Public Service Regulations (Amendment)

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STATUTORY RULES.

1955. No. 67.

 

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REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1955.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1955, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this sixth day of September, 1955.

W. E. DUNK

Chairman.

G. G. SUTCLIFFE

Commissioner.

K. E. GRAINGER

Commissioner.

 

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I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this twenty-seventh day of September, 1955.

W. J. SLIM

Governor-General.

By His Excellency's Command,

E. J. HARRISON

Vice-President of the Executive Council, acting for and on behalf of the Prime Minister.

 

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Amendments of the Public Service Regulations.†

1. Regulation 2 of the Public Service Regulations is repealed and the following regulation inserted in its stead :—

Parts.

“2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Administration.

Division I.—Attendance and Duties of Officers (Regulations 7-45a).

Division II.—Leave of Absence and Holidays (Regulations 46-64a).

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* Notified in the Commonwealth Gazette on 6th October, 1955.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1955, No. 43.

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Division III.—Hours of Duty and Overtime (Regulations 65-70).

Division IV.—Miscellaneous (Regulations 72a-74e).

Part III.—Travelling and other Allowances.

Division  I.—General Allowances (Regulations 75-82).

Division  II.—Mode of Travelling (Regulations 83-84).

Division III.—Special Allowances (Regulations 87-100).

Division IV.—District Allowances (Regulations 101-103).

Part   IV.—Salaries payable to officers of the Second Division or Third Division (Regulations 104-105).

Part    V.—Salaries payable to officers of the Fourth Division (Regulation 106).

Part  VII. —Promotion, Incremental Advancement, and Transfer (Regulations 107-120).

Part VIII.—Temporary Employment (Regulations 121-138).

Part   IX.—Divisional Representatives (Regulations 139-141y).

Part    X.—Boards of Appeal and Inquiry—Offences (Regulations 142-152).

Part   XI.—Appointment of Returned Soldiers (Regulation 153).".

2. Regulation 112 of the Public Service Regulations is repealed and the following regulation inserted in its stead:—

Conditions of transfer from Fourth Division to Third Division.

"112.—(1.) The prescribed conditions under which an officer of the Fourth Division may be transferred to the Third Division are, subject to this regulation—

(a) that the officer is a returned soldier and is by virtue of regulation 153 of these Regulations, deemed to have passed a proscribed examination conducted by examiners appointed under the Act;

(b) that the officer has the qualifications referred to in whichever of the next three succeeding sub-regulations is applicable; or

(c) that the officer was formerly included in the Third Division and was transferred to an office in the Fourth Division otherwise than in pursuance of section 55 or 62 of the Act or of section 67 of the Act on grounds other than ill health.

"(2.) An officer of the Fourth Division shall not be transferred or promoted to an office in the Third Division of Engineer, Grade 1, Supervisor (Mail), Supervisor (Telegraph), Senior Postal Clerk, Traffic Officer, Radio Inspector, Postmaster, Grade 2, 3, 4, 5, 6 or 7, Assistant Radio Inspector, Postal Clerk, Telegraphist, Communications Officer, Senior Communications Officer, Grade 1, 2 or 3, Excise Officer, Grade 3 or of Clerk the minimum and maximum of the scale of rates of annual salary of which are £369 and £890, respectively, unless he passes an examination held in accordance with, and complies with the conditions to qualify for transfer or promotion to those offices specified, in a determination of the Board made under section 53 of the Act.


"(3.) Where the performance of the duties of an office in the Third Division requires special skill or technical knowledge, the Board may, on receipt of a report from the Permanent Head that no officer having that skill or knowledge is available for transfer or promotion from within the Third Division, transfer or promote to that office an officer of the Fourth Division who has, in the opinion of the Board, the qualifications necessary for the performance of the duties of that office.

"(4.) An officer of the Fourth Division who has passed the Leaving Certificate, Leaving Honours Certificate, Senior Public, Matriculation or Schools Certificate Examination in a State or Territory of the Commonwealth or has completed a course for a University degree or Technical College Diploma may, subject to such conditions as the Board determines, be transferred or promoted to an office in the Third Division, being an office which the Board determines to be an office to which this sub-regulation applies.

"(5.) An officer of the Fourth Division shall not, be transferred or promoted to the Third Division or to an office in the Third Division unless his conduct, diligence and efficiency have, during such period as the Board determines, been satisfactory.

"(6.) An officer of the Fourth Division shall not be transferred or promoted to an office in the Third Division unless he has attained the age of sixteen years.

"(7.) An officer of the Fourth Division who is transferred or promoted to an office in the Third Division shall be paid salary at such rate as the Board determines, being a rate which is not more than the maximum rate of salary or less than the minimum rate of salary payable in respect of the office to which the officer is transferred or promoted.".

Temporary transfer.

3. Regulation 116 of the Public Service Regulations is amended by inserting in sub-regulation (1a.), after the word "who", the words "is available and".

