STATUTORY RULES.
1942. No. 18.
REGULATION UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904–1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Conciliation and Arbitration Act 1904–1934.
Dated this fourteenth day of January, 1943
Governor-General.
By His Excellency’s Command.
Attorney-General.
Amendment of Conciliation and Arbitration Regulations.†
1. Regulation 4 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—
Travelling expenses of Judges.
“4. There shall be payable to each Judge of the Court, on account of his expenses in travelling, on or after the first day of November, 1942, in the discharge of the duties of his office away from the City where the Principal Registry is situated, such sums as the Judge certifies under his hand to have been actually expended, subject to the following conditions:—
(a) When accompanied by his Associate, the rate of payment shall not exceed the rate of Four pounds and four shillings per day (exclusive of fares for conveyance);
(b) When not accompanied by his Associate, the rate of payment shall not exceed the rate of Three pounds and three shillings per day; and
(c) When travelling by steamer or by railway, the fare in respect of which includes subsistence, the rate of payment shall not exceed one quarter of the rate specified in condition (a) or (b), as the case may be:
Provided that the Attorney-General may, for the purposes of this regulation, substitute, in the case of any particular Judge, any other city for the city where the Principal Registry is situated.”.
* Notified in the Commonwealth Gazette on December, 1942.
† Statutory Rules 1928, No. 81, as amended by Statutory Rules 1929, No. 28; 1930, Nos. 97 and 101; 1931, No. 118; 1938, No. 88; 1939, No. 63; and 1940, No. 92.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Commonwealth Conciliation and Arbitration Act 1904–1934 was enacted to provide a framework for resolving industrial disputes through conciliation and arbitration. The act aimed to address the problem of industrial unrest and to promote fair and efficient methods of resolving disputes between employers and employees. The 1942 Statutory Rules, specifically No. 18, were made under this act to amend the Conciliation and Arbitration Regulations, focusing on the travelling expenses of Judges in the discharge of their duties. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was designed to ensure that Judges are appropriately reimbursed for travel expenses incurred in the course of their official duties. The policy objective of these regulations was to maintain the integrity and efficiency of the arbitration process by providing clear guidelines for reimbursing Judges' travel expenses.
Scope and Application
The Statutory Rules 1942, No. 18, made under the Commonwealth Conciliation and Arbitration Act 1904–1934, introduce amendments to the Conciliation and Arbitration Regulations, specifically concerning the travelling expenses of Judges. This regulation applies to Judges of the Court who incur expenses while travelling for their duties away from the city where the Principal Registry is situated. The expenses are limited to the rates specified in the regulation, which vary depending on whether the Judge is accompanied by an Associate and the mode of travel. The regulation allows for flexibility through the Attorney-General's ability to substitute another city for the principal registry city in specific cases. These provisions are in effect from the first day of November, 1942, and are subject to the certification of expenses by the Judge under his hand.
Key Provisions
The principal operative section of this regulation, Regulation 4, outlines the new provisions for the payment of travelling expenses of Judges of the Court, effective from the first day of November 1942 (1(a)). This regulation specifies the conditions under which these expenses are payable. When a Judge travels with their Associate, the daily rate for expenses is capped at Four pounds and four shillings, excluding fares for conveyance (1(a)). If the Judge is unaccompanied by their Associate, the daily rate is reduced to Three pounds and three shillings (1(b)). Furthermore, if the Judge travels by steamer or railway, the fare of which includes subsistence, the rate of payment is limited to one quarter of the specified rates in conditions (a) or (b), respectively (1(c)). The Attorney-General retains the discretion to substitute another city for the one where the Principal Registry is situated for the purpose of this regulation (1(d)).
The Act imposes specific obligations on the Judges to certify under their hand the sums they have actually expended on travel, ensuring that these expenses do not exceed the prescribed rates (1(a)–(c)). This certification process is crucial to maintain transparency and accountability in the expenses claimed by the Judges. Additionally, the regulation underscores the importance of adherence to the prescribed daily rates to avoid overclaiming and to ensure that the expenses are reasonable and proportionate to the travel undertaken in the discharge of their duties.
Failure to comply with the prescribed rates for travel expenses may lead to various consequences. While the regulation does not explicitly state any specific offences or penalties for breaches, it is implicit that non-compliance with the set rates could result in scrutiny, possible audits, and the disallowance of excessive claims. Judges are expected to adhere strictly to the conditions outlined to avoid any potential repercussions related to the mismanagement of travel expenses. In broader legal contexts, such breaches could also invite civil or criminal liabilities depending on the nature and extent of the non-compliance.