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.
Signature
Governor-General.
By His Excellency’s Command,
Signature
Minister of State for Air.
AIR FORCE (CIVIL STAFF) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Air Force (Civil Staff) Regulations.
Parts.
These Regulations are divided into Parts, as follows:—
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.
In these Regulations, unless the contrary intention appears—
“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—
Section 1 - Air Force (Civil Staff) Regulations - Air Force (Civil Staff) Regulations | Zoe
(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.
Each officer-in-charge shall be responsible for the direction and supervision of the staff of the Air Force establishment under his control, and that the members of such staff duly fulfil the duties assigned to them, that discipline is maintained, and that the provisions of all relevant Acts and Regulations and orders of the Secretary are strictly observed.
Authority of officer-in-charge.
Each officer-in-charge is authorized to approve of the performance of overtime and of duty on Sundays or holidays and to take such action in respect of the staff under his control, as is determined from time to time by the Secretary.
Liability incurred on behalf of Government.
An officer or employee shall not, unless duly authorized in that behalf, incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.
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.
The Secretary may, where expedient, transfer an officer from one position to another and may authorize the officer-in-charge to transfer an employee from one position to another.
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.
Where an officer or employee is absent without leave there shall be deducted from his salary or wages his pay for each day or part of a day of his absence.
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 becoming a member or shareholder only of any incorporated company, or of any company or society of persons registered under any law for the time being in force in any State or Territory, but an officer or employee shall not take any part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.
Officer or employee to give evidence when required.
26.—(1.) An officer or employee who, by notice in writing signed by the Secretary or his officer-in-charge, is required to give evidence upon any subject of inspection, inquiry or investigation shall attend to give evidence at the time and place specified in the notice.
(2.) An officer or employee appearing before the Secretary or his officer-in-charge (whether notified to attend or attending voluntarily) shall answer all questions asked him pertinent to the inspection, inquiry or investigation, and shall produce all official or public books, documents or writings in his control, which he is required to produce.
(3.) An officer or employee shall not be compelled to answer any question tending to incriminate him.
Punishment for officers.
An officer who—
(a) commits any breach of these Regulations;
(b) does or says anything in violation of the oath or affirmation made and subscribed by him in the form in regulation 16 of these Regulations; or
(c) is negligent or careless in the discharge of his duties;
(d) is inefficient or incompetent through causes which appear to be within his own control;
(e) uses intoxicating liquors or drugs to excess; or
(f) is guilty of any disgraceful or improper conduct, either in his official capacity or otherwise,
shall be guilty of an offence, and such offence shall be reported forthwith to the Secretary by the officer-in-charge, and the Secretary may call upon the officer for an explanation as to the alleged offence and if, on consideration of the explanation, the officer is deemed to have committed the offence, may—
(i) fine him any sum not exceeding Five pounds;
(ii) reduce his salary;
(iii) reduce him to a lower position;
(iv) transfer him to some other position, which transfer may be in addition to fine or reduction; or
(v) recommend to the Minister that he be dismissed from the Service, and the Governor-General may, on the recommendation of the Minister, dismiss him accordingly.
Sequestration of estate.
28.—(1.) If the estate of an officer is sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, he shall, within seven days of the date of the sequestration order, give to his officer-in-charge written notice thereof, together with a statement of the causes of his financial embarrassment.
(2.) The officer-in-charge shall forward the notice and statement, with any remarks he desires to make thereon, to the Secretary.
(3.) Upon being granted a certificate of discharge by a Court of Bankruptcy, an officer shall submit the certificate through his officer-in-charge to the Secretary.
Bankrupt officers.
29.—(1.) If the estate of an officer is sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, he shall apply, as soon as he may legally do so, to a Court of Bankruptcy for a certificate of discharge.
(2.) If it appears to the Court that the applicant has been guilty of fraud, dishonorable conduct or extravagance, the Court shall direct the Registrar of the Court to report the same to the Secretary.
(3.) If the officer does not apply for a certificate of discharge, or if he applies, and it appears from the report of the Registrar that he has been guilty of fraud, dishonorable conduct or extravagance, the officer shall be deemed to have committed a breach of these Regulations
Attachment of salary.
30.—(1.) Where judgment has been given by any court against any officer or employee for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Paying Officer a copy of the judgment, certified under the hand of the Registrar or other proper officer of the court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.
(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Paying Officer shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Paying Officer, whether the judgment has been satisfied, and if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3.) If the officer or employee fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied, the Paying Officer may from time to time deduct from any moneys due to the officer or employee such sums as are in his opinion necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums and shall pay, or direct the payment of, those sums to the judgment creditor:
Provided that in no case shall a deduction be made which will reduce the amount to be received by the officer or employee to less than two pounds per week, or to less than one-third of the amount which would, but for the provisions of this regulation, be payable to the officer or employee.
(4.) Where more than one judgment and statutory declaration are served upon a Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.
(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commonwealth and the officer or employee, be deemed to be a payment by the Commonwealth to the officer or employee.
(6.) A person to whom any payment has been made in pursuance of this regulation shall notify the Paying Officer immediately a judgment debt, in respect of which the payment was made, is satisfied.
Penalty: Twenty pounds or imprisonment for three months.
(7.) If any payment made in pursuance of this regulation exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction.
(8.) The foregoing provisions of this regulation shall not apply in relation to any officer or employee whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.
