STATUTORY RULES
1972 No.
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1968.*
The public service board, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1968 hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated this twenty-first day of December, 1971.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia. acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this thirteenth
day of January , 1972
Governor-General.
By His Excellency’s Command,
Amendments of the Public Service (Salaries) Regulations†
First Schedule.
1. Part IV. of the First Schedule to the Public Service (Salaries) Regulations is amended by omitting Group 7.
Second Schedule.
2. Part I. of the Second Schedule to the Public Service (Salaries) Regulations is amended by omitting Items 5 and 6 and inserting in their stead the following items:—
“5 Teacher, Grade 1............ | 1. He shall be paid an allowance at the rate of 225 dollars if— |
| (a) he is associated with the teaching of Aboriginal children at a school provided specifically for the education of Aboriginal children, including such a school that also provides for, or provides a class for, the education of physically handicapped, mentally handicapped or physically and mentally handicapped Aboriginal children; or |
| (b) he is teaching a class, or at a school, provided specifically for the education of physically handicapped, mentally handicapped or physically and mentally handicapped children, not range a class or a school referred to in the last preceding paragraph. |
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1971, No.
23757/71—Price 5c 9/5.12.1971
| 2. Subject to the next succeeding paragraph, he shall, if he is in receipt of salary at a rate less than 6,338 dollars, be paid an allowance at a rate ascertained in accordance with the next succeeding paragraph while in charge of a primary school of the kind known as a one-teacher primary school, including such a school that also provides for the pre-primary education of children. |
| 3. For the purpose of the last preceding paragraph, the rate of the allowance is— |
| (a) if he is in receipt of salary at a rate less than 5,889 dollars—the rate of 450 dollars; or |
| (b) in any other case—a rate equal to the difference between 6,338 dollars and the rate of his salary. |
| 4. He shall be paid an allowance at the rate of 156 dollars while in charge of a school provided solely for the preprimary education of children at which more than one Teacher, Grade 1 is employed. |
“6 Teacher, Grade 2.......... | He shall be paid an allowance at the rate of 225 dollars if— |
Teacher, Grade 3.......... |
| (a) he is associated with the teaching of Aboriginal children at a school provided specifically for the education of Aboriginal children; or |
| (b) he is associated solely with the teaching of Aboriginal children otherwise than at such a school.”. |
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1972 No. 003, issued under the Public Service Act 1922-1968, address the need to amend the existing Public Service (Salaries) Regulations, particularly focusing on the allowances for teachers in specific educational contexts. These regulations were enacted to ensure fair compensation for teachers who are associated with the education of Aboriginal children or in special educational settings, such as one-teacher primary schools or pre-primary education settings. The objective of these amendments is to provide targeted financial support to educators who undertake these challenging and often under-resourced roles. The regulations were approved by the Governor-General in accordance with the Federal Executive Council, reflecting the legislative intent to uphold equitable remuneration within the public service sector.
Scope and Application
The Regulations under the Public Service Act 1922-1968, specifically the Public Service (Salaries) Regulations, apply to public service officers within the Commonwealth of Australia, particularly those in teaching positions. These Regulations outline amendments to the First and Second Schedules concerning allowances for teachers, including those associated with the education of Aboriginal children, physically and mentally handicapped children, and those in charge of primary schools. The amendments concern rates of allowances for different teaching positions, such as Teachers Grade 1, Grade 2, and Grade 3, depending on their specific teaching roles and circumstances, including salary rates. The Regulations are applicable nationally within the Commonwealth of Australia, and they are subject to approval by the Governor-General. These Regulations do not explicitly state exclusions or thresholds but provide specific conditions under which allowances are to be paid. The application of these Regulations may be further extended or restricted through subordinate instruments, as per the authority conferred by the Public Service Act 1922-1968.
Key Provisions
The Statutory Rules 1972 No. 00003 under the Public Service Act 1922-1968 establish certain amendments to the Public Service (Salaries) Regulations. These amendments primarily concern the payment of allowances to teachers in specific roles and circumstances. For instance, under section 1, Group 7 of Part IV of the First Schedule of the Public Service (Salaries) Regulations is omitted. This indicates a restructuring or removal of a particular allowance category or group. Section 2 then amends Part I of the Second Schedule by removing Items 5 and 6 and replacing them with new provisions. These new provisions, as outlined in the First Schedule, detail specific allowances for different categories of teachers.
Under the new regulations, a Teacher, Grade 1 is entitled to an allowance of 225 dollars under certain conditions. This includes teachers associated with the education of Aboriginal children at schools specifically for such education, or those teaching in schools or classes for physically or mentally handicapped Aboriginal children (section 2(1)(a) and (b)). If a Teacher, Grade 1 is in receipt of a salary less than 6,338 dollars and is in charge of a one-teacher primary school, they are eligible for an additional allowance. This allowance is calculated either at 450 dollars if their salary is less than 5,889 dollars, or as the difference between 6,338 dollars and their current salary (section 2(2) and (3)). Additionally, a Teacher, Grade 1 may receive an allowance of 156 dollars if they are in charge of a pre-primary school where more than one Teacher, Grade 1 is employed (section 2(4)).
These regulations impose obligations on the Public Service Board to ensure that teachers eligible for these allowances under the specified conditions receive them. The Board must also ensure that the correct calculations are made for the additional allowances based on the teachers' salaries. Furthermore, the regulations require the Board to maintain accurate records and documentation of these allowances and the conditions under which they are granted.
There are no explicit offences, penalties, or consequences for breach stated within these regulations. However, failure to comply with these provisions could potentially lead to disputes over entitlements, administrative reviews, or legal challenges regarding the interpretation and application of the regulations. The absence of penalties in the text suggests that enforcement may rely on administrative processes and adherence to the Public Service Act 1922-1968, which could include corrective actions or reviews by relevant authorities.