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,
Signature of the Minister of State for the Interior.
for Minister of State for the Interior.
WAR SERVICE HOMES (STAFF) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations, as amended from time to time, may be cited as the War Service Homes (Staff) Regulations.
Repeal.
The War Service Homes (Staff) Regulations 1923 (Statutory Rules 1923, No. 141, as amended by Statutory Rules 1923, No. 174; 1929, No. 12; 1932, No. 76; and 1937, No. 34) are repealed.
Parts.
These Regulations are divided into Parts as follows:—
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.
In these Regulations, unless the contrary intention appears—
“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.
Appointments of officers shall be made by the Commissioner pursuant to the powers conferred upon him by section 15 of the Act.
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.
Any power or function which by these Regulations is conferred on a Deputy Commissioner for a State may also be exercised or performed by the Commissioner, the Deputy Commissioner in the Central Administration or the Secretary.
Responsibility of Deputy Commissioner.
A Deputy Commissioner shall comply with all instructions received from the Commissioner and shall be responsible to the Commissioner for the proper and efficient working of the branch office in his State, and for all the administrative business thereof.
Officers to be given written instructions.
A Deputy Commissioner shall take such action as is necessary to ensure that—
(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.
If an officer in charge of a section or sub-section observes at any time that any officer or employee under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, he shall immediately report the matter to the Deputy Commissioner who may suspend the officer or employee concerned.
Part III.—Classification and Salaries.
Divisions of Service.
The Service shall consist of four Divisions, that is to say—
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, and the Commissioner may order that the officer be deprived of the increment for such time as the Commissioner considers justified.
(4.) The provisions of sub-regulations (1.) (2.) and (3.) of this regulation shall not apply in the case of increments accruing to officers on an age basis. Such increments must be paid as on and from the due date.
Advances from grade to grade.
Except where otherwise provided, advancement to an office with a higher maximum salary limit shall be dependent upon the occurrence of a vacancy in the higher office, or upon the Commissioner raising the classification of an office.
Variations of salary on account of variations in cost of living.
22.—(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 regulations 16, 17 and 18 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 the last preceding sub-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 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 regulations 16, 17 and 18 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 the last preceding sub-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 ease of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under 21 years of age.
(6.) The following amounts shall be added to salaries payable in pursuance of regulations 16, 17 and 18 of these Regulations after variation, if any, has been made in accordance with the foregoing provisions of this regulation:—
Officers 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.
(8.) The first adjustment of salaries under this regulation shall be made as from the commencement of the first fortnightly pay period beginning in January, 1938, and shall be based on the index number for the six months ended on the thirtieth day of September, 1937, which shall be deemed to be 70.6.
Part IV.—Promotions and Transfers.
Promotions.
23.—(1.) Whenever a vacancy occurs in an office in any Division other than the First Division, and in the opinion of the Commissioner it is necessary to fill that vacancy by the transfer or promotion of an officer, the Commissioner may, subject to these Regulations, transfer or promote an officer to fill the vacancy.
(2.) In the selection of an officer for promotion under the provisions of this regulation, consideration shall be given first to the relative efficiency, and, in the event of an equality of efficiency of two or more officers, then to the relative seniority of officers available for promotion to the vacancy.
(3.) In this regulation “efficiency” means special qualifications and aptitude for the discharge of the duties of the office to be filled, together with merit, diligence and good conduct.
(4.) Any promotion made in pursuance of this regulation shall be provisional and without increased salary pending confirmation of the promotion, and shall be subject to the right of appeal to the Commissioner.
(5.) An appeal under this regulation shall be made within fourteen days, and may be made by any officer who considers that he is more entitled to promotion to the vacant office than the officer provisionally promoted, on the ground of—
(a) superior efficiency; or
(b) equal efficiency, and seniority.
(6.) Any appeal under this regulation shall be made in the manner prescribed for communications from officers by regulation 111.
(7.) Upon receipt of the appeal, the Commissioner shall make full inquiry into the claims of the appellant and those of the officer provisionally promoted, and shall determine the appeal.
(8.) Where an appeal is disallowed, or no appeal is lodged within the prescribed time, the provisional promotion shall be confirmed.
