EXPLANATORY STATEMENT
Statutory Rules 1985 No 385
NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION (ALLOWANCES) REGULATIONS
(Issued by the authority of the Minister for Employment and Industrial Relations)
The regulations are designed to enable the payment of travelling allowance to be made to part-time members of the Commission, members of the Executive, committees and working parties pursuant to sections 18 and 28 of the National Occupational Health and Safety Commission Act 1985 (the Act) and to provide for the remuneration and allowances of the Chairperson pursuant to section 17 of the Act.
The regulations are as follows:
• regulation 1 sets out the citation of the Regulations
• regulation 2 sets out definitions of significant words or phrases used in the regulations, namely “committee”, “the Act” and “working party”
• regulation 3 prescribes the rate of travelling allowance payable to a part-time member of the Commission, a member of the Executive, a member of a committee or a member of a working party.
A part-time member of the Commission, a member of the Executive, a member of a committee and a member of a working party who is in a category already mentioned shall be paid travelling allowance at the same rate as if that person were a member of the Senior Executive Service. A member of a working party who is not a member of the Commission, a member of the Executive nor a member of a committee is to be paid travelling allowance at the same rate as a person who is a member of the Public Service and is not a Secretary of a Department or a member of the Senior Executive Service.
The regulations do not apply to members of Commonwealth or State Parliaments or candidates for membership. The Act provides that such persons shall be reimbursed such expenses as are reasonably incurred in attendance at meetings and conducting business of the Commission.
The regulations also do not apply to an officer or employee within the meaning of the Public Service Act 1922 or a person employed by an authority of the Commonwealth. Such persons shall be paid travelling allowance under the relevant statute governing their terms and conditions of employment.
regulation 4 prescribes that the remuneration and allowances of the Chairperson shall be the remuneration and allowances payable to a Level 6 officer in the Senior Executive Service of the Australian Public Service.