Commonwealth Public Service Regulations (Amendment) (Cth)

F.R.L.I.

1997B01072

STATUTORY RULES.

1942. No. 225.

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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1941.*

THE PUBLIC SERVICE BOARD appointed under the Commonwealth Public Service Act 1922-1941, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following Regulations.

Dated this sixth day of May , 1942.

F. G. THORPE,

Commmissioner.

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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 thirteenth day of May , 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Prime Minister.

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Amendments of the Commonwealth Public Service Regulations. 

1.After regulation 148 of the Commonwealth Public Service Regulations, the following regulations are inserted:—

Charge against officer of First or Second Division.

“148a. (1) Where any officer of the First or Second Division is charged and suspended pursuant to section 56 of the Act, the Minister or the Permanent Head, as the case may be, shall forthwith furnish the officer with a copy of the charge and direct him to reply to the charge in writing, within seven days, stating whether he admits or denies the truth of the charge, and giving any explanation he desires in regard thereto.

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1935, No. 18, as amended by Statutory Rules 1935, Nos. 44, 72, 78 and 119; 1936, Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937, Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938, Nos. 35, 41, 79, 105, 110 and 113; 1939, Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940, Nos. 23, 74, 110, 143 and 247; 1941, Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; and 1942, Nos. 45, 167, 174 and 182.

3244.—Price  9/4.5.1942.

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

(3) The Minister or the Permanent Head, as the case may be, shall without delay forward to the Board of Commissioners the officer’s reply to the charge, together with any explanation given by him, in regard thereto. If the officer does not reply to the charge within seven days of his receipt of a copy of the charge, the Minister or the Permanent Head, as the case may be, shall so advise the Board of Commissioners.

Notification to charged officer and documents to be supplied.

“148b. (1) Immediately upon the appointment of a Board of Inquiry pursuant to section 56 of the Act, the Board of Commissioners shall notify the charged officer that a Board of Inquiry has been appointed to inquire into the truth of the charge and report to the Board of Commissioners its opinion thereon and, at the same time, advise him of the names of the members of the Board of Inquiry.

(2) A copy of all documents intended to be used before a Board of Inquiry shall, where practicable, be supplied by the Board of Commissioners to the charged officer at least seven days before the inquiry is held.”.

Action where charges not proved.

2.Regulation 150 of the Commonwealth Public Service Regulations is repealed and the following regulation inserted in its stead:—

“150. Where a Board of Inquiry reports to the Board of Commissioners that it finds the charges made against an officer not to be proved, the Board of Commissioners shall immediately advise the Minister or the Permanent Head, as the case requires, and the charged officer of the Board of Inquiry’s finding.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.