Social Welfare Commission Regulations

Legislation au C1974L00063 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 63

REGULATIONS UNDER THE SOCIAL WELFARE COMMISSION ACT 1973.*

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

Dated this nineteenth day of April, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

BILL HAYDEN

Minister of State for Social Security.

______

SOCIAL WELFARE COMMISSION REGULATIONS

Citation.

1. These Regulations may be cited as the Social Welfare Commission Regulations.

Interpretation.

2. (1) In these Regulations, “the Act” means the Social Welfare Commission Act 1973.

(2) In these Regulations, references to a part-time Commissioner shall, be read as references to such a person who is not a member of the Parliament of Australia or of a State or an. officer of the Australian Public Service.

Remuneration of Chairman.

3. In respect of any period of office before 1 January 1975—

(a) the rate of remuneration payable to the Chairman is $25,000 per year and the rate of annual allowance payable to the Chairman is $1,200 per year; and

(b) the rate of remuneration payable to the Deputy Chairman is $18,995 per year.

Travelling allowance.

4. (1) Subject to sub-regulation. (3), where—

(a) the Chairman, or the Deputy Chairman, is, in the course of performing his duties, necessarily absent overnight from Canberra; or

(b) a part-time Commissioner is, in the course of performing his duties, necessarily absent overnight from the city in which he normally resides,

travelling allowance is payable to him in accordance with this regulation.

(2) Travelling allowance in respect of a period of absence is payable to the Chairman at the rate of $34 per day and to the Deputy Chairman, or a part-time Commissioner, at a rate of $28 per day.

 

* Notified in the Australian Government Gazette on 19 April 1974


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

Other allowances in respect of service in Australia.

5. Subject to regulation 6, the Chairman and the Deputy Chairman are entitled to be paid—

(a) in the case of the Chairman—such allowances, other than travelling allowance and annual allowance, as would be payable to him if he were the Permanent Head of a Department and in receipt of salary equal to the salary payable to the Director-General of Social Security; and

(b) in the case of the Deputy Chairman—such allowances, other than travelling allowance, as would be payable to him if he were an officer of the Australian Public Service and were included in the Second Division.

Allowances in respect of service outside Australia.

6. (1) Where the Chairman, or the Deputy Chairman, performs duties outside Australia and the Territories not forming part of Australia, he is entitled to be paid such allowances as he would be entitled to be paid—

(a) in the case of the Chairman—if he were the Permanent Head of a Department and in receipt of salary equal to the salary payable to the Director-General of Social Security; and

(b) in the case of the Deputy Chairman—if he were an officer of the Australian Public Service and were included in the Second Division.

(2) Where the Chairman, or the Deputy Chairman, 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 4.

Remuneration or part-time Commissioners.

7. (1) There is payable to a part-time Commissioner in respect of each day on which he attends a meeting or meetings of the Commission—

(a) if the duration of the meeting or meetings is less than three hours— a fee of $20; or

(b) in any other case—a fee of $35.

(2) Subject to sub-regulation (3), there is payable to a part-time Commissioner in respect of each day on which he is engaged, with the approval of the Commission, on business of the Commission—

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

(b) in any other case—a fee of $35.

(3) Where a part-time Commissioner—

(a) attends, on a day, a meeting or meetings of the Commission; and

(b) is also, on the same day, engaged, with the approval of the Commission, for a period on other business of the Commission,

a fee is not payable to him in accordance with sub-regulation (2) in respect of the period referred to in paragraph (b) but the fee payable to him in respect of that day in accordance with sub-regulation (1) is the fee that would be payable to him in respect of that day if, on that day, he had, in addition to the meeting or meetings referred to in paragraph (a), also attended a meeting of the Commission during the period referred to in paragraph (b).

Application.

8. These Regulations shall be deemed to have applied to a person who is the Chairman, Deputy Chairman or a part-time Commissioner on and from the date of his appointment as the Chairman, the Deputy Chairman or a part-time Commissioner as the case may be.

