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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations create the rulebook for staff of the War Service Homes Commissioner: how officers and temporary employees are appointed, classified and paid; what hours, leave, allowances, overtime and travel expenses they get; and how promotions, transfers, discipline and retirement are handled. The Commissioner and Deputy Commissioners hold primary decision‑making power and the Commonwealth meets the specified pay and allowance costs. The instrument matters because it prescribes detailed salary ranges, index‑linked adjustments, administrative discretion and compliance burdens for staff.
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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1938. No. 64.
REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1937.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service Homes Act 1918-1937.
Dated this Twenty Second
day of June , 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
for Minister of State for the Interior.
WAR SERVICE HOMES (STAFF) REGULATIONS.
Part I.—Preliminary.
Citation.
Repeal.
Parts.
Part I.—Preliminary.
Part II.—Administration.
Part III.—Classification and Salaries.
Part IV.—Promotions and Transfers.
Part V.—Attendance, Hours of Duty and Overtime.
Part VI.—Leave of Absence and Holidays.
Part VII.—Allowances.
Part VIII.—Retirement of officers.
Part IX.—Offences.
Part X.—Temporary Employees.
Part XI.—Miscellaneous.
Definitions.
“Chief Clerk” means the officer occupying the position of Chief Clerk in the office of the Deputy Commissioner in any State;
*Notified in the Commonwealth Gazette on , 1938.
6361.—8/15.6.1938.—Price 1s. 9d.
“Deputy Commissioner” in relation to officers employed in any State, means the Deputy Commissioner in that State and, in relation to officers employed in the Central Administration, means the Deputy Commissioner in the Central Administration;
“officer” means an officer, appointed by the Commissioner, whose name has been published in the Gazette pursuant to sub-section (2a.) of section 15 of the Act;
“General Orders” means General Orders issued by the Commissioner;
“Regulations” means Regulations made under the Act;
“Rulings” means rulings issued by the Commissioner;
“Secretary” means the officer appointed under the Act as Secretary to the Commissioner;
“Staff Orders” means Staff Orders issued by the Commissioner;
“temporary employee” means a person, employed by the Commissioner, whose name has not been published in the Gazette pursuant to sub-section (2a.) of section 15 of the Act;
“the Act” means the War Service Homes Act 1918-1937;
“the Service” means the Service of the Commissioner, but does not include temporary employment.
Part II.—Administration.
Appointments.
Oath or affirmation.
6.—(1.) An officer on commencing duty shall be required to make and subscribe an oath or affirmation in the form in the First Schedule to these Regulations.
(2.) A Deputy Commissioner, or any officer thereunto authorized in writing by the Commissioner or a Deputy Commissioner, may administer the oath or affirmation.
Exercise of powers and functions.
Responsibility of Deputy Commissioner.
Officers to be given written instructions.
(a) each officer is supplied with written instructions as to his duties, and that a copy of these instructions signed by the officer concerned is filed in his Office; and
(b) a copy of all Staff Orders, Rulings and instructions from the Commissioner is issued to each officer affected by them.
Excess officers.
10.—(1.) Whenever a Deputy Commissioner finds that the number of officers under his control is greater than is required to perform the current work of the branch, or can be reduced through re-arrangement of duties or improved methods of working, he shall forthwith report the circumstances to the Commissioner.
(2.) If at any time the Commissioner finds that the number of officers employed in any branch or office is greater than is necessary for the efficient working of that branch or office, the Commissioner may transfer any officer in the branch or office to such other position of equal classification and salary in another branch or office as the officer is competent to fill, and if no such position is available he may transfer the officer to a position of lower classification and salary. If no position is available for the officer the Commissioner may retire him from the Service.
Functions of officers in charge of sections.
11.—(1.) Officers in charge of sections of a branch shall be responsible to the Deputy Commissioner for the proper and efficient working of their sections, and shall afford him their utmost aid and support.
