Conciliation and Arbitration Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1920, No. 99, represent a regulation enacted under the Commonwealth Conciliation and Arbitration Act 1904-1918. This regulation, made by the Governor-General in accordance with the advice of the Federal Executive Council, aims to address specific administrative and procedural aspects within the conciliation and arbitration framework. The problem it was introduced to address includes the need to clarify and formalise the financial reimbursement for travel expenses incurred by the President or an Associate of the Commonwealth Court of Conciliation and Arbitration when travelling alone to discharge their duties. The policy objective is to ensure that these officials are adequately compensated for their travel expenses, thereby facilitating the effective discharge of their roles without financial burden. This regulation was enacted by the Governor-General, acting on the advice of the Federal Executive Council, and is intended to come into immediate operation. It specifically amends Regulation 3 of the Conciliation and Arbitration Regulations 1913 to include a proviso regarding the reimbursement of travel expenses for the President or an Associate, reflecting the need for clear guidelines on financial support for their duties.

Scope and Application

The Statutory Rules 1920, No. 99, made under the Commonwealth Conciliation and Arbitration Act 1904-1918, focus on the amendment of the Conciliation and Arbitration Regulations 1913. These regulations pertain to the reimbursement of expenses incurred by the President or his Associate while travelling alone on official duties. Specifically, Regulation 3 is amended to include a proviso that allows for the payment of lesser sums, in addition to conveyance fares, for travel expenses as certified by the President or the Associate. This regulation applies to the President and his Associate, ensuring that they receive adequate reimbursement for expenses incurred during the discharge of their duties. The application of these regulations is national in scope, encompassing all Presidents and Associates operating under the purview of the Commonwealth Conciliation and Arbitration Act. No explicit exclusions, exemptions, or thresholds are mentioned within this particular regulation, and it is effective immediately upon its publication. The regulation does not extend its application through subordinate instruments in this instance but operates as a direct amendment to the existing Conciliation and Arbitration Regulations 1913.

Key Provisions

The Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1918, as amended by Statutory Rules 1920 No. 99, introduce specific provisions regarding the payment of travel expenses for the President or an Associate when they are travelling alone to discharge their duties. According to Regulation 3, as amended, if the President or an Associate is travelling alone for official duties, they are entitled to receive compensation for their travel expenses (Reg. 3). This compensation is to be in addition to the fare for conveyance and is to be determined by a certificate from the President or Associate detailing the actual expenses incurred (Reg. 3 proviso). The Act imposes several obligations on the parties involved. Primarily, the President or an Associate must provide a certified statement of their actual travel expenses when claiming reimbursement (Reg. 3 proviso). This requirement ensures that the compensation provided is accurate and reflects the true cost incurred during the travel. Furthermore, the regulation clarifies that the amount paid should be less than what would typically be provided if they were not travelling alone, reflecting a reduced level of accommodation or other expenses. Breach of the regulations, particularly in terms of providing false or misleading information in the certified statement of expenses, could result in legal consequences. Although the specific offences and penalties are not detailed within the regulation itself, it can be inferred that providing inaccurate information could lead to legal scrutiny or administrative penalties under the broader framework of the Commonwealth Conciliation and Arbitration Act. The maximum penalties for such breaches would be determined by the overarching legislation and relevant legal interpretations.