Schools Commission Regulations (Amendment)

Overview

Statutory Rules 1979 No. 82, made under the Schools Commission Act 1973, was introduced to amend the Schools Commission Regulations concerning the payment of removal expenses for members of the Schools Commission. Enacted by the Governor-General with the advice of the Federal Executive Council, this legislative instrument aims to refine the administrative framework governing the Schools Commission. The regulation specifically addresses the allowance for removal expenses upon appointment, transfer, or cessation of membership within the Commission, ensuring that the payments are consistent and transparent by mandating fixed allowances rather than discretionary payments. This amendment underscores the intent to streamline financial provisions and maintain clarity in the administrative processes associated with the Schools Commission's operations.

Scope and Application

The Schools Commission Regulations, as amended by Statutory Rules 1979 No. 82, apply to individuals who are appointed, transferred, or cease to be members of the Schools Commission under the Schools Commission Act 1973. These Regulations specify the allowance for removal expenses payable to such individuals, effectively altering the financial support framework for their relocation or cessation of duties. The scope of this regulation is national, operating within the Commonwealth of Australia, and it directly impacts personnel involved in the administration and management of the Schools Commission. Notably, the regulation mandates the payment of removal expenses, a change from the previous discretionary allowance, ensuring consistency and predictability in the compensation for relocation costs. This amendment does not specify exclusions or exemptions and is a direct application of the Schools Commission Act 1973, reinforcing the statutory entitlements of its members.

Key Provisions

The main operative sections of the Schools Commission Regulation Amendment (Removal Expenses) Regulations 1979 (C2004L06128) pertain to the modification of the Schools Commission Regulations, specifically in relation to the allowance for removal expenses for members of the Commission (Regulation 12). Regulation 12 alters sub-regulation (1) by removing the discretion of the Minister to authorise the payment of removal expenses, instead mandating that such expenses are to be paid to the person in question as a fixed allowance. This change ensures that removal expenses are treated as a statutory entitlement rather than a discretionary benefit, providing clarity and consistency in the payment process. These regulations impose specific obligations on the entities governed by them. The Schools Commission, as the body administering these regulations, must now ensure that removal expenses for its members are paid as a fixed allowance, as mandated by the amended Regulation 12. This means that the Commission is required to calculate and disburse the appropriate amount for removal expenses without needing additional authorisation from the Minister. The burden of compliance falls on the Schools Commission to adhere to these new financial obligations as per the amended regulations. Failure to comply with the provisions of these regulations may lead to civil or administrative consequences. Although the specific consequences for non-compliance are not detailed in the text, the alteration of the regulation suggests an intent to enforce the new financial obligations more stringently. Non-compliance might result in legal scrutiny, financial penalties, or other corrective measures to ensure adherence to the statutory requirements. The exact nature and extent of these consequences would need to be considered within the broader legal context and applicable laws governing administrative compliance.