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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out the employment rules for civil staff of the Department of Air: who may be hired, appointment and probation rules, duties, hours, discipline, pay (including index‑linked adjustments), leave, travel and retirement. They prescribe pay scales, overtime, allowances and procedures for transfers and removals.
They apply to all ‘officers’ and ‘employees’ engaged in civil capacities with the Air Force and vest broad administrative decision‑making in the Minister and the Secretary; the Commonwealth pays authorised salaries and allowances and staff must comply with detailed record‑keeping and certification requirements.
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Direct links to the current provisions in Air Force (Civil Staff) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1942. No. 121.
REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1941.
Dated this Eleventh
day of March , 1942.
Governor-General.
By His Excellency’s Command,
Minister of State for Air.
AIR FORCE (CIVIL STAFF) REGULATIONS.
Part I.—Preliminary.
Citation.
Parts.
Part I.—Preliminary.
Part II.—Administration.
Part III.—Appointment of Officers.
Part IV.—Attendance and Duties of Officers and Employees.
Part V.—Pay, Allowances, &c.
Part VI.—Holidays and Leave of Absence.
Part VII.—Travelling Allowances and Removal Expenses.
Part VIII.—Miscellaneous.
Definitions.
“Air Force establishment” means Air Force Head-quarters or a unit of the Air Force within the meaning of Air Force Regulations.
* Notified in the Commonwealth Gazette on , 1942
4861.—16/5.6.1941.—price 1S. 6d.
“employee” means a person other than an officer who is employed in a civil capacity in connexion with the Air Force;
“Military (Civil Employment) Regulations” means the Military (Civil Employment) Regulations made under section 63 (1) (2) of the Defence Act 1903-1915, being Statutory Rules 1916, No. 43, as amended from time to time;
“officer” means a person whose employment in a civil capacity for any purpose in connexion with the Air Force is authorized, and who is appointed, by the Governor-General in pursuance of section 63 of the Defence Act 1903-1939 in its application to the Air Force;
“officer-in-charge” means the officer appointed by the Secretary to be an officer-in-charge of an Air Force establishment and, in respect of Air Force Head-quarters, means the Secretary;
“returned soldier” means any person who enlisted prior to the eleventh day of November, 1918, and served in the war with satisfactory record in any expeditionary force raised under the provisions of the Defence Act 1905-1918 and includes—
(a) a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia during the war;
(b) any member of the Naval Forces of the Commonwealth who was during the war on active service outside Australia or on a ship of war;
(c) any person who, during the war, was employed as a radio telegraphist in the transport service in connexion with any such expeditionary force, and who, while so employed, served in the zone of war; and
(d) any person who was born in Australia, or resident in Australia within six months prior to enlistment who, at any time during the war, served with satisfactory record in a naval or military expeditionary force raised in the United Kingdom or in any British Dominion;
“Service” means service of the Department under these Regulations;
“the Department” means the Department of Air;
“the Secretary” means the officer appointed to be Secretary to the Department of Air or other officer for the time being performing the duties of that office;
“the War” means the war which commenced on the fourth day of August, 1914.
Delegation by Minister.
4.—(1.) The Minister may delegate any of his powers and functions under these Regulations (except this power of delegation) in relation to any matters or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.
(2.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.
Part II.—Administration.
Responsibility and authority of Secretary.
5.—(1.) The Secretary shall be responsible for the general administration of persons employed in a civil capacity in connexion with the Air Force and may, where not otherwise provided in these Regulations, determine rates of pay, allowances, leave and any other matters affecting an officer or employee.
(2.) The Secretary may delegate any of his powers and functions under these Regulations (except this power of delegation) in relation to any matters or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.
(3.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Secretary.
Responsibility of officer-in-charge.
Authority of officer-in-charge.
Liability incurred on behalf of Government.
Excess officers— transfer or retirement of.
9. If, at any time, an officer-in-charge finds that the number of officers under his control is greater than the business demands, or can be reduced through re-arrangement of duties or improved method of working, he shall report forthwith accordingly. The report shall be transmitted to the Secretary, and the Secretary may transfer an excess officer to some other position of equal salary, and if no position of equal salary is available which the excess officer is considered by the Secretary to be competent to fill, the officer may be transferred to a position of lower salary and, if no such position is available, the Governor-General may, on the recommendation of the Minister, retire the officer from the Service.
Transfer of officers and employees.
Application of Regulations to Temporary Employees.
11. The provisions of these Regulations relating to an officer shall apply to an employee excepting regulations 27, 29, 63, 64, 66, 67, 68 and where otherwise prescribed:
Provided that the provisions of regulations 59 and 60 shall apply only to an employee who commenced employment prior to 2nd July, 1924, under the Military (Civil Employment) Regulations.
Engagement of employees.
12. Employees shall be temporarily engaged and their engagements may be terminable without notice on either side, provided that an employee engaged under agreement shall be subject to the terms of such agreement. Employment in a temporary capacity shall not establish any claim to permanent employment.
Temporary employment of returned soldiers.
13. Notwithstanding anything contained in these Regulations, a returned soldier whose name is enrolled for temporary employment shall, if competent for the work required, be considered for temporary employment in priority to any person who is not a returned soldier.