(9.) In this regulation, “the Paying Officer” means such officer as the Secretary appoints as Paying Officer for the purposes of this regulation.
Deduction of pecuniary penalty from salary.
31.—(1.) On receipt of notice of any pecuniary penalty imposed upon, or any order for the payment of money made against, any officer under the authority of these Regulations, the officer who pays the salary, wages or pay of the officer so punished or against whom the order is made, shall deduct from any salary, wages or pay payable to the officer the amount of the penalty, or the sum ordered to be paid, as the case requires, unless he is satisfied that payment has been made by the officer or employee.
(2.) The deduction may be made by instalments equal as nearly as practicable to one-fourth of the salary, wages or pay due from time to time to the officer.
(3.) All fines and penalties imposed under these Regulations shall be paid into and form part of the Consolidated Revenue.
Officer convicted of criminal offence.
32.—(1.) Where an officer is charged with having committed any criminal offence against any law of the Commonwealth or of a State or of a Territory, punishable either on indictment or on summary conviction, he may be suspended by the Secretary.
(2.) If the officer is found guilty of the offence, the Secretary may (whether the officer has been suspended or not) reduce him to a lower position and salary, or reduce his salary, or inflict such other punishment as the case demands, or the Governor-General may dismiss him from the service.
(3.) Any officer who is so suspended or dismissed shall not, unless the Secretary otherwise directs, receive any salary from the date upon which, or for the period during which, he ceased to perform the duties of his office.
(4.) The Secretary may at any time remove the suspension of any officer suspended under this regulation, whether before or after conviction.
(5.) Nothing in this regulation shall prevent an officer from being dealt with under some other provision of these Regulations, but an officer shall not be punished under these Regulations twice in respect of the same offence on matter.
Suspension on account of insobriety, &c.
33. If an officer or employee in charge or sub-charge observes at any time that any person under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, he shall temporarily suspend such person from duty, and immediately report the matter to the officer-in-charge.
Prior service counted for continuous service.
34. Where an officer or an employee employed in a permanent capacity in the Public, Railway or other Service of the Commonwealth or of a State, is transferred or appointed to be an officer under these Regulations, all continuous service of such officer or employee under the State or Commonwealth shall be reckoned as service under these Regulations.
Report on officer on attainment of 60 years of age.
35. When an officer attains the age of 60 years, the officer-in-charge shall report for the information of the Secretary whether such officer is willing and fit to continue to perform the duties of his position or whether he should be retired from the Service.
Return of officers over 60 years of age.
36.— (1.) The officer-in-charge shall furnish to the Secretary, in the month of April each year, a return of officers who have attained the age of 60 years or over, together with a report in each case as to whether the officer is able and willing to continue to perform his duties.
(2.) If the officer-in-charge is of the opinion that any such officer should be retired on account of inability to perform his duties he shall recommend accordingly, stating his reasons for so doing.
Retirement of officers attaining the age of 60 years.
37.—(1.) An officer having attained the age of 60 years shall be entitled to retire from the Service if he desires so to do, but such an officer may, unless retired as hereinafter provided, continue in the Service until he attains the age of 65 years.
(2.) If an officer continues in the Service after he has attained the age of 60 years, he may at any time before he attains the age of 65 years be retired by the Secretary.
(3.) Where an officer has attained the age of 65 years and in the opinion of the Secretary it is desirable in the interests of the Commonwealth that the officer should continue in the Service, and the officer is willing and able to do so, the Minister may, on the recommendation of the Secretary, direct that the officer shall continue in the Service for a fixed time not exceeding twelve months, otherwise every officer on attaining the age of 65 years shall retire from the Service.
Discharge of employees on attaining the age of 65 years.
38. An employee shall be discharged from the Service on his attaining the age of 65 years, provided that the Secretary may, in exceptional circumstances, recommend and the Minister may permit the employee to continue in the Service for a fixed time not exceeding twelve months.
Obligations of officers or senior employees.
39. An officer or employee in charge of a sub-department, branch, or minor division of an Air Force establishment, shall be accountable for the maintenance of good order, shall afford the utmost aid and support to the officer-in-charge, and shall report to the officer-in-charge any breaches of these Regulations which come to his knowledge.
Applications from officers or employees.
An application from an officer or employee upon any matter affecting his position shall be made by the applicant himself through the head of his branch to the officer-in-charge. Where, in exceptional cases, an officer or employee desires to communicate with the Secretary, the communication shall be addressed, and shall be forwarded by the officer-in-charge to, the Secretary, with any remarks considered necessary.
Performance of duties.
41. An officer or employee shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all relevant acts, regulations, and authoritative instructions, made or issued for his guidance in the performance of his duties.
Subordination of officers or employees.
42. An officer or employee shall obey promptly all instructions given to him by his officer-in-charge or by the officer or employee under whose immediate control or supervision he is placed. If an officer or employee has ground of complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the officer-in-charge; but he shall, nevertheless, as far as possible, carry out any instructions which may be given to him until the same are countermanded by competent authority.
Incapacity of officers.
43. If an officer appears to the Secretary or the officer-in-charge to be incompetent or inefficient or to be unfit to discharge or incapable of discharging the duties of his office efficiently, the Governor-General may, on the recommendation of the Minister, retire such officer from the Service, or may transfer him to some other position with salary appropriate to such other position.
Official information not to be divulged.
