National Occupational Health and Safety Commission (Allowances) Regulations

Overview

The National Occupational Health and Safety Commission (Allowances) Regulations 1992 were enacted under the authority of the Minister for Industrial Relations to implement provisions of the National Occupational Health and Safety Commission Act 1985. This Act established the National Occupational Health and Safety Commission (the Commission) and its various components, including the Executive, committees, and working parties. The Regulations address the need to standardise and update the allowances for expenses incurred by the members of the Commission and its associated bodies, ensuring that the allowances align with the Commission's policy on travelling allowances. The 1992 Regulations replaced the original 1985 Regulations to reflect the current policy that the SES rate of travelling allowance should only be paid to members of the Commission and the Executive, while other members should receive the non-SES rate. This change ensures clarity and consistency in the allowances provided, streamlining the process and avoiding potential confusion or discrepancies in reimbursement.

Scope and Application

The National Occupational Health and Safety Commission (Allowances) Regulations 1992 governs the payment of travelling allowances to members of the National Occupational Health and Safety Commission (NOHSC) and its associated bodies, namely the Executive, committees, and working parties. These regulations apply to the Chairperson, Chief Executive Officer, and other members of the Commission, including their alternates, as well as members of the Executive and committees of the Commission. Notably, these regulations do not apply to members of the Commonwealth, State or Territory Parliaments or officers of the Commonwealth or a Commonwealth authority. The Regulations establish a two-tiered system for allowances, where members of the Commission and the Executive are entitled to allowances at the SES rate, while other members are entitled to allowances at the non-SES rate. The Regulations were designed to align with the Commission's policy on travelling allowances and to replace the previous regulations that had been in place since 1985.

Key Provisions

The National Occupational Health and Safety Commission (Allowances) Regulations 1992 (the Regulations) establish the allowances for expenses incurred by members of the National Occupational Health and Safety Commission (the Commission), its Executive, committees, and working parties. The regulations are made pursuant to section 67 of the National Occupational Health and Safety Commission Act 1985 (the Act), which allows the Governor-General to make regulations for the purposes of the Act. Regulation 3 sets out the allowances. Regulation 3(1) provides that members of the Commission attending to business of the Commission, the Executive, committees, and working parties are to be paid a travelling allowance at the rate paid to Senior Executive Service (SES) public service officers. This rate applies to members of the Commission and the Executive, and it is not necessary to prescribe a separate allowance for the Executive as they are already included in the broader category of Commission members. Regulation 3(2) prescribes a lower rate of travelling allowance for members of working parties and committees who are not also members of the Commission. This allowance is set at the rate payable to non-SES officers of the public service. Regulation 3(3) states that an alternate to a member of the Commission, while attending a meeting of the Commission as an alternate to a member, is to be paid a travelling allowance at the SES rate. Finally, regulation 3(4) clarifies that the allowances outlined in subregulations 3(1) and 3(2) do not apply to members of the Commonwealth, State, or Territory Parliaments, or to officers of the Commonwealth or a Commonwealth authority. The Regulations impose specific obligations on the parties they govern. Members of the Commission and the Executive, as well as alternates to Commission members, must adhere to the prescribed SES rate of travelling allowance when attending Commission, Executive, committee, or working party business. Members of working parties and committees who are not members of the Commission are to be paid the non-SES rate of travelling allowance. These allowances are intended to cover the expenses incurred by these individuals while performing their duties for the Commission. Furthermore, the Regulations clarify that members of the Commonwealth, State, or Territory Parliaments, or officers of the Commonwealth or a Commonwealth authority, are not covered by these provisions and are not entitled to the allowances set out in the Regulations. The Act and the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the prescribed allowances could potentially lead to financial discrepancies and disputes over reimbursement of expenses. Such non-compliance might attract scrutiny from relevant oversight bodies and could result in administrative actions to rectify the situation, ensuring that members are reimbursed in accordance with the Regulations. It is important for members and their employers to ensure adherence to these provisions to avoid any potential issues related to improper reimbursement of expenses.