(9.) Where an appeal is upheld, the Commisisoner may cancel the provisional promotion and promote the appellant officer to the vacant office.
Seniority.
Except where otherwise determined by the Commissioner, the relative seniority of officers shall be in accordance with the following conditions:—
(a) The officer receiving the higher salary shall be the senior;
(b) Where officers are receiving the same salary, the officer who first received such salary shall be the senior;
(c) Where the salary is the same and received from the same date, the officer who received the higher salary at the nearest date of difference, if any difference has occurred, shall be the senior;
(d) Where officers were appointed to the staff on the same date and at the same salary, and there has been no subsequent difference between the officers in salary, seniority shall be determined by the Commissioner as he thinks fit:
Provided that where an officer is eligible to receive an increment of salary within the limits of salary allotted to the office occupied by him, and the increment has been withheld or deferred, the Commissioner may determine that for purposes of seniority the salary of the officer and the date of receipt of salary shall be those which would have obtained but for the withholding or deferment of the increment.
Transfer of officers from place to place.
25.—(1.) Subject to this regulation, an officer shall not refuse transfer from one position to another of equal importance in any part of the Commonwealth.
(2.) Should any officer object to a change of station or work on the ground that it will involve him in pecuniary loss, or that the transfer is not to a position of equal importance, he may apply through the Deputy Commissioner to the Commissioner for permission to decline the transfer.
(3.) If the Commissioner finds that an objection is well founded, he may permit the officer to decline the transfer, without prejudice to the officer’s right to future promotion or appointment:
Provided that the officer shall have no grounds of appeal against loss of seniority should another officer be appointed to the position, and it be subsequently determined that the position declined by the officer is of higher status than the position in which he remained.
Exchange of positions.
Where officers, who are similarly designated and classified, desire to exchange positions temporarily or permanently, the Commissioner may approve of the exchange. All such exchanges shall be effected in the applicants’ own time and at their own expense.
Temporary transfer.
A Deputy Commissioner may temporarily transfer an officer from one position to another. When it is necessary to fill a position temporarily by the transfer of an officer of lower classification, selection shall be made from available officers on the basis of efficiency and seniority.
Transfer expenses.
28.—(1.) An officer tranferred from one locality to another because of misconduct must pay the whole cost of transfer unless otherwise determined by the Commissioner.
(2.) Except as provided in the next succeeding regulation, officers transferred from one locality to another at their own request must bear the whole cost of their removal.
Cost of conveyance on transfer.
When an officer 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 has no control, and satisfactory medical evidence is furnished to the Commissioner,
the actual cost of conveyance of the officer, together with his wife and children (if any), and of removal of his furniture and household effects, shall, subject to the provisions of the next succeeding regulation, be paid by the Commissioner.
Removal of furniture.
30.—(1.) The amount payable for the removal of an officer’s furniture and household effects shall not exceed the amounts respectively specified in the second column of the following Table opposite the salary ranges specified in the first column of that Table:—
Provided that, where it is shown to the satisfaction of the Commissioner that removal cannot be effected for the amount prescribed above as the maximum, the Commissioner may authorize the payment of such amount as will 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 Deputy Commissioner shall, wherever practicable, obtain quotations from at least two carriers and may, subject to this regulation, authorize acceptance of the more suitable.
(4.) Where an officer elects to dispose of his furniture and effects instead of removing them to his next station, the Commissioner may authorize payment to the officer of an amount equal to the loss shown 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 shall not be entitled to any compensation from the Commissioner for losses or damages arising from removal.
(6.) Furniture, where practicable, shall be removed by railway if the cost be not materially greater than by other means of conveyance.
(7.) No payment shall be admitted for the purposes of this regulation unless vouchers are produced.
(8.) Where furniture and effects are transported by sea, premium for insurance against loss or damage shall be paid by the Commissioner. The maximum amount for which a policy may be taken out shall be £500. The insurance shall be effected by the officer himself and he shall be required to furnish the Commissioner with an estimate of the approximate value of the goods insured when submitting his claim for payment of premium.
