Australian School of Pacific Administration Regulations (Amendment)

Legislation au C1957L00062 Regulations Not in force Legislative Instrument

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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.

Overview

The Statutory Rules 1957 No. 62, enacted under the Papua and New Guinea Act 1949-1957, address the need for regulating the conduct of students and maintaining discipline within the Australian School of Pacific Administration. These Regulations were made by the Governor-General in Council, under the authority granted by the Papua and New Guinea Act, to provide specific mechanisms for managing student conduct. The policy objective is to ensure that the School can effectively maintain order and discipline among its students, providing clear guidelines and processes for addressing misconduct. This includes provisions for the Principal to make rules regarding student conduct, imposing fines for minor offences, and establishing a Disciplinary Appeal Board to handle appeals for more serious offences. This legislative instrument ensures that there are formal procedures in place for addressing and resolving disciplinary issues within the educational institution.

Scope and Application

The Australian School of Pacific Administration Regulations, as amended by Statutory Rules 1957, No. 62, under the Papua and New Guinea Act 1949-1957, apply to students enrolled at the Australian School of Pacific Administration, with specific focus on regulating their conduct and maintaining discipline. The Regulations empower the Principal of the School to create rules for these purposes, thereby extending the scope of discipline and conduct regulation to the students directly. The Regulations also establish a framework for handling offences committed by students, providing mechanisms for handling minor and major offences, including fines and the establishment of a Disciplinary Appeal Board for appeals against certain disciplinary actions. The geographic reach of these Regulations is confined to the operations and jurisdiction of the Australian School of Pacific Administration, as governed under the overarching Papua and New Guinea Act 1949-1957. The Act does not specify exclusions, but it does provide for a non-double-punishment scenario where a student’s conduct is addressed under other laws, such as the Public Service Act 1922-1957 or the Public Service Ordinance 1949-1956 of the Territory. The Regulations may also extend their application through subordinate instruments, which are not detailed in the provided text but may include further rules or directives issued under the authority of the Principal.

Key Provisions

The Regulations under the Papua and New Guinea Act 1949-1957, specifically detailed in Statutory Rules 1957, No. 62, introduce amendments to the Australian School of Pacific Administration Regulations. One of the main changes is found in regulation 11, where a new sub-regulation (3a) is added (1). This sub-regulation grants the Principal of the school the authority to create rules governing student conduct and discipline. Essentially, it allows the Principal to establish a set of guidelines that students must adhere to, ensuring order and discipline within the institution. This provision is significant as it provides the Principal with the flexibility to address specific issues that may arise within the student body. These regulations impose several obligations on the Principal and students of the Australian School of Pacific Administration. The Principal, under sub-regulation (3a) of regulation 11, is required to develop and enforce rules that maintain discipline and regulate student conduct (1). This includes creating a process for handling disciplinary matters, as outlined in regulation 11a. For minor offences, the Principal has the discretion to call upon the student for an explanation, caution or reprimand the student, or impose a fine of up to five shillings (2). For more serious offences, the Principal can charge the student and provide them with a written notice of the charge, requiring a written response within seven days (4). If the Principal finds the student guilty after considering all relevant information, they may impose a fine of up to five pounds (6). In terms of penalties and consequences, the Regulations outline specific measures for breaches of the rules. For minor offences, the Principal may issue a caution, reprimand, or fine the student up to five shillings (2). More serious offences, which are not classified as minor, can result in a fine of up to five pounds (6). If a student is fined more than two pounds, they have the right to appeal the decision to a Disciplinary Appeal Board (11b). The Board, consisting of a representative from the Attorney-General’s Department, a student representative, and another appointed member, reviews the case and can confirm, vary, or set aside the Principal’s decision (8-10). Additionally, if a student is punished under another Act or Ordinance for the same conduct or act, they cannot be punished again under these Regulations (11c). This ensures that students are not subjected to multiple penalties for the same infraction.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.