Australian Film, Television and Radio School (Allowances) Regulations

Overview

The Australian Film, Television and Radio School (Allowances) Regulations 1992 were enacted to address the issue of providing relocation and related allowances for the Director of the Australian Film, Television and Radio School, particularly when appointed from outside Sydney. This regulatory measure was introduced under the authority of the Minister for the Arts and Territories, aligning with the Australian Film, Television and Radio School Act 1973. The primary policy objective was to ensure that the Director, who was appointed from Melbourne to Sydney, and any future appointees, are entitled to such allowances. The Regulations were applied retrospectively to the date of the current Director's appointment on 31 January 1989, ensuring continuity and fairness in allowance entitlements. These regulations prescribed that the Public Service Board Determination 1984/46 would apply to the Director's position, thereby granting the same allowances at the same rates and conditions as applicable to holders of offices in the Senior Executive Service of the Australian Public Service.

Scope and Application

The Australian Film, Television and Radio School (Allowances) Regulations 1992 are specifically tailored to address the allowance entitlements of the Director of the Australian Film, Television and Radio School (the School) when appointed from outside Sydney. These Regulations were enacted to ensure that the current Director, appointed in January 1989, and any future appointees, are entitled to relocation and related allowances as per the provisions of the Australian Film, Television and Radio School Act 1973. These Regulations apply retroactively to the date of the current Director's appointment to safeguard his rights and prospectively to any future appointments, thereby complying with the requirements of the Acts Interpretation Act 1901. Section 51 of the Act authorises the Governor-General to make regulations for its purposes, and these Regulations specify that the Director is entitled to allowances as prescribed, aligning with the Public Service Board Determination 1984/46 for the Senior Executive Service of the Australian Public Service. Notably, while the Remuneration Tribunal has determined the Director’s travelling allowances, it has not addressed relocation and related allowances, necessitating these Regulations to fill that gap.

Key Provisions

The Australian Film, Television and Radio School (Allowances) Regulations 1992 (No. 135) were enacted to facilitate the payment of relocation and related allowances to the Director of the Australian Film, Television and Radio School (the School) if they are appointed from outside Sydney. These regulations, which came into effect on 31 January 1989, were introduced to ensure that the current Director, who moved from Melbourne to Sydney, and any future appointees, are entitled to these allowances. This entitlement is based on the provisions outlined in the Australian Film, Television and Radio School Act 1973 (the Act), particularly sections 27 and 51. Under Section 27(1) of the Act, the Director is entitled to a remuneration package determined by the Remuneration Tribunal. Section 27(2) of the Act stipulates that the Director is also entitled to allowances as prescribed by regulations. However, while the Remuneration Tribunal has established a determination regarding travelling allowances applicable to the Director, it has not yet made a determination in relation to relocation and other related allowances. Consequently, these regulations were created to fill this gap by prescribing that the Public Service Board Determination 1984/46 apply to the Director's position, ensuring that the Director is entitled to the same allowances, at the same rates, and under the same conditions as holders of offices in the Senior Executive Service of the Australian Public Service. The regulations impose specific obligations on the parties involved. The Director of the School is entitled to the prescribed relocation and related allowances if they are appointed from outside Sydney, and these entitlements are to be governed by the conditions set out in the Public Service Board Determination 1984/46. The School must ensure that these allowances are paid in accordance with the regulations. Importantly, these regulations do not prejudice the rights of the current Director or any future appointees, thereby complying with the provisions of the Acts Interpretation Act 1901. Regarding potential breaches, the regulations themselves do not explicitly outline specific offences or penalties for non-compliance. However, failure to adhere to the prescribed allowances or the terms of the Public Service Board Determination 1984/46 could result in legal action being taken against the School. While the regulations do not specify maximum penalties, any breach could potentially lead to civil or criminal consequences depending on the severity and intent behind the non-compliance. Such actions could include financial penalties, corrective orders, or other remedies as deemed appropriate by the relevant authorities.