Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION (ALLOWANCES) REGULATIONS1992 NO. 434

Statutory Rules 1992 No. 434

Issued by the Authority of the Minister for Industrial Relations

National Occupational Health and Safety Commission Act 1985

National Occupational Health and Safety Commission (Allowances) Regulations

Section 67 of the National Occupational Health and Safety Commission Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 6 of the Act establishes the National Occupational Health and Safety Commission (the Commission).

Part III of the Act provides for the constitution and meetings of the Commission.

Section 10 provides that the Commission consists of a Chairperson, the Chief Executive Officer and 16 other members. Section 11 of the Act provides for the appointment of alternates of members of the Commission.

Subsection 18(2) provides that the regulations may provide for payment of allowances for expenses which have been incurred by members of the Commission.

Part IV of the Act provides for the establishment of the Executive, committees and working parties of the Commission.

By virtue of section 20 of the Act, which establishes the Executive as a committee of the Commission, members of the Executive are also members of the Commission.

Section 25 of the Act provides for establishment of committees of the Commission, other than the Executive.

Section 26 similarly provides for the establishment of working parties.

Subsection 28(2) provides that the regulations may provide for payment of allowances of expenses which have been incurred by members of the Executive, committees and working parties of the Commission.

The National Occupational Health and Safety Commission (Allowances) Regulations (the Regulations) prescribe travelling allowances for members. The Regulations were originally made in 1985.

Prior to the current Regulations which have been made, the 1985 Regulations had provided that members of the Commission, the Executive, a committee or a member of a working party who was also a member of the first three categories of member which had been prescribed, were to be paid travelling allowance at the SES rate while on Commission, Executive, committee or working party business.

They had provided that members of working parties, who were not members of the bodies referred to in the preceding paragraph, while travelling on working party business were entitled to travelling allowances at the non-SES rate payable to public service officers.

An alternate to a Commission member had been entitled to the SES rate of travelling allowance.

The 1985 Regulations had further provided that members of the Commonwealth and State Parliaments, Commonwealth employees or persons employed by a Commonwealth authority were not covered by the Regulations.

A number of changes were proposed to the 1985 Regulations to bring them into line with the policy of the Commission in relation to travelling allowances. The policy is that the SES rate of travelling allowance is to be paid only to members of the Commission (and their alternates, while on Commission business) and members of the Executive while attending Commission, Executive, committee or working party business. Persons who are not members of the Commission (and the Executive), are to be paid the non-SES rate of travelling allowance.

The Regulations now contain provisions reflecting this policy, as follows:

Regulation 1 cites the Regulations.

Regulation 2 defines committee to mean a committee constituted under section 25 of the Act.

Regulation 3 prescribes allowances payable for expenses.

Subregulation 3(1) prescribes rates of travelling allowances for members of the Commission attending to business of the Commission, the Executive, committees and working parties at the rate paid to public service officers of the SES. It is unnecessary to prescribe allowances for member of the Executive as a separate group.

Subregulation 3(2) prescribes rates of travelling allowances for members of working parties and committees, who are not also members of the Commission, at the rate payable to nonSES officers of the public service.

Subregulation 3(3) provides that an alternate to a member of the Commission, while attending a meeting of the Commission as an alternate to a member, is to the paid travelling allowance at the SES rate.

Subregulation 3(4) provides that subregulations 3(1) and (2) do not apply to members of the Commonwealth, State or Territory Parliaments; or to an officer of the Commonwealth or a Commonwealth authority.

By virtue of regulation 4 the 1985 Regulations have been repealed.