44. Any officer or employee who, except in the course of his duty under these Regulations, directly or indirectly, communicates or divulges any information relating to any matter which comes to his knowledge in consequence of his official position shall be deemed to have committed a breach of these Regulations.
Outside influence prohibited.
An officer or employee is prohibited from seeking the influence or interest of any person outside the Service in order to obtain promotion, removal or other advantage. An officer or employee who considers that his claims for promotion or consideration have been overlooked may communicate with the Secretary in the manner prescribed by regulation 40 of these Regulations.
Damage to Government property.
46.—(1.) Officers and employees shall be held responsible for the careful use and preservation of all Commonwealth property in their possession, custody or care.
(2.) A person who carelessly or wilfully defaces or damages any building, wall, machine, tool, material or any other Commonwealth property, or who is unable to produce, when called upon, any Commonwealth property which is in his custody, shall be liable to pay the cost of any replacement necessary and any sum so ordered to be paid may be deducted from his salary, pay or wages.
Borrowing or lending money.
47. Any monetary transaction between officers or employees, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or borrowing money by officers or senior employees from their subordinates, is forbidden.
Part V.—Pay, Allowances, etc.
48.—(1.) Officers or employees occupying the following offices shall be paid salary within the limits specified opposite the respective offices:—
* Temporary employees of these designations shall be granted increments as provided in the relative determinations made under the Arbitration (Public Service) Act 1920-1934, i.e. £8 annually.
(2.) A draftsman shall not be advanced from Grade 1 to Grade 2 except upon evidence to the satisfaction of the Secretary of efficiency in the performance of duties justifying such advancement.
(3.) A machinist shall not be advanced beyond a salary of £210 per annum unless she passes a test approved by the Secretary and the Secretary is satisfied as to her efficiency and aptitude for the work.
(4.) Increments of salary shall be annual except where otherwise prescribed and no increment shall accrue to any salary until the officer or employee in receipt of the salary has received the salary for a period of twelve months.
(5.) The right to receive an increment in any year shall depend upon the good conduct, diligence and efficiency of the officer or employee and the period of attendance for duty during that year.
Variation of salary on account of variations in cost of living.
49.—(1.) For the purposes of this regulation, the term “index number” means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the “Court” series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration.
(2.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 81.7, salaries payable in pursuance of regulation 48 of these Regulations, shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of January (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—
(3.) If the index number falls below 67.9 salaries shall be further reduced on the basis indicated in sub-regulation (2.) of this regulation, that is to say, for each fall of 2.3 points in the index number, salaries shall be reduced by £6 per annum in the case of adult males; £4 per annum in the case of adult females; and £3 per annum in the case of officers or employees under 21 years of age.
(4.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 83.9, salaries payable in pursuance of regulation 48 of these Regulations, shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of
January (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—
(5.) If the index number rises above 97.7 salaries shall be further increased on the basis indicated in sub-regulation (4.) of this regulation, that is to say, for every rise of 2.3 points in the index number, salaries shall be increased by £6 per annum in the case of adult males, £4 per annum in the case of adult females, and £3 per annum in the case of officers or employees under 21 years of age.
(6.) The following amounts shall be added to salaries payable in pursuance of regulation 48 of these Regulations after variation, if any, has been made in accordance with the foregoing sub-regulations of this regulation:—
Officers or employees under 21 years of age.................
8
(7.) The amounts referred to in sub-regulation (6.) of this regulation shall be deemed for all purposes to be part of salary.
Employees paid under Arbitration Determination or State Awards.
An employee who is paid under the provisions of any arbitration determination or State award shall be dealt with for purposes of overtime, Sunday duty and travelling time, under the conditions of such determination or award. In the event of such determination or award containing no provision for overtime, Sunday duty or travelling time, the provisions of these Regulations shall apply.
Recording and payment of overtime.
51.—(1.) Overtime shall be recorded and paid to officers or employees in accordance with the conditions prescribed in any relative determination under the Arbitration (Public Service) Act 1920-1934 and, in the absence of any such determination, in accordance with such conditions as the Secretary directs, and subject to the provisions of these Regulations.
(2.) “Night work” shall be deemed to be work any portion of which is performed between 11.30 p.m. and 4 a.m.
(3.) “Broken shift” shall be deemed to be a shift in which any break exceeds two hours.
(4.) Where an officer or employee is required to work in alternating weeks or longer periods above and below the prescribed hours of duty, overtime shall be the aggregate time worked during such alternating periods in excess of the prescribed weekly hours multiplied by the number of weeks covered by such periods.
(5.) The hourly rate of overtime, based on time and a half, shall be calculated in accordance with the following formula:—
Formula
(6.) The hourly rate of pay for overtime shall be computed to two decimal points of a penny with a minimum rate, except where otherwise prescribed, of 1s. per hour. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each pay period.
(7.) An allowance paid to an officer or employee for the performance of higher duties, and allowances granted in such other cases as the Secretary determines, shall be regarded as salary for the purpose of computing overtime payment.
(8.) Where an officer or employee who has ceased work for the day is recalled for duty, such duty shall be recorded as overtime and shall include the time necessarily spent in travelling to the place of duty and returning to his home.
(9.) Where an officer or employee is required to perform, outside his usual hours, work for some Department or branch of a Department other than that to which he is attached, and that work is not paid for by allowance or payment of similar nature, the time worked by the officer or employee beyond the usual hours shall be regarded as overtime:
Provided that where the work is performed in connexion with another branch of his own Department, the approval of the Secretary shall be obtained to the application of the provisions of this sub-regulation.