Overview

The Social Welfare Commission Regulations 1974 were made under the Social Welfare Commission Act 1973 with the objective of providing detailed rules for the remuneration and allowances of the Chairman, Deputy Chairman, and part-time Commissioners of the Social Welfare Commission. Enacted by the Parliament of Australia, these regulations address the need for a structured framework governing the compensation and benefits for individuals involved in the administration and oversight of social welfare programs. The policy objective is to ensure that the remuneration and allowances are competitive and commensurate with the responsibilities of these roles, thereby attracting and retaining qualified personnel. The regulations specify the rates of remuneration and allowances for the Chairman, Deputy Chairman, and part-time Commissioners, including distinctions for service within and outside Australia. For instance, they outline the daily travelling allowance for the Chairman and Deputy Chairman when they are away from their usual place of residence due to their duties, and provide for additional allowances when they perform their duties outside Australia. Furthermore, the regulations detail the fees payable to part-time Commissioners based on the duration of their attendance at meetings or engagement in Commission business. These provisions aim to ensure clarity and consistency in the compensation structure for the members of the Social Welfare Commission.

Scope and Application

The Social Welfare Commission Regulations, made under the Social Welfare Commission Act 1973, apply to the Chairman, Deputy Chairman, and part-time Commissioners of the Social Welfare Commission. These Regulations cover the remuneration and allowances for the Chairman, Deputy Chairman, and part-time Commissioners, governing their pay rates, allowances for travel, and other benefits both within and outside Australia. The Regulations also detail the circumstances under which these payments are made, such as during the course of performing their duties or attending meetings. The application of these Regulations is deemed to commence from the date of appointment of the Chairman, Deputy Chairman, or part-time Commissioner. The Regulations extend to provide for various allowances and payments, but do not explicitly mention any exclusions, exemptions, or thresholds. Additionally, the Regulations may be further defined or extended through subordinate instruments as necessary.

Key Provisions

The Social Welfare Commission Regulations (C1974L00063) are a set of rules made under the Social Welfare Commission Act 1973. These Regulations outline various allowances and remuneration for the Chairman, Deputy Chairman, and part-time Commissioners of the Social Welfare Commission. For example, the Chairman’s annual remuneration is set at $25,000 per year with an additional annual allowance of $1,200 (section 3(a)). The Deputy Chairman's annual remuneration is $18,995 per year (section 3(b)). These regulations also detail the travelling allowances for the Chairman, Deputy Chairman, and part-time Commissioners when they are necessarily absent overnight from their respective locations while performing their duties (section 4). Furthermore, allowances for service within and outside Australia are specified, with particular reference to the allowances that would be payable if the Chairman or Deputy Chairman were equivalent to the Director-General of Social Security or an officer of the Australian Public Service, respectively (sections 5 and 6). These Regulations impose specific obligations on the parties they govern. The Chairman, Deputy Chairman, and part-time Commissioners must comply with the prescribed rates of remuneration and allowances as outlined in the Regulations. For instance, part-time Commissioners must ensure they are compensated appropriately for their attendance at meetings or engagement in Commission business, depending on the duration of their involvement (section 7). The regulations also mandate that these allowances and remuneration apply retroactively from the date of appointment of the respective officials (section 8). Additionally, the Commission must approve any engagement of part-time Commissioners on business outside of meetings, and the applicable fees must be calculated according to the stipulated rates (section 7(3)). Failure to comply with the provisions of these Regulations may result in legal consequences. Although the Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any breaches of the Social Welfare Commission Act 1973 or its subordinate legislation could potentially lead to legal action under the principal Act. It is important to note that any financial misallocations or non-payment of the specified allowances and remuneration could be subject to audit and corrective measures by the relevant authorities.

Legal classification tags

Area of Law
Social Welfare Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Remuneration of Chairman
Travelling allowance
Other allowances in respect of service in Australia

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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.