(9.) Furniture and effects transported by road or by rail or by road and rail shall not be insured at the expense of the Commissioner.
Transfer—inability to secure accommodation.
Where a married officer upon transfer cannot enter into private residence through inability to secure a house or through unavoidable delay in transmission of his furniture and household effects, and it is necessary for the officer and his wife and family (if any) to reside for the time being at an hotel or other house of accommodation, the Deputy Commissioner may grant the officer an allowance not exceeding half the cost of board and lodging of himself and his wife and family:
Provided that the allowance shall not be paid for more than one month except upon approval of the Commissioner.
Officer on transfer—use of own or hired conveyance.
32.—(1.) Officers on transfer who are entitled under these Regulations to payment of fares for themselves and families may apply to the Commissioner for permission to travel either in their own or a hired vehicle or in the private conveyance of some other officer instead of by the regular means of conveyance, and the Commissioner may grant such permission if he is satisfied that the use by the officer concerned of other than the regular means of conveyance will not be to the disadvantage of the Commonwealth by reason of excess time on the journey or otherwise.
(2.) An officer granted such permission who uses his own motor vehicle or hires a motor vehicle as the means of transport shall be entitled to payment—
(a) at the rate of 2d. per mile if the horse-power of the motor vehicle exceeds 12 horse-power; or
(b) at the rate of 1½d. per mile if the horse-power of the motor vehicle does not exceed 12 horse-power:
Provided that—
(i) the amount so paid shall not exceed the amount which would have been paid by the Commissioner as fares had the officer travelled by the usual means of conveyance, and
(ii) the mileage for the purpose of computing the amount payable shall be based upon the shortest travelling distance by suitable roads between the two points of transfer.
(3.) In addition to payments as set out in the last preceding sub-regulation, the officer may also be granted travelling allowance at the prescribed rates and travelling time (if ordinarily eligible therefor) in respect of his actual journey, provided that the amount of such payment shall not exceed the amount that would have been paid had he travelled by the usual means of conveyance.
(4.) Where an officer travelling on transfer is granted permission to travel in the private conveyance of another officer he shall not be entitled to any payment other than for travelling allowance and (if payable) travelling time. Any such payment made shall not exceed that which would have been paid had he travelled by the usual means of conveyance.
(5.) Where an officer utilizes his private conveyance under the conditions specified in this regulation and, with the concurrence of the Commissioner, provides conveyance at the same time for one or more other officers travelling the same route, in the circumstances referred to in sub-regulation (4.), the officer providing the conveyance may be granted an allowance at the rate of 1d. for each mile of the distance for which the other officer (or officers) is conveyed in addition to any other payments which may be granted to him in accordance with this regulation.
(6.) Any payment or allowance made in pursuance of this regulation or under the authority of the Commissioner in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of any State law relating to motor vehicles, transport or traffic, and the officer shall not be required to obtain any license or permission or to pay any fee or tax under any State law by reason of the fact that he receives or is entitled to receive such payment or allowance.
(7.) Where an officer entitled under these Regulations on transfer to payment of fares for himself and family uses his private conveyance and is accompanied by any member or members of his family, whose fare or fares otherwise would have been a departmental charge, be may be granted an allowance at the rate of 1d. for each mile of the distance travelled, in addition to any other payment which may be granted under this regulation, provided that the amount payable in respect of the conveyance of himself and members of his family shall not exceed the amount which would have been paid to him by the Commissioner as fares had the officer and his family travelled by the usual means of conveyance.
Part V.—Attendance, Hours of Duty and Overtime.
Hours of attendance.
33.—(1.) Except where otherwise determined by the Commissioner, hours of attendance to be observed in the Service shall be from 9 a.m. to 4.45 p.m., with an interval of one hour for luncheon, except on Saturdays, when the hours of attendance shall be from 9 a.m. to 12 noon.
(2.) The hours of attendance of chauffeurs shall be from 8 a.m. to 5 p.m., with an interval of one hour for luncheon, except on Saturdays, when the hours of attendance shall be from 8 a.m. to 12 noon.
Attendance book.
