EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 393
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 to prescribe the allowances which may be paid to officers and employees.
Regulation 98 of the Public Service Regulations provides for the reimbursement, subject to an officer contribution, of the cost of fares incurred by officers stationed in isolated districts in respect of travel by themselves and their dependants from their station while on leave.
The purpose of these Statutory Rules is to amend regulation 98 so as to increase the rate of contribution payable by an officer. The opportunity has also been taken to revise the provisions of regulation 98 so as to clarify the conditions on which fares are reimbursable to officers.
Proposed sub-regulation 98(1) increases the rate of contribution payable by officers stationed in isolated districts from $20 in the case of an officer with dependants and $15 in the case of an officer without dependants to $50 in either case.
Proposed sub-regulation 98(2) provides that for each 2 years of service in an isolated district an officer shall not be entitled to the cost of more than one return fare in respect of travel by himself or his dependants. Proposed sub-regulation 98(3) provides that in cases where 2 members of the one family are eligible for reimbursement of fares, they are not to be both entitled to reimbursement of fares in respect of travel by their dependants. The remaining amendments made by the Statutory Rules are consequential to the above amendments to regulation 98.
Overview
The Public Service Regulations (Amendment) Statutory Rules 1982 were introduced to address the need for an update in the reimbursement rates and conditions for travel fares incurred by officers and employees stationed in isolated districts, as outlined under the Public Service Act 1922. This legislative amendment was enacted by the Public Service Board with the approval of the Governor-General. The primary objective of these Statutory Rules was to increase the rate of contribution payable by officers for their travel fares and to clarify the conditions under which these fares are reimbursable. Specifically, the rules raised the contribution rate from $20 for officers with dependants and $15 for those without, to a uniform $50 for both cases. Additionally, the rules introduced conditions limiting the number of return fares reimbursable per officer based on their years of service in isolated districts and restricted double reimbursements for members of the same family.
Scope and Application
The Public Service Regulations (Amendment) Statutory Rules 1982 No. 393 pertain to officers and employees within the Australian Public Service who are stationed in isolated districts and incur travel costs for themselves and their dependants while on leave. These rules amend the existing regulation 98 of the Public Service Regulations, which governs the reimbursement of travel fares incurred by such officers, by increasing the contribution rate they must pay and clarifying the conditions under which they are entitled to fare reimbursement. The rules apply on a national level within Australia as they pertain to the Public Service Act 1922 and the Public Service Regulations, which are Commonwealth regulations. The amendments to regulation 98, which include increasing the contribution rate and setting limits on the frequency and scope of fare reimbursements, are intended to provide clearer guidelines for officers while ensuring that the reimbursement system is fair and sustainable. The application of these rules is subject to the approval of the Governor-General, and they do not specify any exclusions, exemptions, or thresholds beyond those outlined in the proposed sub-regulations.
Key Provisions
The key operative sections of these Statutory Rules concern the amendment of Regulation 98 of the Public Service Regulations. Specifically, sub-regulation 98(1) (paragraphs 97(1)(j)) adjusts the rate of contribution payable by officers stationed in isolated districts, now setting it at $50 regardless of whether the officer has dependants. This replaces the previous rates of $20 for officers with dependants and $15 for those without. Sub-regulation 98(2) stipulates that officers are entitled to the cost of one return fare for every two years of service in an isolated district. Additionally, sub-regulation 98(3) clarifies that in cases where two members of the same family are eligible for fare reimbursement, they cannot both be reimbursed for their dependants' travel. These changes aim to clarify and update the conditions under which fare reimbursements are provided.
These amendments impose specific obligations and requirements on officers stationed in isolated districts. Firstly, they must now contribute $50 towards the cost of their travel and that of their dependants, a higher amount than previously required. Secondly, officers are limited to claiming the cost of one return fare for every two years they serve in an isolated district, which is a new limitation introduced by these rules. Furthermore, if two family members are both eligible for fare reimbursements, only one of them can claim the cost of travel for their dependants, as per the new provisions. These requirements are designed to ensure fairness and clarity in the reimbursement process.
Failure to comply with the provisions outlined in these Statutory Rules may result in various consequences. Although the rules themselves do not explicitly state specific penalties or offences, any non-compliance with the Public Service Regulations could potentially lead to disciplinary action, as per the overarching Public Service Act 1922. Such actions might include formal warnings, fines, or other administrative penalties imposed by the Public Service Board. Additionally, officers who do not adhere to the updated reimbursement conditions could face challenges in having their travel costs reimbursed, thereby affecting their financial situation during leave periods. It is essential for officers to familiarise themselves with these amendments to avoid any potential repercussions.