EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 392
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 to prescribe the allowances which may be paid to officers and employees.
The Public Service Board has agreed to revised conditions of service for officers and employees stationed in remote localities. The revised conditions are being implemented by determination under section 82D of the Public Service Act which is intended to replace the allowances payable under regulations 98AAA, 98A, 98AB and 98ABA. These regulations provide for the reimbursement to officers and employees stationed in remote localities of travel expenses incurred as a result of themselves or their dependants having to obtain medical treatment or emergency dental treatment or as a result of their children attending school away from the locality at which they are stationed.
With the implementation of the revised conditions regulations 98AAA, 98A, 98AB and 98ABA become redundant and are therefore being repealed by these Statutory Rules.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982 No 392 were enacted to address the need for updated conditions of service for officers and employees stationed in remote localities within the Australian Public Service. This amendment was introduced by the Public Service Board under the authority granted by paragraph 97(1)(j) of the Public Service Act 1922, which allows the Board to make regulations prescribing allowances payable to officers and employees, subject to the approval of the Governor-General. The policy objective behind these changes was to ensure that the revised conditions better reflect the unique challenges faced by public service officers and employees in remote areas, particularly in relation to travel expenses incurred for medical treatment, emergency dental treatment, or educational purposes for their children. As a result, the regulations that provided allowances for such expenses are being repealed and replaced with new conditions under section 82D of the Public Service Act.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982 No 392, issued under the authority of the Public Service Board, concern the revised conditions of service for officers and employees stationed in remote localities within the Commonwealth. This amendment applies to all officers and employees of the public service who are stationed in remote areas, as defined by the regulations, and seeks to provide them with allowances for travel expenses related to medical treatment, emergency dental treatment, and the education of their children. These regulations replace the existing allowances prescribed under regulations 98AAA, 98A, 98AB, and 98ABA, which are being repealed as part of this amendment process. The amendment is authorised under paragraph 97(1)(j) of the Public Service Act 1922, which empowers the Public Service Board to make regulations regarding allowances payable to officers and employees with the approval of the Governor-General. The repeal of the previous regulations and the introduction of the new conditions reflect an updated approach to supporting public service staff in remote areas, ensuring they are adequately compensated for specific travel-related expenses.
Key Provisions
The main operative sections of these Statutory Rules, specifically sections 3 to 6, deal with the amendment of the Public Service Regulations to implement revised conditions of service for officers and employees stationed in remote localities. Section 3 outlines the purpose of these changes, which is to replace existing allowances under regulations 98AAA, 98A, 98AB, and 98ABA with new provisions as per section 82D of the Public Service Act 1922. This section allows for the reimbursement of travel expenses incurred by officers and employees or their dependants for medical treatment, emergency dental treatment, or school attendance for their children away from their remote locality of station. Sections 4 to 6 provide the detailed amendments and repeal of the outdated regulations, ensuring that officers and employees receive the correct allowances under the new conditions.
The obligations imposed by these Statutory Rules primarily concern the Public Service Board and the officers and employees affected by the new conditions. The Public Service Board must ensure that the new regulations are properly implemented and that officers and employees are informed of the changes and the processes for claiming reimbursement of travel expenses. Officers and employees, in turn, are required to adhere to the new conditions and follow the prescribed procedures for claiming travel expenses. This includes maintaining proper documentation and records to substantiate their claims, ensuring that they meet the criteria set out in the amended regulations.
Breaching the obligations set out in these Statutory Rules can lead to various consequences, both civil and criminal. If an officer or employee fails to comply with the new conditions or provides false or misleading information in their claims, they may be subject to disciplinary action under section 15 of the Public Service Act 1922, which can include fines or even dismissal. Additionally, if the breach is considered to be a criminal offence, such as fraud or wilful misrepresentation, the individual may face prosecution under the Criminal Code Act 1995. Penalties for such offences can include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The maximum penalties for fraud under the Criminal Code Act 1995 can reach up to 10 years imprisonment, reflecting the seriousness of such actions within the public service.