Public Service Regulations (Amendment)

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Statutory Rules

1980 No. 226

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*

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

Dated this tenth day of July 1980.

R W COLE

Chairman

J C TAYLOR

Commissioner

R J YOUNG

Commissioner

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

Dated this twenty-ninth day of July 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

MICHAEL MacKELLAR

Minister of State for Health for and on behalf of the Prime Minister

 

* Notified in the Commonwealth of Australia Gazette on 5 August 1980.

S.R. No. 25/80—Cat. No. —Recommended retail price 20c 12/6.6.1980


AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS*

Reimbursement of fares—illness or accident—remote districts

1. Regulation 98a of the Public Service Regulations is amended by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (1) “ wife ” and substituting “ spouse ”.

2. Regulation 98ab of the Public Service Regulations is repealed and the following regulations are substituted:

Remote districts—reimbursement of cost of transport for dental treatment

“ 98ab (1) Subject to sub-regulations (2) and (4), where—

(a) an officer is stationed in a locality at which there is no resident dentist; and

(b) the immediate removal, for dental treatment, of—

(i) the officer;

(ii) the officer’s spouse; or

(iii) a child of the officer who is under the age of 18 or who, being dependent on the officer, is certified by a duly qualified medical practitioner to be a permanent invalid,

is necessary,

the Chief Officer may authorize reimbursement to the officer of the amount by which the cost of transport for that removal for that dental treatment at the nearest place where that dental treatment can be given, and for return to that locality after that treatment, exceeds $6.

“ (2) The Chief Officer shall not authorize reimbursement under sub-regulation (1) unless there is submitted to him a statement issued by a duly qualified dentist stating the nature of the dental problem and certifying that immediate dental treatment was necessary.

“ (3) In this regulation, ‘ cost of transport ’ means—

(a) expenses incurred by way of fares; or

(b) where the removal referred to in sub-regulation (1) takes place by the use of a private vehicle, an amount in respect of that use calculated at the rate that would be applicable if motor vehicle allowance under regulation 90a were payable in respect of that use,

and includes, in any case of removal where the circumstances necessitate the person who is being removed under sub-regulation (1) being accompanied by an attendant, the expenses incurred by way of fares of the attendant.

“ (4) Sub-regulations (1), (2) and (3) do not apply to officers stationed at lighthouses, but an officer so stationed may be reimbursed, on such conditions as are determined by the Board, expenses incurred

 

* Statutory Rules 1935 No. 18 as amended to date. For previous amendments see footnote* on the second page of Statutory Rules 1980 No. 18 and see also Statutory Rules 1980 Nos. 18, 26, 52, 89, 97, 107 and 145.


in relation to the removal, from the lighthouse where the officer is stationed, of—

(a) the officer;

(b) the officer’s spouse; or

(c) a child of the officer who is under the age of 18 or who, being dependent on the officer, is certified by a duly qualified medical practitioner to be a permanent invalid,

for dental treatment.

Meaning of “officer” in regulations 98aaa, 98a and 98ab

“ 98aba. In regulations 98aaa, 98a and 98ab ‘ officer ’ includes an employee.”.

Printed by Authority by the Commonwealth Government Printer

Overview

The Statutory Rules 1980 No. 226, enacted under the Public Service Act 1922, address the need for updated regulations regarding the reimbursement of transport costs for public service officers requiring dental treatment, particularly in remote areas. This legislative instrument was developed by the Public Service Board and approved by the Governor-General in accordance with the authority conferred by the Public Service Act 1922. The objective is to ensure that public service officers and their dependents receive necessary dental care without undue financial burden, especially when such services are not locally available. This is achieved by amending existing regulations to include broader definitions of eligible beneficiaries and clarifying the circumstances under which reimbursement can be authorised. These regulations amend the Public Service Regulations to redefine the term "spouse" and expand the eligibility criteria for reimbursement of transport costs for dental treatment to include the officer's spouse and dependent children. The policy objective is to provide equitable and timely access to essential dental services for public service officers and their families, particularly those posted in remote locations where local dental care is unavailable. The regulations also outline the conditions under which reimbursement is authorised, including the requirement for a certified statement from a qualified dentist and the exclusion of certain remote areas, such as lighthouses, from the general reimbursement provisions.

Scope and Application

The Public Service Regulations 1980, made under the Public Service Act 1922, apply to public service officers, which includes employees, stationed in remote localities where there is no resident dentist. The regulations govern the reimbursement of transport costs for dental treatment for officers, their spouses, and children under 18 or dependents certified as permanent invalids. The Chief Officer may authorise reimbursement for the cost of transport for dental treatment, subject to certain conditions including the submission of a statement from a qualified dentist confirming the necessity of immediate treatment. Notably, the regulations exclude officers stationed at lighthouses from the general reimbursement provisions but allow for specific conditions under which these officers may be reimbursed for transport costs related to dental treatment. The scope of these regulations is limited to Commonwealth public service officers and their families, with specific provisions for remote area postings. The geographic reach is nationwide, applying to all officers within the Commonwealth public service.

Key Provisions

The key provisions of the Statutory Rules 1980 No. 226 amend the Public Service Regulations to update and clarify the conditions under which officers and their families can be reimbursed for the costs associated with obtaining dental treatment. Regulation 98a is amended to replace the term "wife" with "spouse," broadening the definition to include partners in same-sex relationships or other non-traditional family structures (1). Regulation 98ab is repealed and replaced with new provisions that specify the conditions for reimbursement of transport costs for dental treatment in remote areas. This includes the requirement for the officer to be stationed in a locality without a resident dentist and for immediate removal for dental treatment to be necessary (98ab(1)). The Chief Officer must authorise the reimbursement if the cost exceeds $6, provided a statement from a qualified dentist is submitted, confirming the necessity of immediate treatment (98ab(2)). The term "cost of transport" is defined to include fares and, if applicable, the use of a private vehicle (98ab(3)). These provisions do not apply to officers stationed at lighthouses, but separate reimbursement conditions are outlined for such cases (98ab(4)). Additionally, the meaning of "officer" in certain regulations is clarified to include employees (98aba). The regulations impose specific obligations on officers who need to seek dental treatment in remote areas, requiring them to obtain a statement from a qualified dentist to substantiate the need for immediate treatment and the necessity of travel (98ab(2)). Officers must also ensure that any reimbursement request complies with the defined conditions, such as the necessity of removal for dental treatment and the cost exceeding $6. For officers stationed at lighthouses, the Board determines the conditions under which reimbursement for dental treatment removal costs can be authorised. Breaches of the provisions outlined in the regulations may lead to civil or criminal consequences, though specific penalties are not detailed in the text. Generally, failure to comply with the reimbursement conditions or providing false information could result in disciplinary action or legal repercussions. The regulations ensure that the process for reimbursement is transparent and requires appropriate documentation to validate the need for travel and treatment.

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Administrative Law
Instrument
Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
Reimbursement Provisions

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