An attendance book shall be kept, and the Chief Clerk will be responsible to the Deputy Commissioner for the proper keeping of the book and the observance by officers of the regulation office hours.
Officers to sign attendance book.
35.—(1.) All officers, except those specially exempted by the Deputy Commissioner, shall enter daily in the attendance book the time of their arrival at and departure from the office. Officers shall sign immediately upon, and in order of, their arrival at the office, and enter the time of their arrival. On departure from the office at the termination of the day or period of duty, officers shall sign again in consecutive order of departure, entering the time of their departure.
(2.) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorize that officer to absent himself from duty or to leave his office except on official business within his hours of duty.
Accessibility of attendance book.
The attendance book shall be accessible at the ordinary time of arrival of officers, and shall be made available at the ordinary time of ceasing duty, and not before.
Late attendance.
An officer arriving on duty later than ten minutes after the ordinary time of commencing duty shall not record his attendance, but shall report himself to the Chief Clerk, by whom the record shall be made, together with the officer’s explanation for late attendance.
Reports of late attendance.
Where a satisfactory explanation of late attendance is not furnished, or where the officer—
(a) is frequently late in arrival after the ordinary hour of commencing duty, whether or not such attendances are ten minutes late;
(b) leaves duty without authority before the ordinary time of departure;
(c) absents himself without authority during office hours; or
(d) records incorrectly the time of his arrival or departure;
it shall be the duty of the Chief Clerk to report the conduct of the officer to the Deputy Commissioner as a breach of these Regulations.
Absence from duty during office hours.
39.—(1.) No officer shall be allowed to leave the office during office hours, except on official business or by express permission of the Deputy Commissioner or Chief Clerk, and the period of such absence, if not on official business, shall be duly recorded.
(2.) At the discretion of the Deputy Commissioner, leave for such absence may be granted with or without pay, or may be deducted from 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.
Absence from duty in case of illness or emergency.
40.—(1.) No officer shall be absent from duty without proper authority, unless reasonable cause is shown.
(2.) If an officer is prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the officer in charge of his section to the Deputy Commissioner, and shall furnish, in the case of illness, such evidence as is prescribed by these Regulations, and in the case of emergency, such evidence as the Deputy Commissioner considers necessary.
Absence without leave.
Where an officer absents himself without leave, he shall forfeit his pay for each day of such absence.
Duty after office hours.
Officers may, whenever it is necessary to bring up arrears of work or to meet pressure of business, be required to work after the usual hours. Where a Deputy Commissioner thinks such course necessary, the staff dealing with the arrears, or the whole office staff, may be retained beyond the ordinary official hours. Every officer shall, when required by the officer in charge of his section, remain after the usual hours of duty to complete work considered necessary to be done on the same day.
Authority for overtime.
43.—(1.) Where attendance beyond the usual hours is considered necessary, and such attendance may involve the payment of overtime, the officer in charge of the section shall immediately report, in writing, the circumstances to the Deputy Commissioner.
(2.) The report shall specify the officer or officers to be employed and the probable duration of the overtime, and the Deputy Commissioner, if satisfied as to the necessity therefor, may sanction the working of overtime, provided the approval of the Commissioner has first been obtained.
(3.) At the end of each four weeks, based on the pay period, the Deputy Commissioner shall furnish the Commissioner with a return showing overtime worked by each officer in each section during the said period, the amount paid therefor, and the reasons for requiring the overtime to be worked.
(4.) Payment of claims for overtime shall be made only on the approval of the Deputy Commissioner.
Recording and payment of overtime.
44.—(1.) Subject to the conditions and rates of payment prescribed in any relative Determination under the Arbitration (Public Service) Act 1920-1934, overtime shall be recorded and paid in accordance with the provisions of this regulation.
(2.) Officers may be required to work without overtime payment for any hours after 8 a.m. and before 6 p.m., provided that 81 hours per fortnight be not exceeded. Overtime shall be paid for any duty in excess of the time per day or per fortnight aforesaid:
Provided that in cases where an officer works for more than 81 hours in the aggregate in a fortnight he shall be paid at overtime rates for any time worked on any day (Mondays to Fridays) in excess of 7¼ hours:
Provided further that for all work performed on Saturdays after 1 p.m. an officer shall be entitled to payment at overtime rates.
