Hospitals and Health Services Commission Regulations

Legislation au C1974L00019 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 19

REGULATIONS UNDER THE HOSPITALS AND HEALTH SERVICES COMMISSION ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Hospitals and Health Services Commission Act 1973.

Dated this twentieth day of February, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. F. X. CONNOR

Minister for Minerals and Energy for and on behalf of the Minister of State for Health.

 

HOSPITALS AND HEALTH SERVICES COMMISSION REGULATIONS

Citation.

1. These Regulations may be cited as the Hospitals and Health Services Commission Regulations.

Remuneration and annual allowance of the Chairman.

2. In respect of any period of office before 1 January 1975, the rate of remuneration payable to the Chairman is $25,000 per year and the rate of annual allowance payable to the Chairman is $1,200 per year.

Remuneration of Commissioners other than Chairman.

3. In respect of any period of office before 1 January 1975, the rate of remuneration of a Commissioner, other than the Chairman, is—

(a) in the case of the Deputy Chairman—$18,995 per year; and

(b) in the case of a full-time Commissioner—$17,489 per year.

Travelling allowance of full-time Commissioners.

4. (1) Subject to regulation 7, where a full-time Commissioner is, in the course of performing his duties, necessarily absent overnight from the city in which he normally resides, travelling allowance is payable to him in accordance with this regulation.

(2) Subject to sub-regulation (3), travelling allowance in respect of the period of absence is payable—

(a) in the case of the Chairman—at the rate of $34 per day; and

(b) in the case of any other full-time Commissioner—at the rate of $28 per day.

 

* Notified in the Australian Government Gazette on 21 February 1974.


(3) Travelling allowance payable under this regulation is in addition to and does not include the cost of conveyance.

Other allowances payable to full-time Commissioners while serving in Australia.

5. Subject to regulation 7, a full-time Commissioner is entitled to be paid such allowances, other than travelling allowance, as would be payable to him under the Public Service Regulations in force from time to time, if he were an officer of the Australian Public Service and were included—

(a) in the case of the Chairman—in the First Division; and

(b) in the case of any other full-time Commissioner—in the Second Division.

Travelling allowance of part-time Commissioners and members of Committees.

6. (1) Subject to sub-regulation (2) where a part-time Commissioner or a member of a Committee is, in the course of performing his duties, necessarily absent overnight from the city in which he normally resides, travelling allowance is payable to him at the rate of $28 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.

7. (1) Where a Commissioner (whether full-time or part-time) or a member of a Committee performs duties outside Australia and the Territories of Australia, he is entitled to be paid such allowances as he would be entitled to be paid—

(a) in the case of the Chairman—if he were a Permanent Head of a Department and in receipt of salary equal to the salary payable to the Director-General of Health; and

(b) in the case of any other Commissioner or a member of a Committee—if he were an officer of the Australian Public Service and were included in the Second Division.

(2) A Commissioner or a member of a Committee who is entitled to be paid travelling allowance in respect of a period under sub-regulation (1) of this regulation is not entitled to be paid travelling allowance in respect of that period under regulation 4 or 6 as the case may be.

Remuneration of part-time Commissioner.

8. The fee payable to a part-time Commissioner in respect of a day on which he performs the duties of the office of part-time Commissioner (whether in attending a meeting of the Commission or being engaged (whether in Australia or overseas) with the approval of the Commission on business of the Commission, or both) is—

(a) if the period or periods during which he performs those duties is not more than 3 hours—$20; or

(b) if the period or periods during which he performs those duties is more than 3 hours—$35.

Remuneration of member of a Committee.

9. The fee payable to a member of a Committee in respect of a day on which he performs the duties of the office of member of a Committee (whether in attending a meeting of a Committee or being engaged (whether in Australia or overseas) with the approval of the Commission, on business of a Committee, or both) is—

(a) if the period or periods during which he performs those duties is not more than 3 hours—$20; or

(b) if the period or periods during which he performs those duties is more than 3 hours—$35.

Overview

The Hospitals and Health Services Commission Regulations 1974 were enacted to provide specific guidelines and remuneration structures for the members of the Hospitals and Health Services Commission under the Hospitals and Health Services Commission Act 1973. This piece of legislation was introduced to address the need for clear and defined compensation and allowances for individuals serving on the Commission and its committees, ensuring that they were adequately rewarded for their service. The Regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and notified in the Australian Government Gazette on 21 February 1974. The policy objective, as outlined in the text, is to establish a fair and consistent framework for the remuneration and allowances of the Chairman, Commissioners, and members of Committees, both full-time and part-time, while they are performing their duties.

Scope and Application

The Hospitals and Health Services Commission Regulations, made under the Hospitals and Health Services Commission Act 1973, pertain to the remuneration and allowances for the Chairman, Commissioners, and members of Committees within the Hospitals and Health Services Commission. These regulations apply specifically to the remuneration and allowances of the Chairman, Deputy Chairman, and full-time and part-time Commissioners, as well as members of Committees, who are performing their duties within or outside Australia. The regulations detail the rates of remuneration and allowances, including daily travelling allowances and other allowances payable when serving in Australia or overseas, with specific differentiation between full-time and part-time roles. The regulations cover allowances for travel and service outside Australia, setting out the conditions and rates for each scenario. Notably, these provisions apply to the period before 1 January 1975, and the allowances and fees are structured based on the duration and nature of the duties performed.

Key Provisions

The Hospitals and Health Services Commission Regulations (C1974L00019) outline the financial arrangements for various positions within the Hospitals and Health Services Commission established under the Hospitals and Health Services Commission Act 1973. Specifically, section 2 mandates that the Chairman of the Commission shall receive an annual remuneration of $25,000 and an annual allowance of $1,200. Section 3 further specifies the remuneration for other Commissioners: the Deputy Chairman is to be paid $18,995 per year, while full-time Commissioners receive $17,489 per year. Additionally, section 4 outlines that full-time Commissioners are eligible for a travelling allowance if they are absent overnight from their city of residence while performing their duties, with the Chairman receiving $34 per day and other full-time Commissioners receiving $28 per day. Section 5 states that full-time Commissioners are also entitled to other allowances while serving in Australia, equivalent to those payable under the Public Service Regulations for officers in the First and Second Divisions. The Regulations impose obligations on the Commission to ensure that appropriate remuneration and allowances are paid to its members. This includes the requirement to pay the specified rates of remuneration and allowances as outlined in the Regulations. For instance, the Commission must adhere to the rates set out in section 2 for the Chairman, section 3 for other Commissioners, and sections 4 to 6 for travelling and other allowances. Section 7 further mandates that Commissioners and Committee members performing duties outside Australia are entitled to allowances equivalent to those payable to Permanent Heads of Departments or officers in the Second Division of the Australian Public Service, as applicable. Part-time Commissioners and Committee members are subject to specific fee structures based on the duration of their duties, as delineated in sections 8 and 9. The Regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the specified remuneration and allowance provisions could potentially lead to legal challenges or administrative penalties under the broader Hospitals and Health Services Commission Act 1973 or other relevant Australian laws. For example, failure to pay the correct remuneration or allowances might result in disputes or claims for underpayment, which could be addressed through the courts or administrative tribunals.

Legal classification tags

Area of Law
Public Service & Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Remuneration and Allowances
Travelling Allowance
Allowances for Overseas Service
Remuneration for Part-time Positions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.