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 Defence Act 1903-1934.
Dated this nineteenth day of August,1936.
(SGD.) GOWRIE,
Governor-General.
By His Excellency’s Command,
C1936L00112_1.jpg
Minister of State for Defence.
Part I.—Introductory.
Short title of regulations.
These Regulations may be cited as the Munitions Supply Regulations.
Repeal.
Munitions Supply Regulations (Statutory Rules 1926, No. 210) and all amendments thereof are repealed.
Sub-division of regulations.
These Regulations are divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Functions of Boards, &c.
Part III.—Administrative.
Division I.—Attendance and duties of employees.
Division II.—Leave of absence and holidays.
Division III.—Hours of duty and overtime.
Division IV.—Travelling and removal allowances.
Division V.—General.
Definitions.
In these Regulations, unless the contrary intention appears—
“the Act” means the Defence Act 1903-1934, and includes all amendments thereof.
“Board” means the Munitions Supply Board.
“Establishment” means a Commonwealth Government munitions establishment, building, factory, laboratory, range, or work, established in pursuance of section 63 of the Act, and placed under the control of the Board by the Minister.
*Notified in the Commonwealth Gazette on 1936.
1717.—12/29.7.1936.—Price 1s.
“Manager” means the general manager or manager, or superintendent or chief inspector of a Government munitions estabment or any person appointed by the Board to take charge of a munitions establishment.
“Officer” means a person who is appointed by the Governor-General under the Commonwealth Public Service Act 1922-1934, or sub-sections (1) and (2) of section 63 of the Act, in a permanent capacity on the staff of an establishment.
“Foreman” means a person appointed in a permanent capacity by the Governor-General to be a foreman in the Government Munitions Establishments, in pursuance of sub-sections (1) and (2) of section 63 of the Act.
“Employee” means a person (other than an officer or foreman) who is employed, in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a civil capacity in connexion with the Department of Defence, and who is engaged by a Manager.
Part II.—Functions of Boards, etc.
Munitions Supply Board.
5.—(1.) There shall be a Munitions Supply Board which shall have, hold, exercise and perform, subject to the control of the Minister, such powers, functions and duties affecting the provisions of the munitions and other supplies of the Defence Force as may be vested in or conferred upon it by regulations or assigned to it by the Minister.
(2.) The Board and its subordinate activities shall be constituted a civil branch of the Department of Defence.
(3.) In addition to any other powers or functions conferred upon it as aforesaid the Board shall be charged with the following matters:—
(a) Provision of such armament, arms, ammunition, equipment, supplies and stores of all kinds as may be demanded by the responsible authorities and duly approved.
(b) Research.
(c) Inspection and examination of supplies obtained in Australia other than food, forage and fuel supplies, up to the point of issue to the service.
(d) Administration of establishments established or to be established under section 63 of the Act and placed under the control of the Board.
(4.) The Board shall maintain close liaison with the Boards charged with the command and administration of the Naval, Military, and Air Forces.
6.—(1.) The Board shall consist of the Controller-General of Munitions Supply and three Controllers, who shall be officers of the Department, and shall be appointed by the Minister.
(2.) The Minister may appoint persons to be consultative members of the Board or temporary members of the Board.
(3.) There shall be a Secretary to the Board, who will exercise such functions and perform such duties as the Board may direct.
7. The Board shall determine its rules and order of procedure, provided, however, that—
(a) Meetings of the Board shall be summoned by the Minister or by the Chairman or in the absence of the Chairman by the Deputy Chairman.
(b) The Controller-General of Munitions Supply shall be Chairman of the Board and shall preside at meetings of the Board.
(c) In the absence of the Chairman a Deputy Chairman approved by the Minister shall preside.
(d) Two members of the Board shall constitute a quorum.
(e) A temporary member of the Board may exercise all the functions of a member of the Board provided that a temporary member shall not be Chairman or Deputy Chairman of the Board.
(f) Questions shall be decided by a majority of votes; provided that should there be equality of voting upon any question when less than three members are present the matter shall be postponed until the next meeting.
8.—(1.) The Board may, by writing under the hand of each member of the Board, delegate to any member of the Board any of the powers of the Board so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the Instrument of Delegation.
(2.) Every such delegation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Board.
Contract Board.
