Public Service Regulations (Amendment)

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Statutory Rules

1973 No. 113

REGULATION UNDER THE PUBLIC SERVICE ACT 1922-1972.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1972, hereby makes, subject to the approval of the Governor-General, the following Regulation.

Dated this eleventh day of May, 1973.

A. S. COOLEY

Chairman.

A. B. McFARLANE

Commissioner.

F. C. NORDECK

Deputy of a Commissioner.

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

Dated this eighth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

D. R. WILLESEE

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

 

Amendment of the Public Service Regulation†

After regulation 98ab of the Public Service Regulations the following regulation is inserted:—

Reimbursement of fares of relative who visits sick officer.

“98ac. (1) Subject to sub-regulation (3), where—

(a) an officer becomes critically ill or dangerously ill, whether as a result of injury or disease, while he is absent from his headquarters on duty;

(b) as a result of the officer’s illness, a close relative travels to the city or town where the officer is ill from another city or town for the purpose of visiting the officer while he is critically ill or dangerously ill; and

(c) the conditions specified in sub-regulation (4) are complied with,

 

*Notified in the Commonwealth Gazette on 21 June 1973.

† Statutory Rules 1935, No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1973, No. 32, and see also Statutory Rules 1973, Nos. 32, 34, 37, 46, 47, 73 and 87.


the Commonwealth is liable to reimburse the close relative—

(d) in respect of so travelling—

(i) if the relative travels from the city or town where he ordinarily resides—an amount equal to the cost of the fares reasonably incurred by him in so travelling; or

(ii) in any other case—an amount equal to the cost of the fares reasonably incurred by him in so travelling or an amount equal to the cost of the fares that he would have reasonably incurred if he had travelled from the city or town in which he ordinarily resides, whichever is the less; and

(e) if the relative, after so travelling, returns to the city or town in which he ordinarily resides, an amount equal to the cost of the fares reasonably incurred by him in travelling to that last-mentioned city or town,

“(2) Subject to sub-regulation (3), where—

(a) the Commonwealth is liable to reimburse a close relative in respect of his fares for travelling to a city or town for the purpose of visiting an officer who is critically ill or dangerously ill;

(b) the relative, after having so travelled, does not travel to the city or town in which he ordinarily resides but travels to another city or town; and

(c) it is reasonable, in all the circumstances, for the relative to travel to that other city or town instead of the city or town in which he ordinarily resides,

the Commonwealth is liable to reimburse the relative, in addition to the amount referred to in paragraph (d) of sub-regulation (1), an amount equal to the cost of the fares reasonably incurred by him in travelling to that other city or town or an amount equal to the cost of the fares that he would have reasonably incurred if he had travelled to the city or town in which he ordinarily resides, whichever is the less.

“(3) Where the close relative of an officer who is entitled to reimbursement under sub-regulation (1) or (2) did not travel, for the purpose of visiting the officer, from the city or town in which the officer has his headquarters and did not return, after having travelled to visit the officer, to that city or town, the amount that the Commonwealth is liable to reimburse the close relative under this regulation shall not exceed the cost of the fares that he would have reasonably incurred if he had travelled from, and returned to, the city or town in which the officer has his headquarters.

“(4) the conditions referred to in paragraph (c) of sub-regulation (1) are—

(a) that a certificate under the hand of a qualified medical practitioner who has been attending the officer in connation with his illness has been furnished to the Chief Officer certifying that the officer is, at the time the certificate is given, critically ill or dangerously ill or that the officer was, during a period specified In the certificate, critically ill or dangerously ill; and

(b) That the Chief Officer has approved the reimbursement.

“(5) Where, but for paragraph (b) of sub-regulation (4), a close relative of an officer would, under sub-regulation (1), be entitled to be reimbursed in respect of the cost of his fares, the Chief Officer shall not refuse to approve the reimbursement if no other close relative would foe so entitled.


“(6) Where, but for paragraph (b) of sub-regulation (4), two or more close relatives would, under sub-regulation (1), be entitled to be reimbursed in respect of the cost of their fares—

(a) the Chief Officer shall approve reimbursement to one of those close relatives in respect of the cost of his fares;

(b) except as provided in sub-regulation (7), the Chief Officer shall not approve reimbursement to more than one of those close relatives in respect of the cost of his or their fares; and

(c) the Chief Officer shall, in exercising, in accordance with the preceding paragraphs of this sub-regulation, the discretion vested in him by paragraph (b) of sub-regulation (4), have regard to any wishes expressed by the officer concerning the close relative who should visit him and the general domestic circumstances of the officer.

“(7) Where a close relative of an officer is entitled to be reimbursed under sub-regulation (1) the cost of fares incurred in travelling to visit the officer and the relative was accompanied by a child of whom the relative had the care and control, the Chief Officer shall also approve reimbursement in respect of the cost of the fares of the child.

