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Post-graduate Legal Training (Allowances) Regulation 1981

Post-graduate Legal Training Act 1972
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 168.

Post-graduate Legal Training (Allowances) Regulation 1981

ARRANGEMENT OF SECTIONS.

Post-graduate Legal Training (Allowances) Regulation 1981

MADE under the Post-graduate Legal Training Act 1972.

Dated                   200 .

1. INTERPRETATION.

In this Regulation, “allowance” means a living allowance paid to a trainee.

2. ELIGIBILITY.

(1) Subject to Subsection (2), a trainee who is a citizen is eligible for an allowance for the period of the course in each year commencing on the date of assembly for the course and ending–

(a) on the date of admission in accordance with the Admission Rules; or

(b) where a trainee is required to carry out additional work after completion of the course and the Council so directs–on the date the Council certifies completion under Section 17 of the Act, being not later than 31 January in the year next following the course,

whichever is the later.

(2) A trainee who is–

(a) sponsored by the State or a person or body; or

(b) attending as a part-time trainee; or

(c) a student in accordance with Paragraph (b) of the definition “candidate for admission” in Section 1 of the Act,

is not eligible for an allowance.

3. PAYMENT OF ALLOWANCE.

(1) Subject to Subsection (2), an allowance shall be–

(a) calculated on a daily basis; and

(b) paid fortnightly in arrears; and

(c) subject to deductions in accordance with Section 5.

(2) The Director may, at his discretion and in circumstances that are, in the opinion of the Director, of need or emergency, make an advance of an allowance or part of an allowance, not exceeding at any one time the total of a fortnightly payment.

4. RATE OF ALLOWANCES.

(1) The rate of allowances shall be fixed in relation to the net salary received by a married person with two children at the base level of a Clerk Class 3 in the Public Service.

(2) The rate of allowances fixed under Subsection (1) shall be varied from time to time in accordance with cost of living adjustments paid to officers of the Public Service at the level referred to.

5. DEDUCTIONS.

The Director may make deductions from allowances in respect of–

(a) non-attendance by a trainee unless such non-attendance is–

(i) for a reason and for a period approved by the Director; or

(ii) on account of illness, and where such non-attendance exceeds three days, the trainee furnishes to the Director a certificate in respect of that illness from a medical practitioner; and

(b) deposits for the use of books, keys and other facilities provided by the Institute for the use of trainees; and

(c) messing and accommodation fees payable to a hostel or institution providing those services to trainees by arrangement with the hostel or institution and the trainee; and

(d) telephone calls made, or other miscellaneous expenses incurred, by the Institute on behalf of a trainee.

Office of Legislative Counsel, PNG