Public Service Regulations (Amendment)

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Statutory Rules

1975 No. 33

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1974.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1974, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this sixth day of March, 1975.

D. LINEHAN

Acting Chairman.

J. C. TAYLOR

Commissioner.

R. J. YOUNG

Deputy of a Commissioner.

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby approve the following Regulations.

Dated this sixth day of March, 1975.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

LIONEL BOWEN

Special Minister of State for and on behalf of the Prime Minister.

 

Amendments of the Public Service Regulations †

1. After regulation 97 of the Public Service Regulations the following regulation is inserted:—

Darwin allowance in respect of sub-standard accommodation.

“97aa. (1) Subject to the succeeding sub-regulations of this regulation, the Board may pay an allowance in accordance with this regulation to an officer in respect of any prescribed period, being a prescribed period that commences on or after 25 December 1974 and ends on or before 30 June 1975.

“(2) Allowance is payable under sub-regulation (1) at such rate, not exceeding $20 per week, as the Board determines in relation to an officer in respect of a prescribed period or part of a prescribed period.

 

* Notified in the Australian Government Gazette on 18 March 1975.

† Statutory Rules 1935. No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote to Statutory Rules 1975. No. 17 and see also Statutory Rules 1975, Nos. 17 and 18.

“(3) For the purposes of sub-regulation (1), a prescribed period, in relation to an officer, is a period of not less than 7 days’ duration in which the officer is—

(a) continuously in Darwin; and

(b) required, by reason of, or circumstances arising out of, damage to property caused by the cyclone known as ‘Tracey’, to occupy substandard accommodation in Darwin,

and in respect of no part of which he is entitled to travelling allowance under sub-regulation 75a (1).

“(4) For the purposes of sub-regulation (3), an officer shall be deemed to be continuously in Darwin during any period of absence from Darwin of less than 7 days’ duration, being a period that commences not less than 7 days after the commencement of a prescribed period in relation to the officer, and any entitlement of the officer to travelling allowance under sub-regulation 75a (1) in respect of that absence shall be disregarded.

“(5) In determining the rate at which allowance is payable under this regulation in relation to an officer in respect of a prescribed period or part of a prescribed period, the Board shall have regard to—

(a) the services (if any), including electricity, water and sewerage, connected to or available for use at the accommodation occupied by the officer;

(b) the number of persons (if any) with whom the officer is sharing that accommodation;

(c) the structural condition of that accommodation, including the existence or state of repair of any roofs, walls and floors; and

(d) the standard of accommodation occupied by the officer immediately before damage to property in Darwin was caused by the cyclone known as ‘Tracey’.

“(6) In this regulation, ‘officer’ includes employee.”.

2. After regulation 98ac of the Public Service Regulations. the following regulation is inserted:—

Travel in respect of duty in Darwin after cyclone.

“98ad. (1) Subject to sub-regulation (2), where an officer who is stationed in Darwin has continuously performed duties in Darwin for a period of 2 months, being a period that ends on or after 31 March 1975 and on or before 30 June 1975, the Chief Officer may—

(a) issue a warrant to the officer for first class return air travel by the officer and any dependants of the officer in Darwin from Darwin to—

(i) a mainland State capital; or

(ii) a place in Australia in which a dependant of the officer being a dependant who normally resides with the officer, is for the time being residing; or

(b) authorize payment to the officer of assistance for return travel by the officer and any dependants of the officer in Darwin from Darwin to a place outside Australia, or by surface travel to a place in Australia, being assistance equal to whichever of—

(i) the actual cost of the return travel by the officer and those dependants to that place; or

(ii) the cost of first class return air travel for the officer and those dependants to Adelaide,

is the less.

“(2) The Chief Officer may not, after 30 June 1975—

(a) issue a warrant; or

(b) authorize a payment,

under sub-regulation (1).

