Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Twenty-First Amendment) 1919 was introduced to address a specific issue concerning Commonwealth public servants who were summoned or called as witnesses on behalf of a state. This legislative instrument, enacted by the Governor-General in Council under the authority of the Commonwealth Public Service Act 1902-1918, aimed to clarify the status of these officers when they are required to provide evidence in a state matter. The primary objective was to ensure that such officers are considered to be performing their official duties during these instances, and consequently, to prevent the charging or payment of witness fees to them, except for any travel expenses reimbursed by the Commonwealth. This amendment reflects the intent to streamline the process and avoid any confusion or financial implications for Commonwealth public servants who are involved in state legal proceedings.

Scope and Application

The Commonwealth Public Service Regulations (Twenty-First Amendment, 1919) applies to officers within the Commonwealth Public Service who are summoned or called as witnesses on behalf of a state. This regulation is an amendment under the Commonwealth Public Service Act 1902-1918, with a specific focus on modifying Regulation 69. The amendment seeks to clarify that when such officers attend to give evidence on behalf of a state, their attendance is considered part of their official duties. As part of this amendment, it is specified that no witness fees, aside from any travel expenses paid by the Commonwealth, should be charged to or paid to these officers for their attendance as witnesses. This regulation applies across the Commonwealth of Australia, with its jurisdictional reach encompassing all federal public service officers. There are no stated exclusions, exemptions, or thresholds in this particular amendment, and the regulation comes into effect immediately upon its enactment.

Key Provisions

The main operative section of this legislation is the amendment to Regulation 69 of the Commonwealth Public Service Regulations (Regulation 69). This amendment specifically addresses the circumstances under which Commonwealth Public Service officers are called to give evidence on behalf of a state. Under the amendment, any officer who is summoned or called as a witness on behalf of a state is deemed to be performing their official duties. This means that they are considered to be acting within the scope of their employment when attending to give evidence (Regulation 69(3)). The obligations imposed by this Act on the parties or entities it governs primarily concern the financial implications for Commonwealth Public Service officers who are summoned or called as witnesses on behalf of a state. The amendment explicitly states that no witness fees, other than any travel expenses paid by the Commonwealth, should be charged to or paid to the officer for their attendance. This provision ensures that officers are not financially disadvantaged for performing their duties as witnesses on behalf of a state. It also clarifies that the Commonwealth will cover travel expenses, ensuring that officers are not burdened with the costs of attending to give evidence. In terms of potential breaches and the consequences thereof, the legislation does not explicitly outline specific offences or penalties for non-compliance. However, failure to adhere to the financial provisions regarding witness fees and travel expenses could potentially lead to disputes or legal challenges. Such breaches might be addressed through administrative or judicial review processes, focusing on ensuring that the officer's rights and the financial obligations of the Commonwealth are properly upheld. While specific maximum penalties are not detailed in the text, any non-compliance could result in the officer seeking remedies through appropriate legal channels to ensure they are not unfairly disadvantaged.