(10.) Where an officer or employee in consequence of having worked overtime, is released from ordinary duty, there shall be deducted from any payment to be made for overtime the value, computed at the ordinary rate of pay, of the time during which he has been released from duty.
(11.) When overtime is computed on a weekly basis and an officer or employee is absent on one or more days or half-days during the week on authorized leave, or on account of public holidays or half-holidays, deductions as provided in this sub-regulation shall be made from the number of hours to be worked before overtime can be claimed:—
(a) In the case of an officer or employee whose daily hours of duty are clearly defined by regulation, schedule, or otherwise, the deduction shall be the time which the officer or employee would ordinarily have worked on those days or half days; or
(b) In the case of an officer or employee whose daily hours of duty vary with the volume of work to be performed, a deduction at the rate of one-twelfth for a public half holiday and one-sixth for a public holiday, and a corresponding reduction for authorized leave, shall be made:
Provided that, when a public holiday is proclaimed on a day on which an officer or employee would ordinarily be required to attend for only portion of a day, the deduction shall be the time which the officer or employee would ordinarily have worked on that day.
(12.) In respect of cases not provided for by this regulation, the Secretary may from time to time determine the conditions under which overtime shall be recorded and paid.
(13.) An officer or employee not working under close supervision, or whose hours of duty cannot be definitely determined, such as an Education Officer, Caretaker (in residence) , or Watchman, shall not be entitled to claim overtime except as prescribed in sub-regulation (9.) of this regulation, or in such cases as are specially approved by the Secretary, nor shall any officer or employee in receipt of salary exceeding £450 per annum be so entitled.
Sunday duty.
52.—(1.) Where the performance of Sunday duty is necessitated by public requirements, every officer or employee called upon for such duty shall be liable therefor under the conditions provided in this Regulation:
Provided that an officer or employee possessing conscientious scruples against Sunday duty may be granted permission to furnish a substitute.
(2.) Subject to these regulations, an officer or employee who is required to attend for duty on a Sunday shall be paid for such attendance at the rate of time and one-half for the period of attendance:
Provided further that the provisions of this regulation in regard to extra pay shall not, except with the approval of the Secretary, apply to an officer or employee in receipt of salary in excess of £450 per annum.
(3.) An officer or employee who has been required to perform a full day’s duty on a Sunday shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and in such case the payment for Sunday attendance shall be half a day’s pay.
(4.) Where an officer or employee resides on the premises where his duties are performed, and his attendances on Sundays are intermittent or for brief periods, he shall not, except with the approval of the Secretary, be entitled to claim extra pay for such attendances. If payment be approved it shall be at the rate of time and one-half but not less than two shillings.
(5.) In computing payments for duty performed on Sunday, the following conditions shall be observed:—
(a) Scheduled duty terminating at 2 a.m. or earlier on Sunday shall not be paid for at Sunday rates unless the officer or employee is again required to be on duty on the same day;
(b) Scheduled duty commencing at 10 p.m. or later on Sunday shall not be paid for at Sunday rates unless the officer or employee has already been on duty on the same day; and
(c) Subject to the provisions of paragraphs (a) and (b) of this sub-regulation, Sunday pay may be granted for any scheduled duty between midnight on Saturday and midnight on Sunday.
Meal allowance.
53—(1.) Where an officer or employee whose ordinary hours of duty are between 7.30 a.m. and 5.30 p.m. is required to attend for duty before 6.30 a.m. or to remain on duty after 6.30 p.m., or in any case where an officer or employee is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, and such attendance necessitates his obtaining a meal away from home, he shall be granted a meal allowance on the following scale:—
(2.) A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay, the meal allowance may be granted instead of overtime pay.
Deduction from salary or wages as rent for quarters.
54.—(1.) An officer or employee in occupation of Commonwealth quarters for purposes of residence shall have deducted from his salary or wages by way of rent such amount as is fixed by the Secretary, provided that, in exceptional circumstances, the Minister may, on the recommendation of the Secretary, approve of the deduction being waived.
(2.) An officer or employee who occupies for the purpose of residence any building belonging to or occupied by the Commonwealth is prohibited from subletting any portion or the building without the consent in writing of the Secretary.
Part VI.—Holidays and Leave of Absence.
Public holidays.
55.—(1.) The following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays on full pay, namely:—
1st day of January;
26th day of January;
Christmas Day and the following day;
Good Friday and the fallowing Saturday and Monday;
25th day of April;
The Anniversary of the Birthday of the Sovereign;
Any day proclaimed by the Governor-General, or required by any Act to be observed in lieu of any of the said days.
(2.) Whenever any of the days specified in sub-regulation (1.) of this regulation, except the 25th day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in lieu of such Sunday.
(3.) In addition to the holidays prescribed in sub-regulation (l) of this regulation, there may be observed as public holidays or half-holidays such additional holidays or half-holidays, not exceeding, in the whole, four in any calendar year, as are determined by the Minister.
(4.) In addition to the days hereinbefore named, any specified day or half-day appointed by the Governor-General may be observed as a holiday or half-holiday.