(3.) The hourly rate of overtime, based on time and a half, shall be calculated in accordance with the following formula:—
Image of the formula for the calculation of overtime: [(Annual Salary/313)(6/Prescribed weekly hours before overtime is payable)(3/2)].
(4.) 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 fortnightly pay period.
(5.) In reckoning the hours of overtime per fortnight 81 hours shall be treated as reduced by 6¾ hours for each holiday in the fortnight and if the holiday occurs on the Saturday by 3 hours.
(6.) Officers employed on overtime duty where it extends into the evening hours shall be required to remain on duty until 6 p.m. thus completing 8 hours before leaving for the day. No departure shall be made from this arrangement except on the approval of a Deputy Commissioner for very special reasons.
(7.) In cases where an officer works overtime for a period extending over a meal hour the minimum payment for overtime shall be 3s.
(8.) Where an officer, 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.) An allowance paid to an officer for the performance of higher duties, and allowances granted in such other cases as the Commissioner determines, shall be regarded as salary for the purposes of computing overtime payment.
(10.) When overtime is computed on a fortnightly basis and an officer is absent on one or more days or half-days during the fortnight 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 officers whose daily hours of duty are clearly defined by regulation or otherwise, the deduction shall be the time which the officers would ordinarily have worked on those days or half-days;
(b) In the case of officers whose daily hours of duty vary with the volume of work to be performed, the deduction shall be—
(i) For a full day’s absence on authorized leave or for a public holiday—
The number of hours which would ordinarily have been paid for in respect of an average day’s duty on the day of absence or on which the public holiday occurred; or
(ii) For a half-day’s absence on authorized leave or for a public half-holiday—
The number of hours, from the commencement of the authorized leave or the half-holiday, required to complete the time which would ordinarily have been paid for in respect of an average day’s duty on the day on which the officer was absent or on which the half-holiday occurred; or
(iii) For authorized leave of less than half a day or for more than half a day but less than a full day— the actual number of hours’ leave granted.
(11.) Officers not working under close supervision, or whose hours of duty cannot be definitely determined, and any officer in receipt of salary exceeding £450 per annum, shall not be entitled to claim overtime, except in such cases and on such conditions as are approved by the Commissioner.
Sunday duty.
45.—(1.) Subject to these Regulations, an officer who is required to perform a full day’s duty or substantially 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 attendance on the Sunday shall be half a day’s pay.
(2.) Where an officer performs duty on a Sunday and is not granted equivalent time off during the six succeeding days, payment for such duty shall be made at the rate of double time.
(3.) Where more than two attendances on a Sunday are required of an officer and the total time of duty does not amount to half a day, the officer shall be credited with half a day’s duty, and payment for such duty shall be made at the rate of double time.
(4.) This regulation shall not apply, except in such cases as are approved by the Commissioner, to officers in receipt of salary in excess of £450 per annum.
Holiday duty.
A Deputy Commissioner may require the attendance and services of any officer on a prescribed holiday and in that event the officer shall be paid at the rate of double time for the period of duty performed.
Authorized holiday—compensation for.
Where an officer is required to work on an authorized holiday, he shall be compensated by being granted equivalent time off as soon as practicable thereafter.
Compensation for holiday duty where salary exceeds £450 per annum.
The payment of any amount, in the case of a prescribed holiday, or the allowance of any period off duty in the case of an authorized holiday, in consequence of the attendance and services of an officer during such a holiday or half-holiday, shall, if the salary of the officer concerned exceeds £450 per annum, be subject to the approval of the Commissioner.
Five day working week.
Notwithstanding anything contained in these Regulations, the hours of duty to be worked per week by officers may be so arranged by the Commissioner as to confine those hours to five days per week, namely, Monday to Friday. Any rearrangement so effected shall not involve the payment of overtime or other remuneration to officers, or any holiday pay in excess of that which would otherwise be payable.
