EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 41
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Paragraph 97(1) (j) of the Public Service Act 1922 provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing the allowances which may be paid to officers or employees.
Regulation 97C of the Public Service Regulations provides for the payment of an allowance in circumstances where officers and employees are obliged to meet high domestic electricity charges. The allowance payable, in respect of a quarterly, two-monthly or monthly charging period, is the amount by which the unit charges paid by the officer or employee exceed the contribution prescribed by the regulation.
The officer contribution scales prescribed by the regulation have been constructed so that an allowance is payable if the charge exceeds the mean of the capital city charges for the equivalent amount of electricity by 50% or more.
These statutory rules, made as the result of a review conducted by the Public Service Board, implement increases in the officer’s or employee’s contribution, in recognition of increased electricity charges generally, so that the fundamental policy basis of the allowance may be maintained.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Public Service Board and approved by the Governor-General, were enacted to address the need for adjustments in the allowances paid to officers and employees in the public service who incur high domestic electricity charges. The regulations amend the existing provisions under the Public Service Act 1922 and the Public Service Regulations, specifically targeting Regulation 97C, which deals with allowances for excessive electricity charges. The primary policy objective is to ensure that the allowance remains equitable and relevant in light of rising electricity costs, thereby maintaining the integrity of the allowance system.
The amendment increases the contribution scales for officers and employees, ensuring that an allowance is only payable when their electricity charges significantly exceed the mean capital city charges. This legislative update reflects the Public Service Board’s commitment to reviewing and adjusting regulations to meet contemporary challenges, ensuring that the public service remains fair and effective in compensating for undue financial burdens on its members.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982, made under the authority of the Public Service Board, concern the allowances that may be paid to officers or employees of the public service as per the Public Service Act 1922. Specifically, these regulations amend the allowances provided in Regulation 97C, which pertains to payments made to officers and employees who incur high domestic electricity charges. The allowance is calculated based on the difference between the unit charges paid by the officer or employee and a prescribed contribution, with an allowance payable if the charges exceed the mean capital city charges by 50% or more. These amendments reflect a review and adjustment to the contribution scales to account for the general increase in electricity charges, ensuring the allowance remains in line with its fundamental policy basis. The regulations apply to all officers and employees of the Commonwealth public service who are subject to such allowances, and their scope is limited to the financial contributions and allowances outlined within the specified parameters. The application of these rules is confined to the Commonwealth jurisdiction and does not extend beyond it without further legislative action.
Key Provisions
The main operative sections of the Public Service Regulations (Amendment) Statutory Rules 1982 No. 41 involve the revision of the existing allowances for high domestic electricity charges under Regulation 97C (paragraph 97(1)(j) of the Public Service Act 1922). Essentially, this amendment pertains to the financial support provided to officers and employees who face substantial electricity expenses. The allowance is calculated based on the difference between the unit charges they pay and a specified contribution, which is adjusted to reflect a 50% increase over the mean capital city charges for the same electricity amount. This is intended to ensure that the allowance remains fair and effective despite rising electricity costs.
The Act imposes specific obligations and requirements on both the officers or employees who may be eligible for the allowance and the Public Service Board, which oversees its administration. Officers and employees must accurately report their electricity charges to be considered for the allowance. Conversely, the Public Service Board is responsible for setting and periodically updating the contribution scales to reflect changes in electricity costs, ensuring that the allowance remains a viable support mechanism.
In terms of potential breaches and consequences, the legislation does not explicitly detail specific offences or penalties within the text provided. However, any failure to comply with the regulations, such as incorrect reporting of electricity charges by an officer or employee, or improper administration by the Public Service Board, could lead to disputes or administrative penalties. While the statutory rules do not outline maximum penalties, any breaches of public service regulations typically may result in disciplinary actions against officers or employees, or administrative adjustments and oversight by the Public Service Board to ensure compliance.