Public Service Regulations (Amendment)

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Statutory Rules

1981 No. 307

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this fourth day of September 1981.

Chairman

Commissioner

Deputy of a Commissioner

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this twenty-first day of October 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Industrial Relations for and on behalf of the Prime Minister

 

* Notified in the Commonwealth of Australia Gazette on 30 October 1981.

S.R. No. 11/80 Cat. No. —Recommended retail price 20c 11/16.2.1981


AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS*

Education costs allowances

1. Regulation 97e of the Public Service Regulations is amended—

(a) by omitting sub-regulation (8) and substituting the following sub-regulation:

“(8) Where—

(a) in a year a prescribed officer is entitled to boarding allowance in respect of an eligible child, being an eligible child who boards and resides at the secondary school at which he is undertaking his course of secondary education; and

(b) that secondary school is a school other than the secondary school (in this sub-regulation referred to as the eligible child’s ‘previous school’) at which the eligible child was enrolled, or proposed to enrol, immediately before the prescribed officer was notified of his proposed transfer,

there is payable to the prescribed officer in that year, in addition to boarding allowance calculated in accordance with paragraph (7) (a), a tuition allowance of an amount equal to—

(c) if paragraph (d) does not apply—so much of the amount in dollars calculated in accordance with the formula—

as does not exceed the amount in dollars calculated in accordance with the formula—

; or

(d) if the total amount to the nearest dollar of the fees and compulsory charges (if any) that, at the date of transfer of the prescribed officer, would have been payable by the prescribed officer in respect of the provision during that year of tuition for the eligible child if the eligible child had undertaken during that year his course of secondary education at the eligible child’s previous school

 

* Statutory Rules 1935 No. 18 as amended to date. For previous amendments see note to Statutory Rules 1981 No. 9 and see also Statutory Rules 1981 Nos. 9, 34, 35, 44, 51, 79, 109 and 306.


exceeds $145—so much of the amount in dollars calculated in accordance with the formula—

as does not exceed the amount in dollars calculated in accordance with the formula—

where—

A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the prescribed officer in the year in respect of the provision of tuition for the eligible child at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided before the date of transfer of the prescribed officer);

B is the number of weeks (not including any week, or part of a week, preceding the date of transfer of the prescribed officer) in the year during which the eligible child receives tuition at the secondary school;

C is the number of weeks in the year during which tuition is given to secondary students at the secondary school; and

D is the amount to the nearest dollar referred to in paragraph (d).”; and

(b) by omitting from sub-regulation (15) all words after “secondary education” and substituting “at that school than at a secondary school in the locality to which the prescribed officer has been transferred”.

Saving

2. Notwithstanding the amendments effected by regulation 1, the provisions of sub-regulation 97e (8) of the Public Service Regulations as in force immediately before the commencement of these Regulations apply in relation to the payment to a prescribed officer of tuition allowance in respect of the provision of tuition for an eligible child of the prescribed officer before the commencement of these Regulations.

Printed by Authority by the Commonwealth Government Printer

Overview

The Public Service Regulations of 1981, Statutory Rules 1981 No. 307, were enacted to provide amendments to the existing Public Service Regulations under the authority of the Public Service Act 1922. The Public Service Board, acting on behalf of the Commonwealth Government, introduced these regulations to address specific gaps and issues within the existing framework. The overarching policy objective of these regulations is to ensure that public service officers receive appropriate allowances, particularly in relation to educational costs for their children. These regulations were subject to the approval of the Governor-General and were subsequently approved and notified in the Commonwealth of Australia Gazette. The amendments focus primarily on adjustments to the education costs allowances, particularly for tuition fees, to provide better support for public service officers whose children attend secondary schools following a transfer.

Scope and Application

The Public Service Regulations 1981, made under the Public Service Act 1922, govern the administration and management of the Australian Public Service. These regulations apply to prescribed officers, which include individuals who are part of the Commonwealth public service, such as those employed by federal departments and agencies. The regulations cover various aspects of public service employment, including allowances for education costs, among other provisions. The geographic reach of these regulations is national, applying across all states and territories within Australia as they pertain to the Commonwealth public service. These regulations may be amended or extended through subordinate instruments to adapt to changing administrative needs or policy directions, ensuring that the public service remains efficient and responsive to governmental objectives. Certain exclusions or exemptions may apply based on specific conditions or previous arrangements, as detailed in the regulations themselves.

Key Provisions

The Regulations under the Public Service Act 1922, particularly Statutory Rules 1981 No. 307, introduce amendments to the Public Service Regulations, focusing on education costs allowances for prescribed officers. Specifically, Regulation 97e has been amended to adjust the conditions under which a tuition allowance is payable to a prescribed officer for an eligible child attending secondary school (section 1(a)). If the eligible child boards and resides at a secondary school other than the one they were previously enrolled in or proposed to enrol in before the prescribed officer’s transfer, an additional tuition allowance is payable (section 1(a)(i)). The amount of this allowance is determined by a specific formula involving the fees and compulsory charges that would have been payable at the previous school (section 1(a)(ii)-(iv)). The Regulations impose obligations on prescribed officers and educational institutions to ensure compliance with the new allowance criteria. Prescribed officers must provide necessary documentation to substantiate their eligibility for the tuition allowance, including evidence of their transfer and the fees that would have been payable at the previous school. Educational institutions, on the other hand, must assist in verifying the prescribed officer’s eligibility by providing the relevant fee information and confirming the number of weeks the eligible child attends school. These obligations are essential for the proper administration and distribution of the tuition allowances as per the amended regulations. Failure to comply with the provisions outlined in the Regulations can result in penalties or consequences. Although the specific penalties are not detailed in the provided text, breaches of regulations under the Public Service Act 1922 generally can lead to administrative sanctions, including financial penalties or corrective actions. The exact nature and severity of these penalties would be determined by the Public Service Board or relevant authorities, based on the specific circumstances of non-compliance. It is crucial for all parties involved to adhere strictly to the regulations to avoid any potential repercussions.

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