9. There shall be a Contract Board, which shall exercise its powers and functions subject to the control of the Munitions Supply Board.
Constitution.
10. The Contract Board shall be constituted as follows:—
(1) The Chairman and members of the Munitions Supply Board shall be ex officio members of the Contract Board.
(2) Members approved by the Minister as follows:—
(a) A person nominated by the Munitions Supply Board, who shall be Chairman of the Contract Board;
(b) a person nominated by the Naval Board;
(c) a person nominated by the Military Board;
(d) a person nominated by the Air Board;
(e) a person nominated by the Secretary, Department of Defence, who shall be Executive Member and Secretary of the Contract Board.
(3) In the absence of the Chairman, the Deputy Chairman shall be the senior member of the Contract Board present, provided that the Secretary shall not be eligible to act as Deputy Chairman.
11. Meetings of the Contract Board shall be convened by the Chairman, or, in his absence, by the Secretary of the Contract Board. Three members shall constitute a quorum. Questions shall be decided by a majority of votes, and in the event of an equality of voting the presiding member shall have a casting vote, provided there shall be no casting vote when less than four members are present.
12. The functions of the Contract Board shall be—
(a) On receipt of a contract demand duly approved by proper authority, the responsibility for obtaining which shall devolve upon the person submitting the demand, to arrange by inviting public tenders, or by quotation or otherwise, for the performance of services or the purchase of supplies.
(b) Subject to the approval of the Munitions Supply Board to direct District Contract Boards as to the manner and extent in and to which supplies may be obtained and services arranged within the limits of their respective States.
Provided, however, that no tender or quotation shall be accepted nor purchase made by the Contract Board, the amount of which exceeds £2,500, without reference to the Minister through the Munitions Supply Board.
13.—(1.) Subject to the approval of the Munitions Supply Board, the Contract Board may, by writing under the hand of each member of the Contract Board, delegate to any member of the Contract Board any of the powers of the Contract Board so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the Instrument of Delegation.
(2.) Every such delegation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Contract Board.
The Contract Board shall be charged with the sale or disposal by public auction, or by public tender or quotation, or by treaty, or by other approved means, at such prices as it may decide are fair and reasonable and in the public interest, of all surplus or unserviceable buildings, machinery, plant, vessels, animals, vehicles, stores, equipment, clothing and material, which may be placed with the Board for disposal.
The Chairman of the Contract Board, or, in his absence, the Deputy Chairman, shall, on behalf of the Commonwealth Government, enter into contracts approved by the Minister or the Contract Board.
Questions connected with the acceptance of tenders or purchase of stores which affect the policy of the Government for the time being are to be referred to the Minister through the Munitions Supply Board.
17.—(1.) The Minister may, on the recommendation of the Munitions Supply Board, appoint in each State a District Contract Board, consisting of not less than three members, one of whom shall be Chairman and another Deputy Chairman.
(2.) The District Contract Board for any State or the Chairman thereof, or, in his absence, the Deputy Chairman thereof, may, on being authorized in writing so to do by the Contract Board, exercise in such State any of the powers and functions of the Contract Board or the Chairman thereof.
(3.) Every authority under this regulation shall be revocable at will, and shall not prevent the exercise by the Contract Board, or the Chairman or Deputy Chairman thereof, of any power or function under this regulation.
Commonwealth Government Munitions Establishments.
18. The following are Commonwealth Government Munitions Establishments within the meaning of these Regulations:—
Inspection Branch, Footscray and Maribyrnong, Victoria.
Inspection Branch, Lithgow, New South Wales.
Artillery Range, Wakefield, South Australia.
19.—(1.) The Munitions Supply Board shall have, hold, exercise, and perform, subject to the control of the Minister, such powers and functions respecting the administration of munitions establishments as may be vested in or conferred upon it by these Regulations.
(2.) The Controller-General of Munitions Supply shall be specially responsible for the technical direction of the armament factories, research, and inspection.
(3.) In addition to any other powers and functions vested in or conferred upon it as aforesaid, the Board shall be charged with—
(a) The efficient and economical conduct of all munitions establishments;
(b) The co-ordination of the work of the several munitions establishments;
(c) Any matter affecting the administration of munitions establishments not governed by regulation or by any instruction issued by the Minister.
