the designated period or if the certificates are deemed unsatisfactory by the Commissioner, the candidate’s appointment may be cancelled. This stringent enforcement underscores the importance of adhering to the Regulation’s stipulations to maintain the integrity and standards of the Public Service. While the specific penalties for non-compliance are not detailed in the Regulation itself, the cancellation of an appointment represents a significant penalty, reflecting the gravity with which these requirements are treated.