(5.) Where the attendance and services of an officer or employee are required during any holiday or half-holiday authorized under the provisions of sub-regulation (3.) of this regulation, such officer or employee shall be granted a period off duty in lieu of the holiday or half-holiday or portion of a holiday so worked, such period off duty being added to the officer’s or employee’s next ensuing recreation leave:
Provided that no period off duty in respect of work performed on any holiday shall be less than one half-day:
Provided further that the provisions of this sub-regulation shall not, except with the approval of the Secretary, apply to any officer or employee in receipt of salary in excess of £450 per annum.
(6.) An officer or employee absent without leave on the day before or after a holiday for which pay is allowed shall not receive pay for such holiday.
(7.) The rate paid for any public holiday occurring during absence on leave shall be the same as that allowed for the period of leave in which the holiday occurs.
Holidays and attendances of officers or employees required.
Any Air Force establishment, or any part thereof, may be kept open in the public interest for the whole or any portion of any holiday, and the Secretary may require the attendance and services of any officer or employee of such establishment during any such holiday; but in that case the officer or employee shall, except as prescribed in sub-regulation (5.) of regulation 55, be granted an amount equivalent to a day’s salary, calculated in the prescribed manner, if a full day’s attendance has been required, and a proportionate amount if less than a full day’s attendance has been required:
Provided that no proportionate payment shall be less than one half-day’s salary calculated in the prescribed manner:
Provided further that this regulation shall not, except with the approval of the Secretary, apply to any officer or employee in receipt of salary in excess of £450 per annum.
Holiday pay— calculation of.
57.—(1.) A day’s salary for the purpose of payment for duty performed on a holiday shall be calculated by multiplying the hourly rate of salary by the number of hours in an ordinary day’s duty for the day on which the holiday occurs, and one-half day’s salary shall be half a day’s salary so calculated.
(2.) The hourly rate of salary shall be calculated in accordance with the following formula:—
Formula
(3.) For the purposes of this regulation, salary shall include any allowance granted for the performance of higher duties.
Recreation leave.
58.—(1.) In each year the Secretary may grant leave of absence on full pay for three working weeks to an officer or employee who shall have been continuously employed for twelve months prior to application. Such leave shall, however, be dependent upon the good behaviour and regular attendance of the officer or employee.
(2.) An employee about to be discharged through no fault of his own, or at his own request, may, on the approval of the Secretary, be granted payment for recreation leave due under this regulation.
Furlough.
59.—(1.) When an officer has continued in the Service for at least twenty years, the Secretary may grant to him leave of absence for a period not exceeding one month and one-half on full salary, or three months on half salary, in respect of each completed five years of continuous service:
Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any time.
(2.) In the case of any officer appointed after 2nd day of July, 1924, the service which shall be taken into account for the purposes of this regulation and regulation 60 shall not include any service in a temporary capacity.
Provided that the continuous temporary service of any person who commenced employment prior to the 2nd day of July, 1924, under the Military (Civil Employment) Regulations and who is appointed an officer at some subsequent date shall be regarded as service for the purposes of this regulation and regulation 60.
(3.) When an officer who has continued in the Service for at least twenty years is retiring from the Service, the Secretary may authorize payment to him upon retirement of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under sub-regulation (1.) of this regulation.
(4.) Upon the death of any officer who at the date of his death was eligible under this regulation for the grant of leave of absence or, if the Secretary, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed, the Secretary may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer had he retired immediately prior to the date of his death, or, in any case where the Secretary has directed that the death of an officer be presumed, a date determined by the Secretary.
(5.) Notwithstanding anything contained in this regulation—
(a) there shall not be granted under this regulation, in respect of the service of any officer, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;
(b) except upon retirement of an officer under regulation 37 of these Regulations, leave of absence for recreation shall not be granted under regulation 58 of these Regulations in respect of the year in which leave of absence granted under this regulation commences and, if leave of absence for recreation has been granted in the year in which leave
of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:
Provided that the total period of leave of absence for recreation which may, under the provisions of this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officers’ period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and
(c) the official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay prescribed by this regulation may be granted.
Extended leave on retirement when ineligible for furlough.
60.—(1.) The Secretary may grant to any officer, whose period of service is less than twenty years, who is not eligible for furlough under regulation 59, immediately prior to his retirement from the Service on, or subsequent to, his attaining the age of 60 years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—
Service.
Leave.
16 years and less than 20 years.....................
5 months.
12 years and less than 16 years.....................
4 months.
8 years and less than 12 years......................
3 months.
4 years and less than 8 years......................
2 months.
(2.) In lieu of leave in accordance with the last preceding sub-regulation, the Secretary may authorize payment to an officer, eligible for leave in pursuance of this regulation, upon his retirement from the Service, of a sum equivalent to the salary for aperiod of leave not exceeding that which the officer could have been granted under this regulation.
(3.) Where an officer who is less than 60 years of age retires from the Service after less than twenty years’ service, and produces to the Secretary satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and not due to misconduct or to causes within his own control, the Secretary may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that for which, had he attained the age of 60 years, he would have been eligible under sub-regulation (1.) of this regulation.
(4.) Where, before an officer has continued in the Service for at least twenty years and either before or after he has attained the age of 60 years—
(a) the officer dies; or
(b) the Secretary, after consideration of all the circumstances, directs that the death of the officer be presumed,
the Secretary may authorize payment to the dependants of the officer of a sum equivalent to the salary for the period of leave which the officer would have received had he, under sub-regulation (1.) of this regulation, been eligible for, and been granted, leave of absence at the date of his death, or, in any case where the Secretary has directed that the death of the officer be presumed, at a date determined by the Secretary.
