Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Twenty-Third Amendment) 1919 were enacted to address issues in the procedures surrounding disciplinary actions within the public service. The regulations were made under the authority of the Commonwealth Public Service Act 1902-1918 by the Governor-General in Council. The primary focus of this legislative instrument was to refine the process for handling disciplinary cases where charges were not proven, ensuring that reasonable expenses incurred by the accused officer could be appropriately considered and reimbursed. This amendment introduced a new regulation, 269a, which outlined a formal process for reporting and recommending the payment of expenses to the accused officer, as well as the amendment to existing regulation 270 by removing a specific paragraph. The aim of these changes was to provide a more equitable and transparent process for public servants facing disciplinary action.

Scope and Application

The Commonwealth Public Service Regulations (Twenty-Third Amendment) 1919 applies to the Commonwealth Public Service as defined under the Commonwealth Public Service Act 1902-1918. It specifically amends the existing regulations to introduce new procedures for handling cases where charges against public service officers are not proven. The amendment pertains to the payment of reasonable expenses to the accused officer, requiring a Board of Inquiry to report to the Chief Officer, who then forwards the report to the Commissioner for recommendation to the Governor-General. This legislative instrument has a national reach as it is enacted under the authority of the Commonwealth of Australia and applies to all Commonwealth public servants. The amendment does not explicitly state any exclusions, exemptions, or thresholds, but its application is contingent upon the findings of the Board of Inquiry and the subsequent approval processes outlined within the regulations. The scope of the amendment is limited to the specified procedural changes and does not extend to altering the substantive laws governing public service conduct or charges against officers.

Key Provisions

The main operative sections of the Commonwealth Public Service Regulations (Twenty-Third Amendment, 1919) introduce a new regulation, 269a, and amend existing regulation 270. Regulation 269a (1) provides that when a charge against a public service officer is not proven, and the Board of Inquiry deems it appropriate, the Board must report to the Chief Officer regarding the reasonable expenses incurred by the officer that should be reimbursed. This report is then forwarded by the Chief Officer to the Commissioner, who subsequently presents it to the Governor-General along with a recommendation. Regulation 270 (2) is amended by omitting paragraph (d), thereby removing a specific provision previously in place. The amendments impose obligations on the Board of Inquiry, the Chief Officer, and the Commissioner. Specifically, the Board of Inquiry must conduct a review of the expenses incurred by an officer when a charge is not proven and submit a detailed report to the Chief Officer. The Chief Officer is then required to forward this report to the Commissioner, who must review it and submit it to the Governor-General with their recommendation. These steps ensure a formal process for considering and potentially reimbursing the expenses of officers who are not found guilty of the charges against them. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the procedural nature of the regulations suggests that failure to adhere to the stipulated processes could lead to administrative or disciplinary actions. The omission of paragraph (d) from regulation 270 might also imply a shift in the procedural requirements, which, if not followed, could result in the invalidation of certain actions or decisions within the public service framework. The precise consequences would depend on the broader context of the Commonwealth Public Service Act and any relevant administrative rules or guidelines.