STATUTORY RULES
1913. No. 62
PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the Commonwealth Public Service Act 1902-1911 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-seventh day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
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Regulations 257-261 made under the provisions of the Commonwealth Public Service Act 1902 are repealed, and new Regulations in the following terms are made in lieu thereof:—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) Willful 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:—
(I) 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. 2808.—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 therefor, shall be immediately reported to the Chief Officer.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1913 No. 62, enacted in 1913, provides provisional regulations under the Commonwealth Public Service Act 1902-1911. This legislative instrument was introduced to address the urgent need to establish a framework for the disciplinary management of officers within the Commonwealth Public Service, ensuring that proper procedures are followed when dealing with breaches of the Act or misconduct by public servants. The enacting body responsible for these regulations is the Governor-General in and over the Commonwealth of Australia, acting on advice from the Federal Executive Council. The policy objective is to provide a structured approach to handling charges against officers, ensuring that all allegations are documented, investigated, and addressed in a manner that is both transparent and fair, thereby maintaining the integrity and efficiency of the public service.
Scope and Application
The Provisional Regulations under the Commonwealth Public Service Act 1902-1911 apply to officers within the Commonwealth public service, outlining the procedures and actions that can be taken for various breaches of conduct or discipline. These regulations cover situations where an officer is charged with offences such as breaching the provisions of the Act or Regulations, willful disobedience, negligence, inefficiency, excessive use of intoxicating beverages, and any other disgraceful or improper conduct. The regulations specify that all charges must be made in writing and that the officer must be provided with a copy of the charge, along with the opportunity to respond in writing. The Act applies to officers across the Commonwealth, though specific provisions may vary depending on the officer's rank and department. The regulations also detail the authority of different officers and departments to reprimand, caution, or temporarily suspend officers, depending on the severity of the offence. These regulations extend the application of the Act by providing detailed procedures for disciplinary actions within the public service framework.
Key Provisions
The primary sections of these Provisional Regulations (Regulations 257-261) provide detailed guidelines on the procedures to be followed when an officer is charged with various offences or misconduct. Section 257 outlines the types of charges an officer may face, including breaches of the Act, willful disobedience, negligence, inefficiency, excessive use of intoxicating beverages, and disgraceful or improper conduct. When an officer is charged, they must be furnished with a written copy of the charge and must respond in writing, either admitting or denying the charge, and may provide any explanation (Regulation 257(I)).
These Regulations impose several obligations on officers and the entities governing them. Officers must respond in writing to charges brought against them and provide any explanations relevant to the alleged misconduct. Additionally, these Regulations establish a hierarchy of authority for dealing with disciplinary matters. The Chief Officer, or in some cases the Head of the Branch or Office, has the authority to reprimand, caution, or temporarily suspend officers depending on the severity of the offence (Regulation 257(2)-(3)). The specific officers with the authority to temporarily suspend include those in certain branches or offices, as well as the Postal Inspector for the district in cases involving the Postmaster-General’s Department.
In terms of penalties and consequences, the Regulations provide for a range of disciplinary actions depending on the nature and severity of the offence. For minor offences against discipline, the Chief Officer or other prescribed officers may issue a reprimand or caution (Regulation 257(2)(a)-(b)). In more serious cases, an officer may be temporarily suspended by the Chief Officer or, in emergent cases, by the Head of the Branch or Office or the Postal Inspector, depending on the officer’s role and department (Regulation 257(3)). These temporary suspensions must be immediately reported to the Chief Officer, along with the reasons for the action taken.
The Regulations do not explicitly state maximum penalties for the offences listed, but the potential actions, such as reprimands, cautions, and temporary suspensions, indicate a structured approach to managing and addressing misconduct within the public service. The requirement for immediate reporting of any disciplinary action to the Chief Officer ensures accountability and transparency in the enforcement of these Regulations.