High Commissioner (Staff) Regulations (Amendment)

Overview

The Statutory Rules 1946, No. 50, made under the authority of the High Commissioner Act 1909-1945, were enacted to address the need for a formalised structure within the office of the High Commissioner, specifically by establishing the role of Deputy High Commissioner. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The principal aim of these regulations was to create a clear delineation of roles and responsibilities within the diplomatic staff, ensuring that the Deputy High Commissioner had defined allowances, a fixed term of office, and specific powers that could be exercised by the High Commissioner. This legislative amendment aimed to enhance the administrative efficiency and clarity of the High Commissioner’s office by formally recognising and regulating the position of Deputy High Commissioner.

Scope and Application

The High Commissioner (Staff) Regulations, as amended by Statutory Rules 1946, No. 50, pertain specifically to the establishment and management of the office of Deputy High Commissioner. This legislation applies to the individual appointed to the office of Deputy High Commissioner, setting out the terms of appointment, remuneration, allowances, and duration of service. The Deputy High Commissioner is appointed for a term of five years, with eligibility for re-appointment, and is compensated with an annual salary of one thousand seven hundred and fifty pounds. The Deputy High Commissioner is entitled to allowances for travel and other purposes, which are determined by the Minister. Importantly, the Deputy High Commissioner has the authority to exercise the same powers and functions as the Official Secretary, though these must be exercised by the High Commissioner. Notably, certain regulations governing the Official Secretary do not apply to the Deputy High Commissioner, as specified in the amendment. The regulations are made under the authority of the High Commissioner Act 1909-1945 and extend throughout the Commonwealth of Australia. The geographic scope of these regulations is national, impacting the office of the Deputy High Commissioner as a federal position. The legislation does not explicitly state any exclusions or exemptions but rather delineates specific provisions unique to the Deputy High Commissioner. The application of these regulations may be further defined or extended through subordinate instruments, allowing for adjustments to allowances and other specifics of the Deputy High Commissioner's role.

Key Provisions

The key provisions of these Regulations under the High Commissioner Act 1909-1945 primarily concern the establishment of the office of Deputy High Commissioner, its salary, allowances, term, and specific powers and functions. Regulation 2 is amended to include Part Ia, which defines the Deputy High Commissioner's role (Regulation 5a). The salary for this position is set at £1,750 per annum (Regulation 5a(2)), and allowances for travel or other purposes are to be determined by the Minister (Regulation 5a(3)). The Deputy High Commissioner is appointed for a term of five years and is eligible for reappointment (Regulation 5a(4)). Notably, certain regulations pertaining to the Official Secretary do not apply to the Deputy High Commissioner, specifically Regulations 15, 16, 17, and 18 (Regulation 5a(5)). The Deputy High Commissioner is granted all powers and functions of the Official Secretary, subject to the condition that these are exercised by the High Commissioner (Regulation 5a(6)). These Regulations impose specific obligations on the Deputy High Commissioner and the Minister. The Deputy High Commissioner must adhere to the terms of their appointment, including the prescribed salary and any allowances determined by the Minister. The Deputy High Commissioner is also required to exercise their powers and functions as conferred by the Regulations, but only under the direction of the High Commissioner. The Minister's role is to determine the rates of allowances for the Deputy High Commissioner, ensuring that these are in line with the requirements of the position. Breaches of the provisions outlined in these Regulations may have civil or criminal consequences, though the specific penalties are not detailed within the Regulations themselves. Given the context of the High Commissioner Act 1909-1945, any failure to comply with the statutory requirements could potentially result in disciplinary action, termination of appointment, or other administrative consequences. However, the precise nature and extent of these penalties would be determined by the relevant authorities in accordance with applicable laws and administrative procedures.