(5.) The official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.
Furlough or extended leave to persons employed prior to 2nd July, 1924.
61.—(1.) An employee who commenced employment prior to 2nd July, 1924, under the Military (Civil Employment) Regulations shall be eligible for the grant of furlough or extended leave under the conditions and scale prescribed for an officer under regulation 59 and regulation 60 of these Regulations.
(2.) In the event of the death of such an employee before or after he has completed 20 years service, payment may be made to his dependants under the conditions prescribed in regulations 59 and 60 of these Regulations.
Leave for war service.
62.—(1.) Leave of absence for such period or periods as the Secretary, having regard to the circumstances of any particular case or class of cases, directs may be granted to any officer who, in time of war—
(a) is appointed to, enlisted in or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, the United Kingdom or any other part of the King’s dominions; or
(b) is permitted by the Secretary to engage in work or employment other than the duties of his office or offices under the Commonwealth, if, in the opinion of the Secretary, that work or employment is necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth or the efficient prosecution of the war.
(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall be without pay.
(3.) An officer who is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, and is granted leave of absence under the provisions of this regulation may, if his pay as a member of the Forces in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference:
Provided that this sub-regulation shall not be construed to authorize more than one payment to any officer of any such amount.
(4.) The period during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.
(5.) An employee who, in time of war, is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, may be granted leave of absence on the same terms and conditions as are applicable to an officer:
Provided that leave shall not be granted to any such employee beyond the date on which his services would, but for that leave, have been terminated.
(6.) In this regulation—
(a) the expression “pay as an officer” includes such emoluments as the Secretary determines; and
(b) the expressions “time of war” and “war” shall have the same meanings as those expressions have in the Defence Act 1903-1941.
Leave without pay for pressing necessity.
63. The Secretary may, in case of pressing necessity, grant to any officer leave not exceeding three months, and such leave shall be without pay.
Extended leave without pay.
64. With the approval of the Minister, on the recommendation of the Secretary, leave of absence, without pay, may be granted to an officer for a period not exceeding twelve months, but the period of such leave shall not for any purpose be included as part of such officer’s period of service.
Short leave and leave for examinations.
65.—(1.) The Secretary may, upon sufficient cause being shown, grant any officer leave of absence not exceeding three days in any twelve months.
(2.) All such periods of leave shall be properly recorded and, at the discretion of the Secretary, may be deducted from the next recreation leave:
Provided that, where the leave is not so deducted and payment is made for overtime worked during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.
(3.) In addition to leave granted under sub-regulation (1.) of this regulation, the Secretary may grant leave to an officer to attend any examination of a university in subjects a knowledge of which would, in the opinion of the Secretary, increase his usefulness in the Service:
Provided that leave so granted in excess of five days in any period of twelve months shall, at the option of the officer, be granted without pay or deducted from his next recreation leave.
Medical certificate in cases of sick leave.
66.—(1.) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner:
Provided that the Secretary may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in the aggregate in any twelve months, subject to any continuous period of leave so granted not exceeding two days.
(2.) Subject to sub-regulation (1.) of this regulation where sick leave is granted without the production of a medical certificate or other evidence approved by the Secretary, such leave shall be without pay.
Basis of computation of sick leave.
67. In the case of the illness of an officer, the Secretary may, on production of satisfactory medical evidence, grant the officer leave of absence in accordance with the scale and conditions prescribed in the appropriate Determination of the Public Service Arbitrator.
Provisional extension of leave.
68.—(1.) Where an officer has been absent through illness for thirteen weeks continuously and application for further leave is made, the Secretary may, subject to these Regulations, grant further leave subject to the production by the officer of supporting evidence of illness.
(2.) The grant of such further leave shall also be subject to the officer being examined by the Commonwealth Medical Officer or other medical practitioner approved by the Secretary.
Certificate as to fitness to resume after absence on account of illness.
69. If any officer is absent from duty on account of illness, and such absence has extended beyond thirteen weeks continuously, he shall not be permitted to return to duty unless and until the Commonwealth Medical Officer, or other medical practitioner approved by the Secretary, has certified that he is fit to resume duty:
Provided that where an officer resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Secretary may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a Commonwealth Medical Officer or other medical practitioner approved by the Secretary, and if the examination discloses that the officer is unfit to resume duty, the Secretary may grant such further leave of absence on account of illness as the medical report indicates to be necessary.
Health of officer rendering him a danger to others.
70.—(1.) If the Secretary has reason to believe that an officer is in such a state of health as to render him a danger to his fellow officers or the public, he may require the officer to obtain and furnish a report as to his condition from a duly qualified medical practitioner, or may require him to submit himself for examination by a Commonwealth Medical Officer or other medical practitioner approved by the Secretary.
(2.) Upon receipt of the medical report, the Secretary may direct the officer to absent himself from duty for a specified period, or, if already on leave of absence, direct him to continue on leave for a specified period, and the officer’s absence shall be regarded as absence on leave owing to illness.
Illness caused through misconduct.
71.—(1.) Leave shall not be granted with pay on account of illness caused by the misconduct of an officer or in any case of absence from duty without sufficient cause.
(2.) Where the Secretary or any officer approved by the Secretary has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a medical practitioner to visit and examine the officer, or may direct the officer to attend on a medical practitioner for examination.