“(3) An officer who undertakes travel in respect of which the Chief Officer has issued a warrant, or authorized a payment, under sub-regulation (1), is entitled to a period of 1 day’s paid leave of absence in respect of each of—

(a) the journey of the officer to the place of destination; and

(b) the return journey of the officer from that place to Darwin.

“(4) In this regulation—

‘dependant’, relation to an officer, means—

(a) a dependant spouse;

(b) a dependant child, being a child who is under the age of 18 years or who is certified by a qualified medical practitioner to be permanently invalid;

‘officer’ includes employee.”.

Commencement.

3. The amendment effected by regulation 1 of these Regulations shall be deemed to have come into operation on 25 December 1974.

Overview

The Statutory Rules 1975 No. 33, enacted under the Public Service Act 1922-1974, were established to provide relief to officers affected by the cyclone known as 'Tracey' in Darwin. These regulations were introduced by the Public Service Board and approved by the Governor-General, acting on the advice of the Executive Council. The policy objective of these regulations was to address the immediate needs of public service officers who were displaced by the cyclone, ensuring they received adequate compensation and support for their accommodation and travel needs during and after the disaster. By providing financial assistance for substandard accommodation and facilitating travel for officers and their dependants, the regulations aimed to alleviate the hardships faced by those affected by the cyclone.

Scope and Application

The Public Service Regulations 1975, made under the authority of the Public Service Act 1922-1974, introduce specific provisions aimed at providing relief to officers in Darwin following the damage caused by Cyclone Tracey. The regulations apply to officers, including employees, who are required to occupy substandard accommodation in Darwin due to the cyclone's impact. The allowance and travel provisions outlined in these regulations are applicable to officers continuously in Darwin during the specified period from 25 December 1974 to 30 June 1975. The allowance is payable at a rate not exceeding $20 per week and is contingent on the officer being in Darwin for at least seven days and not being entitled to travelling allowance under another sub-regulation. Additionally, officers who have continuously performed duties in Darwin for two months ending between 31 March 1975 and 30 June 1975 may be granted travel warrants or travel assistance for themselves and their dependants, with provisions for paid leave for travel. The regulations explicitly state that no travel warrants or payments can be issued after 30 June 1975. These provisions are subject to the determination and approval by the Public Service Board and the Chief Officer, respectively.

Key Provisions

The Regulations under the Public Service Act 1922-1974 introduce two main provisions. Firstly, regulation 97aa allows the Public Service Board to pay an allowance of up to $20 per week to officers who are in Darwin and occupy substandard accommodation due to damage caused by Cyclone Tracey, provided they do not receive travel allowance for the same period (subsection 97aa(1) to (5)). Secondly, regulation 98ad allows the Chief Officer to issue a warrant for first class return air travel for officers who have continuously performed duties in Darwin for two months ending on or before 30 June 1975, and their dependants, to a mainland state capital, their usual residence, or outside Australia (subsection 98ad(1)). Alternatively, the Chief Officer can authorise payment of travel assistance equivalent to the lesser of the actual cost or the cost of first class return air travel to Adelaide (subsection 98ad(1)(b)). Officers who undertake such travel are entitled to one day’s paid leave for each journey (subsection 98ad(3)). The Regulations impose several obligations on the Public Service Board and the Chief Officer. The Board must determine the rate of allowance under regulation 97aa, taking into account factors such as the services available at the accommodation, the number of people sharing the accommodation, the structural condition of the accommodation, and the standard of accommodation before the cyclone (subsection 97aa(5)). The Chief Officer must issue a warrant or authorize payment for travel under regulation 98ad, but cannot do so after 30 June 1975 (subsection 98ad(2)). Officers who undertake travel under regulation 98ad are entitled to one day’s paid leave for each journey (subsection 98ad(3)). The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the provisions could potentially lead to legal action for breach of contract or administrative law remedies, such as judicial review or mandamus, if an officer believes their rights under the Regulations have been infringed. The maximum penalty for any potential offences would depend on the specific nature of the breach and the relevant legislation.

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