Public Works Committee Regulations

Overview

The Public Works Committee Regulations 1946, issued under the Commonwealth Public Works Committee Act 1913-1936, serve to update and replace the earlier Public Works Committee Regulations 1915. This legislative instrument was enacted by the Governor-General in Council, following the advice of the Federal Executive Council, and it was made to address the need for updated regulations governing the Public Works Committee's operations, particularly in terms of financial allowances for witnesses and assessors. The objective of these regulations is to ensure that the Public Works Committee and its sectional committees can operate efficiently by setting appropriate remuneration and expenses for those who provide testimony or assessment services, aligning with the standards set for witnesses appearing before the High Court. The regulations thus provide a framework for the financial management of such personnel, ensuring that their contributions are fairly compensated.

Scope and Application

The Public Works Committee Regulations 1946, made under the Commonwealth Public Works Committee Act 1913-1936, govern the payment of fees and expenses for witnesses and assessors appearing before the Public Works Committee or its Sectional Committees. These Regulations apply to witnesses and assessors who provide testimony or expertise in proceedings conducted by the Committee or its designated sections. The scope of the Regulations is limited to financial compensation and excludes other forms of remuneration or benefits. They supersede the earlier Public Works Committee Regulations 1915, which are repealed by these Regulations. The provisions apply Commonwealth-wide and are enforced in accordance with the scale of witnesses' expenses prescribed for witnesses appearing before the High Court, providing a consistent and regulated approach to compensation for those involved in Public Works Committee proceedings.

Key Provisions

The Public Works Committee Regulations (Regulation 3(1)) establish the compensation structure for witnesses who appear before the Committee or a Sectional Committee, stipulating that they must be paid fees and travel expenses as deemed appropriate by the Chairman or Vice-Chairman. These payments are to be made in accordance with the same scale applied to witnesses appearing before the High Court. Similarly, assessors who are called in to assist the Committee or a Sectional Committee (Regulation 3(2)) must be remunerated at a rate deemed appropriate by the Chairman or Vice-Chairman, also following the High Court's scale of witnesses’ expenses. The Chairman or Vice-Chairman has full discretion in determining these payments and possesses all the powers and functions of a taxing officer under the prescribed scale (Regulation 3(3)). The obligations imposed by these regulations primarily concern the administrative duties of the Chairman and Vice-Chairman of the Public Works Committee. They are required to ensure that all witnesses and assessors who participate in Committee or Sectional Committee proceedings are compensated fairly and in accordance with the established scale. This includes making judgements on the appropriate level of remuneration, exercising the same discretion and powers as a taxing officer under the High Court's expense scale. In terms of breaches and penalties, the regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to adhere to the prescribed scale or improper exercise of the Chairman or Vice-Chairman’s powers could potentially lead to legal challenges or disputes regarding the legitimacy of the payments made. Given the formal nature of these regulations and their alignment with High Court standards, any significant deviation from these guidelines could be subject to judicial review or other forms of legal recourse.