Commonwealth Public Service Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1911, was introduced to address the need for immediate regulations concerning allowances for new public service appointees. This legislative instrument was made by the Governor-General in Council, recognising the urgency of the matter. The policy objective behind this regulation was to ensure efficient and equitable handling of relocation costs for new public service employees, by setting a clear threshold for the reimbursement of travel expenses and delegating the authority to the Chief Officer to make discretionary decisions when necessary. This approach aimed to balance the need for streamlined administrative processes with the practical considerations of individual circumstances.

Scope and Application

The Provisional Regulation No. 158a under the Commonwealth Public Service Act 1902 applies to all persons appointed to the Public Service, irrespective of whether they were previously temporarily employed or not. It specifically addresses the allowance for conveyance costs associated with relocation to the place of employment. This regulation sets a threshold of £3 for railway or other transportation fares, including those for a spouse and children if applicable. If the total cost of these fares exceeds £3, the appointee may receive an allowance for the excess amount, subject to approval by the Chief Officer. This regulation extends across the Commonwealth of Australia, with its application governed by the overarching provisions of the Commonwealth Public Service Act 1902. Notably, it does not explicitly exclude any categories of persons or specific circumstances, thereby encompassing a broad scope of individuals within the Public Service. The regulation comes into immediate operation, reflecting the urgency deemed necessary by the Governor-General and the Federal Executive Council.

Key Provisions

The key operative section of this Provisional Regulation, Regulation 158a, specifies the conditions under which an allowance for conveyance costs can be granted to a person appointed to the Public Service (158a). According to this regulation, no allowance will be provided unless the total cost of railway or other fares, including those for the appointee’s spouse and children if married, exceeds £3. If the costs do exceed £3, the Chief Officer is authorised to allow the appointee the amount in excess of this threshold. This Act imposes specific obligations on the Chief Officer regarding the payment of conveyance costs to appointees of the Public Service. The Chief Officer must ensure that any allowance for conveyance costs is granted only when the total fare exceeds £3 and must make the necessary calculations and payments in accordance with this regulation. The regulation does not specify any particular process or form for making these payments, leaving some discretion to the Chief Officer. There are no specific offences, penalties, or consequences outlined in this Provisional Regulation for breach of its provisions. However, any failure by the Chief Officer to comply with the regulation could potentially lead to legal challenges or administrative reviews if an appointee believes they were wrongly denied an allowance or if the allowance was improperly granted. The regulation itself does not specify any maximum penalties for such breaches.