STATUTORY RULES.
1913. No. 148.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902–1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the Commonwealth Public Service Act 1902–1911 to come into operation forthwith. Such Regulations shall supersede the Provisional Regulations (Statutory Rules 1913 No. 62) made on the 27th day of February, One thousand nine hundred and thirteen.
Dated this 30th day of May, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
For the Prime Minister.
Regulations 257–261 made under the provisions of the Commonwealth Public Service Act 1902 are repealed, and new Regulations in the following terms are made in lieu thereof:—
257–261.—If any officer is charged with—
(a) A breach of the provisions of the Act or of any Regulations thereunder; or
(b) Wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or
(c) Being negligent or careless in discharge of his duties; or
(d) Being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or
(e) Using intoxicating beverages to excess; or
(f) Any disgraceful or improper conduct.
the action to be taken shall be as follows:—
(1) All charges shall be made in writing. The officer charged shall be immediately furnished with a copy of the charge, and shall be required to forthwith state, in writing, whether he admits or denies the truth of such charge, and shall be allowed to give any written explanation with regard to the alleged offence.
C.6750.—Price 3d.
(2) In the case of minor offences against discipline,
(a) The Chief Officer may reprimand or caution any officer (other than an officer of the Administrative Division).
(b) The officers hereinafter prescribed as having power to temporarily suspend officers may reprimand or caution any officer in respect of whom the power to temporarily suspend applies, such caution or reprimand shall be immediately reported to the Chief Officer, together with reasons therefor and particulars of same.
(3) For any offence whatever, an officer (other than an officer of the Administrative Division) charged with the commission of such offence, may be temporarily suspended by the Chief Officer.
In emergent cases an officer charged with any offence whatever may be temporarily suspended from duty by the Head of the Branch or Office in which such offending officer is employed or with which he is connected, or in the case of an officer of the Postmaster-General’s Department by the Postal Inspector for the district in which the offending officer is employed or located, provided, however, that such liability to temporary suspension shall not extend to officers in charge of sub-branches or offices under the control of the officer so prescribed as having power to temporarily suspend. Any such temporary suspension, together with the reasons therefore shall be immediately reported to the Chief Officer.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1913 No. 148 were enacted to provide detailed regulations under the Commonwealth Public Service Act 1902–1911. This legislative instrument was introduced to address the need for comprehensive administrative procedures and disciplinary actions within the federal public service. The regulations were enacted by the Governor-General in accordance with the Federal Executive Council’s advice, and they supersede the Provisional Regulations that were previously in place. The policy objective behind these regulations is to establish clear protocols for addressing misconduct and inefficiency among public servants, ensuring that any allegations are formally documented and properly investigated.
The regulations specify that charges against officers must be made in writing and that the accused must promptly respond in writing, either admitting or denying the allegations and providing any relevant explanations. They outline the process for dealing with minor disciplinary issues through reprimands or cautions, which are to be reported to the Chief Officer. Additionally, the regulations empower the Chief Officer to temporarily suspend officers in cases of more serious offences, with certain exceptions and reporting requirements. These measures aim to maintain discipline and efficiency within the public service by providing a structured approach to handling misconduct.
Scope and Application
The Statutory Rules of 1913, No. 148, Regulations under the Commonwealth Public Service Act 1902–1911, apply to officers within the Commonwealth public service who are subject to disciplinary procedures for breaches of the Act or its regulations, wilful disobedience, negligence, inefficiency, excessive use of intoxicating beverages, and disgraceful or improper conduct. These regulations govern the procedural aspects of addressing such charges, including the requirement for written charges, written responses from the accused officer, and the reporting of reprimands or cautions to the Chief Officer. The scope of the regulations extends to all officers except those in the Administrative Division, and they include provisions for temporary suspension of officers by the Chief Officer or other specified authorities in emergent cases. The geographic reach of these regulations is national, encompassing all officers within the Commonwealth public service. The regulations supersede previous provisional regulations and are applicable across the Commonwealth of Australia.
Key Provisions
The primary operative sections of these Regulations (sections 257–261) detail the actions to be taken when an officer is charged with specific breaches or misconduct. These include breaches of the Act or Regulations, wilful disobedience or disregard of lawful orders, negligence or carelessness in duties, inefficiency or incompetence arising from personal causes, excessive use of intoxicating beverages, and disgraceful or improper conduct. The Regulations mandate that all charges must be made in writing and the officer must be given a copy of the charge, along with the opportunity to respond in writing, either admitting or denying the charge and providing any explanations. Section C.6750 outlines the specific actions for minor disciplinary offences, where the Chief Officer or authorised officers may reprimand or caution the officer involved. For any offence, the Chief Officer has the authority to temporarily suspend an officer, except for officers of the Administrative Division. In emergent cases, temporary suspension may be imposed by the Head of the Branch or Office, or the Postal Inspector for the district, depending on the officer's employment.
The Regulations impose several obligations on officers within the Commonwealth Public Service. Officers are required to adhere strictly to the provisions of the Act and its Regulations, ensuring they do not engage in any of the specified misconduct or breaches. They must respond promptly and in writing to any charges brought against them, providing either an admission or denial along with any relevant explanations. Additionally, officers are expected to conduct themselves in a manner that reflects the integrity and efficiency of the public service, avoiding any actions that could lead to disciplinary action or suspension.
Breaches of these Regulations can result in various penalties and consequences. For minor offences, the Chief Officer or authorised officers may issue a reprimand or caution, which must be reported to the Chief Officer. For more serious offences, an officer may be temporarily suspended from duty by the Chief Officer, with the reasons for suspension reported immediately to the Chief Officer. The Regulations do not specify the exact nature of the penalties for each type of offence, but the potential for temporary suspension indicates a serious consequence for failing to adhere to the standards set out in the Act and its Regulations.