Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916 No. 242, made under the Commonwealth Public Service Act 1902-1916, were introduced to address the need for updated allowances for Commonwealth public servants using personal vehicles for official duties. Enacted by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, these regulations were established with the advice of the Federal Executive Council. The policy objective behind these regulations was to provide fair and efficient compensation for public servants who utilize their own motor cars, cycles, or bicycles for work-related travel, ensuring that such use leads to greater efficiency and savings compared to other means of conveyance. The regulations detail specific rates of payment per mile for motor cars, cycles, and bicycles, differentiating between shorter and longer journeys to accurately reflect the costs incurred.

Scope and Application

The Regulations under the Commonwealth Public Service Act 1902-1916, specifically Statutory Rules 1916 No. 242, pertain to the allowance for the use of motor cars, cycles, or bicycles by officers engaged in public business. This legislation applies to Commonwealth public service officers who are not in receipt of forage or equipment allowance and who utilise their personal motor vehicles or cycles for official duties. The allowances are set at specific rates per mile, with differentiation based on the type of vehicle and the distance of the journey. Notably, this Act does not extend to officers who are already receiving forage or equipment allowance. The regulations are applicable nationally, as they are issued under the authority of the Commonwealth of Australia, and they supersede the previous regulations as stated in Statutory Rules 1913/341. The allowance for mileage is contingent upon the officer providing proof that the use of their vehicle results in greater efficiency and savings compared to other modes of transportation.

Key Provisions

The primary operative sections of these regulations (Regulation 157) replace an existing allowance for public servants who use their own motor vehicles or cycles for official duties. Specifically, Section 157 (subsection 157(1)) allows officers who do not receive forage or equipment allowance and use their own motor cars or cycles for public business to be compensated at set rates. The compensation is 5d. per mile for motor cars and 3d. per mile for cycles or bicycles for journeys up to 20 miles. For journeys exceeding 20 miles, the rate for motor cycles is 2½d. per mile and for bicycles, it is 1½d. per mile (subsection 157(2)). Additionally, these regulations require proof that the use of a motor vehicle or cycle results in greater efficiency and cost savings compared to other means of transport (subsection 157(3)). These regulations impose certain obligations on public servants and the Commonwealth. Public servants who use their own vehicles for official duties must provide evidence of increased efficiency and savings, as stipulated in subsection 157(3). The Commonwealth, on the other hand, is required to pay the specified allowances to eligible officers based on the distance travelled and the type of vehicle used, as outlined in subsections 157(1) and 157(2). Failure to comply with the requirements of these regulations may result in civil or criminal consequences, although specific offences and penalties are not detailed in the provided text. Generally, non-compliance with statutory regulations can lead to fines, legal action, or other penalties as prescribed by law. For instance, if an officer falsely claims an allowance or provides misleading information to substantiate their claim, they could potentially face charges under the Crimes Act 1914 (Cth) for fraud or related offences. However, the precise legal consequences would depend on the specific nature of the breach and applicable laws at the time.