Public Service Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 55, specifically the Public Service Regulations (Amendment), was introduced to amend existing regulations governing allowances for officers and employees within the public service. Enacted by the Public Service Board, this statutory rule addresses the need to update and potentially enhance the conditions of service for public service officers stationed in isolated districts. The motivation behind this amendment was to implement an updated package of conditions of service for staff in remote localities, which had been agreed upon by the Board and the Australian Council of Trade Unions on 21 September 1982. By repealing regulation 98 of the Public Service Regulations and replacing it with Public Service Board Determination No 22 of 1982, the rules ensure that the conditions provided are both current and aligned with agreed terms, while also being compliant with the existing legislative framework, such as the Salaries and Wages Pause Act 1982.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1983 No. 55 applies to officers and employees of the Commonwealth public service, particularly those stationed in isolated districts. The regulations concern the reimbursement of travel costs for these officers and their dependants while on leave, which is a condition of their service. This amendment repeals the previous regulation 98 and replaces it with Public Service Board Determination No 22 of 1982, which extends and enhances the conditions of service for staff in remote areas, in accordance with an agreement between the Public Service Board and the Australian Council of Trade Unions. The application of this legislation is confined to the Commonwealth jurisdiction, and it ensures that the new conditions do not contravene the provisions of the Salaries and Wages Pause Act 1982. The amendment allows for the continued and potentially improved reimbursement of travel costs for public service officers in remote areas, subject to an officer contribution, thereby ensuring fairness and compliance with pre-existing agreements and legislative frameworks.

Key Provisions

The main provisions of the Statutory Rules 1983 No 55, Public Service Regulations (Amendment), concern the repeal of Regulation 98 of the Public Service Regulations and the implementation of Public Service Board Determination No 22 of 1982 (section 2). Regulation 98, which provided for the reimbursement of fares incurred by officers stationed in isolated districts during leave, has been repealed. Instead, the new determination, which was agreed upon by the Public Service Board and the Australian Council of Trade Unions on 21 September 1982, now governs the allowances for travel costs incurred by officers and their dependants in such circumstances. Under the new regime established by the Public Service Board Determination No 22 of 1982, officers stationed in isolated districts are entitled to reimbursement for travel costs incurred by themselves and their dependants while on leave, subject to certain conditions. This determination extends and replaces the conditions previously outlined in Regulation 98. The conditions of service under this determination are more generous in some respects compared to the previous regulation, yet it remains compliant with the Salaries and Wages Pause Act 1982, as confirmed by the Attorney-General’s Department. This compliance is based on the determination reflecting an agreement that was reached prior to the enactment of the Act. The obligations imposed by the Public Service Board Determination No 22 of 1982 include ensuring that eligible officers and their dependants receive reimbursement for travel costs incurred during leave. This determination also requires adherence to the terms and conditions set forth therein, which include the criteria for eligibility and the process for claiming reimbursement. The Public Service Board and the Australian Council of Trade Unions are responsible for administering the provisions of the determination, ensuring that it is applied fairly and consistently. Any breach of the conditions set forth in Public Service Board Determination No 22 of 1982 could lead to administrative or legal consequences, although specific offences, penalties, or consequences are not detailed within the explanatory statement. The determination itself does not explicitly outline penalties for non-compliance, but any failure to adhere to the conditions may result in the denial of reimbursement claims or other administrative actions taken by the relevant authorities. Additionally, if the determination is found to contravene any other legislative provisions, such as the Salaries and Wages Pause Act 1982, further legal repercussions may ensue.