(3.) If the report of the medical practitioner is not favorable to the officer concerned or, if the officer is not available for examination at the time of the medical practitioner’s visit without, in the opinion of the Secretary, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer and may be deducted from his salary.
(4.) The fee for examination if conducted at the medical practitioner’s rooms shall be 10s. 6d., but if the medical practitioner is required to visit the officer the fee shall be £1 1s.:
Provided that where the distance travelled would, in the opinion of the Secretary, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Secretary and the medical practitioner.
(5.) The fee shall be paid to the medical practitioner unless he is a Commonwealth Medical Officer, when it shall be paid into the Consolidated Revenue.
(6.) An officer shall submit himself to medical examination, when required to do so, by the medical practitioner selected by the Secretary or any officer approved by the Secretary.
Sick leave for employees.
72.—(1.) An employee who is a returned soldier may be granted leave of absence on account of illness, subject to the following conditions:—
(a) The employee shall apply in writing, stating the cause of absence;
(b) Where he has not completed 26 days’ actual duty, the Secretary, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;
(c) Where he has completed 26 days’ actual duty, the Secretary may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence—
(i) with pay, at the rate of one day for each 26 days of service in respect to which sick leave with pay has not been previously granted; or
(ii) without pay, at the rate of two days for each 26 days of service;
(d) The leave granted under this regulation in any twelve months shall not exceed twelve days with pay and 24 days without pay;
(e) Unless otherwise directed by the Secretary, the production of a medical certificate shall not be necessary in respect of single-day absences not exceeding two in the preceding twelve months; otherwise all applications for sick leave to cover absence through illness shall be supported by a medical certificate:
Provided that where satisfactory medical evidence is produced that the illness originated from active service, the Secretary may determine the conditions under which leave shall be granted.
(2.) An employee who is not a returned soldier may be granted leave of absence on account of illness if the Secretary is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—
(a) Application for leave shall be made in writing stating the cause of absence and, if the leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions in the preceding twelve months;
(b) During the first twelve months of continuous service, the leave granted shall not exceed 24 days and shall be without pay; and
(c) After completion of twelve months’ continuous employment, the leave granted shall be at the rate of one day with pay and two days without pay for every 26 days’ service, but not more than six days with pay and 24 days without pay shall be granted in any twelve months.
(3.) Notwithstanding anything contained in this regulation, where an employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Secretary as
being so meritorious in the public interest as to warrant special consideration, the Secretary may determine from time to time the period of leave of absence on account of such injury which may be granted to that employee and the conditions under which the leave may be granted.
Medical certificate to accompany applications for sick leave.
73.—(1.) Applications for leave of absence on the ground of illness due to an injury sustained in the discharge of duty shall be supported by the certificate of a duly qualified medical practitioner approved by the Secretary.
(2.) Leave on account of illness or injury shall not be granted with pay if the illness due to an injury has been caused by the misconduct of the Officer or employee and, to satisfy himself on this point the Secretary may send a medical officer to attend on and examine the employee at his residence.
Part VII.—Travelling Allowances and Removal Expenses.
Transfer expenses.
74.—(l.) An officer or employee transferred from one locality to another because of misconduct shall, unless otherwise determined by the Secretary, pay the whole cost of his transfer.
(2.) Except as provided in the next succeeding regulation, an officer or employee transferred from one locality to another at his own request shall bear the whole cost of his removal.
Cost of conveyance on transfer.
75. When an officer or employee is transferred—
(a) in the public interest;
(b) in the ordinary course of promotion;
(c) on account of illness, due to causes over which the officer or employee has no control, subject, if considered necessary by the Secretary, to satisfactory medical evidence;
(d) after a residence of three years or over in an isolated locality; or
(e) to fill a vacancy occurring at a place in an isolated locality, the actual cost of conveyance of such an officer or employee, together with his wife and children, and of removal of furniture and household effects, subject to the provisions of the next succeeding regulation, shall be paid by the Department.
Removal of furniture.
76.—(1.) Payment of the cost of removing furniture and household effects shall be subject to the following limitations:—
Salary or Wages.
Maximum Amount Involved.
£
Under £300 per annum...................................
35
£300 to £600 per annum..................................
40
Over £600 per annum....................................
50
Provided that, where it is shown to the satisfaction of the Secretary that removal cannot be effected for the amount prescribed above as the maximum, the Secretary may authorize the payment of such amount as will, in his opinion, cover the reasonable cost of removals.
(2.) In providing for the cost of removal, only necessary household furniture and effects shall be taken into consideration.
(3.) Before removal is undertaken, the officer-in-charge shall, wherever practicable, obtain quotations from at least two carriers and the Secretary may authorize acceptance of the more suitable.
(4.) Where an officer or employee elects to dispose of his furniture and effects instead of removing them to his next station, the Secretary may authorize payment to the officer or employee of an amount equal to the loss shown, to the satisfaction of the Secretary, to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.
(5.) An officer or employee shall not be entitled to any compensation from the Commonwealth for losses or damage arising from removal, except where the removal is effected by a Department of the Commonwealth, in which case compensation may, under such conditions as are approved from time to time by the Secretary, be allowed.
(6.) Furniture, where practicable, shall be removed by railway if the cost is not greater than other means of conveyance.
(7.) No payment shall be admitted for the purpose of this regulation unless vouchers are produced.
Basis of calculation of allowance of officers and employees.
