Schools Commission Regulations (Amendment)

Overview

Statutory Rules 1978 No. 81, known as the Regulations under the Schools Commission Act 1973, were enacted in 1978 to address the need for specific regulations governing the allowances and expenses for full-time members and full-time acting members of the Schools Commission. These regulations were introduced by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to align the payment structures of the Schools Commission with those of the Australian Public Service. The primary policy objective of these regulations was to ensure consistency and fairness in the treatment of members by providing allowances corresponding to those available to officers of the Australian Public Service and to cover necessary removal expenses for members relocating due to their appointments or transfers. These regulations were made to support the Schools Commission Act 1973, ensuring that members of the Commission received appropriate allowances and financial support for relocation expenses, thereby facilitating efficient and effective administration within the educational sector. The enacting body responsible for these regulations was the Governor-General, acting on the advice of the Federal Executive Council, highlighting the importance of these provisions in the context of public service administration.

Scope and Application

The Schools Commission Regulations 1978, which were enacted under the Schools Commission Act 1973, apply to full-time members or full-time acting members of the Schools Commission, essentially treating them as officers of the Australian Public Service for the purposes of allowances and removal expenses. The Regulations extend to payments corresponding to those under the Public Service Regulations and allow for allowances for removal expenses when members are required to relocate for appointments or transfers. These regulations apply nationally across the Commonwealth of Australia and are designed to ensure that members of the Schools Commission are compensated in a manner consistent with public service officers. The regulations do not specify exclusions or thresholds, but allowances and expenses are subject to the discretion of the Minister, who considers various circumstances, including the nature of the locality and the duration of stay. The scope of the regulations is further defined and potentially extended through subordinate instruments as necessary.

Key Provisions

The primary operative sections of these Regulations (12) establish specific allowances for full-time and acting full-time members of the Schools Commission, aligning their entitlements with those of Australian Public Service officers under regulations 93 and 97 of the Public Service Regulations (section 11). They also provide for allowances for removal expenses when a member is required to relocate due to an appointment, transfer, or cessation of their role (section 12). The Regulations come into effect on 14 January 1978. The Regulations impose specific obligations on the Minister and the members of the Schools Commission. The Minister is authorised to approve and authorise the payment of allowances to members under certain circumstances. For full-time or acting full-time members, this includes allowances corresponding to those provided under the Public Service Regulations, as well as removal expenses for relocation due to appointment, transfer, or cessation of the member’s role. The Minister must consider various factors, such as the circumstances of the member’s appointment, the nature of the locality, and the duration of the member’s stay, when deciding whether to authorise removal expenses. Failure to comply with the provisions of these Regulations could potentially lead to legal consequences, though the specific offences, penalties, or consequences are not detailed within the text of the Regulations themselves. However, it is likely that breaches of the Regulations could be subject to administrative action, including fines or other sanctions, depending on the nature and severity of the breach. The maximum penalties, if applicable, would be determined by the relevant legislative framework governing the Schools Commission and its operations.