Awards under Arbitration (Public Service) Act 1920-1934.
14. Where, in any determination under the Arbitration (Public Service) Act 1920-1934, rates of pay or conditions of employment are prescribed in relation to any officer or class of officers, or employee or class of employees, those rates of pay or conditions of employment, or any of those rates or conditions, may be applied to any other officer or class of officers, or employee or class of employees, as the Secretary determines.
Employment under agreement.
15.—(1.) Notwithstanding anything contained in these Regulations, the Minister may employ any person on such conditions, at such rate of pay, and for such period, not exceeding five years, as are determined by agreement in writing between the Minister and the person.
(2.) Any person employed under this regulation shall upon the expiration of the period for which he is engaged, be eligible for reemployment under this regulation.
Part III.—Appointment of Officers.
General conditions.
16.— (1.) No person shall be admitted to be an officer of the Service unless—
(a) he is a natural-born or naturalized British subject;
(b) he produces when required—
(i) a properly certified extract from an official register of births, or other evidence of age satisfactory to the Secretary; and
(ii) a certificate from a duly qualified medical practitioner of sound bodily health and freedom from physical defect, containing satisfactory answers to such detail questions as the Secretary specifies:
Provided that a returned soldier may be appointed to the Service although not free from such physical defects as might incapacitate him for the efficient discharge of the duties of the position to which he is to be appointed:
Provided further that, when so directed, the medical certificate shall be obtained from a medical practitioner nominated by the Secretary;
(c) he has, except as otherwise provided in these Regulations, successfully passed such entrance examination as is approved by the Secretary; and
(d) he makes and subscribes an oath or affirmation in the following form:—
Oath.
I, A.B., do swear that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom. So help me, God!
Affirmation.
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
Appointments on probation.
17.—(1.) Except as hereinafter provided, every person admitted to the Service shall in the first instance be appointed on probation only, and may be continued on probation for a period of six months, but his services may be dispensed with at any time during that period.
(2.) After the period of six months on probation has expired, the Governor-General may confirm or annul the appointment, or extend the period of probation for a further period, provided that the whole term of probation shall not in any case exceed twelve months.
(3.) The Governor-General may at any time during an extended period of probation confirm or annul the appointment.
(4.) Upon the expiration of the extended period of probation of any probationer whose appointment has not been confirmed or annulled under the provisions of the last preceding sub-regulation, the Governor-General may confirm or annul the appointment.
(5.) Unless otherwise directed by the Governor-General, annulment of appointment shall take effect from the date on which the probationer ceases to perform the duties of the office.
(6.) Unless otherwise determined by the Governor-General, no probationer whose appointment has been annulled shall be eligible as a probationer at any time within twelve months from the date of the annulment.
Appointment without probation.
18.—(1.) If at any time it appears expedient or desirable in the interests of the Department to appoint a person from outside the Service or an employee to be an officer, the Governor-General may appoint such person accordingly without either examination or probation, and without regard to age.
(2.) No such appointment shall be made until the Secretary has certified that in his opinion there is no officer available in the Service who is capable of filling the position to which it is proposed that the appointment shall be made.
(3.) In making any appointment under this regulation preference shall, subject to competency, be given to returned soldiers.
Gazette.
19. Notice of every appointment, promotion, retirement, dismissal or resignation of officers under these Regulations shall be published in the Gazette.
Part IV.—Attendance and Duties of Officers and Employees.
Hours of duty, &c.
20.—(1.) A week’s duty shall be reckoned as 44 hours, provided that the Secretary may determine that more or less than 44 hours may be reckoned as a week’s duty.
(2.) The hours of attendance of officers and employees shall be determined by the Secretary from time to time.
(3.) Officers or employees may be required to perform public duty beyond the usual hours, wherever it is necessary to bring up arrears of work or to meet any temporary pressure of business.
Recording of attendance.
21.—(1.) Every officer and employee shall record daily, in such manner as the Secretary directs, the actual time of his arrival on duty and of his departure therefrom.
(2.) Any person failing to comply with any direction of the Secretary in this respect and any person discovered irregularly recording the attendance of any other person shall be deemed to have committed a breach of these Regulations.
Irregularity of attendance by employees.
22. Any employee arriving at his work after the time determined under regulation 20 may have his time stopped for such period as is determined by the Secretary.
Absence from duty.
23. An officer or employee shall not be absent from duty during his hours of attendance, except by express permission of the officer-in-charge or head of his branch, or unless reasonable cause be shown. If any officer or employee is prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of his branch to the officer-in-charge, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the officer-in-charge considers necessary.
Deduction of pay for absence without leave.
Performance of work outside Government Service.
25. An officer or employee, except with the express permission of the Secretary, after report by his officer-in-charge shall not—
(a) accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation;
(b) accept or continue to hold or discharge the duties of, or be employed in, a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm or individual;
(c) engage in or undertake any such business, whether as principal or agent;
(d) engage or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any person, firm or company who or which is so engaged;
(e) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or
(f) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages or allowances, for services performed by him, either in or out of office hours, in connexion with the Government service:
Provided that nothing herein contained shall be deemed to prevent an officer or employee from be
This is an opening excerpt, not the complete document.