Provided that, should it be necessary to require the attendance of officers on a Saturday during the hours they would normally have been required to work but for this regulation, they shall be allowed time off, in the following week if practicable, equivalent to the time of such attendance.
Part VI.—Leave of Absence and Holidays.
Recreation leave.
50.—(1.) A Deputy Commissioner may grant to every officer leave of absence for recreation for any period or periods not exceeding in the whole eighteen days in each year, exclusive of Sundays and holidays. The leave shall be dependent on the officer’s good conduct and regular attention to duty.
(2.) A Deputy Commissioner shall, wherever practicable, make such arrangements as will ensure that each officer shall be granted leave of absence annually for recreation, and, if leave is not taken in the year in which it accrues, it shall lapse:
Provided that a Deputy Commissioner may in any case where it is found impracticable to grant leave of absence in any year, or for any other sufficient reason, direct in writing that the leave may be taken in the following year in addition to the leave for that year, and any such case shall be reported to the Commissioner:
Provided further that in no case shall an officer be allowed to accumulate more than thirty-six days’ recreation leave.
(3.) A Deputy Commissioner may direct an officer to take, at such time as is convenient to the working of the branch or office in which he is employed, recreation leave due to him, whether or not application for leave has been made by the officer.
(4.) Every application for leave shall be made to the Deputy Commissioner through the officer in charge of the section in which the officer is employed. The officer in charge of the section shall report as to the conduct of the officer and as to his compliance with instructions, and whether leave may be granted without detriment to the work of the branch.
Deductions from recreation leave on account of other absences.
51.—(1.) In any case in which an officer since his last recreation leave, or, if the officer has not previously had recreation leave, since the date of his appointment, has been absent from duty for any cause (other than leave under regulations 54, 55, 57, 58 and 121) for more than twenty-six working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each twenty-six working days of absence, excluding the first twenty-six working days:
Provided that no deduction shall be made in respect of absence not exceeding three months for which leave has been granted—
(a) where the Deputy Commissioner is satisfied that any illness necessitating the officer’s absence is the direct result of his service in the war; or
(b) under regulation 67:
Provided further that where any such absence exceeds three months the Commissioner may extend the period in respect of which no deduction shall be made.
Officers on recreation leave not eligible for other leave.
Except as provided by paragraph (e) of regulation 60, an officer granted recreation leave shall not be entitled to claim leave for any other purpose during the currency of that recreation leave.
Date eligible for leave.
No officer shall be eligible for recreation leave until he has completed twelve months’ service:
Provided that in the case of officers transferred from other departments continuous service in any Commonwealth or State Department shall be regarded as service for the purpose of this regulation.
Provided further that, where a person who has previously been temporarily employed is appointed to an office and there is no break of continuity between such prior temporary employment and his service as an officer, the period of temporary employment shall be regarded as part of the officer’s period of service for the purposes of this regulation.
Short leave of absence.
54.—(1.) A Deputy Commissioner may, upon sufficient cause being shown, grant any officer leave of absence not exceeding three days in any twelve months without deduction from recreation leave:
Provided that where payment is made for overtime during the 30 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.
(2.) In addition to leave granted under sub-regulation (1.) of this regulation a Deputy Commissioner may grant any officer leave of absence not exceeding three days in any twelve months subject to deduction of the period of leave from the officer’s next recreation leave.
Leave for Defence purposes.
55.—(1.) An officer who is a member of the Defence Force shall be granted by a Deputy Commissioner leave of absence with full pay for the purpose of attending training camps, drills, parades, schools, classes, or courses of instruction in which his unit is participating:
Provided that evidence of the necessity for such attendance shall be submitted with the officer’s application, and, at the conclusion of the training camp, drill, parade, school, class, or course of instruction, the officer shall produce to the Deputy Commissioner 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 officer for the purpose of attending a training camp, drill, parade, school, class or course of instruction of his own unit, a Deputy Commissioner may grant to the officer in lieu thereof leave of absence as prescribed in this regulation for the purpose of attending an equivalent training camp, drill, parade, school, class or course of instruction of another unit.
(2.) Leave of absence granted under this regulation shall not be deducted from recreation leave.
(3.) An officer 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 officer 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 officer 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 officer 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.
