Public Service Regulations (Amendment)

Overview

The Statutory Rules 1962, No. 21, titled "Regulation Under the Public Service Act 1922-1960", was enacted to address the need for formalised provisions regarding the payment of removal expenses for Commonwealth officers upon their death or retirement. This legislative instrument was created by the Public Service Board and approved by the Governor-General, reflecting the intent to provide a structured approach for the reimbursement of relocation costs for officers and their families. The regulation was designed to consider various factors, such as the nature of the locality, the duration of residence, and the circumstances of the officer's appointment or transfer, in determining the appropriateness and extent of financial assistance for relocation expenses.

Scope and Application

The Public Service Regulations Amendment, which was approved by the Governor-General and notified in the Commonwealth Gazette, outlines specific provisions under the Public Service Act 1922-1960. This legislation applies to officers within the Commonwealth Service and their families, particularly in cases of death or retirement. The regulation allows the Public Service Board to authorise the payment of removal expenses for officers' families when the officer has died or retired from service. The decision to pay these expenses is contingent upon several factors, including the circumstances of the officer's appointment, the nature of the locality where duties were performed, the duration of residence, and any other relevant considerations determined by the Board. This regulation extends to officers who are temporarily transferred and their families, ensuring that expenses are covered for the conveyance of family members and their household effects from the duty location to another designated place. The regulation does not specify exclusions or thresholds, but rather leaves the discretion to the Board to assess the appropriateness of the payment based on the circumstances presented.

Key Provisions

The key operative sections of the regulation pertain to the payment of removal expenses in the event of an officer’s death or retirement. Section 119B(1) allows the Public Service Board to authorise payment to the widow or a member of the family of the deceased officer for the expenses incurred in moving the family and their belongings from the locality where the officer was serving at the time of death to another place. This provision is contingent upon the family having resided with the officer in the locality immediately before his death or retirement. Conversely, Section 119B(2) enables the Board to authorise payment to an officer who retires or is retired from the Commonwealth Service, provided his family resided with him in the locality where he was serving immediately before his retirement. The officer can receive reimbursement for the expenses incurred in moving him and his family, along with his furniture and household effects, from the locality to the nearest capital city or another location determined by the Board. The obligations imposed on the parties governed by this regulation include the requirement for the family of a deceased or retired officer to have resided with the officer in the specified locality. The Public Service Board, in its discretion, must consider various factors such as the circumstances of the officer’s appointment or transfer, the nature of the locality, the duration of their residence, and any other relevant matters when deciding whether to authorise payment of removal expenses. The Board’s decision must be made in accordance with the outlined criteria, ensuring that the expenses are considered fairly and reasonably. There are no explicit offences, penalties, or civil/criminal consequences outlined for breach of this regulation within the text provided. The regulation primarily focuses on the discretionary powers of the Public Service Board in authorising payment of removal expenses and does not specify sanctions for non-compliance or improper use of these powers. Therefore, any breach of the regulation would likely be addressed through internal administrative procedures or other relevant legislative frameworks rather than through specific penalties outlined in this regulation.