Public Service Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 263, under the Public Service Act 1922, were enacted to amend the Public Service Regulations and address specific administrative gaps within the public service framework. These amendments were introduced by the Public Service Board, subject to the approval of the Governor-General, and came into effect on 5 December 1979. The policy objective of these regulations is to ensure equitable reimbursement of travel costs for public service officers and their dependants, and to adjust district allowance rates based on the residency status of dependants. The transitional provisions allow for a smooth implementation of these changes, ensuring that officers who were in service prior to the enactment of these regulations are not adversely affected by the amendments.

Scope and Application

The Public Service Regulations 1979, as amended, apply to officers within the Australian Public Service (APS) and their dependants, particularly focusing on reimbursement of travel fares and district allowances. These Regulations affect all officers across various grades, with specific provisions for those who have dependants residing with them at their station. The application of these Regulations is national in scope, as they are made under the authority of the Commonwealth via the Public Service Act 1922. The Regulations modify existing provisions to ensure that officers whose dependants reside with them receive appropriate reimbursement for travel fares and district allowances, with transitional provisions safeguarding the entitlements of officers in place before the amendments. Notably, the Regulations do not explicitly state exclusions, but the application of allowances and reimbursements is contingent on the specific conditions outlined, such as the residency of dependants and the grade of the officer. The Regulations also provide for the continuation of existing rates for a transitional period to protect officers from reduced entitlements during the period of change.

Key Provisions

The Public Service Regulations 1979 (Regulations) made under the Public Service Act 1922 (Act) include several key amendments primarily targeting reimbursement of fares for remote district officers and adjustments to district allowance rates and conditions. Specifically, Regulation 1 amends Regulation 98 of the Public Service Regulations to adjust the reimbursement of return fares for officers and their dependants. According to Regulation 1(2), an officer whose dependants reside with him at his station can now be granted reimbursement for the cost of return fares for his dependants between his station and the nearest capital city or destination of lesser distance, provided this cost exceeds $10. Regulation 1(3) and (4) adjust the terminology from "married officer" and "unmarried officer" to "officer who has dependants" and "officer who does not have dependants," respectively. Regulation 1(5) updates the reference from "wife and children" to "dependants." These Regulations impose specific obligations on officers to provide evidence of the cost of return fares incurred for their dependants and on the Public Service Board to review and approve such reimbursement claims. Regulation 2 provides a transitional measure for officers who were in service before the commencement of these Regulations, ensuring they are entitled to the higher reimbursement rate for travel undertaken by their dependants between the date of commencement and 31 March 1982. Regulation 3 modifies Regulation 101 of the Public Service Regulations, updating the rates and conditions for district allowances based on the grade of locality and whether the officer has dependants. The new rates are specified in a table within Regulation 3(1). Regulation 3(2) clarifies that an officer with dependants can only receive the higher district allowance if their dependants reside with them in the locality where the allowance is payable. Regulation 4 provides a transitional arrangement for officers who were in service before the commencement of these Regulations, ensuring they receive the higher district allowance rate if they would otherwise be entitled to a lower rate under the amended Regulations until they either cease to be entitled to district allowance or become entitled to a higher rate under the amended Regulations. The Regulations do not explicitly outline specific offences, penalties, or consequences for breach. However, any non-compliance with the reimbursement and district allowance provisions could potentially lead to disciplinary actions under the Public Service Act 1922, including termination of employment, depending on the severity and nature of the breach. It is important for officers and the Public Service Board to adhere to these provisions to avoid any adverse outcomes.