Commonwealth Public Service Regulations (Amendment)

Legislation au C1909L00106 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1909. No. 106.

 

REGULATIONS 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 Regulations under the Commonwealth Public Service Act 1902 to come into operation forthwith.

Dated this ninth day of September, One thousand nine hundred and nine.

DUDLEY,

Governor-General.

By His Excellency’s Command,

GEORGE W. FULLER,

Minister of State for Home Affairs.

 

Repeal of Public Service Regulations 156, 257-60 and 261, and Substitution of New Regulations Therefor.

Regulations 156. 257-60 and 261, made under the provisions of the Commonwealth Public Service Act 1902, are hereby repealed, and new Regulations in the following terms made in lieu thereof:—

156. Officers shall travel by railway if the cost be not greater than by other means of conveyance.

Whenever an officer does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance upon furnishing receipts for such payment. Receipts will not be required for any amounts not exceeding five shillings.

257-61. 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.


(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 officer of the Administrative Division) charged with the commission of such offence, may be temporarily suspended by the Chief Officer.

(4) 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, 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 therefor shall be immediately reported to the Chief Officer.

Amendment of Public Service Regulation 262.

Regulation No. 262, made under the provisions of the Commonwealth Public Service Act 1902, is hereby repealed, and a new Regulation in the following terms substituted therefor:—

262. If upon consideration of the circumstances and the explanation (if any) the Chief Officer is of opinion that the alleged offence has not been committed, he may remove the suspension; if, however, he is of opinion that the alleged offence has been committed, but is not of so serious a nature as to justify reference to a Board of Inquiry, he may remove the suspension, and caution or reprimand the officer, or impose a fine not exceeding £10.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1909, No. 106, enacted under the Commonwealth Public Service Act 1902, introduce new regulations to replace existing ones, specifically Public Service Regulations 156, 257-60, and 261, as well as amend Regulation 262. These regulations were brought into force by the Governor-General in Council, acting on advice from the Minister of State for Home Affairs. The primary objective of these regulations is to ensure a more structured and economical approach to public service travel expenses and to establish a clear disciplinary framework for officers within the Commonwealth Public Service. The new regulations mandate economical travel by railway, provide a reimbursement process for alternative travel costs, and outline specific disciplinary measures for officers charged with various infractions, including breaches of the Act, misconduct, and inefficiency. Furthermore, the regulations offer the Chief Officer the authority to handle minor disciplinary matters or refer more serious cases to a Board of Inquiry.

Scope and Application

The Statutory Rules 1909 No. 106, made under the Commonwealth Public Service Act 1902, concern the regulation of public service officers within the Commonwealth. These regulations apply to all officers within the public service, encompassing various roles and responsibilities across different divisions and branches. They mandate that officers must travel by railway when it is the most economical option, with provisions for reimbursement if other means are used. The regulations also detail the disciplinary procedures applicable to officers charged with breaches of the Act, wilful disobedience, negligence, inefficiency, misconduct, or excessive use of intoxicating beverages. Officers charged with minor disciplinary infractions may be reprimanded or cautioned, with the option for temporary suspension for more serious offences. The Chief Officer or designated branch heads have the authority to suspend officers temporarily in urgent cases, with subsequent reporting requirements to the Chief Officer. The regulations also provide for the removal of suspension or imposition of fines and reprimands based on the severity of the alleged offence. This comprehensive framework establishes a clear process for managing public service conduct and ensuring adherence to the principles outlined in the Commonwealth Public Service Act 1902.

Key Provisions

The primary sections of this legislation (Regulations 156, 257-61, and 262) set forth specific regulations under the Commonwealth Public Service Act 1902. Regulation 156 mandates that officers must travel by railway if it is not more expensive than other means, with reimbursement for the most economical travel if they do not. Regulation 257-61 outlines the procedure for handling charges against officers for breaches of the Act, wilful disobedience, negligence, inefficiency, excessive use of intoxicating beverages, and improper conduct. It specifies that charges must be in writing, and officers must respond in writing to the charges. It also details the disciplinary actions available, such as reprimands, cautions, and temporary suspensions. Regulation 262 addresses the process for handling suspensions: if the Chief Officer believes the offence has not been committed or is not serious enough for a Board of Inquiry, they may remove the suspension and impose a caution, reprimand, or a fine up to £10. These regulations impose several obligations on public service officers and their superiors. Officers are required to travel by the most economical means unless otherwise specified and to respond in writing to any charges against them. Superiors, including the Chief Officer and Heads of Branches or Offices, have the authority to reprimand, caution, or temporarily suspend officers, as well as to impose fines. They must also report any temporary suspensions to the Chief Officer and ensure that the process for handling disciplinary matters is followed meticulously. Violations of these regulations may lead to various consequences. For instance, failure to travel by the most economical means of transport when required could result in financial penalties or reimbursement issues. Officers found guilty of more serious offences, such as wilful disobedience or improper conduct, may face reprimands, cautions, temporary suspensions, or fines. The maximum penalty for fines as specified in Regulation 262 is £10. Additionally, any failure to comply with the prescribed procedures for handling charges and disciplinary actions could lead to further administrative consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.