(4.) The Board shall have authority to incur expenditure upon—
(a) Purchase of raw materials, fuel, and maintenance stores of all kinds within the limit of available funds;
(b) Replacement of and repairs to existing munitions establishments, works, buildings, plant, machinery, furniture, and fittings within the limit of available funds;
(c) New works, and buildings, machinery, plant, furniture and fittings not exceeding £2,000 in any one munitions establishment at any one time.
(d) Allowances and fees for educational courses.
(5.) The Board may approve of—
(a) The sale, disposal otherwise than by gift, or writing off, of condemned, unserviceable, obsolete, or deficient stores, the original value of which did not exceed £100.
(b) The sale, disposal otherwise than by gift, or writing off, of obsolete, unfit, worn-out, or deficient plant, the original value of which did not exceed £100 in any one case,
(c) The taking on charge of excess plant or stores.
(6.) All stores and plant referred to in sub-regulation. (5) (a) and (b) of this regulation with the exception of those deficient, the original value of which exceeded £100, shall be written off or disposed of by sale or otherwise on the authority of the Minister.
(7.) Deficient stores and plant, the original value of which exceeded £100, shall only be written off on the approval of the Minister and Treasury concurrence.
Provided that where deficiencies are attributable to theft or fraud all cases in which the theft or fraud was committed by a departmental employee shall be reported to the Treasury.
(8.) Questions connected with the administration of munitions establishments which affect the policy of the Government for the time being shall be referred to the Minister.
Duties of Managers.
The Munitions Supply Board, or, if approved by the Board, a member thereof, may exercise the powers and duties of a Manager in relation to any munitions establishments or in relation to any person employed in a munitions establishment.
Each manager shall, under the Board, be responsible for the efficient, safe, and economical working of the munitions establishment under his charge.
Each manager is authorized—
(a) To incur such monthly expenditure as may be approved by the Board for supplies and services for the conduct and maintenance of the munitions establishment;
(b) To approve of expenditure, not exceeding £100 in any one case, for additions or repairs to the premises or plant of the munitions establishment;
(c) To engage, discharge, or retire employees;
(d) Within the limits approved by the Board, to fix weekly, daily, hourly, or piece-work rates of wages of employees; and
(e) Subject to these Regulations and to the approval of the Munitions Supply Board to make rules for the conduct of the munitions establishment under his charge.
Before the Manager authorizes any expenditure of money, he shall first satisfy himself that funds are available.
Any proposal for expenditure of an amount for additions or repairs to premises or plant exceeding £100 shall be submitted to the Board for approval, accompanied by a certificate that funds are available.
The Manager shall, in July of each year, submit a report on the working of the munitions establishment, together with a statement of accounts and balance-sheet.
Duties of Accountant.
26. The Accountant shall be responsible under the Manager—
(a) For the accounts of the munitions establishment and for the receipts and disbursement of public moneys in accordance with the Treasury Regulations;
(b) For the direction and supervision of the clerical staff, and that the members of such staff duly fulfil the duties assigned to them, and that discipline is maintained in the office;
(c) That no arrears occur in the work of the office, and that the accounts are posted up daily, so that they may at all times be ready for examination.
Part III.—Administrative.
Division I.—Attendance, Duties, &c.
Acquaintance with Regulations.
Officers, foremen, and employees are required to acquaint themselves with the provisions of these Regulations.
Hours of Duty.
Except where otherwise determined by the Minister on the recommendation of the Board, forty-eight hours shall constitute a week’s work, and shall be worked on six days of the week, Monday to Saturday inclusive. Eight and three-quarter hours on Monday to Friday inclusive, and four and a quarter hours on Saturday shall constitute a week’s work; such hours to be worked between the hours of 7 a.m. to 5.30 p.m. on Mondays to Fridays inclusive, and 7 a.m. to 12.30 p.m. on Saturdays:
Provided that, if necessary, there may be shift work, and in such cases the hours for any one shift shall not exceed eight and three-quarter hours.
Attendance.
Employees shall record their time of entering or leaving the munitions establishment in such manner as may be determined by the Manager. Any person failing to record his time on entering or leaving, and any person discovered recording the time of any other person, shall be deemed to have committed a breach of these Regulations, and will be dealt with by the Manager accordingly.
Any employee arriving at his work after the time fixed under the regulations will have his time stopped for such period as may be determined by the Manager.
Absence without Leave.
