Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1917, No. 81, represents a legislative instrument enacted under the authority of the Commonwealth Public Service Act 1902-1916. This regulation, which came into immediate effect, was made by the Governor-General, the Honourable R. M. Ferguson, acting on the advice of the Federal Executive Council. The objective of this regulation was to amend the Commonwealth Public Service Regulations by specifically altering Regulation 273. This amendment aimed to address the need for procedural fairness and representation for officers within the public service when facing charges, ensuring that they can be represented by counsel, an attorney, or an agent during the hearing process before a Board of Inquiry. However, the regulation stipulates that an officer cannot be represented by another officer without the consent of the Chief Officer or the approval of the Commissioner, thereby maintaining a structured and controlled approach to such representations.

Scope and Application

This Statutory Rule, numbered 1917 No. 81, pertains to the regulation of the Commonwealth Public Service Act 1902-1916 and comes into immediate effect. The regulation amends the existing Public Service Regulations, specifically altering Regulation 273 to provide officers with the right to legal representation during a Board of Inquiry hearing if any charges are brought against them. This representation may be conducted by counsel, an attorney, or an agent who can examine witnesses and address the Board on behalf of the officer. However, the regulation stipulates that an officer may not be represented by another officer without the explicit consent of the Chief Officer or the approval of the Commissioner. If the Chief Officer refuses to give consent, they must refer the matter to the Commissioner for final determination. This amendment ensures that officers have a structured and fair process for legal representation in disciplinary matters while maintaining oversight through the specified authorities. The jurisdictional reach of this regulation is limited to the Commonwealth of Australia, applying directly to the public service as governed by the Commonwealth Public Service Act 1902-1916.

Key Provisions

The key operative sections of the regulation amend the Commonwealth Public Service Regulations by repealing Regulation 273 and inserting a new provision in its place (section 273). The new regulation provides that an officer facing charges heard by a Board of Inquiry is entitled to be represented by counsel, an attorney, or an agent. This representative is allowed to examine witnesses and address the Board on behalf of the officer (section 273). However, an officer cannot be represented by another officer without the consent of the Chief Officer or the approval of the Commissioner (section 273). The regulation imposes several obligations on the parties involved. An officer who is the subject of an inquiry must ensure they are represented appropriately, if they choose to be, by a qualified representative. The Chief Officer and the Commissioner have the responsibility to review and approve or deny any requests for representation by another officer. If the Chief Officer withholds consent, they must refer the matter to the Commissioner for a decision (section 273). The regulation does not explicitly state any offences, penalties, or consequences for breach within its text. However, the absence of specified penalties does not necessarily mean there are no repercussions for non-compliance. Generally, failure to adhere to the requirements of the regulation might lead to procedural issues in the inquiry process, potentially affecting the outcome of the case. It is advisable to refer to the overarching Public Service Act or seek legal advice for potential consequences of non-compliance.