EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 390
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 more than 50 per cent.
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 policy basis of the allowance may be maintained.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982, enacted by the Public Service Board, address the need for adjustments to the allowances provided to officers and employees under the Public Service Act 1922 to accommodate increases in domestic electricity charges. The regulation, specifically Regulation 97C, originally provided an allowance when officers or employees faced high domestic electricity charges, with the allowance calculated based on the difference between their unit charges and a prescribed contribution. The recent amendments, implemented following a review by the Public Service Board, aim to update the contribution scales to reflect the current cost of electricity, ensuring that the allowance continues to be fair and relevant.
These statutory rules seek to maintain the policy basis of the allowance by adjusting the contribution scales to ensure that officers or employees receive support when their electricity charges significantly exceed the average costs in capital cities. The Public Service Board's intention is to provide a fair and effective mechanism to assist officers and employees with high electricity costs, thereby supporting their financial wellbeing within the public service framework.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Public Service Board, pertain to the allowances paid to officers and employees within the public service sector as specified under the Public Service Act 1922. Specifically, Regulation 97C outlines provisions for an allowance related to high domestic electricity charges faced by these individuals. This allowance is calculated based on the difference between the unit charges they pay and a prescribed contribution, which is structured to trigger if the charges surpass the mean of capital city charges for an equivalent amount of electricity by more than 50 per cent. The regulations were amended following a review by the Public Service Board to adjust the contribution scales, thereby maintaining the policy's intent amidst rising electricity costs. This amendment ensures that the allowance remains a viable support mechanism for public service officers and employees experiencing disproportionately high electricity expenses. The regulations apply to the Commonwealth level, affecting public service officers and employees across various jurisdictions within Australia.
Key Provisions
The main operative sections of this legislation (Paragraph 97(1)(j) of the Public Service Act 1922 and Regulation 97C of the Public Service Regulations) establish the framework for the payment of an allowance to officers and employees who face high domestic electricity charges. Specifically, this allowance is payable when the unit charges paid by the officer or employee exceed a certain prescribed contribution by more than 50 per cent, with the contribution scale being constructed around the mean of the capital city charges for the equivalent amount of electricity. This allowance is intended to be paid in respect of a quarterly, two-monthly or monthly charging period.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that the Public Service Board, with the approval of the Governor-General, make regulations that prescribe the allowances that may be paid to officers or employees under certain circumstances, such as high domestic electricity charges. The Board must also ensure that these regulations reflect the mean of capital city charges for equivalent amounts of electricity. Furthermore, the Board is responsible for conducting reviews to adjust the contribution scales in response to general increases in electricity charges, ensuring that the policy basis of the allowance remains consistent.
Failure to comply with the provisions of this legislation can result in various civil and criminal consequences. While the specific offences, penalties, and consequences are not explicitly stated in the text, breaches of the Public Service Act 1922 and its regulations could potentially lead to legal actions against officers or employees who do not receive the correct allowances or against the Public Service Board for failing to properly implement the regulations. Additionally, the Public Service Board may face administrative or disciplinary actions for not adhering to the prescribed procedures for making and amending regulations. The maximum penalties for such breaches, however, are not detailed in the provided text and would typically be found in the relevant sections of the Public Service Act 1922 or other related legislation.