STATUTORY RULES.
1907. No. 6.
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 come into operation forthwith as a “Provisional Regulation.”
Dated this 22nd day of January, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Minister of State for Home Affairs.
Regulation No. 40 of the Public Service Regulations is repealed, and the following substituted in lieu thereof:—
Performance of Duties.
40. (1) Every officer shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
(2) If any officer is charged with any breach of this Regulation, and the Chief Officer is of opinion that the charge is not of sufficient gravity to warrant the suspension of the officer so charged, the Chief Officer may furnish the officer charged with a copy of the charge, and require him to state whether he admits or denies the charge, and whether he consents to the charge being dealt with by the Chief Officer under this Regulation.
(3) If the officer consents to the charge being dealt with under this Regulation, the Chief Officer may deal with it, and may, if he finds the charge to be proved, fine the officer charged any sum not exceeding Twenty shillings.
(4) If the officer charged does not consent to the charge being dealt with by the Chief Officer under this Regulation, the officer shall be forthwith suspended and dealt with under section 46 of the Act.
(5) Any pecuniary penalty imposed on an officer suspended and dealt with under section 46 of the Act for a breach of this Regulation shall not exceed Fifty pounds: provided that the Chief Officer shall not fine any officer so found guilty any sum exceeding Ten pounds.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.295.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902 was enacted in 1907 by the Governor-General in Council to ensure that public service officers performed their duties diligently and in accordance with all applicable laws and regulations. This legislative instrument aimed to fill an urgent need for immediate enforcement mechanisms within the public service, addressing the requirement for prompt and effective compliance with public service regulations. The regulation was introduced by the Governor-General in Council, acting on advice from the Federal Executive, and it establishes procedures for dealing with officers who breach the regulation, including the authority for the Chief Officer to impose fines or refer more serious matters for further disciplinary action. The overarching policy objective is to maintain efficient and lawful conduct within the public service by providing clear directives and consequences for non-compliance.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to every officer within the public service, mandating that they promptly and accurately perform their duties, complying with all relevant enactments, regulations, and authoritative instructions. This regulation encompasses any officer who is charged with a breach and specifies the procedures for handling such charges, including the potential for fines not exceeding twenty shillings if the officer consents to the Chief Officer dealing with the charge. Conversely, if the officer does not consent to the Chief Officer's intervention, the matter is escalated to be dealt with under section 46 of the Act, with a maximum penalty of fifty pounds for breaches, though the Chief Officer is restricted to imposing fines of no more than ten pounds. The regulation's reach is national, applying across all jurisdictions within Australia, and it extends its application through the subordination of specific procedures and penalties.
Key Provisions
The main operative sections of this provisional regulation under the Commonwealth Public Service Act 1902 establish the duties of public officers and the process for dealing with charges against them. Section 40(1) mandates that every officer must promptly and correctly perform all duties of their office, adhering to all relevant laws, regulations, and authoritative instructions. This provision ensures that officers are accountable for their actions and must follow established guidelines to maintain order and efficiency within the public service. Section 40(2) to 40(5) outline the procedure for addressing charges against officers. If an officer is accused of breaching this regulation, and the Chief Officer determines that the charge is not serious enough to warrant suspension, the officer can be given a copy of the charge and asked to admit or deny it, as well as to consent to the Chief Officer handling the matter. If the officer consents, the Chief Officer can impose a fine of up to twenty shillings if the charge is proven. If the officer refuses to consent, they will be suspended and the matter will proceed under section 46 of the Act, with a maximum penalty of fifty pounds. However, the Chief Officer cannot impose a fine exceeding ten pounds.
The Act imposes several obligations on the officers governed by this regulation. Firstly, they must perform their duties promptly and correctly, ensuring they comply with all relevant laws and instructions. Officers are also required to respond appropriately when charged with a breach of the regulation. If they consent to the Chief Officer handling the matter, they must comply with the Chief Officer's decision, which may include a fine if the charge is proven. If an officer does not consent, they will face suspension and the matter will be dealt with under section 46 of the Act. Additionally, officers must adhere to the pecuniary limits set out in the regulation, ensuring that any fines imposed do not exceed the specified amounts.
Failure to comply with the provisions of this regulation can result in various consequences. For instance, if an officer is found guilty of breaching the regulation and consents to the Chief Officer handling the matter, they may be fined up to twenty shillings. If they do not consent, they will be suspended, and the matter will proceed under section 46 of the Act, with a maximum penalty of fifty pounds. However, the Chief Officer cannot impose a fine exceeding ten pounds. These penalties are designed to enforce discipline and ensure that officers fulfil their duties appropriately and in accordance with the law.