STATUTORY RULES
1965 No. 185
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1964.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1964.
Dated this tenth day of December, 1965
Casey
Governor-General.
By His Excellency’s Command,
R. W. Swartz
Minister of State for Health.
Amendments of the National Health Regulations†
1. Regulation 22 of the National Health Regulations is repealed and the following regulation inserted in its stead:—
Definitions.
“22. In this Part—
‘Chairman’ in relation to a Committee, does not include a person elected to preside at a meeting of the Committee;
‘Committee’ means a Committee established under the Act.”.
Fees and allowances of members of Committees.
2.—(1.) Regulation 23 of the National Health Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) The Chairman or a member of a Committee who is necessarily absent from his home overnight in connexion with his attendance at a meeting of the Committee shall be paid a travelling allowance, in respect of his absence—
(a) where the period of absence is a complete day or longer—
(i) at the daily rate of Eight pounds ten shillings in the case of the Chairman, or Six pounds fifteen shillings in the case of a member other than the Chairman, for each complete day in the period of absence; and
(ii) at an hourly rate that is one twenty-fourth part of the daily rate set out in the last preceding sub-paragraph that is applicable in relation to him for each hour, or part of an hour, in the remainder (if any) of the period of absence; or
* Notified in the Commonwealth Gazette on 16 December, 1965
† Statutory Rules 1954, No. 35 as amended by Statutory Rules 1957, No. 71; 1958, No. 63; and 1962, Nos. 55, 70 and 113; and 1965 No. 17.
13372/65.—Price 6d. (5c) 9/1.11.1965
(b) where the period of absence is less than a complete day—at an hourly rate that is one twenty-fourth part of the daily rate set out in sub-paragraph (i) of the last preceding paragraph that is applicable in relation to him for each hour, or part of an hour, in the period of absence.”.
(2.) The amendment made by the last preceding sub-regulation does not apply in relation to a period of absence that commenced before the commencement of these Regulations.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1965 No. 185, made under the National Health Act 1953-1964, introduce amendments to the National Health Regulations. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were designed to address specific administrative and operational aspects of the National Health Act, ensuring that the health regulations are up-to-date and reflective of current administrative needs. The policy objective, as embedded in these regulations, is to streamline the administration and financial allowances for members of health-related committees, ensuring clarity and fairness in compensation for their services. These amendments particularly focus on the redefinition of terms and the adjustment of allowances for members of committees, aiming to rectify any potential ambiguities and to provide a clear framework for the reimbursement of expenses incurred during committee meetings.
Scope and Application
The Statutory Rules 1965 No. 185 amends the National Health Regulations under the National Health Act 1953-1964, primarily concerning the fees and allowances for members of Committees established under the Act. These regulations apply to individuals who serve as members or Chairman of these Committees, with specific provisions for those who must travel for Committee meetings. The allowances cover both full and partial overnight absences, with different rates for the Chairman and other members. Notably, the amendment regarding the allowances does not apply retroactively to periods before the commencement of these Regulations. The scope of these regulations is national, as they are promulgated under Commonwealth authority, and they affect entities and individuals involved in health-related committees across Australia. The legislation does not specify exclusions or exemptions, nor does it mention thresholds, but it does clarify that the amendment applies only to periods of absence that began after the Regulations took effect.
Key Provisions
The Statutory Rules 1965 No. 185, made under the National Health Act 1953-1964, primarily amend the National Health Regulations. Regulation 22 redefines certain terms, specifically clarifying that the term "Chairman" in relation to a Committee does not include a person elected to preside at a meeting of the Committee, and "Committee" means a Committee established under the Act. Furthermore, Regulation 23 revises the allowances for members of Committees who are necessarily absent from their homes overnight in connection with their attendance at Committee meetings. The amendment specifies that the Chairman or a member of a Committee should be paid a travelling allowance based on the duration of their absence, whether it be a complete day or a portion of a day.
These Regulations impose specific obligations on the parties involved. Firstly, they set out clear definitions to avoid any ambiguity in the interpretation of key terms within the context of the Act. Secondly, they detail the financial allowances for Committee members who must travel for official duties, ensuring that such members are appropriately compensated for their time and expenses incurred during official business. The Regulations also specify that the amended allowances do not retroactively apply to periods of absence that began before the Regulations came into effect.
In terms of consequences for non-compliance, the Regulations themselves do not explicitly outline offences or penalties. However, under the broader National Health Act 1953-1964, failure to adhere to the provisions of the Act and its regulations could potentially lead to legal action or administrative penalties. The Act provides a framework within which the Regulations operate, and any breaches of these Regulations could be addressed under the legislative powers granted by the Act. While the specific penalties are not detailed in these Regulations, they could range from fines to more severe administrative or legal consequences, depending on the nature and severity of the breach.