STATUTORY RULES.
1906. No. 100.
PROVISIONAL 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 certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902, relating to Boards of Inquiry, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 13th day of November, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command.
SAMUEL MAUGER,
For 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 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.12239.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1906, addresses the urgent need to establish a formal procedure for the investigation of officers within the public service who may be unfit or incapable of discharging their duties. This legislative instrument was introduced to ensure that the public service operates efficiently and effectively by providing a clear and structured process for assessing the fitness and capability of officers. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, reflecting the urgency and importance of establishing this procedural framework. The overarching policy objective is to maintain high standards within the public service by ensuring that only those officers who are fit and capable are permitted to continue in their roles.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 establishes the composition of Boards of Inquiry tasked with investigating an officer's unfitness or incapability to discharge their duties. This regulation applies to any officer within the Commonwealth Public Service, encompassing various classes and divisions, and mandates that the Board of Inquiry must include members from specific classes within the officer's department, another department, and a representative of the officer's division. If no division representative exists, or if the officer is the division representative, the Commissioner nominates an officer. The regulation also allows for the inclusion of individuals with special technical knowledge if required for the proper investigation of the officer's unfitness or incapability. This regulation applies nationally and is applicable to all Commonwealth public service officers, without specified exclusions, exemptions, or thresholds. The regulation's application may be extended or restricted through subordinate instruments as needed.
Key Provisions
The main operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902, focus on the establishment of Boards of Inquiry for investigating an officer's unfitness or incapability to discharge their duties. Section 276a outlines the composition of these Boards, stipulating that they must include an officer from the department where the officer under investigation is employed, an officer from another department, and a representative from the division to which the officer belongs, or a nominated officer if no such representative exists (subsection (a), (b), and (c)). In cases where special technical knowledge is required, the Commissioner can nominate individuals with the necessary expertise instead of or in addition to the specified officers (subsection (d)).
Under this regulation, there are clear obligations placed upon various parties. The Commissioner, who has the authority to nominate members of the Board of Inquiry, must ensure that the board is appropriately constituted to conduct a thorough and fair investigation. Departments are required to provide the necessary officers for the board, and the officers themselves must comply with the Commissioner’s nomination and participate in the proceedings as required. The representative of the division or the nominated officer must also be available and willing to serve on the board, ensuring the investigation is comprehensive and unbiased.
Failure to comply with the provisions of this regulation can result in legal consequences. While the regulation itself does not explicitly detail offences, penalties, or specific consequences for non-compliance, it operates under the umbrella of the Commonwealth Public Service Act 1902. Non-compliance or failure to participate in the investigation process could lead to disciplinary actions against the officers or representatives, as well as potential repercussions for the department involved. Additionally, the Commissioner may face administrative or legal scrutiny for improperly constituted boards or failure to investigate properly.