Australian School of Pacific Administration Regulations

Legislation au C1951L00160 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1951. No. 160.

 

REGULATIONS UNDER THE PAPUA AND NEW GUINEA ACT 1949-1950.*

I, THE ADMINISTRATOR of the Government of 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 1949-1950.

Dated this eleventh day of December, 1951.

J. NORTHCOTT

Administrator.

By His Excellency’s Command,

Minister of State for Territories.

 

AUSTRALIAN SCHOOL OF PACIFIC ADMINISTRATION REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Australian School of Pacific Administration Regulations.

Repeal.

2.—(1.) The Australian School of Pacific Administration Regulations (being Statutory Rules 1949, No. 121) are repealed.

(2.) The persons holding office, immediately before the commencement of these Regulations, as members of the Council shall continue to hold office as if appointed under these Regulations.

Parts.

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

Part I.—Preliminary.

Part II.—The Council of the School.

Part III.—Administration of the School.

Part IV.—Students.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“the Act” means the Papua and New Guinea Act 1949-1950;

“the Council” means the Council of the School;

“the Principal” means the Principal of the School;

“the School” means the Australian School of Pacific Administration;

“the Secretary” means the Secretary to the Department of Territories.

 

* Notified in the Commonwealth Gazette on , 1951.

4052.—Price 3d. 10/1.11.1951.


Part II.—The Council of the School.

Constitution of the Council.

5.—(1.) The Council shall consist of the following members:—

(a) the Secretary, who shall be the Chairman of the Council;

(b) the Administrator;

(c) the Director of the Commonwealth Office of Education;

(d) a person nominated by the Chairman of the Public Service Board;

(e) a person nominated by the Secretary to the Department of the Treasury;

(f) a person nominated by the Director-General of Health; and

(g) the Principal.

(2.) The members referred to in paragraphs (d), (e) and (f) of the last preceding sub-regulation shall be appointed by the Minister and shall hold office during his pleasure.

(3.) In addition to the members specified in sub-regulation (1.) of this regulation, the Minister may, after obtaining the advice of the Council, appoint one other member to hold office for a period not exceeding two years, and a member so appointed is, on the expiration of the period of his appointment, eligible for re-appointment.

Functions of Council.

6.—(1.) The Council shall—

(a) advise the Minister on matters relating to the administration, conduct and management of the school and, in particular, as to—

(i) the courses of study to be provided;

(ii) the classes and number of persons to be admitted as students and the terms and conditions of their admission;

(iii) the courses of study to be taken by students;

(iv) the fees to be paid by students;

(v) the lecturing, instructional and other staff required for the purposes of the School;

(vi) the library and other facilities for the School;

(vii) the examinations to be conducted by the school;

(viii) the diplomas or certificates to be awarded to students;

(ix) the establishment and maintenance of accommodation and catering facilities for students and the charges to be made therefor; and

(x) the financial provision to be made each year for the School; and

(b) report to the Minister from time to time as to the suitability of any established course of study and as to the progress made by the students in all established courses of study.

(2.) As soon as possible after the close of each academic year, the Council shall submit to the Minister, through the Secretary, a report as to the activities of the School during that year.

Meetings of Council.

7.—(1.) Meetings of the Council shall be held at such times and places as the Chairman determines or as are fixed by or in pursuance of a resolution of the Council.

(2.) The Minister may at any time call a meeting of the Council.


(3.) Notice of meetings (other than meetings called by the Minister) shall be given in such manner as the Council determines.

(4.) Notice of a meeting called by the Minister shall be given in such manner as the Minister determines.

(5.) Whenever a member, other than a member appointed under sub-regulation (3.) of regulation 5 of these Regulations, is unable to attend a meeting of the Council, he may, by writing under his hand, appoint a person to represent him at the meeting, and the person so appointed is entitled to attend the meeting and has, at the meeting, the same powers and functions as that member would have if he were present at the meeting.

Quorum, voting, &c.

8.—(1.) At meetings of the Council, four members shall form a quorum.

(2.) The Chairman shall preside at all meetings of the Council at which he is present.

(3.) In the absence of the Chairman from a meeting, the person appointed by the Chairman to represent him at the meeting, or, if no such person is present, a member elected by the members present, shall preside at the meeting.

(4.) Questions before the Council shall be decided by a majority of votes, and, in the event of an equality of votes, the member or person presiding has a casting vote, in addition to a deliberative vote.

(5.) The Council may adopt standing orders for the conduct of its meetings.

Fees and allowances.

9. The member of the Council appointed by the Minister under sub-regulation (3.) of regulation 5 of these Regulations may, with the approval of the Secretary, be paid a fee of Three pounds three shillings for each meeting attended by him and may, in addition, be paid—

(a) travelling allowance at the rate of Two pounds two shillings per day where overnight absence from his place of residence is involved; and

(b) first class rail fare or aircraft fare for the journey from his place of residence to the place of the meeting of the Council and return.

Part III.—Administration of the School.

Minister to administer the School.

10.—(1.) The Minister may do such things and give such directions as he considers necessary for the administration of the School.