4. After regulation 149 of the Public Service Regulations the following regulation is inserted :—

Charges against Officers stationed outside Australia.

"149a. Where in regulations 147, 148 or 149 of these Regulations the period of seven days is prescribed for the doing of an act or in which an act shall or may be done, that period shall, in the case of an officer stationed in a place outside Australia other than a Territory of the Commonwealth, be deemed to be twenty-one days.".

5. Part XI. of the Public Service Regulations is repealed and the following Part inserted in its stead:—

'' Part XI—Appointment of Returned Soldiers.

Examinations accepted in case of returned soldiers.

"153.—(1.) A returned soldier who passes an examination specified in the second column of the Fourth Schedule to these Regulations opposite to the name of the University or public examining body specified in the first column of that Schedule shall be deemed to have passed a prescribed examination conducted by examiners appointed under the Act.


"(2.) A returned soldier who passes an examination, being an examination other than an examination specified in the Fourth Schedule to these Regulations, conducted by a University or public examining body in—

(a) the Commonwealth of Australia;

(b) the United Kingdom of Great Britain and Northern Ireland;

(c) the Dominion of Canada;

(d) the Dominion of New Zealand; or

(e) the Union of South Africa,

the passing of which qualifies a person for admission to a University for a degree course shall be deemed to have passed a proscribed examination conducted by examiners appointed under the Act.

" (3.) Where an Australian University has certified that a returned soldier is, by virtue of the examinations that he has passed or the educational qualifications that he possesses, qualified for matriculation for a degree course, he shall be deemed to have passed a prescribed examination conducted by examiners appointed under the Act.".

Fourth Schedule.

6. The Public Service Regulations are amended by adding at the end thereof the following Schedule:—

FOURTH SCHEDULE.

Regulation 153.

Prescribed Examinations for Purpose of Section 84 (4.) of the Act.

First Column.

Second Column.

University or Public Examining Body.

Examination.

University of Sydney..........................

Matriculation

 

Senior Public

 

Junior Public

Department of Education, New South Wales...........

Intermediate Certificate

 

Leaving Certificate

 

Commercial Certificate

 

Diploma Preparatory Stage I.

 

Diploma Preparatory Stage II.

 

Diploma Preparatory Stage III.

 

Diploma Entrance

Department of Technical Education, New South Wales....

Certificate Entrance

 

 

Certificate Entrance (Deferred)

 

Qualifying and Matriculation Stage I.

 

Qualifying and Matriculation Stage II.

 

Qualifying

 

Qualifying (Deferred)

University of Melbourne........................

Matriculation

 

Senior Public

 

Senior Commercial

 

Junior Public

 

Intermediate Certificate

 

Leaving Certificate

Department of Education, Victoria.................

Teacher's Certificate, Second Class

University of Queensland.......................

Scholarship

 

Senior Public

 

Junior Public

 


Fourth Schedulecontinued.

First Column.

Second Column.

University or Public Examining Body.

Examination.

Department of Education, Queensland..........

Examination for appointment as Pupil Teacher, 3rd Class

 

Examination for appointment as School Teacher, 3rd Class

University of Adelaide....................

Higher

 

Senior Public

 

Senior Commercial

 

Junior Public

 

Junior Commercial

 

Leaving Honours

 

Leaving

 

Leaving Commercial

 

Intermediate

University of Western Australia..............

Leaving Certificate

 

Commercial Leaving Certificate

 

Junior Certificate

 

Commercial Junior Certificate

University of Tasmania....................

Senior Public

 

Matriculation

 

Leaving

 

Junior Public

 

Intermediate

 

Intermediate (Technical)

Schools' Board of Tasmania.................

School Certificate

Associated Public Schools of Tasmania.........

School Certificate

Cambridge University.....................

Cambridge Junior Local

 

The School Certificate

 

The Higher School Certificate

Chartered Institute of Secretaries, London........

Intermediate Examination

Education Department, Scotland..............

Intermediate Certificate

 

Leaving Certificate

The Educational Institute of Scotland...........

All Examinations

Oxford University.......................

Oxford University Junior Local

Intermediate Education Board of Ireland.........

Northern Ireland Secondary School Certificate, Junior Grade

Civil Service of the Cape of Good Hope.........

Examinations hold under the Civil Service and Pensions Funds Act 1895 where the candidate is ranked in the First Class

Department of Defence....................

Examination for appointment as Military Staff Clerk

 

Examination for appointment as Paymaster's Clerk

 

Examination for entrance to Royal Military College of Australia

Department of the Army...................

Examination for entrance to Royal Military College of Australia

Royal Australian Navy....................

Higher Education Tests Certificate

 

Examination on Passing Out, Royal Naval College

Public Service Board, New South Wales.........

Examination for appointment to the Clerical Division other than to positions of Shorthand Writer and Typist or Typist

Forestry Commission, Victoria...............

Final Examination of the School of

Forestry

Pharmacy Board, Victoria..................

Preliminary Examination

Public Service Commission, Queensland........

