STATUTORY RULES.
1954 No .
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REGULATION UNDER THE SUPPLY AND DEVELOPMENT ACT 1939-1948.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Supply and Development Act 1939-1948.
Dated this nineteenth day of January, 1954.
W. J. Slim
Governor-General.
By His Excellency's Command,
(SGD.) HOWARD BEALE
Minister of State for Supply.
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Amendment of the Supply and Development Regulations.†
Appeal against dismissal.
Regulation 47 of the Supply and Development Regulations is amended by adding at the end thereof the following sub-regulation:—
“ (3a.) In the case of the illness, absence or suspension of the officer who is the elected representative referred to in paragraph (c) of the last preceding sub-regulation, or where there is no such representative or the Secretary is of opinion that, by reason of his being personally interested in, or affected by, a matter which is the subject of the appeal under this regulation, it is undesirable that that elected representative should act as a member of the Appeal Board, the Secretary may appoint another officer of the Fourth Division to act as a member of the Appeal Board in lieu of that representative.”.
* Notified in the Commonwealth Gazette on , 1954.
† Statutory Rules 1940, No. 59, as amended by Statutory Rules 1951, No. 139.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5401.—Price 3d. 9/4.12.1953.
Overview
The Statutory Rules 1954 No. 1800, issued under the Supply and Development Act 1939-1948, was enacted to amend the Supply and Development Regulations concerning the appeal process against dismissal. This legislative instrument was introduced to address potential gaps in the existing appeal mechanism by providing for the appointment of a substitute member in specific circumstances, such as the illness, absence, or suspension of the elected representative, or where there is no such representative, or where the Secretary deems it inappropriate for the elected representative to act due to personal interest or conflict. The regulation was enacted by the Governor-General in Council, with the Minister of State for Supply responsible for its implementation. The policy objective is to ensure that the appeal process remains fair and effective by allowing for the appropriate substitution of a member of the Appeal Board when necessary.
Scope and Application
The Supply and Development Regulations, as amended by this legislative instrument, pertain to officers and procedures within the Commonwealth of Australia, specifically under the Supply and Development Act 1939-1948. This regulation is concerned with the administration of appeals against dismissal within the specified framework, indicating that it applies to individuals employed in the public service, specifically those in the Fourth Division. The regulation provides a mechanism for appointing substitute members to the Appeal Board in cases where the elected representative is unable to act due to illness, absence, suspension, or conflict of interest. This ensures the continuity and fairness of the appeal process within the public service. The regulation’s reach is limited to the Commonwealth, and there are no stated exclusions or exemptions within the text provided. The application of the regulation may be further defined or extended through subsequent subordinate instruments under the authority of the Act.
Key Provisions
The Supply and Development Regulations, as amended by Statutory Rules 1954 No. 1800, introduce a specific procedural change to Regulation 47, focusing on the appointment of members to the Appeal Board under certain conditions (Regulation 47(3a)). This amendment allows for the substitution of an elected representative on the Appeal Board when the representative is ill, absent, or suspended, or if there is no such representative. Additionally, it provides the Secretary with the discretion to appoint an alternative member if the elected representative has a personal interest in or is affected by the matter under appeal, and it is deemed unsuitable for them to serve on the board. This amendment aims to ensure the continuity and impartiality of the Appeal Board’s proceedings.
The amended Regulation imposes certain obligations on the Secretary regarding the appointment of members to the Appeal Board. The Secretary must ensure that the board is composed of competent and impartial individuals. This includes the responsibility to appoint a suitable replacement if the elected representative cannot fulfil their duties due to illness, absence, suspension, or personal interest in the matter under appeal (Regulation 47(3a)). The Secretary's discretion under this provision must be exercised judiciously to maintain the integrity and fairness of the appeal process.
Failure to comply with the requirements of the amended Regulation, particularly in relation to the timely and appropriate appointment of Appeal Board members, may result in legal consequences. While the specific legal repercussions are not detailed in the legislative instrument, non-compliance could potentially lead to the invalidity of appeal decisions or other procedural irregularities, which might be subject to review or challenge in a court or tribunal. The precise civil or criminal penalties for such breaches are not explicitly stated in the regulation itself, but they could include fines, orders for redress, or other judicial remedies depending on the context and severity of the non-compliance.