Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Commonwealth Public Service Regulations (Nineteenth Amendment) 1919, made under the Commonwealth Public Service Act 1902-1918, was enacted to address the need for a structured allowance for public service officers who use their own motor vehicles or cycles for official travel. This legislative instrument, made by the Governor-General acting on the advice of the Federal Executive Council, came into operation immediately upon its publication. The amendment to Regulation 157 provides specific rates of payment for the use of motor cars, motor cycles with sidecars, and bicycles for official travel, contingent upon proof of greater efficiency and cost savings compared to other means of transportation. This regulation is intended to ensure that public service officers who use their own vehicles for official duties are adequately compensated, thereby facilitating more efficient travel arrangements within the public service framework.

Scope and Application

The Commonwealth Public Service Regulations (Nineteenth Amendment, 1919) applies to officers within the Commonwealth Public Service who travel on public business using their own motor cars, cycles, or bicycles. Specifically, it concerns officers not in receipt of forage or equipment allowance who utilise their personal vehicles for official travel, or officers whose vehicles are used for such purposes. This regulation provides a financial allowance for the use of these vehicles, with the rates varying based on the type of vehicle. The geographic scope of the regulation is national, given it is enacted under the Commonwealth Public Service Act 1902-1918, which applies across Australia. There are no explicit exclusions or exemptions mentioned within this particular amendment, but it does specify that proof must be provided to substantiate that the use of these vehicles results in greater efficiency and savings compared to other modes of transportation. The regulation extends its application through subordinate instruments as necessary, ensuring the allowances provided are fair and justifiable for the use of personal vehicles in public service duties.

Key Provisions

The primary operative section of this regulation, Regulation 157, replaces the previous regulation and sets out new rates for the reimbursement of expenses for officers who use their own motor cars, motor cycles, or bicycles when travelling on public business. According to Section 157(1), officers not in receipt of forage or equipment allowance may receive payments at specific rates per mile for the use of their motor cars, motor cycles with side cars, or bicycles. For instance, officers who use motor cars are to be reimbursed at a rate of 6½ pence per mile, while those using motor cycles with side cars will receive 4 pence per mile. The regulation also stipulates that for motor cycles or bicycles without side cars, the rate is 3 pence per mile, with an additional charge of 1½ pence per mile for journeys exceeding 20 miles. Furthermore, Section 157(2) requires proof that the use of these personal vehicles results in greater efficiency and savings compared to other means of transport. This regulation imposes several obligations on the parties involved. Firstly, officers must ensure that they maintain and provide the necessary documentation to substantiate their claims for reimbursement. This includes providing evidence that the use of their personal vehicles leads to more efficient and cost-effective travel than alternative methods. Additionally, the regulation mandates that the payments are limited to the specified rates per mile, and any travel beyond the prescribed distances for bicycles will incur additional charges. Compliance with these provisions is essential for officers seeking reimbursement to ensure that they adhere to the stipulated guidelines and provide accurate documentation to support their claims. The regulation does not explicitly outline specific offences, penalties, or civil and criminal consequences for breaches within its text. However, it is understood that failure to comply with the regulation's requirements, such as providing false documentation or exceeding the specified rates, could potentially lead to administrative actions. These actions may include the denial of reimbursement claims, further scrutiny of expenses, or even disciplinary measures within the public service framework. While the regulation does not detail maximum penalties, it is reasonable to infer that persistent non-compliance could result in more severe consequences, including potential legal action or further sanctions by the relevant authorities.