(2.) They shall report in writing to the Deputy Commissioner—
(a) when they consider that a reduction of staff can be made in their sections through reduction in the amount of work or re-arrangement of duties; and
(b) any breaches of the Act or Regulations that come to their knowledge.
Functions of officers in charge of sub-sections.
12.—(1.) Officers in charge of sub-sections shall be responsible to the officer in charge of the section for the proper and efficient working of their sub-sections, and shall afford him their utmost aid and support.
(2.) They shall report in writing to the officer in charge—
(a) when they consider that a reduction of staff can be made in their sub-sections through reduction in the amount of work or re-arrangement of duties; and
(b) any breaches of the Act or Regulations that come to their knowledge.
Report of officers incapacitated through liquor or drugs.
Part III.—Classification and Salaries.
Divisions of Service.
The First Division;
The Second Division;
The Third Division; and
The Fourth Division.
Composition of respective Divisions.
15.—(1.) The First Division shall include the Commissioner.
(2.) The Second Division shall include officers who are required to exercise executive functions in the more important positions in the Service, and whose offices the Commissioner directs to be included in that Division.
(3.) The Third Division shall include all officers whose offices the Commissioner directs to be included in that Division.
(4.) The Fourth Division shall include all officers not included in the First, Second or Third Division.
Classification and salaries—Second Division.
16.—(1.) The limits of salary payable to an officer in any office in the Second Division shall be the limits of such salary range specified in Table A of the Second Schedule to these Regulations as the Commissioner allots in respect of that office.
(2.) Subject to sub-regulation (1.) of this regulation, the Commissioner shall allot to each officer in the Second Division limits of salary in accordance with the character and importance of the work required to be performed by the occupant of that particular office.
(3.) Subject to the provisions of regulation 22, the rate of salary payable to an officer shall be a rate specified in Table B of the Second Schedule to these Regulations within the limits of salary fixed for his office in pursuance of the foregoing provisions of this regulation, and, subject to the provisions of regulation 20, increments of salary may be paid within the limits of salary fixed in respect of his office of such amount as will raise his salary to the next higher amount shown in Table B.
Classification and Salaries—Third Division.
17.—(1.) The limits of salary payable to an officer in any office in the Third Division shall be the limits of such salary range specified in Table A of the Third Schedule to these Regulations as the Commissioner allots in respect of that office.
(2.) Subject to sub-regulation (1.) of this regulation, the Commissioner shall allot to each office in the Third Division limits of salary in accordance with the character and importance of the work required to be performed by the occupant of that particular office.
(3.) Subject to the provisions of regulation 22, the rate of salary payable to an officer shall be a rate specified in Table B of the Third Schedule to these Regulations within the limits of salary fixed for his office in pursuance of the foregoing provisions of this regulation, and, subject to the provisions of regulation 20, increments of salary may be paid within the limits of salary fixed in respect of his office of such amount as will raise his salary to the next higher amount shown in Table B.
(4.) Notwithstanding anything contained in this regulation, but subject to the provisions of regulation 22—
(a) the minimum rates of pay for male officers 21 years of age and under shall be as follows:—
| £ | ||
|---|---|---|
| Under | 17 years of age...................... | 96 |
| At | 17 years of age...................... | 108 |
| At | 18 years of age...................... | 120 |
| At | 19 years of age...................... | 144 |
| At | 20 years of age...................... | 168 |
| At | 21 years of age...................... | 222: |
(b) the minimum rates of pay to female officers 21 years of age and under shall be as follows:—
| £ | ||
|---|---|---|
| Under | 17 years of age.................. | 96 |
| At | 17 years of age.................. | 108 |
| At | 18 years of age.................. | 120 |
| At | 19 years of age.................. | 144 |
| At | 20 years of age.................. | 168 |
| At | 21 years of age.................. | 172; |
(c) the maximum of the limits of salary payable to any officer shall be not less than £306 in the case of a male officer or less than £256 in the case of a female officer;
(d) where a female officer is employed in any office for which the limits of salary fixed are amounts specified in Table B of the Third Schedule to these Regulations, the limits of salary payable to the officer shall be, subject to paragraph (b) of this sub-regulation, Fifty pounds less than those fixed in respect of that office.
