Social Welfare Commission Regulations (Amendment)

Legislation au C1976L00088 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 88

REGULATIONS UNDER THE SOCIAL WELFARE COMMISSION ACTS 1973.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Social Welfare Commission Acts 1973.

Dated this twenty-third day of March, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

MARGARET GUILFOYLE

Minister of State for Social Security.

________

Amendment of the Social Welfare Commission Regulations†

1. After regulation 8 of the Social Welfare Commission Regulations the following regulations are added:—

Fees for members of Committees.

“ 9. (1) The fee payable to a Chairman of a Committee appointed under section 17 of the Act, in respect of a day before 1 March 1975 on which he attends a meeting of the Committee or is engaged (whether in Australia or overseas), with the approval of the Commission, on business of the Committee is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours— $25; or

(b) in any other case—$40.

 

* Notified in the Australian Government Gazette on 30 March 1976.

† Statutory Rules 1974, No. 63; and 1975, No. 4.


“ (2) The fee payable to a member (other than the Chairman) of a Committee appointed under section 17 of the Act, in respect of a day before 1 March 1975 on which he attends a meeting of the Committee or is engaged (whether in Australia or overseas), with the approval of the Commission, on business of the Committee is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours—$20; or

(b) in any other case—$35.

Prohibition against double entitlement of part-time Commissioners.

“ 10. Where a person who is—

(a) a part-time Commissioner; and

(b) a member of a Committee appointed under section 17 of the Act,

would, but for the operation of this regulation, be entitled to be paid, in respect of a day, a fee in pursuance of regulation 7 and a fee in pursuance of regulation 9, the last-mentioned fee is not payable to him but he is entitled to be paid, in respect of that day, a fee of an amount equal to the amount of the fee that would have been payable to him in pursuance of regulation 7 if he had attended a meeting of the Commission throughout the duration of any period or periods on that day during which he—

(c) attended a meeting of the Committee; or

(d) was engaged (whether in Australia or overseas), with the approval of the Commission, on business of the Committee.

Travelling allowance for members of Committees.

“ 11. (1) Subject to regulation 12, where a member of a Committee appointed under section 17 of the Act, is, for the purpose of attending a meeting of the Committee or while engaged, with the approval of the Commission, on business of the Committee, necessarily absent overnight before 1 March 1975, from the city or town in which he normally resides or, where he does not normally reside in a city or town, the place at which he normally resides, travelling allowance in respect of the period of absence is payable at the rate of $28 per day.

“ (2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.

Members of Committee allowances in respect of duties performed outside Australia.

“ 12. (1) Where a member of a Committee appointed under section 17 of the Act is engaged outside Australia and the Territories, with the approval of the Commission, on business of the Committee, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Australian Public Service and were included in the Second Division.

“ (2) Where a member of a Committee appointed under section 17 of the Act is entitled to be paid travelling allowance in respect of a period under sub-regulation (1), he is not entitled to be paid travelling allowance in respect of that period under regulation 11.

Prohibition against double travelling allowance.

“ 13. Where a person who is—

(a) a member of a Committee appointed under section 17 of the Act; and

(b) the Chairman, the Deputy Chairman or a part-time Commissioner,

is entitled to be paid, in respect of a period, travelling allowance under regulation 4 or 6, he is not entitled to be paid travelling allowance in respect of that period under regulation 11 or 12.”.

Application.

2. The amendment effected by regulation 1 shall be deemed to have come into operation on 17 December 1974.

Overview

Statutory Rules 1976 No. 88, enacted under the Social Welfare Commission Acts 1973, addresses the need to regulate fees and allowances for members of committees and part-time commissioners within the Social Welfare Commission. This legislative instrument was introduced to ensure fair and transparent remuneration practices for those involved in the administration of social welfare programs. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Executive Council, and it came into operation on 17 December 1974. The policy objective underpinning this legislation is to prevent double entitlements and to establish clear guidelines for the payment of fees and allowances, thereby ensuring that members are compensated appropriately for their time and travel related to their duties.

Scope and Application

The Social Welfare Commission Regulations 1976, made under the Social Welfare Commission Acts 1973, apply to members of Committees and part-time Commissioners appointed under the Act. These regulations outline the fees, allowances, and prohibitions against double entitlement for part-time Commissioners who are also members of Committees. The geographic reach of these regulations is national, as they pertain to activities conducted both within Australia and overseas, provided they have the approval of the Commission. The fees and allowances specified are applicable to committee members regardless of where they are engaged in committee business, reflecting a broad jurisdictional application. Notably, the regulations do not specify exclusions or thresholds beyond the stipulated fees and allowances for various durations and conditions of service. The application of these regulations is extended through subordinate instruments to ensure comprehensive coverage of the intended provisions.

Key Provisions

The key provisions introduced by these regulations under the Social Welfare Commission Acts 1973 primarily concern fees, allowances, and prohibitions against double entitlements for members and part-time Commissioners of Committees appointed under the Act. Regulation 9 outlines the fees payable to the Chairman and other members of a Committee for attending meetings or being engaged in Committee business before 1 March 1975, with different rates depending on the duration of attendance or engagement. Regulation 10 prevents part-time Commissioners who are also Committee members from receiving double fees by adjusting their entitlement to a single fee based on the equivalent of attending a Commission meeting for the entire day. Regulation 11 provides a travelling allowance for Committee members who are absent overnight for Committee business, while Regulation 12 extends this allowance to Committee members engaged in business outside Australia, aligning their entitlements with those of Second Division officers in the Australian Public Service. Regulation 13 prohibits Committee members who are also Chairmen, Deputy Chairmen, or part-time Commissioners from receiving double travelling allowances. These regulations impose specific obligations on the parties involved, requiring Committee members to accurately report their attendance and engagement durations to ensure proper fee calculation. They also require part-time Commissioners and Committee members to declare any overlap in their roles to prevent double entitlements. Furthermore, the regulations mandate that any travel undertaken for Committee business must be approved by the Commission, and members must report their overseas engagements to receive appropriate allowances. Breaches of these regulations may result in financial discrepancies or improper payments, which could be subject to administrative review or correction. While the regulations themselves do not explicitly state specific penalties for non-compliance, any resulting improper payments could lead to financial audits, recovery of funds, or other administrative actions under the general provisions of the Social Welfare Commission Acts 1973. The seriousness of any breaches could also potentially lead to more severe consequences if they are found to involve intentional misconduct.

Legal classification tags

Area of Law
Social Welfare Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees
Travelling Allowance
Allowances

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.