STATUTORY RULES.
1908. No. 93.
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 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 13th day of August, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
J. H. KEATING,
Minister of State for Home Affairs.
Amendment of Public Service Regulation 267A.
267A. (1). Where it appears to a Board of Inquiry that it is undesirable, by reason of the officer charged being stationed in a remote locality, or by reason of expense, inconvenience, or delay, to require the officer or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the officer or witness.
(2). The person so appointed shall take the evidence of the officer or witness on oath or affirmation, and for the purpose of so doing shall have all the powers of the Chairman of the Board.
(3). Any party to the Inquiry, entitled to be represented before the Board, shall be entitled to be represented before any person taking evidence in pursuance of this Regulation.
(4). The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board, and considered by it in connexion with the Inquiry.
By Authority: J. Kemp, Government Printer, Melbourne.
C.9945—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902 was enacted in 1908 to address the challenges faced by Boards of Inquiry in requiring officers or witnesses to attend hearings when logistical difficulties such as remote locations, expense, inconvenience, or delay were involved. This regulation was introduced by the Governor-General in Council to facilitate the operation of these boards more effectively and efficiently. The policy objective, as stated in the regulation, is to allow for the appointment of fit and proper persons to take evidence on oath or affirmation, thereby ensuring that the proceedings of the Board of Inquiry are not hindered by impractical requirements. This amendment, specifically Regulation 267A, provides a mechanism for evidence to be gathered in a manner that is both practical and legally sound, ensuring that the integrity of the inquiry process is maintained even in challenging circumstances.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within the Commonwealth Public Service, particularly in situations where their attendance at a Board of Inquiry is impractical due to remoteness, expense, inconvenience, or delay. This regulation allows for the appointment of a fit and proper person to take the evidence of such officers or witnesses on oath or affirmation, empowering them with the same authority as the Chairman of the Board. Furthermore, it ensures that any party to the inquiry retains the right to be represented during the evidence-taking process. The regulation's jurisdiction extends across the Commonwealth, governed by the overarching authority of the Commonwealth Public Service Act 1902. While the regulation provides specific procedural adjustments, it does not explicitly mention exclusions, exemptions, or thresholds; however, its application is contingent on the circumstances outlined in the regulation itself. The Provisional Regulation is designed to maintain the integrity and efficiency of the inquiry process, ensuring that relevant evidence can be gathered without unnecessary barriers.
Key Provisions
The Provisional Regulation under the Commonwealth Public Service Act 1902, specifically amending Public Service Regulation 267A (section 267A), provides for the appointment of a fit and proper person to take evidence on behalf of a Board of Inquiry in certain circumstances. If it is deemed undesirable for an officer or witness to attend the Board due to remoteness, expense, inconvenience, or delay (section 267A(1)), the Board may appoint someone to take their evidence. This appointed person must administer the evidence on oath or affirmation and will possess the same powers as the Chairman of the Board (section 267A(2)). Parties to the inquiry who are entitled to representation before the Board also retain the right to be represented when evidence is taken by this appointed person (section 267A(3)). The evidence collected must be certified and forwarded to the Board for consideration as part of the inquiry (section 267A(4)).
The Provisional Regulation imposes certain obligations on the Board of Inquiry and the parties involved. The Board is required to consider the practicality of requiring an officer or witness to attend and may appoint a substitute if it finds attendance to be undesirable. The appointed person must administer the oath or affirmation correctly and must ensure that the evidence collected is certified and sent to the Board. The parties to the inquiry retain the right to be represented during the evidence collection process, ensuring fairness and transparency.
There are no explicit offences or penalties mentioned in the Provisional Regulation itself. However, the consequences of non-compliance with the provisions could potentially include the invalidity of the evidence collected if not properly administered or certified, which could affect the outcome of the inquiry. Additionally, failure to follow the prescribed procedures could lead to procedural errors that might be subject to review or challenge in a court or tribunal. The specific consequences and penalties would depend on the broader context in which these provisions are applied, such as other relevant legislation or administrative guidelines.