Examination for appointment to the ordinary or classified Division

Public Service Commissioner, South Australia.....

Examinations for appointment

Public Service Commissioner, Western Australia...

Examinations for appointment as Clerk in Classes G and F

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Fourth Schedulecontinued.

First Column.

Second Column.

University or Public Examining Body.

Examination.

Public Service Commissioner, Tasmania..............

Examination for appointment as Clerk

Association of Accountants of Australia (Incorporated)....

Final Examination

Australian Society of Accountants..................

Stage III. Examination

Commonwealth Institute of Accountants..............

Final Examination

Federal Institute of Accountants....................

Final Examination

Institute of Incorporated Accountants of New South Wales..

Final Examination

Institute of Chartered Accountants in Australia..........

Final Examination

International Institute of Accountants (Incorporated)......

Final Examination

Public Accountants Registration Board, New South Wales..

Final Examination

Commonwealth Practitioners Board.................

Final Examination for admission as a Barrister and Solicitor

Barristers Admission Board, Now South Wales.........

Final Examination for admission as a Barrister

Solicitors Admission Board, Now South Wales..........

Final Examination for admission as a Solicitor

Council of Legal Education, Victoria................

Final Examination for admission as a Barrister and Solicitor

Barristers' Board, Queensland.....................

Final Examination for admission as a Barrister

Board of Examiners for Solicitors, Queensland..........

Final Examination for admission as a Solicitor

Examiners of Articled Clerks, South Australia..........

Final Examination for admission as a Barrister and Solicitor

The Barristers' Board, Western Australia..............

Final Examination for admission as a Barrister and Solicitor

Board of Examiners, appointed under the

Legal Practitioners Act 1896 as amended, Tasmania

Final Examination for admission as a Barrister and Solicitor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.

 

Overview

The Public Service Regulations 1955 were enacted to provide a comprehensive framework governing the employment conditions and procedural regulations of public servants within the Commonwealth public service. These regulations were introduced to address the need for a structured and standardized set of rules to manage the workforce of federal government departments, ensuring efficiency, fairness, and consistency in the administration of public service roles. The regulations were formulated under the authority of the Public Service Act 1922-1955 by the Public Service Board and subsequently approved by the Governor-General in Council. The overarching policy objective of these regulations was to facilitate the smooth functioning of the public service by clearly delineating the terms of employment, including conditions of transfer, salary scales, allowances, and disciplinary procedures. This legislative instrument aimed to provide a cohesive and legally binding set of guidelines that would support the effective governance and operation of the public service apparatus.

Scope and Application

The Public Service Regulations, made under the Public Service Act 1922-1955, apply to officers and employees within the Commonwealth public service. These regulations govern various aspects of public service employment, including administration, attendance and duties of officers, leave of absence, holidays, hours of duty and overtime, allowances, salaries, promotions, incremental advancement, transfers, and temporary employment. The scope of these regulations encompasses the entire Commonwealth public service, affecting individuals and entities employed by the Commonwealth government. Notably, the regulations include provisions for the appointment of returned soldiers, stipulating specific examinations and qualifications required for such appointments. Furthermore, the regulations extend their reach to officers stationed outside Australia, modifying certain timeframes for actions and decisions. Certain exclusions and exemptions apply, particularly regarding specific offices and positions within the public service. The regulations are subject to amendments and extensions through subordinate instruments, allowing for adjustments and updates to the public service framework as needed.

Key Provisions

The Public Service Regulations, as amended by these rules, detail the structure and operational provisions governing the public service within Australia. Regulation 2 redefines the structure of these regulations, organising them into distinct parts that cover preliminary matters, administration, allowances, salaries, promotion, temporary employment, and appeals, among others. Regulation 112 specifies the conditions for the transfer of officers from the Fourth Division to the Third Division, detailing qualifications, necessary examinations, and specific roles that require special skill or technical knowledge. Regulation 116 allows for the temporary transfer of officers provided they are available, and Regulation 149a extends the timeframe for certain actions by officers stationed outside Australia from seven days to twenty-one days. Additionally, Part XI replaces the previous provisions regarding the appointment of returned soldiers, stipulating that certain examinations taken by returned soldiers are deemed to be prescribed examinations. These regulations impose several obligations on public service officers and the Public Service Board. Officers must meet specific conditions to be eligible for transfer or promotion, including passing certain examinations, attaining a minimum age, and maintaining satisfactory conduct and efficiency. The Board must ensure that officers meet these criteria and may conduct examinations or assessments as necessary. The Public Service Board is also tasked with determining the salary rates for officers transferred or promoted to different divisions, ensuring these rates fall within the prescribed salary scales. Violations of these regulations may lead to various consequences. While specific offences and penalties are not detailed within these regulations, breaches of public service regulations generally could result in disciplinary action, including demotion, suspension, or termination of employment. Additionally, officers failing to meet the stipulated conditions for transfer or promotion may be ineligible for such opportunities, thereby affecting their career progression within the public service.

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