Public Service Regulations (Amendment)

Overview

Statutory Rules 1966 No. 121, made under the Public Service Act 1922-1964, were enacted to address specific operational issues within the Australian Public Service, including meal breaks and travel allowances for public servants. These regulations were introduced to provide clarity and support to public service employees regarding their entitlements when required to work outside their normal hours or when their workplace location changes. The Public Service Board, acting on the authority of the Public Service Act, created these regulations to ensure consistent application of entitlements across the public service. The policy objective of these amendments was to provide fair compensation and support for public servants facing changes in their work arrangements, thereby maintaining morale and operational efficiency within the public sector.

Scope and Application

The Regulations under the Public Service Act 1922-1964, made by the Public Service Board and approved by the Governor-General, provide specific amendments to the Public Service Regulations, impacting officers and employees of the public service. These amendments introduce provisions for meal allowances for officers required to perform duties before their ordinary hours, and establish a reimbursement scheme for additional travel fares incurred due to the relocation of a branch, division, or section within the same city or town. Notably, the reimbursement is contingent upon the Public Service Board's directive and is subject to income thresholds, with male officers' annual salaries not exceeding $3,754 and female officers' not exceeding $3,352. Furthermore, the additional fares must exceed fifty cents for a fortnight to qualify for reimbursement. The regulations also detail conditions under which the allowances are not payable, including changes in place of residence and timeframes for the duration of the allowances.

Key Provisions

The main operative sections of these Regulations pertain to amendments to meal allowances and reimbursement of fares for officers and employees of the public service (Regulations 68 and 79c). Firstly, under Regulation 68, an officer or employee is granted a meal break if they are required to perform duties before their ordinary hours of duty commence but are not entitled to payment for that break (Regulation 68(1)(ba)). Secondly, under Regulation 79c, officers or employees who incur additional fares in travelling by public transport to and from their place of duty due to a transfer of their branch, division, or section to a new location in the same city or town are entitled to be paid an allowance for that fortnight equal to the amount of those additional fares (Regulation 79c(1)). However, this allowance is subject to certain conditions, such as the Board's direction, salary thresholds, and the amount of additional fares incurred (Regulation 79c(2)-(4)). Additionally, the allowance is not payable if the officer or employee changes their place of residence after the transfer or after a certain period of time (Regulation 79c(5)-(6)). The Regulations impose specific obligations and requirements on the Public Service Board and officers or employees. The Board is responsible for directing whether allowances under Regulation 79c are to be paid by reason of the transfer of a branch, division, or section (Regulation 79c(2)). Officers or employees must meet certain conditions to be eligible for the allowance under Regulation 79c, such as not exceeding specific salary thresholds and incurring additional fares of at least Fifty cents (Regulation 79c(3)-(4)). Furthermore, officers or employees must not change their place of residence after the transfer if they wish to continue receiving the allowance (Regulation 79c(5)(a)). Breach of the Regulations may result in various civil and criminal consequences, depending on the specific provision violated. For instance, if an officer or employee falsely claims an allowance under Regulation 79c, they may be subject to disciplinary action or legal proceedings for fraud. However, the Regulations do not explicitly state any maximum penalties for such breaches. It is important to note that the consequences for breach may vary depending on the specific circumstances and applicable laws.