(2.) The Minister may, with respect to a matter or class of matters, by instrument under his hand, delegate to the Secretary any power or function conferred upon him by these Regulations (except this power of delegation and except his powers and functions in relation to the matters specified in paragraphs (a) and (b) of sub-regulation (1.) of the next succeeding regulation), so that the delegated power or function may, with respect to the matter or class of matters specified in the instrument of delegation, be exercised by the Secretary in the manner and subject to the conditions specified in that instrument.

(3.) A delegation under this regulation is revocable at will and no such delegation prevents the exercise or performance by the Minister of any of his powers or functions under these Regulations.


Duties of Principal.

11.—(1.) The Principal is responsible for—

(a) the instruction of students in accordance with the courses of study approved by the Minister; and

(b) regulating the conduct of the students and maintaining discipline in the School.

(2.) The Principal is responsible for the execution of the directions of the Minister or his delegate.

(3.) The Principal may do all things necessary or convenient for the discharge of his responsibilities.

(4.) The Principal shall co-operate with the Council or any Committee established by the Council in all matters relating to the functions of the Council.

Part IV.—Students.

Classes of students.

12. The persons for whose education the School may provide special courses are, in addition to officers and prospective officers of the Territory, persons included in any of the following classes:—

(a) persons employed or to be employed by the Commonwealth or an authority of the Commonwealth, and nominated by the Commonwealth or that authority;

(b) persons nominated by a Christian Mission operating in the Territory with a view to their receiving education for the purposes of the Mission;

(c) natives whose standard of education fits them for higher training;

(d) persons whose admission to the School would, in the opinion of the Minister, be of benefit to the Territory; and

(e) persons for whose admission to the School arrangements are made with the Government of a country outside the Commonwealth.

 

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

Overview

The Australian School of Pacific Administration Regulations, 1951, were enacted under the Papua and New Guinea Act 1949-1950 to address the need for structured administration and governance of the Australian School of Pacific Administration. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council. The primary objective of these regulations is to provide a framework for the administration, conduct, and management of the School, including the establishment of a Council to oversee these functions and advise the Minister. The regulations detail the composition, functions, and procedures of the Council, as well as the administrative roles and responsibilities within the School. By establishing these regulations, the Australian government aimed to ensure that the School operates effectively and aligns with broader policy objectives for the administration of Papua and New Guinea.

Scope and Application

The Australian School of Pacific Administration Regulations, made under the Papua and New Guinea Act 1949-1950, pertain to the governance, administration, and operation of the Australian School of Pacific Administration. These regulations apply to the Council of the School, which includes the Secretary as the Chairman, the Administrator, the Director of the Commonwealth Office of Education, and several other members nominated by key officials such as the Chairman of the Public Service Board and the Director-General of Health. The Council is tasked with advising the Minister on various aspects of the School's administration, including courses of study, student admissions, staff requirements, and financial provisions. The Minister has the authority to delegate administrative powers to the Secretary, except in specific areas related to the approval of courses and admission of students. The Principal is responsible for the instruction of students, maintaining discipline, and executing the directions of the Minister or the Secretary. The regulations also outline the classes of students eligible for admission, including officers and prospective officers of the Territory, persons nominated by the Commonwealth or Christian Missions, natives with a suitable educational standard, and individuals whose admission would benefit the Territory, among others. These regulations cover the Commonwealth's jurisdictional reach and govern the establishment and operation of the Australian School of Pacific Administration within the framework of the Papua and New Guinea Act 1949-1950.

Key Provisions

The Australian School of Pacific Administration Regulations (1951) establish the framework for the administration, governance, and operations of the Australian School of Pacific Administration. The primary sections of these regulations define the constitution and functions of the Council, the administrative duties of the Principal, and the types of students eligible for admission. The Council, as outlined in Regulation 5, consists of various members including the Secretary (who is also the Chairman), the Administrator, the Director of the Commonwealth Office of Education, and several other nominees from different government departments and the Principal. The Council's main functions, as specified in Regulation 6, include advising the Minister on administrative and management matters of the school, such as courses of study, student admissions, staff requirements, and financial provisions. Additionally, the Council is tasked with reporting on the school's activities and student progress to the Minister. These regulations impose specific obligations on the Council and the Principal. The Council is responsible for advising the Minister on various administrative aspects of the school, ensuring the school's activities align with its objectives, and submitting annual reports. The Principal, on the other hand, is responsible for the instruction and discipline of students, executing the Minister's directions, and cooperating with the Council in all matters related to its functions. Furthermore, the regulations allow the Minister to delegate certain powers to the Secretary, although this delegation is revocable and does not affect the Minister's overall authority. In terms of potential breaches and consequences, the regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure by the Council or the Principal to adhere to their duties and responsibilities could potentially lead to administrative actions, including the revocation of appointments or directives from the Minister. The regulations focus more on establishing a structured governance and administrative framework rather than detailing punitive measures for non-compliance.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation of Powers
Committees & Councils

Interactions

Authorises

All Versions

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.