STATUTORY RULES
1971 No.
REGULATIONS UNDER THE COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Compensation (Commonwealth Employees) Act 1971.
Dated this fourth day of June, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Sgd. W. C. Wentworth
Minister of State for Social Services.
COMPENSATION (REMUNERATION AND ALLOWANCES) REGULATIONS
Citation.
1. These Regulations may be cited as the Compensation (Remuneration and Allowances) Regulations.
Definition.
2. In these Regulations, “the Act” means the Compensation (Commonwealth Employees) Act 1971.
Remuneration.
3. In respect of any period of office before the thirty-first day of December, 1971—
(a) the salary payable to the Commissioner is Fourteen thousand seven hundred and twenty-seven dollars per year; and
(b) the remuneration payable to a person constituting a Compensation Tribunal, being a person appointed for a period of not less than one year, is Seventeen thousand one hundred and seventy-two dollars per year.
Travelling allowances.
4.—(1.) Subject to regulation 6 of these Regulations, where the Commissioner is necessarily absent from Canberra overnight, or a person constituting a Compensation Tribunal is necessarily absent from his head-quarters overnight, in the course of performing his duties, travelling allowance is payable to him in respect of the period of absence at the rate of Twenty-one dollars per day.
(2.) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Other allowances payable while in Australia.
5. Subject to the next succeeding regulation, the Commissioner or a person constituting a Compensation Tribunal is entitled to be paid such allowances, other than travelling allowance, as would be payable to him under the Public Service Regulations, as in force from time to time, if he were an officer of the Public Service of the Commonwealth and were included in the Second Division.
* Notified in the Commonwealth Gazette on 1971.
14698/71—Price 5c 10/12.5.1971
Allowances payable while outside Australia.
6.—(1.) Where the Commissioner or a person constituting a Compensation Tribunal 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 or a person constituting a Compensation Tribunal is entitled to be paid travelling allowance in respect of a period under sub-regulation (1.) of this regulation, he is not entitled to be paid travelling allowance in respect of that period under regulation 4 of these Regulations.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Compensation (Remuneration and Allowances) Regulations 1971 were enacted under the Compensation (Commonwealth Employees) Act 1971. This legislative instrument was introduced to provide a structured framework for the remuneration and allowances for Commonwealth employees, particularly focusing on the Commissioner and members of Compensation Tribunals. The objective of these regulations was to ensure that the remuneration and allowances for such positions were consistent with the broader public service standards, thereby maintaining fairness and equity. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aimed to clearly define the financial entitlements for specific roles within the Commonwealth public service. The policy objective was to provide clarity and consistency in the compensation framework for these positions, ensuring that they were aligned with the broader public service guidelines.
Scope and Application
The Compensation (Remuneration and Allowances) Regulations 1971, made under the Compensation (Commonwealth Employees) Act 1971, apply to the Commissioner and members of the Compensation Tribunal, detailing their remuneration and allowances. The Act is applicable to individuals occupying these roles within the Commonwealth, specifically governing their salary and allowances for both domestic and international duties. The regulations specify the salary rates for the Commissioner and tribunal members as of December 1971, and outline allowances for travel and other expenses incurred while performing duties in Australia and abroad. Notably, these allowances mirror those provided under the Public Service Regulations, ensuring consistency with other Commonwealth officers in the Second Division. The provisions also clarify that travel allowances are supplementary to other costs such as conveyance and do not include them. These regulations thus establish a comprehensive framework for compensating Commonwealth employees, ensuring they are adequately remunerated for their service.
Key Provisions
The Compensation (Remuneration and Allowances) Regulations (1971) outline specific provisions for the payment of remuneration and allowances to certain Commonwealth employees, particularly the Commissioner and members of the Compensation Tribunal. Section 3(a) states that the salary for the Commissioner before 31 December 1971 is set at $14,727 per year, while section 3(b) indicates that a Compensation Tribunal member appointed for at least one year receives $17,172 annually. Section 4(1) stipulates that a travelling allowance of $21 per day is payable to the Commissioner or a Tribunal member when they are away from Canberra or their headquarters overnight while performing duties, with this allowance being separate from the cost of conveyance. Additionally, section 5 provides that the Commissioner or a Tribunal member is entitled to other allowances, excluding travelling allowance, equivalent to those payable under the Public Service Regulations if they were Commonwealth Public Service officers in the Second Division. For duties performed outside Australia, section 6(1) ensures that the Commissioner or a Tribunal member receives allowances equivalent to those of a Second Division officer in the Commonwealth Public Service, while section 6(2) clarifies that no additional travelling allowance is payable under these regulations for periods covered by section 4(1).
The Regulations impose specific obligations on the Commonwealth to ensure that remuneration and allowances are paid in accordance with the stipulated amounts and conditions. The Commonwealth is required to pay the Commissioner and Compensation Tribunal members their specified annual salaries and allowances as outlined in the Regulations. This includes ensuring that the Commissioner and Tribunal members receive their travelling allowances when they are necessarily absent from Canberra or their headquarters overnight while performing their duties, as well as any other allowances that would be payable under the Public Service Regulations if they were Commonwealth Public Service officers in the Second Division. For duties performed outside Australia, the Commonwealth must provide allowances equivalent to those of Second Division officers in the Commonwealth Public Service, with the exclusion of additional travelling allowances when applicable.
There are no explicit provisions in the Compensation (Remuneration and Allowances) Regulations regarding offences, penalties, or civil/criminal consequences for breach of the Regulations. The Regulations focus on setting out the remuneration and allowances for the Commissioner and Compensation Tribunal members without detailing enforcement mechanisms or penalties for non-compliance. Therefore, any breaches of these provisions would likely be addressed through other legislative means or administrative processes rather than through the Regulations themselves.