STATUTORY RULES.
1911. No. 158.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
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 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 20th day of September, One thousand nine hundred and eleven.
DENMAN.
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation No. 228 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
228. The names of all candidates from outside the service, and also the names of all candidates at examinations held for promotion or transfer of officers within the service, not recommended by the Commissioner for appointment, promotion, or transfer, as the case may be, within eighteen months of the date of registration, shall be ruled out of the Register. Provided, however, that the Commissioner may, if he deem such a course expedient, extend the period of eligibility of successful candidates at examinations confined to officers of the service.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14567.—Price 3d.
Overview
The Statutory Rules 1911 No. 158, enacted by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902, introduced Provisional Regulation to address the need for expeditious management of the public service's personnel records. This regulation was issued due to the pressing requirement to maintain an efficient and streamlined register of candidates for public service positions. The regulation aims to ensure that candidates not recommended for appointment, promotion, or transfer within eighteen months of their registration are removed from the service's register, thus maintaining the register's relevance and accuracy. The regulation also provides flexibility to the Commissioner to extend the eligibility period for candidates in specific examinations, thereby facilitating a more dynamic and responsive public service recruitment process.
Scope and Application
This Provisional Regulation, under the Commonwealth Public Service Act 1902, applies to all candidates from outside the public service as well as those within the service seeking promotion or transfer, ensuring that their names are removed from the Register if they are not recommended by the Commissioner within a specified period. The regulation is designed to maintain the efficiency and integrity of the public service by ensuring that only suitable candidates are considered for appointments or promotions. This regulation also allows for flexibility, permitting the Commissioner to extend the period of eligibility for successful candidates in examinations restricted to current officers of the service if deemed necessary. Geographically, the regulation applies across the Commonwealth of Australia, as it is a federal regulation made under the Commonwealth Public Service Act. The regulation is applicable nationwide and affects the federal public service, impacting individuals and entities involved in public service appointments, promotions, or transfers. The stated exclusion is that the Commissioner can extend the period of eligibility for successful candidates in internal examinations, providing a degree of discretion in managing public service appointments.
Key Provisions
The main operative sections of this Statutory Rule provide specific procedures for managing the registration and eligibility of candidates within the public service. Section 228 states that the names of candidates who are not recommended by the Commissioner for appointment, promotion, or transfer within eighteen months from the date of registration will be removed from the Register. It also allows the Commissioner to extend the eligibility period for successful candidates in examinations specifically for internal promotions or transfers, should it be deemed necessary. This section outlines the criteria for maintaining the Register of public service candidates and the timeframes within which these candidates must be considered for employment or advancement.
This Act imposes several obligations on the parties involved, primarily the Commissioner. The Commissioner must ensure that the names of all candidates, whether from outside the service or internal promotions, are reviewed and recommended for appointment, promotion, or transfer within the specified eighteen-month period. This timeframe is crucial for maintaining the efficiency and effectiveness of the public service selection process. Additionally, the Commissioner has the discretion to extend this period for candidates in internal examinations if deemed appropriate, thereby maintaining flexibility within the regulatory framework.
Breach of the provisions outlined in this Statutory Rule can lead to specific consequences. If the Commissioner fails to recommend candidates within the stipulated eighteen months, their names will automatically be removed from the Register. This removal signifies the end of their eligibility for the positions they were considered for, unless the Commissioner decides to extend their eligibility. Non-compliance with the stipulated timelines or improper use of discretion in extending eligibility periods could result in administrative inefficiencies or potential legal challenges regarding the fairness and transparency of the selection process. However, the Statutory Rule does not explicitly state any specific penalties for such breaches, suggesting that the primary consequence is the automatic removal from eligibility rather than a financial or punitive penalty.