Public Service Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No. 12

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REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1968.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968, hereby makes, subject to the approval of the Governor-General, the following Regulation.

Dated this twenty-second day of December, 1970.

F. H. WHEELER

Chairman.

J. E. COLLINGS

Commissioner.

A. B. McFARLANE

Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulation.

Dated this eighteenth day of January, 1971.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

ANDREW PEACOCK

Minister of State for the Army for and on

behalf of the Prime Minister.

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Amendment of the Public Service Regulations 

Regulation 79c of the Public Service Regulations is repealed and the following regulations are inserted in its stead:—

Reimbursement of fares upon change of location, of branch, &c.

“79c.—(1.) Subject to the succeeding sub-regulations of this regulation, where, after the transfer of the branch of the Public Service in which an officer performs his duties to a new location, the sum of the amounts of the fares paid by the officer in a fortnight for transporting himself to and from his place of employment exceeds the relevant amount by an amount of not less than Fifty cents, the officer is entitled to be paid, by way of an allowance, an amount equal to the amount of the excess.

“(2.) An allowance is not payable to an officer under the last preceding sub-regulation—

(a) if the officer is in receipt of salary exceeding the maximum rate of salary specified in Item 4 of Part II. of the Fourth Schedule to these Regulations; or

 

*Notified in the Commonwealth Gazette on 1970.

 Statutory Rules 1935, No.18, as amended to date. For previous amendments of the Public Service Regulations see footnote   to Statutory Rules 1971, No. 3, and see also Statutory Rules 1971, Nos. 3 and 4.

20129/70—Price 5c

(b)if the place at which the officer is ordinarily required to attend for the commencement of duty does not change upon the transfer of the branch of the Public Service in which he performs his duties to a new location.

“(3.) For the purpose of ascertaining the sum of the amounts of the fares paid by an officer in a fortnight in transporting himself to and from his place of employment, the fares paid by the officer in so transporting himself on a day in the fortnight on which he attends at his place of employment for the purpose of performing ordinary duty shall, subject to the next succeeding sub-regulation, be taken to be—

(a)if there is available public transport that has a stopping place within one mile of the place of residence of the officer and within one mile of his place of employment and can be used by the officer—

(i) so as to enable him to arrive at the stopping place within one mile of his place of employment within one hour before the time at which he is to commence ordinary duty on that day and, after leaving the transport, to reach his place of employment before that time; and

(ii) so as to enable him to depart from that last-mentioned stopping place within one hour after ceasing duty on that day in order to proceed to his place of residence,

the sum of the fares payable for travelling by that public transport to and from his place of employment;

(b) if—

(i) there is not available on that day public transport as specified in the last preceding paragraph; and

(ii) the officer uses a motor vehicle owned or hired by him for the purpose of transporting himself by the most direct convenient route from his place of residence to his place of employment in order to commence duty on that day and from his place of employment to his place of residence on the completion of duty on that day,

an amount equal to the amount that would be payable under sub-regulation (4.) of regulation 90 of these Regulations if the officer were using the motor vehicle in pursuance of an authority given under sub-regulation (2.) of that regulation; or

(c) in any other case—

(i) an amount equal to the expenses reasonably incurred by the officer in transporting himself from his place of residence to his place of employment in order to commence duty on that day and from his place of employment to his place of residence on the completion of duty on that day; or

(ii) an amount equal to the amount that would be payable under sub-regulation (4.) of regulation 90 of these Regulations if the officer were using, in pursuance of an authority given under sub-regulation (2.) of that regulation, a motor car having a carrying capacity of less than one ton and an engine having four cylinders or less for the purpose of so transporting himself by the most direct convenient route,

whichever is the less.

“(4.) Where—

(a) an officer travels to his place of employment, otherwise than in a motor vehicle owned or hired by him, for the purpose of performing duty on a day but does not incur any expense in transporting himself to and from his place of employment on that day; or

(b)an officer uses a motor vehicle owned or hired by him for the purpose of transporting himself to and from his place of employment on a day and is paid or is entitled to be paid, in respect of the use of the vehicle an allowance under sub-regulation (4.) of regulation 90 of these Regulations,

he shall be taken, for the purpose of this regulation, not to have paid any fares on that day for transporting himself to and from his place of employment.

“(5.) For the purpose of sub-regulation (1.) of this regulation, the relevant amount, in relation to an officer, is the amount ordinarily expended, in a fortnight immediately before the transfer of the branch of the Public Service in which he performs his duties to the new location, by the officer in transporting himself from his place of residence to his place of employment for the purpose of performing ordinary duty and from his place of employment after ceasing duty to his place of residence.

“(6.) An allowance relating to the transfer of a branch to a particular location is not payable to an officer under this regulation—

(a) if the branch is transferred otherwise than from a town in a State or Territory of the Commonwealth to a town in the same State or Territory of the Commonwealth—unless the Board approves payment of the allowance to the officer;

(b)if the officer changes his place of residence after that transfer of the branch—in respect of a fortnight commencing after the date of the change; or

(c) in respect of a fortnight commencing after the expiration of three months after the commencement of the first fortnight in respect of which the officer receives payment of the allowance in relation to that transfer, unless the Board approves payment of the allowance to the officer in respect of the fortnight so commencing.

“(7.) The Board—

(a)shall approve, under paragraph (a) of sub-regulation (6.) of this regulation, payment of an allowance to an officer if special circumstances make it reasonable to pay the allowance notwithstanding that the branch of the Public Service in which the officer performs his duties is transferred otherwise than from a town in a State or Territory of the Commonwealth to a town in the same State or Territory of the Commonwealth; and

(b)shall approve, under paragraph (c) of sub-regulation (6.) of this regulation, payment of an allowance to an officer if special circumstances make it reasonable to continue to pay the allowance after the expiration of the period referred to in that paragraph,

but not otherwise.

“(8.) In this regulation—

(a)a reference to a branch of the Public Service shall be read as including a reference to a division, section or other like part of the Public Service;

(b)a reference to an officer shall be read as including a reference to an employee;

(c) a reference to the place of employment of an officer shall be read as a reference to the place at which the officer is ordinarily required to attend for the commencement of duty;

(d)a reference to public transport shall be read as a reference to transport available to the public by way of regular services over fixed routes; and

(e)a reference to the distance between two places shall be read as a reference to the distance between those places measured along the nearest convenient route suitable for walking.

Aggregation of mileage for purposes of regulations 79c and 90.

“79d. In calculating an allowance under regulation 79C or 90 of these Regulations, any mileage in respect of which an allowance has been paid under the other of those regulations shall be taken into account as if it were mileage in respect of which an allowance had been paid under the regulation under which the allowance is to be calculated.”.

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