Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 203, were enacted under the Commonwealth Public Service Act 1902-1915 by the Governor-General in Council, signifying the Federal Government's intent to reform the procedural allowances for witnesses in departmental inquiries. This legislative instrument aimed to address issues regarding the compensation of witnesses who were not officers but were required to attend inquiries on behalf of a department. The primary objective was to ensure fair compensation for the loss of income or wages for the time spent attending the inquiry, and to provide reasonable travel expenses to mitigate the financial burden on witnesses. This regulation was a response to identified gaps in the existing framework, ensuring that witnesses received appropriate remuneration for their participation in departmental proceedings. The enactment of these regulations underscores the Federal Government's commitment to establishing a transparent and equitable system for compensating non-officer witnesses involved in public service inquiries. By specifying the allowance to be equivalent to the lost salary or wages, or a sum deemed appropriate based on the witness's occupation and time lost, the regulation aimed to uphold fairness and efficiency within the public service framework. This legislative action was a direct effort to improve procedural integrity and support the effective functioning of departmental inquiries by ensuring witnesses were adequately compensated for their contributions.

Scope and Application

This Statutory Rule, made under the Commonwealth Public Service Act 1902-1915, pertains specifically to the payment of allowances and expenses to witnesses who are summoned on behalf of a Department to give evidence at an inquiry. The regulation applies to witnesses who are not officers within the public service and ensures that they are compensated for any salary or wages lost due to their attendance at the inquiry, or a sum deemed appropriate based on their occupation and time lost. Furthermore, it provides for reasonable travelling expenses not exceeding a set rate per mile from the witness's residence to the place of attendance. This regulation applies across the Commonwealth, impacting all departments and ensuring uniformity in the treatment of non-officer witnesses summoned for inquiries. There are no exclusions or exemptions explicitly stated within the text of this regulation, which suggests that it applies broadly to all relevant cases within the specified context. The regulation also provides a procedural mechanism for the submission and certification of claims by the officer conducting the case and the Chairman of the Board of Inquiry, respectively.

Key Provisions

The key operative sections of this regulation focus on the allowances and payments to be provided to witnesses who are not officers of the Commonwealth Public Service, when they are summoned to give evidence at an inquiry (Regulation 371(1)). These witnesses are entitled to an allowance for the salary or wages lost during the day or days they attend the inquiry, or a sum deemed appropriate if they do not receive a salary or wages, considering their occupation and time lost (Regulation 371(1)). Additionally, witnesses may receive reimbursement for reasonable travelling expenses, up to one shilling per mile from their residence to the place of attendance (Regulation 371(2)). The officer representing the Department must submit the witness's claim for expenses to the Chairman of the Board of Inquiry, who will then certify the attendance and necessary details to enable the Chief Officer to determine the allowable amount (Regulation 371(4)). This regulation imposes specific obligations on both the witnesses and the Department. Witnesses who are summoned to provide evidence are required to attend the inquiry and may claim an allowance and reimbursement for expenses as stipulated. They must ensure that their claims are submitted through the officer conducting the case for the Department and certified by the Chairman of the Board of Inquiry. The Department, in turn, has the responsibility to process these claims and make the appropriate payments based on the certified information. The Department's officer must also ensure that the claims are submitted to the Chairman of the Board of Inquiry for certification. The regulation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, the nature of the regulation suggests that any failure by the Department to properly process claims or make payments as required could lead to disputes or claims for compensation by the affected witnesses. The absence of specific penalties implies that any legal recourse would likely be pursued under general principles of contract or tort law, rather than specific statutory penalties.