No employee shall be absent from his work during regulation hours without authorized leave, except by express permission of the Manager or head of the Branch, or unless reasonable cause be shown. If an employee be prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of the branch to the Manager, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the Manager may consider necessary.
Where an 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 such absence.
Conviction for an Offence.
33. Any employee who is on an indictment or presentment convicted for any offence, shall be deemed to have forfeited his employment, and shall thereupon cease to perform his duties or receive his salary or wages; provided that where the Board is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the employee, it may direct his reinstatement.
Judgment for Debt.
34.—(1.) Where judgment has been given by any Court against any employee for the payment of any sum of money, the person in whose favour the judgment is given may serve on a 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 section, 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 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 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 employee to less than £2 per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the 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 section shall, as between the Commonwealth and the employee, be deemed to be a payment by the Commonwealth to the employee.
(6.) A person to whom any payment has been made in pursuance of this section shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.
Penalty: £50 or imprisonment for three months.
(7.) If any payment made in pursuance of this section 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 section shall not apply in relation to any 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 section “Paying Officer” means such officer as the Board appoints as Paying Officer for the purposes of this regulation.
Insobriety.
35. Any employee in charge or sub-charge who 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, shall suspend such person from duty, and immediately report the matter to the Manager.
Obligations of senior Employees.
36. Employees in charge of any sub-department, branch, or minor division of a munitions establishment shall be responsible for the maintenance of good order, and shall afford the utmost aid and support to the Manager.
Breach of regulations to be reported.
37. An employee in charge of any sub-department, branch, or minor division of a munitions establishment shall report to the Manager any breaches of these Regulations which shall come to his knowledge.
Applications—How to be made.
38. The application of an employee upon any matter affecting his position shall be made by the applicant through the head of his branch to the Manager. Where in exceptional cases an employee desires to communicate with the Board, the communication must be so addressed, and shall be forwarded through the Manager to the Board with any remarks considered necessary by the Manager.
Performance of duties.
39. An 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 enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
Subordination of employees.
40. An employee shall obey promptly all instructions given to him by the officer, foreman, or employee under whose immediate control or supervision he is placed. If an employee considers he has ground for 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 Manager; 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.
Information not to be given.
41. Except in the course of official duty, no information concerning public business or any matter of which an employee has knowledge officially shall be given, directly or indirectly, by an employee without the express direction or permission of the Manager.
Applications for patents, &c.
42.—(1.) An officer, foreman or employee shall not, unless the permission in writing of the Minister has first been 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 Commonwealth is concerned or any work which has been or is being carried out by the Commonwealth.
(2.) Any officer, foreman or employee who commits a breach of this regulation shall be liable to dismissal.
Outside influence.
43. Employees are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any employee who considers that his claims for promotion or consideration have been overlooked may communicate with the Board in the manner prescribed by regulation 38.
Public property.
44. All employees shall be held responsible for the careful use and preservation of all Government property in their possession, custody, or care, and any person damaging or defacing buildings or walls, or damaging or defacing or losing machines, tools, material, or any other property of the Government may have cost of replacing or repairing same deducted from his salary or wages.
Borrowing or lending money.
45. Any monetary transaction between employees either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or borrowing money by senior employees from their subordinates, is forbidden.
Liability on behalf of the Government not to be incurred.
46. No person, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.
Performance of work outside Government service.
47.—(1.) No employee, except with the express permission of the Minister, after report by the Board, shall—
(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; or
(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; or
(c) engage in or undertake any such business, whether as principal or agent; or
(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, company, or firm who or which is so engaged; or
(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 employee from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of munitions of war, but an employee shall not take 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.
(2.) All applications for permission to engage in the performance of work outside the Government Service shall be made to the Manager, who shall forward same, with his report, to the Board.
Employees to obey summons.
48.—(1.) An employee who is subpoenaed or called as a witness shall promptly notify the Manager.
(2.) An employee, required as a witness on behalf of the Commonwealth, shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence, and in cases where the employee is required to travel he may be allowed his ordinary travelling allowance.
(3.) An employee who is subpoenaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling allowances) shall be charged by or paid to him on account of his being so subpoenaed or called. Any amount received by the officer, otherwise than from the Commonwealth, in respect of travelling expenses shall be paid into the Consolidated Revenue.
