STATUTORY RULES.
1905. No. 28.
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PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 5th day of April, One thousand nine hundred and five.
NORTHCOTE.
Governor-General.
By His Excellency’s Command,
DUGALD THOMSON,
Minister of State for Home Affairs.
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Officers to Obey Summons.
Regulation 36 of the Regulations under the Commonwealth Public Service Act, published in the Gazette of the 23rd day of December, 1902, is hereby repealed, and the following regulation is substituted in lieu thereof:—
36. (1) Every officer who is summoned by the Commissioner or an Inspector or the Chairman of a Board of Inquiry or of a Board of Appeal, to give evidence upon any subject of inspection, inquiry, or investigation, shall attend to give evidence at the time and place specified in the summons.
(2) Every officer appearing before the Commissioner, an Inspector, a Board of Inquiry, or a Board of Appeal (whether summoned or attending voluntarily), shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.
(3) No officer shall be compelled to answer any question tending to incriminate him.
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Amendment of Regulation relating to General Division Grading.
Regulation 104 of the regulations under the said Act (Statutory Rules 1904, No. 53) is hereby amended by altering the maximum yearly rate of pay for the office of Coxswain under the head “Trade and Customs” from £150 to £156.
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C.3050.—Price 3d.
Overview
The Statutory Rules 1905, No. 28, are Provisional Regulations made under the Commonwealth Public Service Act 1902. Enacted by the Parliament of Australia, these regulations address immediate operational needs regarding public service oversight and management. The regulations were introduced to ensure effective and immediate enforcement of public service conduct and compliance, particularly in relation to evidence and document production in investigations. The Governor-General, acting on the advice of the Federal Executive Council, certifies the urgency of these regulations to facilitate the smooth functioning of public service administration. The overarching policy objective is to maintain efficient governance and accountability within the public sector.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902 apply to all officers within the Commonwealth public service who are summoned to give evidence in relation to inspections, inquiries, or investigations. These regulations mandate that officers must attend and provide evidence as required, answer pertinent questions, and produce any necessary documents, while also ensuring that officers cannot be compelled to answer questions that may incriminate them. The regulations extend across the Commonwealth, applying to all officers who fall within the scope of the Commonwealth Public Service Act 1902, and provide a framework for the administrative and investigative processes within the public service. The regulations also include specific amendments, such as the adjustment of the maximum yearly rate of pay for certain positions, indicating a direct application to the remuneration and grading of public service officers. Additionally, the regulations may be subject to further extension or restriction through subordinate instruments issued under the authority of the Act.
Key Provisions
The primary operative sections of these Provisional Regulations, established under the Commonwealth Public Service Act 1902, primarily address the attendance and cooperation requirements of public service officers in relation to investigations and inquiries. Regulation 36(1) mandates that any officer summoned by the Commissioner, an Inspector, the Chairman of a Board of Inquiry, or a Board of Appeal must attend and give evidence at the specified time and place. Furthermore, Regulation 36(2) requires that officers appearing before these bodies must answer all relevant questions and produce all required official documents. It is crucial to note that Regulation 36(3) protects officers from being compelled to answer questions that might incriminate them.
These regulations impose clear obligations on officers within the Commonwealth public service. Firstly, officers must comply with summonses to provide evidence and must attend the specified time and place. Secondly, when appearing before designated authorities, they must respond to all pertinent questions and present any requested official documents. The regulations also safeguard officers from self-incrimination by explicitly stating that they cannot be compelled to answer questions that might incriminate them.
In terms of consequences for non-compliance with these regulations, the Act does not explicitly state any specific offences, penalties, or civil/criminal consequences within the provided text. However, the overarching authority of the Commonwealth Public Service Act 1902 implies that significant penalties, including disciplinary actions, could be imposed for failing to comply with these regulations. The exact nature and severity of these penalties would depend on the broader provisions and case-specific circumstances under the Act.