STATUTORY RULES
1972 No.
REGULATIONS UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Teaching Service Act 1972.
Dated this seventh day of July, 1972.
Rohan Delacombe
Administrator.
By His Excellency’s Command,
MALCOLM FRASER
Minister of State for Education and Science.
COMMONWEALTH TEACHING SERVICE REGULATIONS
Citation.
1. These Regulations may be cited as the Commonwealth Teaching Service Regulations.
Remuneration of Commissioner.
2. For the purpose of sub-section (1.) of section 8 of the Commonwealth Teaching Service Act 1972, the rate, in respect of any period of office before the first day of July, One thousand nine hundred and seventy-three, is Fourteen thousand seven hundred and twenty-seven dollars per year.
Travelling allowances.
3.—(1.) Subject to the next succeeding regulation, where the Commissioner is necessarily absent overnight from Canberra in the course of performing his duties, travelling allowance is payable to him at the rate of Twenty-five dollars per day.
(2.) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Allowances in respect of service outside Australia.
4.—(1.) Where the Commissioner performs duties outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Public Service of the Commonwealth and were included in the Second Division.
(2.) Where the Commissioner is entitled to be paid travelling allowance in respect of a period under sub-regulation (i.) of this regulation, he is not entitled to be paid travelling allowance in respect of that period under regulation 3 of these Regulations.
* Notified in the Commonwealth Gazette on 1972.
Printed by Authority by the Government Printer of the Commonwealth of Australia
16264/72—Price 5c 9/23.6.1972
Overview
The Commonwealth Teaching Service Regulations, 1972 were enacted to provide further detail and operational guidelines under the Commonwealth Teaching Service Act 1972. This legislation was introduced to establish a framework for the Commonwealth Teaching Service, which aimed to address the need for a coordinated and efficient teaching service across the Commonwealth. The Act was enacted by the Commonwealth of Australia's Parliament, with the Regulations made under the authority granted by the Act to provide specific details on areas such as the remuneration of the Commissioner and allowances for travelling and service outside Australia. The overarching policy objective of the Act and subsequent Regulations is to ensure that the Commonwealth Teaching Service operates smoothly, with clearly defined roles and entitlements for its members, thereby supporting the broader educational objectives of the Commonwealth.
Scope and Application
The Commonwealth Teaching Service Regulations, made under the Commonwealth Teaching Service Act 1972, establish specific rules and allowances for the Commissioner of the Commonwealth Teaching Service. These regulations apply to the Commissioner and cover matters such as remuneration and allowances, including travelling allowances for instances where the Commissioner must travel outside Canberra for official duties and allowances for service performed outside Australia and the Territories of the Commonwealth. The regulations have a national reach within Australia, as they pertain to the Commonwealth government's operations. There are no explicit exclusions or exemptions detailed within these regulations, but they do clarify that travelling allowances are additional to the cost of conveyance and that the Commissioner is not entitled to both travelling allowances and other allowances in respect of the same period if performing duties overseas. The regulations also extend their application through subordinate instruments to address specific details of remuneration and allowances as needed.
Key Provisions
The Commonwealth Teaching Service Regulations (C1972L00111) establish specific provisions under the Commonwealth Teaching Service Act 1972. Section 2 of the Regulations specifies the annual remuneration for the Commissioner, which is set at $14,727 for any period of office prior to July 1, 1973. This provision ensures that the Commissioner’s salary is clearly defined and accounted for within the stipulated timeframe. Section 3 addresses the travelling allowance for the Commissioner, detailing that if the Commissioner is required to be away from Canberra overnight in the course of their duties, they are entitled to a daily allowance of $25. Importantly, this allowance is supplementary to the cost of travel and does not include it.
Under Section 4, the Regulations provide for allowances when the Commissioner performs duties outside Australia and its territories. In such instances, the Commissioner is entitled to allowances equivalent to those received by an officer of the Commonwealth Public Service in the Second Division. Additionally, if the Commissioner is entitled to a travelling allowance for services outside Australia, they are not entitled to the daily travelling allowance specified in Section 3 for the same period. These provisions ensure that the Commissioner’s entitlements are consistent with those of comparable public service officers when performing duties abroad.
The Regulations impose obligations on the Commonwealth to provide specified remuneration and allowances to the Commissioner, ensuring that these are paid in accordance with the outlined provisions. The obligations include the payment of annual remuneration as per Section 2, daily travelling allowances as per Section 3, and allowances for service outside Australia as per Section 4. These obligations are designed to maintain transparency and consistency in the financial support provided to the Commissioner in their official capacity.
Breaches of these Regulations may have civil or criminal consequences depending on the nature and severity of the non-compliance. However, the specific offences, penalties, or consequences for breach are not explicitly stated in the Regulations themselves. In general, failure to adhere to the financial provisions outlined in these Regulations could potentially lead to legal action, financial recovery, or disciplinary measures. The exact penalties would depend on the specific breach and the applicable laws governing such actions within the Commonwealth framework.