(4.) An employee who is subpoenaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the employee.
Discharge of employees on attaining the age of 65 years.
An employee shall be discharged from the Service on his attaining the age of 65 years, provided that the Board may, in exceptional circumstances, permit the employee to continue in the Service for a fixed time not exceeding twelve months.
Division II.—Leave of Absence, Holidays, &c.
Recreation leave.
50.—(1.) In each year the Manager may grant two working weeks’ leave of absence on full pay (exclusive of Sundays and holidays) to employees who shall have been continuously employed for twelve months prior to application.
(2.) An employee leaving of his own accord or about to be discharged through no fault of his own shall be entitled to receive payment for recreation leave due under this regulation.
(3.) Employees absent without leave the day before or after recreation leave shall not receive pay for such recreation leave.
Leave for Defence Purposes.
51.—(1.) Leave of absence for the purpose of attending Naval, Military, or Air Force training may be granted under the following conditions by the Manager in any year ending on the thirtieth day of June to an employee who is a member of the Defence Force:—
(a) For attendance for training of the employee’s unit or corps.—with full pay for the minimum annual training required in the year of his unit or corps.
(b) For attendance at one school, class, or course of instruction in the year—with full pay for two days, and without pay for any additional period for which the employee’s attendance is required:
Provided that evidence of the necessity for such attendance shall be submitted with an employee’s application, and, at the conclusion of the camp, school, class, or course of instruction, the employee shall produce to the Manager a certificate of attendance thereat:
Provided also that, if it would not be in the public interest to grant leave of absence under this regulation to an employee for the purpose of attending a camp, school, class, or course of instruction of his own unit or corps, the manager may grant in lieu leave of absence as prescribed by this regulation for the purpose of attending an equivalent camp, school, class, or course of instruction of another unit or corps.
(2.) Leave of absence, granted with pay under this regulation shall not be deducted from recreation leave.
(3.) An employee who, while undergoing the training referred to in this regulation, sustains injury or contracts illness necessitating his absence from duty beyond the period of leave with full pay granted under this regulation may be granted leave on the following terms:—
(a) If compensation is not paid to the employee by the Department of Defence in respect of such absence, the leave may be granted as sick leave.
(b) If compensation is paid, and is equal to or exceeds the amount of remuneration which the employee would have received had he been granted sick leave, the leave shall be granted without pay.
(c) If compensation is paid, and is less than the amount of remuneration which the employee would have received had he been granted sick leave, he shall be paid the
difference, and his sick leave credit shall be reduced as if he had been granted sick leave with pay corresponding to the amount of the difference:
Provided that where the employee’s services are not further required, leave shall only be granted to the date on which he would have ordinarily ceased duty.
Leave of absence for illness or injury.
52.—(1.) Sick leave shall be granted to employees in accordance with the scale contained in the appropriate Award, Determination, or Agreement. Applications for leave of absence on the ground of illness, or due to any injury sustained in the discharge of duty shall be supported by the certificate of a duly qualified medical practitioner.
(2.) Provided that the Manager may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in any twelve months, subject to any continuous period of leave so granted not exceeding two days; otherwise sick leave shall be without pay.
If an employee is absent from duty on account of injury, and such absence has extended beyond three mouths, he shall not be permitted to return to duty unless and until a medical practitioner approved by the Board has certified that he is fit to resume work.
The rate paid for public holidays during absence on leave shall be the same as that allowed for the period of leave in which the holiday occurs.
No leave on account of injury shall be granted with pay if the injury has been caused by misconduct of the employee, to satisfy himself on which point the Manager may send a medical practitioner approved by the Board to attend on and examine such employee at his residence.
Leave of absence in case of injury shall not be reckoned as nor included in leave of absence for recreation.
Employees employed in the munitions establishments who are reported by a Commonwealth Medical Officer to need recuperative treatment owing to general debility arising out of contact on duty with toxic substances employed in connexion with the production or use of munitions may be granted special leave of absence and/or reasonable medical expenses as may be approved by the Minister.
Injury sustained in the discharge of duty.
Injuries sustained in the discharge of duty shall be reported at the time of occurrence to an officer or foreman. Failure to do so shall be regarded as evidence that the injured person does not claim to have been injured in the discharge of duty.
Furlough.
