Australian School of Pacific Administration Regulations (Amendment) (Cth)

STATUTORY RULES.

1957. No. 62.

 

REGULATIONS UNDER THE PAPUA AND NEW GUINEA ACT 1949-1957.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua and New Guinea Act 1949-1957.

Dated this 26th day of October, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) Paul Hasluck

Minister of State for Territories.

Amendments of the Australian School of Pacific Administration Regulations. 

Duties of Principal.

1. Regulation 11 of the Australian School of Pacific Administration Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Without limiting the generality of the last preceding sub-regulation, the Principal may make rules for regulating the conduct of students and maintaining discipline in the School.”.

2. After regulation 11 of the Australian School of Pacific Administration Regulations the following regulations are inserted in Part III.:—

Offences.

“11a.—(1.) In this regulation, ‘offence’ means conduct contrary to, the doing of an act forbidden by, or the omission to do an act required by, rules made by the Principal in pursuance of sub-regulation (3a.) of the last preceding regulation.

“(2.) If the Principal has reason to believe that a student has committed a minor offence, he may call upon the student for an explanation as to the alleged offence, and if, on consideration of the explanation, he is of opinion that the offence has been committed, he may caution or reprimand the offending student, or fine the student a sum not exceeding Five shillings.

“(3.) If the Principal has reason to believe that a student has committed an offence, not being a minor offence punishable under the last preceding sub-regulation, the Principal may charge the student with the commission of the offence.

 

* Notified in the Commonwealth Gazette on 7th November, 1957.

  Statutory Rules 1951, No. 160.

7001/56.—Price 3d. 9/27.9.1957.

 

“(4.) Where the Principal has, under the last preceding sub-regulation, charged a student with the commission of an offence, the Principal shall forthwith cause the student to be furnished with a copy of the charge and direct the student to reply forthwith, in writing, stating whether he admits or denies the truth of the charge and giving any explanation he desires in regard to the charge.

“(5.) If a reply is not made by the student within seven days of his receipt of the copy of the charge, the student shall be deemed to deny the truth of the charge.

“(6.) If the Principal, after consideration of reports relating to the offence and charge and the reply and explanation, if any, of the student charged, and any further reports he may consider necessary, is of opinion that the charge has been sustained, he may fine the student any sum not exceeding Five pounds.

Appeals.

“11b.—(1.) Where a student is fined a sum in excess of Two pounds under regulation 11a of these Regulations, the student may appeal to the Disciplinary Appeal Board constituted in accordance with sub-regulation (3.) of this regulation.

“(2.) An appeal under the last preceding sub-regulation shall be in writing, shall state the grounds of appeal and shall be lodged with the Secretary within seven days after the date on which the student received notice of the imposition of the fine.

“(3.) Upon an appeal under sub-regulation (1.) of this regulation being lodged with the Secretary, a Disciplinary Appeal Board shall be appointed by the Secretary to hear and determine the appeal and shall consist of—

(a) a person nominated by the Secretary to the Attorney-General’s Department, being a person who is an officer of that Department and is a barrister or solicitor of the High Court or of the Supreme Court of a State of Territory of the Commonwealth;

(b) a student nominated by the Committee of the body known as The Australian School of Pacific Administration Union; and

(c) one other person.

“(4.) The Chairman of the Disciplinary Appeal Board shall be the person appointed to be a member of the Board in accordance with paragraph (a) of the last preceding sub-regulation.

“(5.) Immediately after the appointment of the Disciplinary Appeal Board to hear and determine an appeal, the Secretary shall refer the appeal to the Board.

“(6.) The Disciplinary Appeal Board shall, without regard to legal forms and solemnities, make a thorough investigation into the offence in respect of which the appeal was lodged and shall consider and give due weight to any evidence (including evidence not considered by the Principal) which is relevant to the appeal.

“(7.) The Disciplinary Appeal Board may inform itself on a matter in such manner as it thinks fit, and is not bound by the legal rules of evidence.

 

“(8.) The Disciplinary Appeal Board may examine on oath a person appearing as a witness before it, and for this purpose the Chairman of the Board may administer an oath to the witness.

“(9.) After making its investigation, the Disciplinary Appeal Board may confirm, vary or set aside the decision of the Principal appealed against.

“(10.) The decision of the Disciplinary Appeal Board on an appeal under this regulation is final.

“(11.) Where, at a meeting of the Disciplinary Appeal Board, the members are divided in opinion on any question, that question shall be decided according to the decision of the majority.

Liability where act an offence against different laws.

“11c. Where a student has been punished under the Public Service Act 1922-1957, or under the Public Service Ordinance 1949-1956 of the Territory, in respect of conduct, or an act or omission, that is also an offence punishable under regulation 11a of these Regulations, the student is not liable to be punished under that regulation in respect of the conduct, act or omission.”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.