Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1913 No. 261, enacted in 1913, constitutes a provisional regulation under the Commonwealth Public Service Act 1902-1911. This legislative instrument was introduced to address the need for more flexible and immediate management of personnel within the public service, particularly in situations where temporary transfers of officers were required to ensure the efficient operation of the service. The regulation was issued by the Governor-General in Council, reflecting the urgency and importance of such measures in maintaining public service continuity and effectiveness. The policy objective embedded within this regulation is to allow for the temporary transfer of officers between positions to fill vacancies efficiently, while also ensuring that such transfers are subject to oversight and approval to prevent misuse of this flexibility.

Scope and Application

The Provisional Regulation, published as Statutory Rules 1913 No. 261, is an instrument made under the Commonwealth Public Service Act 1902-1911 and pertains specifically to the temporary transfer of officers within the public service. This regulation applies to officers who may be temporarily transferred from one position to another, necessitating the selection of a senior, competent officer who is available to fill the role. The Chief Officer has the authority to make such transfers, but these are subject to approval by the Commissioner and must be reported monthly to the Public Service Inspector for oversight and scrutiny. Notably, if a temporary transfer exceeds a period of three months, the reason for the transfer must be documented and reported. The regulation ensures transparency and accountability in the temporary reassignment of officers within the public service. The scope of the regulation is limited to officers within the Commonwealth public service, and its application is contingent on the necessity of temporary transfers, which are subject to the approval of the Commissioner and the Commissioner’s disapproval can halt the continuation of such transfers.

Key Provisions

The key provision of the Provisional Regulation under the Commonwealth Public Service Act 1902-1911 is contained in Regulation 51 (C1913L00261). This regulation permits the Chief Officer to temporarily transfer an officer from one position to another, provided it is necessary to temporarily fill a position by transferring an officer of a lower class or grade. The regulation mandates that the most senior competent officer available should be selected for such a transfer. Furthermore, the Chief Officer is required to send a monthly return to the Public Service Inspector, who will then transmit it to the Commissioner, detailing all officers whose temporary transfers have exceeded a period of three months. This return must include the reason for each temporary transfer. Importantly, any temporary transfer cannot continue if it is disapproved by the Commissioner. The Provisional Regulation imposes several obligations on the parties involved. The Chief Officer must ensure that when a temporary transfer is necessary, the most senior and competent officer available is selected for the role. The Chief Officer also has the responsibility of preparing and forwarding a monthly return to the Public Service Inspector, detailing all officers who have been temporarily transferred for more than three months, along with the reasons for these transfers. The Public Service Inspector must then transmit this information to the Commissioner. Additionally, the Commissioner holds the authority to disapprove any temporary transfer, thereby preventing its continuation. In the event of a breach of the Provisional Regulation, there are potential consequences that can be enforced. Although the specific offences and penalties are not explicitly stated in the regulation, it is reasonable to infer that any improper or unauthorised temporary transfer of officers could lead to disciplinary action against the Chief Officer and potentially the officer involved. Furthermore, if the Commissioner disapproves a temporary transfer, and it continues despite this disapproval, it could result in legal or administrative repercussions for those involved in maintaining the unauthorised transfer. The precise nature of these consequences would likely be determined by further legislation or administrative guidelines in place at the time.