59.—(1.) An employee who commenced employment in a munitions establishment prior to 1st November, 1923, shall have the same rights to furlough, leave of absence, or pay in lieu thereof as an officer of the Commonwealth Service has under the provisions of sections seventy-three and seventy-four of the Commonwealth Public Service Act 1922-1931 as if his employment under the regulations relating to Government Factories (Statutory Rules 1915, No. 141) and/or the Munitions Supply Regulations 1923 (Statutory Rules 1923, No. 179) and Munitions Supply Regulations 1926 (Statutory Rules 1926, No. 210) were service within the meaning of that Act.
(2.) The power to grant furlough, leave of absence, or pay in lieu thereof under this regulation shall be exercised by the Minister.
Holidays.
Public holidays.
60.—(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:—
Anzac Day (25th April).
First day of January, and 26th day of January.
Christmas Day and the following day.
Good Friday and the following Saturday and Monday.
The Anniversary of the Birthday of the Sovereign; and
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 said days, except the twenty-fifth 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 days mentioned in sub-regulation (1.) of this regulation, there may be observed as public holidays or half-holidays, such additional days or half-days, not exceeding, in the whole, four days in any one calendar year, as are authorized by the Minister.
(4.) In addition to the days hereinbefore named, any specified day or half-day proclaimed by the Governor-General as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof may be observed as a holiday or half-holiday in the locality in respect of which the holiday or half-holiday is proclaimed.
(5.) The Board may require a munitions establishment or any part thereof to be kept open in the public interests for the whole or any portion of a holiday observed in pursuance of sub-regulations (1.), (2.), (3.), or (4.) of this regulation, and may require the attendance and services of any employee during that holiday, but in that case the employee shall be granted an additional day’s salary or proportion thereof provided that no proportion shall be less than one half-day’s salary.
(6.) Employees absent without leave on the day before or after a holiday shall not receive pay for such holiday.
61. In each year, at such time as may be approved by the Board, a munitions establishment may be closed down for two weeks, provided that the Board may require a munitions establishment or any part thereof to be kept open in the public interest for the whole or any portion of a holiday, and may require the attendance and services of any employee of such munitions establishment during any such holiday.
Division III.—Hours of Duty and Overtime.
Overtime.
62.—(1.) For time of duty in excess of eight and three-quarter hours on any of the five days, Monday to Friday, or of four and a quarter hours on Saturday, employees shall be paid at the rate of time and a half for four hours, and at double rates thereafter.
(2.) For all times of duty on Sundays or holidays, employees shall be paid at double rates.
(3.) Sub-regulation (2.) of this regulation shall apply to guards except that for time on duty on Sunday, guards shall be paid at the rate of time and a half when the duty forms part of the regular week’s work.
(4.) The foregoing sub-regulations of this regulation do not apply to watchmen, but, instead, such employees shall be paid at the rate of time and a half for time on duty outside the hours fixed for watchmen.
Division IV.—Travelling and Removal Allowances.
Travelling allowances.
63.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowance for all employees:—
(2.) Where allowance has been paid to an employee under this regulation for eight weeks’ residence in one locality, the Manager shall submit the case to the Board for review. No such allowance shall be continued beyond three months without the concurrence of the Board, and if, upon review, the Board considers the amount excessive, it shall be discontinued or reduced to such amount as the Board thinks fit.
(3.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an employee is not required to be absent from his head-quarters over night.
Allowances payable where employees travel by steamer or railway.
64.—(1.) When employees travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those employees would be entitled shall be allowed.
(2.) Where an employee is provided with subsistence and lodging, the Board 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 employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Board 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.
Allowance to be in addition to cost of conveyance.
65. All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from time of departure of to time of arrival on return of the train, steamer, or other conveyance by which employees travel:
Provided that in the case of an employee travelling on permanent transfer to whom the provisions of regulation 68 are applicable the period shall be computed to time of arrival at the place to which he has been transferred.
Definition of married officer.
66. For the purpose of payment of travelling allowance, a married employee shall be deemed to include any unmarried employee or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Board, justify his inclusion.
Increased or decreased travelling allowance.
Upon proof to the satisfaction of the Board that the travelling allowance payable to an employee under these Regulations is either insufficient to cover, or in excess of expenses reasonably incurred, the Board may vary the allowance.
Mode of travelling—railway travelling.
