National Occupational Health and Safety Commission (Allowances) Regulations

Overview

The National Occupational Health and Safety Commission (Allowances) Regulations 1985 were enacted to provide a framework for the payment of allowances to part-time members of the National Occupational Health and Safety Commission, members of the Executive, committees, and working parties. These regulations were introduced to address the need for standardised allowances to ensure fair and consistent compensation for the services rendered by these individuals. The regulations are made under the authority of the Minister for Employment and Industrial Relations and are designed to complement the provisions of the National Occupational Health and Safety Commission Act 1985. The policy objective is to ensure that individuals involved in the Commission's work receive appropriate allowances, aligning their compensation with the rates applicable to the Senior Executive Service or the Public Service, as appropriate, while excluding certain categories of personnel who are governed by other statutes.

Scope and Application

The National Occupational Health and Safety Commission (Allowances) Regulations 1995 applies to part-time members of the Commission, members of the Executive, committees, and working parties, providing guidelines for the payment of travelling allowances and remuneration of the Chairperson under the National Occupational Health and Safety Commission Act 1985. These regulations establish the rates of travelling allowance for the mentioned categories of members, aligning them with the rates for the Senior Executive Service or Public Service, as applicable. The scope of the Act extends across the Commonwealth, ensuring that it applies uniformly to all eligible members irrespective of their location within Australia. However, it explicitly excludes members of Commonwealth or State Parliaments, candidates for parliamentary membership, officers or employees under the Public Service Act 1922, and those employed by a Commonwealth authority, as these individuals are governed by different statutes for their allowances and remuneration. The regulations further clarify that they do not apply to persons who fall under the purview of other employment statutes, ensuring that the allowances and remunerations are paid according to the specific provisions of their respective employment acts. This regulation is a subordinate instrument that complements the overarching provisions of the National Occupational Health and Safety Commission Act 1985, ensuring that the allowances and remunerations are set and administered in a consistent and equitable manner.

Key Provisions

The National Occupational Health and Safety Commission (Allowances) Regulations (2004) (the Regulations) provide specific provisions for the payment of travelling allowances and the remuneration of certain officials within the National Occupational Health and Safety Commission (NOHSC) framework, as outlined in sections 18 and 28 of the National Occupational Health and Safety Commission Act 1985 (the Act). Regulation 3 specifies the rates of travelling allowance for part-time members of the Commission, members of the Executive, members of committees, and members of working parties. These allowances are to be paid at the same rate as if the individuals were members of the Senior Executive Service (SES). For members of working parties who do not fall into the aforementioned categories, the allowance is set at the same rate as a person in the Public Service who is neither a Secretary of a Department nor a member of the SES. The Regulations impose certain obligations on the NOHSC to ensure that appropriate allowances are paid to eligible members. For example, Regulation 3 mandates that the NOHSC must pay the prescribed rates of allowance to the specified categories of members. Similarly, Regulation 4 requires that the Chairperson's remuneration and allowances must be in line with those payable to a Level 6 officer in the SES of the Australian Public Service. These obligations are designed to ensure consistency and fairness in the compensation provided to officials involved in the NOHSC's work. Failure to comply with the provisions of these Regulations may result in legal consequences, though the specific Regulations do not outline offences or penalties. However, breaches of the Act or associated regulations could potentially lead to civil or administrative penalties. For example, if the NOHSC fails to pay the prescribed allowances, it could face claims from the affected members or directives from a court or administrative tribunal to rectify the non-compliance. It is important for the NOHSC to adhere strictly to these Regulations to avoid any potential legal repercussions.