Statutory Rules
1977 No.74
REGULATION 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 approvili of the Administrator, the following Regulation.
Dated this twenty-fifth day of May, 1977.
Chairman.
Commissioner.
Commissioner.
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federai Executive Council; hereby approve the following Regulation.
Dated this second day of June, 1977.
- R. CULTER
Administrator.
By His Excellency’s Command,
Prime Minister.
Amendments oF the Public Service Regulations†
Rates and conditions of district allowances.
Regulation 101 of the Public Service Regulations is amended—
(a) by omitting from sub-regulation (1) the words “ Subject to the next two succeeding sub-regulations ” and substituting the words “ Subject to sub-regulation (1a) ”;
* Notified in the Australian Government Gazette on 7 June 1977.
† Statutory Rules 1935, No. 18 as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1977, No. 9 and see also Statutory Rules 1977, Nos. 9, 12, 15, 57 and 62.
12241/77 Cat. No. —Recommended retail price 10c 6/14.4.1977
(b) by omitting the table in sub-regulation (1) and substituting the following table:—
Grade | Married Officer | Unmarried Officer |
| $ | $ |
1........................................... | 310 | 160 |
2........................................... | 560 | 290 |
3........................................... | 900 | 490 |
4........................................... | 1,250 | 720 |
5........................................... | 1,630 | 960 |
6........................................... | 2,040 | 1,250 |
and
(c) by omitting sub-regulations (1a) and (1b) and substituting the following sub-regulation:—
“ (1a) Where—
(a) a locality is removed from the list referred to in regulation 102;
(b) an officer who was residing in that locality immediately before that removal continues to reside in that locality after that removal; and
(c) sub-regulation (1) applied in relation to the officer immediately before that removal,
the officer may, in respect of the period commencing on the date of that removal and ending on—
(d) the expiration of the period of 1 year after that removal; or
(e) if the officer ceases to reside in that locality on a date within that period of 1 year, that earlier date,
be paid such district allowance as might be payable to him if that removal had not occurred and sub-regulation (1) as in force immediately before that removal had continued to apply in relation to the officer.”.
Printed by Authority by the Acting Commonwealth Government Printer
Overview
The Statutory Rules 1977 No. 74 were enacted under the Public Service Act 1922 to address the need for amendments to the Public Service Regulations, particularly concerning rates and conditions of district allowances. These regulations were issued by the Public Service Board and approved by the Administrator. The overarching policy objective of these regulations is to ensure fair and consistent application of allowances within the public service, reflecting changes in conditions and the removal of certain localities from the list of those eligible for specific allowances. This legislative instrument thus aims to provide clarity and continuity in the administration of allowances, ensuring that public service officers are compensated appropriately according to their circumstances and the evolving landscape of public service locations.
Scope and Application
The Public Service Regulations, made under the Public Service Act 1922, govern the administrative framework for the Commonwealth public service, applying to all officers and employees within this service. These regulations encompass the terms, conditions, and allowances for public service officers, including provisions for district allowances based on the officer's grade and marital status. The regulations' geographic reach is national, applying across all states and territories within the Commonwealth of Australia. While the primary focus is on the public service, specific exclusions and exemptions may apply to certain categories of officers or circumstances, as detailed within the regulations themselves. Additionally, the Public Service Board has the authority to amend these regulations through subordinate instruments, as evidenced by the amendments to Regulation 101 concerning district allowances.
Key Provisions
The key provisions of the Statutory Rules 1977 No. 74, made under the Public Service Act 1922, involve amendments to the Public Service Regulations concerning rates and conditions of district allowances (Reg. 101). The regulation modifies the allowances for married and unmarried officers based on their grade, replacing the previous table with a new one (sub-reg. (1)). It also introduces a transitional provision for officers who were residing in localities removed from the list (sub-reg. (1a)). This transitional provision allows officers who remain in the locality after its removal to receive the district allowance they would have been entitled to, if the locality had not been removed, for up to one year after the removal.
The obligations imposed by this regulation on the relevant parties include adherence to the updated rates and conditions of district allowances as outlined in the amended Regulation 101. Officers who were residing in the removed localities must also comply with the transitional provisions if they continue to reside in those localities. These changes necessitate that the Public Service Board, as the regulatory authority, ensure that the updated rates are correctly applied and communicated to the affected officers.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the regulation itself for breaches of these provisions. However, non-compliance with public service regulations generally could lead to administrative or disciplinary actions under the Public Service Act 1922 or other relevant legislation. The maximum penalties for breaches of public service regulations are not specified in this particular regulation but would typically be addressed in the broader framework of the Public Service Act.