68.—(1.) Employees shall travel by railway if the cost be not greater than by other means of conveyance.
(2.) Whenever an employee does not travel by railway he shall, upon furnishing receipts for the payment, be repaid the actual cost of the necessary and most economical means of conveyance. Receipts will not be required for any amounts not exceeding 5s.
Fares.
Second class fares shall be allowed employees the maximum salary of whose positions does not exceed £336 per annum, and in other cases first class fares shall be allowed:—
Provided that in special circumstances the Board may allow first-class fares to any employees:
Provided further that first-class fares shall be allowed—
(a) to employees travelling by steamer on the Queensland or Western Australian coast;
(b) to employees travelling by railway—
(i) north of 22 degrees south latitude; or
(ii) in tropical climates on journeys exceeding ten hours in duration, or on journeys of any duration if accompanied by wife and family; and
(c) to female employees.
Cost of conveyance on transfer.
When employees are transferred—
(a) in the public interest;
(b) in the ordinary course of promotion;
(c) on account of illness, due to causes over which the employee has no control, subject, if considered necessary by the Board, to satisfactory medical evidence;
(d) after a residence of three years or over in an extreme climate or in an isolated locality; or
(e) to fill vacancies occurring at places described in the last preceding sub-paragraph—
the actual cost of conveyance of such employees, together with their wives and children, and of removal of furniture and household effects, subject to the provisions of regulation 71 shall be paid by the Department.
Removal of furniture.
71.—(1.) Payment of the cost of the removal of furniture and household effects shall be subject to the following limitations:—
Employee’s Salary.
Maximum Amount Allowed.
£
Under £300..............
35
£300 to £600.............
40
Provided that, where it is shown to the satisfaction of the Board that removal cannot be effected for the amount prescribed above as the maximum, the Board may authorize the payment of such amount as will, in their opinion, cover the reasonable cost of removal.
(2.) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.
(3.) Before removal is undertaken, the Manager shall, wherever practicable, obtain quotations from at least two carriers and, subject to this regulation, may authorize acceptance of the more suitable.
(4.) Where an employee elects to dispose of his furniture and effects instead of removing them to his next station, the Board may authorize payment to the employee of an amount equal to the loss shown, to the satisfaction of the Board, to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.
(5.) An employee shall not be entitled to any compensation from the Commonwealth for losses or damages arising from removal.
(6.) Furniture, where practicable, shall be removed by railway if the cost be not greater than other means of conveyance.
(7.) No payment shall be admitted for the purposes of this regulation unless vouchers are produced.
Division V.—General.
Quarters.
Employees in occupation of Government quarters shall have deducted from their salaries or wages by way of rent such amount as may be determined by the Board.
Termination of appointment.
73.—(1.) All employees shall be temporarily engaged by the day, and their engagement shall be terminable, without notice on either side, provided that an employee leaving or being discharged for some reasons other than breach of regulations or rules, shall give, or be entitled to receive, one week’s notice of termination of employment. Employment as a temporary hand shall not establish a claim to permanent employment on the ground of length of service.
(2.) Any employee discharged before the hour of 5 p.m. shall be entitled to receive, the same evening, all wages due to him, provided that all Government property is duly returned. If the discharge takes place after 5 p.m., he shall be paid as early as practicable after 9 a.m. on the following working day.
Technical experience.
74.—(1.) A Manager may permit any person to attend at any munitions establishment for the purpose of gaining technical knowledge and experience, and any person so permitted to attend shall obey the directions of the Manager.
(2.) A Manager may at any time revoke any permit previously granted by him under this regulation.
(3.) Any person attending a munitions establishment in pursuance of a permit granted to him under this regulation shall not be entitled to any pay in respect of such attendance or of anything done by him in pursuance of any direction of the Manager, but may receive such grants, if any, as the Board in its discretion thinks fit.
Limitation of liability.
Where a payment has been made which purports to be a payment of the wages payable to the employee for any period, the Commonwealth shall not be liable to pay the employee any further sums prescribed in any award or determination in respect of any services rendered to the Commonwealth during such period unless within a period of three months after the last day of such period a demand in writing has been given to the Manager by the employee, or some person on his behalf, or by the local representative of the claimant organization, and if the claim is not admitted by the Manager, unless proceedings to recover the amount claimed are taken within six months after the date of the claim.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.