“(8) For the purpose of this regulation, each of the following persons, but no other person, is a close relative of an officer:—

(a) the spouse, a child and a parent of the officer; and

(b) any other person who is, by reason of the special circumstances of a particular case, approved by the Chief Officer as a close relative of the officer.

“(9) Where the Commonwealth would, under this regulation, be liable to reimburse a close relative in respect of the cost of fares incurred in travelling for the purpose of visiting an officer, or after having travelled for that purpose, if the relative were so to travel, the Chief Officer may pay the fares or part of the fares of the close relative for so travelling.

“(10) In this regulation, a reference to an officer shall be read as including a reference to an employee.”.

Overview

The Statutory Rules 1973 No. 113, under the Public Service Act 1922-1972, was introduced to address the issue of reimbursing the travel expenses of close relatives of critically or dangerously ill officers who are away from their headquarters on duty. Enacted by the Public Service Board and approved by the Governor-General, the regulation aims to provide financial support to relatives who travel to visit ill officers, ensuring that they are not unduly burdened by travel costs during a stressful time. The policy objective is to facilitate the ability of close relatives to visit officers in need while ensuring that the reimbursement process is fair and well-regulated.

Scope and Application

The regulation applies to officers, which includes employees, of the Commonwealth public service who become critically or dangerously ill while absent from their headquarters on duty. It pertains to the reimbursement of fares incurred by close relatives who travel to visit these officers due to their critical or dangerous illness. The geographic reach of the regulation is limited to the Commonwealth of Australia. The regulation includes provisions for reimbursement of travel costs incurred by close relatives, defined as spouses, children, and parents of the officer, as well as other individuals approved by the Chief Officer in special circumstances. The Commonwealth may also prepay the fares or part of the fares of the close relative for the journey. Conditions for reimbursement include the provision of a medical certificate by a qualified medical practitioner and approval by the Chief Officer. The regulation also outlines the circumstances under which reimbursement may be limited or denied, such as when the relative does not travel from their ordinary residence or when multiple relatives would otherwise be eligible for reimbursement.

Key Provisions

The regulation provides for the reimbursement of travel expenses for close relatives of officers who become critically ill or dangerously ill while away from their headquarters on duty. Under sub-regulation (1), the Commonwealth is liable to reimburse a close relative for the cost of fares incurred in travelling to visit the critically ill officer and, if applicable, for the cost of returning to the city or town in which the relative ordinarily resides. Sub-regulation (2) further provides that if the close relative travels to another city or town after visiting the officer, the Commonwealth is liable to reimburse the relative for the cost of such travel if it is reasonable for the relative to travel to that other city or town instead of returning to the city or town in which he ordinarily resides. Sub-regulation (3) limits the amount of reimbursement where the relative did not travel from or return to the city or town in which the officer has his headquarters. Sub-regulation (4) sets out the conditions that must be met in order for the Commonwealth to be liable for reimbursement, including that a qualified medical practitioner must certify that the officer is critically ill or dangerously ill and that the Chief Officer must approve the reimbursement. Sub-regulation (5) provides that the Chief Officer shall not refuse to approve reimbursement if no other close relative would be entitled to reimbursement, and sub-regulation (6) provides that the Chief Officer shall not approve reimbursement to more than one close relative in respect of the cost of their fares, except as provided in sub-regulation (7). Sub-regulation (7) provides for reimbursement of the cost of fares incurred by a child who is accompanied by the close relative when travelling to visit the officer. Sub-regulation (8) defines who is considered a close relative for the purposes of the regulation, and sub-regulation (9) provides that the Chief Officer may pay the fares or part of the fares of the close relative for travelling to visit the officer. The regulation imposes several obligations on the parties it governs. The Commonwealth is obligated to reimburse the close relatives of critically ill or dangerously ill officers for the cost of their travel expenses. Close relatives are obligated to provide a certificate from a qualified medical practitioner certifying that the officer is critically ill or dangerously ill, and to obtain approval from the Chief Officer for reimbursement. The Chief Officer is obligated to approve reimbursement if the conditions specified in sub-regulation (4) are met, and to exercise discretion in approving reimbursement to more than one close relative in accordance with sub-regulation (6). The Chief Officer is also obligated to reimburse the cost of fares incurred by a child who is accompanied by the close relative when travelling to visit the officer, as provided in sub-regulation (7). Breach of the regulation may result in civil or criminal consequences, although the regulation does not specify any offences or penalties. However, the regulation does provide that the Commonwealth is liable to reimburse the close relatives of critically ill or dangerously ill officers for the cost of their travel expenses, and failure to do so may result in legal action being taken against the Commonwealth. Additionally, failure to comply with the conditions specified in sub-regulation (4) may result in the Chief Officer refusing to approve reimbursement, which may have financial consequences for the close relative. It is important for all parties to comply with the regulation in order to avoid any potential consequences.

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