STATUTORY RULES.
1904. No. 48.
PROPOSED AMENDMENT OF PUBLIC SERVICE REGULATION No. 199.
Schedule.
Regulation No. 199 made under the provisions of the Commonwealth Public Service Act 1902 reads as follows:—
“Every applicant for appointment as telegraph messenger must be between the ages of thirteen and fifteen years at date of examination. Every applicant nominated for appointment as telegraph messenger must be not less than thirteen nor more than fifteen years of age at his last birthday previous to appointment, and must cease to be so employed when he attains the age of eighteen years, unless in the meantime he has been transferred or promoted to some other position in the service for which he has qualified by passing the required examination.”
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The Governor-General has approved of the above Regulation being amended by the addition of the following words, such amended Regulation to come into operation forthwith (vide Commonwealth Gazette of 20th August, 1904) as a Provisional Regulation:—
“Provided, however, that no person shall be appointed as telegraph messenger in the State of Western Australia under the age of fourteen years.”
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C.7727.—Price 3d.
Overview
The Statutory Rules 1904 No. 48, concerning the amendment of Public Service Regulation No. 199, was enacted in 1904. This legislative instrument amends the Public Service Regulation made under the Commonwealth Public Service Act 1902 to address an age-related issue for applicants nominated for the role of telegraph messenger. The regulation originally set the age for applicants at between thirteen and fifteen years. However, this amendment introduces a specific provision to ensure that no person under the age of fourteen years can be appointed as a telegraph messenger in the State of Western Australia. The policy objective behind this amendment appears to be the safeguarding of younger individuals from potentially unsuitable employment at a very young age, particularly in the context of telegraph messenger roles. The enacting body responsible for this legislative instrument is the Governor-General, as indicated by the authority of the Government Printer, Melbourne.
Scope and Application
The proposed amendment to Public Service Regulation No. 199, enacted under the Commonwealth Public Service Act 1902, pertains specifically to the appointment of applicants for the position of telegraph messenger within the Commonwealth public service. The amendment introduces a new provision that sets a minimum age requirement of fourteen years for applicants in the State of Western Australia, thereby modifying the previous stipulation that allowed for appointments from the age of thirteen. This regulation ensures consistency in the age qualification across all states while imposing an additional restriction in Western Australia. The amendment is applicable to individuals seeking employment as telegraph messengers and those who are nominated for such positions, with an explicit cessation of employment at the age of eighteen unless the individual has been transferred or promoted to another position within the public service. The regulation’s geographic scope is limited to the Commonwealth, with specific additional constraints applied to Western Australia. There are no stated exclusions or exemptions within the provided text, and the amendment extends the application of the existing regulation by introducing a state-specific provision.
Key Provisions
The primary operative sections of this legislative instrument, specifically Schedule to Statutory Rules 1904, No. 48, amend Regulation No. 199 under the Commonwealth Public Service Act 1902. The original regulation (1) stipulated that applicants for the position of telegraph messenger must be aged between thirteen and fifteen years. The amended regulation (2) adds a proviso that no person under the age of fourteen years shall be appointed as a telegraph messenger in the State of Western Australia. This amendment introduces a specific age requirement for applicants in that state, differing from the general rule.
The amended regulation imposes specific obligations on the parties involved, particularly in the recruitment and appointment process for telegraph messengers. Employers must ensure that applicants meet the age criteria, with a minimum of fourteen years for applicants in Western Australia and between thirteen and fifteen years for applicants in other states. Additionally, it obligates employers to cease employment of these individuals upon reaching the age of eighteen unless they have been transferred or promoted to another position within the service. This regulation aims to maintain a structured age limit for employment in this specific role.
Breaching the provisions of this amended regulation could lead to various consequences. While the specific penalties are not detailed in the legislative instrument, breaches of public service regulations typically involve administrative actions, such as fines or other civil penalties, depending on the severity and nature of the breach. In cases of serious misconduct or repeated violations, criminal charges could be pursued, resulting in more severe penalties including imprisonment. Employers found non-compliant with these age requirements could face scrutiny from regulatory authorities, potentially leading to legal action against the organisation or individuals responsible for the breach.