STATUTORY RULES.
1907. No. 9.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902, to come into operation forthwith.
Dated this 19th day of February, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
The Public Service Regulations are amended by adding thereto in Chapter XII. thereof the following Regulation:—
276a. A Board of Inquiry, under Section 65 of the Act, for the investigation of the question of an officer’s unfitness to discharge, or incapability of discharging, the duties of his Office, shall consist of—
(a) an officer (to be nominated by the Commissioner) of the First or Second Class of the Clerical Division, or of Class A, B, or C of the Professional Division, in the Department in which the officer is employed;
(b) an officer (to be nominated by the Commissioner) of any one of the aforesaid classes in any other Department; and
(c) the representative of the Division to which the officer, whose unfitness or incapability is to be investigated, belongs; or where in any State there is no representative of the Division to which the officer belongs, or where the officer whose unfitness or incapability is to be investigated, is himself the representative of the Division to which he belongs, an officer to be nominated by the Commissioner.
Provided that in any case where it appears to the Commissioner that the proper investigation of the subject-matter of the inquiry calls for special technical or other knowledge on the part of the members of the Board of Inquiry, the Commissioner may, in lieu of any one or more of the officers specified above, nominate any one or more persons who, in his opinion, possess the special knowledge required to be a member or members of the Board of Inquiry.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.1124.—Price 3d.
Overview
The Commonwealth Public Service Regulations 1907, enacted under the Commonwealth Public Service Act 1902, address the need for formal procedures in the investigation of public officers' fitness and capability to perform their duties. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, and was brought into effect immediately upon enactment. This legislative instrument establishes a structured Board of Inquiry to assess an officer's unfitness or incapability, ensuring that such investigations are conducted impartially and with the necessary expertise. The policy objective of these regulations is to maintain the integrity and efficiency of the public service by providing a clear framework for dealing with issues related to an officer's suitability for their role.
Scope and Application
The Public Service Regulations, as amended by the Statutory Rules 1907 No. 9, extend to the entire Commonwealth of Australia and govern the composition and function of Boards of Inquiry established under Section 65 of the Commonwealth Public Service Act 1902. These regulations apply to any officer within the Commonwealth Public Service who is under investigation for unfitness or incapability to discharge their duties. The Board of Inquiry is composed of three members: one officer from the same department as the officer under investigation, another officer from a different department, and a representative from the officer's division, or an alternate officer if no division representative is available. The Commissioner may substitute members with individuals possessing the necessary technical or other specialised knowledge if the inquiry demands it. This regulation does not explicitly mention any exclusions, exemptions, or thresholds but is subject to the overarching principles of the Public Service Act 1902.
Key Provisions
The regulation establishes the composition of a Board of Inquiry under section 65 of the Commonwealth Public Service Act 1902 (section 276a). This Board is tasked with investigating whether an officer is unfit or incapable of performing their duties. The Board must include an officer nominated by the Commissioner from the same Department as the officer under investigation, another officer nominated by the Commissioner from a different Department, and a representative of the Division to which the officer under investigation belongs. If no such representative exists, or if the officer under investigation is the representative, the Commissioner may nominate an officer to fill this role. Additionally, the Commissioner can substitute any member with someone who has the necessary special knowledge if the investigation requires it.
The regulation imposes specific obligations on the Commissioner, who is responsible for nominating the members of the Board of Inquiry. The Commissioner must ensure that the Board includes representatives from the same Department as the officer under investigation, another Department, and the relevant Division. If special knowledge is needed, the Commissioner must nominate individuals with the required expertise. The regulation also ensures that the Board is properly constituted to conduct a fair and comprehensive investigation into the officer's fitness for duty.
Breaches of the obligations set out in the regulation may lead to consequences, although the regulation does not explicitly state the penalties. Under the broader framework of the Commonwealth Public Service Act 1902, failure to properly constitute a Board of Inquiry or to conduct a fair investigation could potentially lead to disciplinary action against the Commissioner or other officials involved. While the specific penalties are not outlined in the regulation itself, they would likely be determined by the relevant provisions of the Act and any applicable laws regarding misconduct or failure to comply with public service regulations.