EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO.297
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (‘the Act’) provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
The statutory rules repeal regulation 91 of the Public Service Regulations and substitute new regulations 91-97, which deal with the partial reimbursement of fares and the payment of motor vehicle allowance to Meat Inspectors, Fruit Inspectors and Veterinary Officers (‘relevant officers’) in connection with travel to and from their duties.
The present regulation 91 provides for partial reimbursement of fares to Meat Inspectors only, for travel to and from duty
(a) within metropolitan areas - any excess beyond the fares necessary to travel between home and the departmental headquarters in the relevant capital; and
(b) outside metropolitan areas - any excess beyond 70 cents per week (daily fares) or $3.00 per month (monthly fares).
Apart from the fact that the monetary amounts in (b) require updating, the provisions require significant amendment to provide for payment to a broader group of officers as mentioned above, for payment of motor vehicle allowance, and for other changes as described below, which reflect administrative practices which have developed.
The regulations come into operation on 4 December 1983.
New regulation 91 is an interpretative provision which defines the designations of officers to be covered and excludes taxis from the meaning of ‘public transport’.
Regulations 92 - 94 provide for the partial reimbursement of fares for travel to and from work -
(a) within metropolitan areas - on the same basis as under the present regulation 91; and
(b) in any other case - reimbursement beyond the first 3 cents of fares per kilometre.
Reimbursement is not available for round trips of less than 1.6 km or for travel beyond 32 km on a round trip; and is available for second or subsequent trips on the same day only if such a trip takes place between a period of ordinary duty and a period of extra duty.
Regulations 95 and 96 provide payment of an allowance to a relevant officer for use of a motor vehicle for travel to and from work, if public transport is not available. The amount paid varies directly with the number of kilometres travelled and the engine capacity of the vehicle. A higher rate is paid for second or subsequent trips occurring between ordinary and extra duty.
Regulation 97 covers the situation where a relevant officer travels by private motor vehicle from home to a place of temporary duty. An allowance is payable on the same basis as in regulations 95 and 96, but at a higher rate. However, the amount paid cannot exceed the amount the officer would have received in travelling allowance if he had stayed overnight at his place of temporary duty.
Overview
The Public Service Regulations (Amendment) 1983, issued under the authority of the Public Service Board and pursuant to section 97(1) of the Public Service Act 1922, aims to address gaps in the existing regulatory framework concerning the reimbursement of travel costs for Meat Inspectors, Fruit Inspectors, and Veterinary Officers. This amendment, which came into effect on 4 December 1983, seeks to modernise and expand the scope of the reimbursement provisions to better align with current administrative practices. The new regulations include definitions and provisions for the partial reimbursement of fares and motor vehicle allowances for a broader group of officers, reflecting necessary updates and clarifications. The policy objective is to ensure that relevant officers are appropriately compensated for travel expenses incurred in the performance of their duties, while also standardising and simplifying the reimbursement process.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1983 No. 297, issued under the authority of the Public Service Board, amend the existing regulations to update the monetary amounts for fare reimbursement and extend the reimbursement and motor vehicle allowance to Meat Inspectors, Fruit Inspectors, and Veterinary Officers. These regulations apply to relevant officers engaged in public service duties, specifically those who travel to and from work, including travel to places of temporary duty. They provide for partial reimbursement of travel fares for trips within metropolitan areas and beyond, as well as allowances for motor vehicle use when public transport is not available. These regulations reflect updated administrative practices and come into effect on 4 December 1983. Notably, the regulations exclude taxi fares from the definition of 'public transport' and outline specific conditions for reimbursement eligibility and allowance amounts based on distance travelled and vehicle engine capacity.
Key Provisions
The Public Service Regulations (Amendment) 1983 (No. 297) primarily amend the existing regulations to expand the scope of fare reimbursement and motor vehicle allowance for certain officers, specifically Meat Inspectors, Fruit Inspectors, and Veterinary Officers. Regulation 91, which is now an interpretative provision, specifies the categories of officers eligible for these benefits and excludes taxis from the definition of ‘public transport’ (regs 91(2) and (3)). Regulations 92 to 94 detail the partial reimbursement of travel fares for these officers. Within metropolitan areas, the reimbursement scheme mirrors the existing provisions for Meat Inspectors, covering any excess beyond the necessary travel between home and departmental headquarters (reg 92). For travel outside metropolitan areas, reimbursement is available for any excess beyond 3 cents per kilometre, but only for trips exceeding 1.6 km and not exceeding 32 km (reg 93). Additionally, reimbursement is permissible for second or subsequent trips on the same day if they occur between ordinary and extra duty periods (reg 94). Regulations 95 and 96 introduce provisions for motor vehicle allowances, payable when public transport is unavailable. The allowance amount varies based on the distance travelled and the vehicle's engine capacity, with higher rates applicable for trips between ordinary and extra duty (regs 95 and 96). Regulation 97 addresses the scenario where an officer travels by private motor vehicle from home to a temporary duty location, providing an allowance at a higher rate than in regulations 95 and 96, but capping the amount at what the officer would receive if they had stayed overnight (reg 97).
The obligations imposed by these regulations are primarily on the relevant officers, who must ensure that any travel claims are within the specified parameters and that they provide accurate records of travel distances and vehicle use. The Public Service Board, as the governing body, must oversee the implementation and administration of these regulations, ensuring compliance and proper disbursement of allowances and reimbursements. The officers are also required to report any changes in their travel circumstances that may affect their eligibility or the amount of reimbursement or allowance due.
Breaches of these regulations may result in various consequences, although the specific penalties are not detailed in the text provided. Generally, non-compliance could lead to the denial of reimbursement or allowance claims, and in more severe cases, it might result in disciplinary action or legal proceedings. While the exact penalties are not specified, they would typically involve financial restitution or other corrective measures to ensure adherence to the regulations. Given the nature of the amendments, penalties for misreporting or fraudulent claims could include financial penalties, repayment of improperly received allowances or reimbursements, and potential disciplinary actions as per the Public Service Act 1922.