Statutory Rules
1975 No. 23
REGULATIONS UNDER THE HOMELESS PERSONS ASSISTANCE ACT 1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Homeless Persons Assistance Act 1974.
Dated this nineteenth day of February, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
W. G. HAYDEN
Minister of State for Social Security.
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HOMELESS PERSONS ASSISTANCE REGULATIONS
Citation.
1. These Regulations may be cited as the Homeless Persons Assistance Regulations.
Commencement.
2. These Regulations shall be deemed to have come into operation on 13 December 1974.
Definition.
3. In these Regulations, “ Act ” means the Homeless Persons Assistance Act 1974.
Rate for purposes of sub-section 9 (1) of Act.
4. For the purposes of sub-section 9(1) of the Act, in respect of a day on which food and accommodation are provided for homeless persons at a homeless persons assistance centre operated by or on behalf of an eligible organization, the rate is 75 cents for each homeless person to whom food and accommodation are so provided on that day.
Rate for purposes of sub-section 10 (1) of Act.
5. For the purposes of sub-section 10 (1) of the Act, in respect of a day on which meals are provided for homeless persons at a homeless persons assistance centre operated by or on behalf of an eligible organization, the rate is 20 cents for each meal provided on that day to a homeless person for whom that organization does not provide accommodation on that day.
Remuneration of member of committee.
6. Remuneration is payable to a member of a committee at the rate of $35 in respect of each day on which he performs the duties of his office.
* Notified in the Australian Government Gazette on 20 February 1975.
Travelling allowance of member of committee.
7. (1) Where a member of a committee is, in the course of performing the duties of his office, necessarily absent overnight from the city in which he ordinarily resides, travelling allowance is payable to him in respect of the period of his absence.
(2) Travelling allowance is payable under sub-regulation (1) at the rate of $25 per day.
(3) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Overview
The Homeless Persons Assistance Regulations, established under the Homeless Persons Assistance Act 1974, were introduced to provide a regulatory framework for the assistance provided to homeless individuals in Australia. These regulations were enacted by the Governor-General, John R. Kerr, with the advice of the Executive Council, and were designed to fill a critical gap in the support system for homeless persons by setting forth specific financial rates and allowances for the services provided by eligible organisations. The policy objective is to ensure a structured and consistent approach to the provision of essential services such as food, accommodation, and meals to homeless individuals through regulated rates and allowances.
These regulations, commencing on 13 December 1974, define the financial parameters for services rendered at homeless assistance centres, including the rates per homeless person for food and accommodation and the cost per meal provided. Furthermore, they outline the remuneration and travel allowances for committee members who oversee the implementation of these services. The Homeless Persons Assistance Regulations thus provide a structured financial framework to support the broader objectives of the Homeless Persons Assistance Act.
Scope and Application
The Homeless Persons Assistance Regulations 1975 are subordinate legislation designed to provide detailed provisions and rates under the Homeless Persons Assistance Act 1974. These Regulations apply to homeless persons who receive assistance from homeless persons assistance centres, which are typically operated by or on behalf of eligible organisations. The Act and its Regulations cover individuals who are homeless and require assistance, encompassing their access to food, accommodation, and meals at these centres. The scope of the legislation extends to eligible organisations providing such services and the members of committees who oversee the operations of these centres. The application of these Regulations is nationwide, following the jurisdictional reach of the Commonwealth of Australia. Notably, these Regulations do not specify any exclusions or thresholds explicitly, but they do set specific rates for the provision of food, accommodation, and meals, as well as remuneration and travel allowances for committee members. The Regulations extend the application of the Act by providing specific financial rates and allowances necessary for the effective administration of assistance to homeless persons.
Key Provisions
The Homeless Persons Assistance Regulations, as enacted under the Homeless Persons Assistance Act 1974, establish several key provisions to facilitate the provision of assistance to homeless persons. The rate for providing food and accommodation to homeless persons at a homeless persons assistance centre is set at 75 cents per homeless person per day (Reg. 4). Similarly, the rate for providing meals to homeless persons at these centres, where accommodation is not provided, is 20 cents per meal per person per day (Reg. 5). These rates are crucial for determining the financial assistance provided by the government to eligible organisations operating these centres.
The Regulations also outline the remuneration and allowances for committee members involved in overseeing the operations of these assistance centres. Each member of a committee is entitled to $35 per day for performing their duties (Reg. 6). Additionally, if a committee member is required to travel for their duties and must stay overnight away from their usual place of residence, they are eligible for a travelling allowance of $25 per day (Reg. 7). This allowance is intended to cover the additional costs incurred due to the travel and is separate from the cost of conveyance.
Breaches of these regulations may have legal consequences, though the specific offences, penalties, or consequences are not detailed within the text provided. However, given the nature of statutory regulations, any failure to comply with the prescribed rates, remuneration, or allowances could potentially lead to civil or administrative penalties as stipulated by the overarching Act or other relevant legislation. The exact penalties would depend on the specific nature of the breach and the enforcement actions taken by the relevant authorities.