77.—(1.) For the purpose of calculating any allowance payable to an officer or employee under regulations 78 to 86, the maximum salary of the position occupied by the officer or employee shall not be deemed to have been varied by the provisions of regulation 49.
(2.) Where any allowance under regulations 78 to 86 is payable for less than a day, the allowance shall be at an hourly rate of one twenty-fourth part of the daily rate or one hundred and sixty-eighth part of the weekly rate, as the case may be.
Rates of travelling allowances.
78.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowances for officers and employees:—
(a) As may be determined from time to time by the Minister.
(2.) Where allowance has been paid to an officer or employee under this regulation for eight weeks’ residence in one locality, the officer-in-charge shall submit the case to the Secretary for review. No such allowance shall be continued beyond three months without the concurrence of the Secretary and if, upon review, the Secretary considers the amount excessive it shall be discontinued or reduced to such amount as the Secretary thinks fit.
(3.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer or employee is not required to be absent from his head-quarters overnight.
Allowances to officers working within defined districts.
79.—(1.) An officer or employee temporarily transferred to perform duty at another station or stations, other than in a capital city, involving absence from home for a period of not less than six weeks shall, subject to sub-regulation (2.) of the last preceding regulation, be paid an allowance on the following scale, provided—
(a) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid; and
(b) that a period of not less than three weeks elapses between the time of first arrival in, and time of ultimate departure from, any town.
(2.) Officers or employees whose place of work is variable within a specified district shall, subject to the provisions of sub-regulation (2.) of the last preceding regulation, be paid an allowance as prescribed in the last preceding sub-regulation, provided—
(a) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid; and
(b) that a period of not less than two weeks elapses between the time of first arrival in, and time of ultimate departure from, any town.
(3.) If, in any case, it is proved to the satisfaction of the Secretary that the allowance paid under this regulation is insufficient to meet extra expenses necessarily incurred, the Secretary may increase the allowance.
Travelling allowance when provided with subsistence and/or lodging.
80.—(1.) When an officer or employee travels by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which the officer or employee would be entitled shall be allowed.
(2.) Where an officer or employee is provided with subsistence and lodging, the Secretary shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale of travelling allowances, according to the period of residence in the same place.
(3.) Where an officer or employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Secretary may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, and by not more than two-thirds where subsistence only is provided.
Travelling allowance in addition to coat of conveyance.
81. Travelling allowance shall be in addition to the cost of conveyance. The period in respect of which travelling allowance may be claimed shall be computed from time of departure to time of arrival on return of the train, steamer or other conveyance by which an officer or employee travels:
Provided that in the case of an officer or employee travelling on permanent transfer, to whom the provisions of regulation 75 are applicable, the period shall be computed to time of arrival at the place to which he has been transferred.
Increased or decreased travelling allowance.
82. Where an officer or employee in receipt of a weekly rate of allowance is required to leave his temporary head-quarters for a period of less than one week, he shall be paid, in respect of such absence, travelling allowance as prescribed and, in addition, an amount to meet continuing expenses necessarily incurred, but not exceeding the amount which would have been paid had he remained at his temporary station.
Travelling allowance may be varied.
83. Upon proof to the satisfaction of the Secretary that the travelling allowance payable to an officer or employee under these Regulations is either insufficient to cover, or in excess of, expenses reasonably incurred, the Secretary may vary the allowance.
Allowance while on sick leave away from head-quarters.
84.—(1.) When an officer or employee absent from his headquarters on duty is obliged by illness not due to his own fault to take sick leave, and he is unable to return to his own home, he may be paid an allowance to the extent of the proved costs to him of such illness, but not exceeding the sum to which he would have been entitled under the regulations governing travelling or relieving allowance had he been on duty for the period involved.
(2.) The operation of this regulation shall be subject to the conditions prescribed in sub-regulation (2.) of regulation 78 of these Regulations.
Mode of travelling on duty.
85.—(1.) Except where otherwise determined by the Secretary, an officer or employee while travelling on duty shall travel by railway if the cost is not greater than by other means of conveyance.
(2.) Whenever an officer or employee does not travel by railway, he shall, upon furnishing a receipt for the payment, be repaid the actual cost of the necessary and most economical means of conveyance. A. receipt will not be required for any amount less than five shillings.
Class of travelling accommodation.
86.—(1.) An officer or employee, the maximum salary of whose position does not exceed £336 per annum, shall be required to travel second class, and in other cases first class transport shall be provided:
Provided that in special circumstances the Secretary may provide first class transport for any officer or employee.
(2.) In determining the maximum salary of the position of an officer or employee for the purpose of this regulation, variations of salary made in the manner set forth in regulation 49 shall not be taken into account.
Part VIII.—Miscellaneous.
Applications for patents, &c.
87.—(1.) An officer or employee stall not, without the permission in writing of the Minister first obtained, have any right in or apply for or obtain directly or indirectly, whether in his own name or in the name of any other person or company, any patent (provisional or otherwise) relating to or connected with any matter in which the Department is concerned or any work which has been or is being carried out by the Department.
(2.) Any officer or employee who commits a breach of this regulation shall be liable to dismissal.
88. If the Minister, after inquiry, is of opinion that the continuance of any officer or employee in the employ of the Department is detrimental to the public safety or the defence of the Commonwealth, he may terminate the appointment or employment of the officer or employee and the officer or employee shall thereupon cease to be employed by the Department.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.