High Commissioner (United Kingdom) Act 1957

Overview

The High Commissioner (United Kingdom) Act 1957 was enacted to amend the High Commissioner Act 1909–1952 and address certain administrative and operational aspects related to the role of the High Commissioner for the United Kingdom in Australia. The Act was introduced by the Parliament of Australia to refine the framework governing the remuneration, appointment, and operational scope of the High Commissioner’s office. The principal objective was to ensure that the High Commissioner and any acting appointees could effectively manage their roles with appropriate authority and compensation, while also clarifying the legal status and employment terms of officers and employees under the Act. This legislation underscores the importance of having a well-defined structure for the High Commissioner’s office, allowing for the seamless continuation of diplomatic functions, particularly in instances of vacancy or absence. By specifying the terms under which the Governor-General can make appointments and by detailing the remuneration and allowances for the High Commissioner and acting appointees, the Act aimed to provide clarity and continuity in the diplomatic representation of the United Kingdom in Australia.

Scope and Application

The High Commissioner (United Kingdom) Act 1957 amends the High Commissioner Act 1909–1952, primarily concerning the appointment, remuneration, and allowances of the High Commissioner for the United Kingdom in Australia, as well as the appointment of officers and temporary employees on behalf of the Commonwealth. The Act applies to the High Commissioner and any officers or temporary employees appointed under its authority. It is a Commonwealth Act, thus it has jurisdiction across the entire nation. The Act provides the Governor-General with the authority to determine the remuneration and allowances of the High Commissioner and any Acting High Commissioner, and also allows for the appointment of necessary officers and temporary employees, subject to regulations. Notably, the Public Service Act 1922–1957 and the Commonwealth Employees' Furlough Act 1943–1953 do not apply to officers and employees appointed under this Act. The Act can extend its application through subordinate regulations which may specify the terms and conditions of employment for officers and temporary employees.

Key Provisions

The High Commissioner (United Kingdom) Act 1957 amends the High Commissioner Act 1909–1952 and introduces several key provisions. Section 3 of the Act replaces the former method of determining the remuneration and allowances of the High Commissioner, stipulating that these shall now be determined by the Governor-General (section 6). Section 4 overhauls the provisions concerning officers and employees by allowing the High Commissioner to appoint necessary officers and engage temporary employees on behalf of the Commonwealth, subject to regulations (section 9). Additionally, it specifies that officers previously in the Commonwealth Public Service retain their rights, and their service under this Act is recognised for the purpose of these rights (section 9(3)). The Act also exempts officers and temporary employees under this Act from the Public Service Act 1922–1957 and the Commonwealth Employees’ Furlough Act 1943–1953, though regulations may provide for furlough and related payments (section 9(4) and (5)). The Act imposes several obligations on the High Commissioner and other relevant parties. The High Commissioner must now appoint officers and temporary employees in accordance with the regulations set out in section 9. These regulations must detail the appointment process, as well as the terms and conditions of employment for both officers and temporary employees. Moreover, the Act mandates that any officer holding office under the repealed section continues to hold office as if appointed under the new section, until the proclaimed date fixed by the Governor-General (section 4). Regulations made under section 9(2) can be enacted before the proclaimed date but will only take effect on that date. The Act includes provisions for the appointment of an Acting High Commissioner in the event of a vacancy or absence of the High Commissioner (section 9b). The Governor-General has the authority to appoint an Acting High Commissioner, who will hold office during the vacancy or the High Commissioner’s absence and will have all the powers and duties of the High Commissioner. Remuneration and allowances for an Acting High Commissioner are also determined by the Governor-General (section 9b(5)). However, an Acting High Commissioner cannot be appointed if there is already a Commission in force under section 9a of the Act. Non-compliance with these provisions could result in invalid appointments and potential legal challenges regarding the authority and actions of the Acting High Commissioner.