Classification and salaries—Fourth Division.
18.—(1.) The limits of salary payable to an officer in any office in the Fourth Division shall be the limits of such salary range specified in Table A (in the case of male officers) or Table C (in the case of female officers) of the Fourth Schedule to these Regulations as the Commissioner allots in respect of that office.
(2.) Subject to sub-regulation (1.) of this regulation, the Commissioner shall allot to each office in the Fourth Division limits of salary in accordance with the value of the work required to be performed by the occupant of that particular office.
(3.) Subject to the provisions of regulation 22, the rate of salary payable to an officer shall be, in the case of male officers, a rate specified in Table B of the Fourth Schedule to these Regulations and, in the case of female officers, a rate specified in Table D of that Schedule, within the limits of salary fixed for his or her office in pursuance of the foregoing provisions of this regulation, and, subject to the provisions of regulation 20, increments of salary may be paid within the limits of salary fixed in respect of his or her office of such amount as will raise his or her salary to the next higher amount shown in Table C or Table D, as the case may be.
(4.) Notwithstanding anything contained in this regulation, but subject to the provisions of regulation 22—
(a) the minimum rates of pay for male officers, other than Messengers, 21 years of age and under shall be as follows:—
| £ | ||
|---|---|---|
| Under | 17 years of age.................. | 84 |
| At | 17 years of age.................. | 96 |
| At | 18 years of age.................. | 114 |
| At | 19 years of age.................. | 138 |
| At | 20 years of age.................. | 168 |
| At | 21 years of age.................. | 212; |
(b) the rates of pay for a Messenger shall be—
| £ | ||
|---|---|---|
| Under | 16 years of age.................. | 66 |
| At | 16 years of age.................. | 78 |
| At | 17 years of age.................. | 96 |
| At | 18 years of age.................. | 114; |
(c) the minimum rates of pay of female officers 21 years of age and under shall be—
| £ | ||
|---|---|---|
| Under | 17 years of age.................. | 84 |
| At | 17 years of age.................. | 96 |
| At | 18 years of age.................. | 108 |
| At | 19 years of age.................. | 126 |
| At | 20 years of age.................. | 150 |
| At | 21 years of age.................. | 162 |
Creation, abolition and reclassification of offices.
19.—(1.) A Deputy Commissioner shall report to the Commissioner whenever he considers it advisable that—
(a) new offices should be created in any Division in the branch under his control;
(b) any offices in his branch should be abolished; or
(c) the classification of any office, the duties of which have materially changed, should be raised or lowered.
(2.) Whenever the duties of any office are altered so as to affect the importance or character of the work of the office, the officer responsible for the alteration shall furnish a report setting out particulars of the alteration. The report shall be made to the Commissioner through the Deputy Commissioner who shall inform the Commissioner if, in his opinion, the classification of the office should be varied consequent upon the change of duties.
Increments.
20.—(1.) Increments of salary which are prescribed within the salary limits of any particular office shall be annual except where the Commissioner otherwise determines, and no increment shall accrue to any salary until the officer in receipt of the salary has received the salary for a period of twelve months.
(2.) The right to receive an increment in any year shall depend upon the officer having been punctual in attendance, satisfactory in conduct and in the performance of his duties, and having a proper knowledge of the Act, Regulations and General Orders. Where the efficient performance of the duties of any position require acquaintance with the Local Government Act, State Law, Municipal By-laws, &c., the right of an officer occupying such a position to receive an increment shall depend also on a satisfactory knowledge of such laws.
(3.) If, in the opinion of the Deputy Commissioner, an officer is not entitled to receive an increment from the due date, the Deputy Commissioner shall forthwith notify the Commissioner of the circumstances
This is an opening excerpt, not the complete document.