Law Reform Commission (Allowances) Regulations

Overview

The Law Reform Commission (Allowances) Regulations were enacted in 1979 to address the need for equitable allowance provisions for members of the Law Reform Commission, aligning their entitlements with those of officers in the Australian Public Service. The Regulations were established under the Law Reform Commission Act 1973 by the Governor-General, acting on the advice of the Federal Executive Council, to ensure that members of the Commission who are required to take up residence at a new location for the performance of their duties are entitled to allowances comparable to those provided to officers in the Australian Public Service. The policy objective is to provide appropriate and consistent allowances to full-time members of the Commission, thereby maintaining fairness and recognising the nature of their duties.

Scope and Application

The Law Reform Commission (Allowances) Regulations 1979, made under the Law Reform Commission Act 1973, establish allowances for members of the Law Reform Commission who are appointed on a full-time basis. These regulations apply to individuals who are appointed as full-time members and who are required to take up their duties at a place other than where they were residing at the time of their appointment. The allowances payable to these relevant members are determined in accordance with the Public Service Regulations as amended, and are subject to any determinations made by the Remuneration Tribunals under the Remuneration Tribunals Act 1973. The allowances are intended to mirror those payable to officers of the Australian Public Service. The Minister is responsible for performing any functions related to the payment of these allowances that would otherwise be performed by the Public Service Board or a Chief Officer of a Department. These regulations are applicable across the Commonwealth of Australia and do not contain specific exclusions, exemptions, or thresholds beyond what is provided within the regulations themselves. The application of these regulations may be extended or restricted through subordinate instruments, though the primary scope is defined within the regulations.

Key Provisions

The Law Reform Commission (Allowances) Regulations, which are subordinate legislation under the Law Reform Commission Act 1973, establish the allowances that are payable to certain members of the Law Reform Commission. According to regulation 2(1), a relevant member, defined as a full-time member who is required to take up residence at a place other than where they resided at the time of their appointment, is entitled to allowances equivalent to those payable to an officer of the Australian Public Service under certain regulations of the Public Service Regulations. Furthermore, regulation 3 states that a full-time member is entitled to allowances equivalent to those payable to an officer of the Australian Public Service under other specified regulations of the Public Service Regulations. These Regulations impose specific obligations on the Minister, who is tasked with performing any functions related to the payment of allowances to members of the Law Reform Commission that would otherwise be performed by the Public Service Board or a Chief Officer of a Department. This shift in responsibility ensures that the Minister oversees the payment of allowances to the Commission’s members, aligning these payments with those of Australian Public Service officers. Breaches of these Regulations may result in civil or criminal consequences, although the specific penalties are not detailed within the text of these Regulations. However, given the context of the Law Reform Commission Act 1973 and related legislation, penalties for non-compliance could potentially include fines or other legal actions as prescribed by the relevant laws. The exact nature and severity of penalties would be determined in accordance with the broader legislative framework governing the Law Reform Commission and its operations.