Statutory Rules
1978 No. 289
REGULATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Administrative Appeals Tribunal Act 1975.
Dated this twenty-second day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. ELLICOTT
Minister of State for the Capital Territory for and on behalf of the Attorney-General
ADMINISTRATIVE APPEALS TRIBUNAL (ALLOWANCES) REGULATIONS
Citation
1. These Regulations may be cited as the Administrative Appeals Tribunal (Allowances) Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears—
“ prescribed place ”, in relation to a relevant member, is the place at which he is required to take up the performance of the duties of his office;
“ relevant member ” means a person (other than a Judge) who—
(a) is appointed to be a full-time member; and
(b) is required to take up the performance of the duties of his office at a place other than the place at which he was residing at the time of his appointment.
* Notified in the Commonwealth of Australia Gazette on 29 December 1978.
Allowances payable to member in respect of his removal to prescribed place
3. Where it is necessary for a relevant member to take up residence at the place that is the prescribed place in relation to him, there shall be payable to that relevant member the allowances that would be payable to him—
(a) under regulations 93 and 97 of the Public Service Regulations as amended and in force from time to time; and
(b) in respect of the cost of the removal to that place of furniture and personal effects,
if his appointment to be a member were an appointment to be an officer of the Australian Public Service.
Performance of functions in relation to allowances
4. For the purposes of these Regulations, any function that is required to be performed by the Public Service Board or a Chief Officer of a Department in relation to the payment to an officer of the Australian Public Service of an allowance referred to in regulation 3 of these Regulations shall, in relation to the payment of an allowance under these Regulations to a relevant member, be performed by the Minister.
Overview
The Administrative Appeals Tribunal (Allowances) Regulations were made in 1978 under the Administrative Appeals Tribunal Act 1975 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were designed to address the need for financial allowances for members of the Administrative Appeals Tribunal who are required to relocate for the performance of their duties. The regulations aim to ensure that these members receive appropriate allowances similar to those provided to officers in the Australian Public Service. The policy objective is to facilitate the efficient functioning of the Administrative Appeals Tribunal by providing necessary support to its members, particularly in cases where relocation is required for the discharge of their duties.
Scope and Application
The Administrative Appeals Tribunal (Allowances) Regulations 1978, made under the Administrative Appeals Tribunal Act 1975, apply to relevant members of the Administrative Appeals Tribunal who are full-time members appointed to perform their duties at a location different from their place of residence at the time of appointment. These regulations are intended to provide financial allowances to such members for relocation costs, aligning with the allowances that would be payable to officers of the Australian Public Service under the Public Service Regulations. The allowances cover both general relocation expenses and the cost of moving furniture and personal effects. Any functions related to the payment of these allowances, which would typically be handled by the Public Service Board or a Chief Officer of a Department, are instead to be performed by the Minister under these regulations. These regulations apply across the Commonwealth and are limited to the specific allowances outlined, without extending to other forms of compensation or benefits.
Key Provisions
The Administrative Appeals Tribunal (Allowances) Regulations (1978) under the Administrative Appeals Tribunal Act 1975 provide allowances for relevant members of the Administrative Appeals Tribunal who are required to relocate to a prescribed place to perform their duties. Specifically, section 3 of the Regulations stipulates that if a relevant member, defined as a full-time member appointed to take up duties at a place other than where they resided at the time of appointment, must relocate to the prescribed place, they are entitled to allowances equivalent to those payable to an officer of the Australian Public Service under regulations 93 and 97 of the Public Service Regulations, including allowances for the cost of moving furniture and personal effects.
These Regulations impose obligations on the Minister to perform functions related to the payment of allowances to relevant members, which would otherwise be performed by the Public Service Board or a Chief Officer of a Department in relation to officers of the Australian Public Service. This includes ensuring that the relevant member receives appropriate relocation allowances as set out in the Public Service Regulations.
Failure to comply with the provisions of these Regulations could lead to legal consequences for the Minister or other responsible authorities. While the specific penalties for non-compliance are not detailed within the Regulations themselves, breaches of statutory duties under the Administrative Appeals Tribunal Act 1975 could potentially lead to civil or administrative penalties. However, the exact nature of these penalties would depend on the context and the specific provisions of the Act or any related legislation.