(4.) This regulation shall apply to temporary employees:
Provided that where the employee’s services are not further required, leave shall be granted only to the date on which he would have ordinarily ceased duty.
Performance of duties of absent officers.
Subject to these Regulations, the duties of an absent officer shall be performed, if practicable, by his fellow officers without additional salary or remueration in such a manner as the officer in charge of the section directs, but, if not practicable, then in such a manner as the Deputy Commissioner or Chief Clerk directs.
Arbitration leave with pay.
Leave of absence with full pay may be granted by a Deputy Commissioner to officers summoned to attend as witnesses in proceedings under the Arbitration (Public Service) Act 1920-1934, but only for such period as is necessary to enable evidence to be tendered:
Provided that this regulation shall not apply to officers stationed beyond a radius of fifteen miles of the capital city in which the hearing takes place unless the Arbitrator certifies that their attendance is essential to the proper presentation of the case by an organization.
Arbitration leave without pay.
58.—(1.) Leave of absence without pay may be granted by a Deputy Commissioner to officers who are representatives of organizations for the purpose of preparing evidence for submission to the Arbitrator in any proceedings under the Arbitration (Public Service) Act 1920-1934:
Provided that such leave shall not be granted to more than two representatives of an organization at any one time and that the period of leave so granted shall not exceed three months in any twelve months.
(2.) The periods 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.
Medical certificates in case of sick leave.
59.—(1.) Applications from officers for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner:
Provided that a Deputy Commissioner may grant leave of absence on the grounds 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 production of a medical certificate or other evidence approved by a Deputy Commissioner, such leave shall be without pay.
(3.) Where an officer applies for sick leave in excess of six consecutive working days his application and accompanying medical certificate shall be submitted to the Commonwealth Medical Officer for advice as to whether the leave applied for is reasonable, or whether it should be reduced, and sick leave shall be granted in accordance with the advice of the Commonwealth Medical Officer.
Basis of computation of sick leave.
In the case of the illness of an officer a Deputy Commissioner may, subject to the provisions of regulation 59, on production of satisfactory medical evidence, grant the officer leave of absence on the following conditions:—
(a) The basis for determining the leave which may be granted shall be ascertained by crediting the officer with the following periods, such leave to be cumulative:—
—
Leave on Full Pay.
Leave on Half Pay.
Leave on Third Pay.
Working days
Working days
Working days
On date of appointment.................
6
4
3
On completion of six month’s service.......
6
4
3
On completion of twelve months’ service.....
12
8
6
On completion of each additional twelve months’ service
12
8
6
Provided that where in cases of long service the Commissioner considers that exceptional treatment is justified he may, where leave on pay has been exhausted, grant additional leave on third pay:
Provided further that the maximum period allowable with pay in respect of any continuous absence through illness shall be 52 weeks.
(b) Where an officer has exhausted all leave allowable with pay he may be granted leave without pay:
Provided that in respect of any continuous period of absence leave with and without pay shall not exceed 78 weeks.
(c) If at the expiration of a continuous period of leave of 78 weeks an officer is unable to resume his duties, the Commissioner may retire him from the Service and may direct that the retirement shall have effect as on and from the date of the expiration of such leave.
(d) Temporary service shall not be counted as service in the computation of leave under this regulation.
(e) If an officer falls sick while on recreation leave and produces at the time satisfactory medical evidence that he is unable to leave the house, he may be granted at a time convenient to the Commissioner additional leave equivalent to the period of sickness falling within the scheduled period of recreation leave, if the period of sickness is not less than ten days.
Provisional extension of leave.
61.—(1.) Where an officer has been absent through illness for thirteen weeks continuously, and application for further leave is made, a Deputy Commissioner may, subject to these Regulations, provisionally grant further leave, but all such applications with supporting evidence of illness shall be forwarded to the Commissioner, who may approve of the leave.
(2.) The granting of such further leave shall be subject to the officer being examined by a Commonwealth Medical Officer or other medical practitioner approved by the Deputy Commissioner.
Certificate as to fitness to resume.
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 a Deputy Commissioner, has certified that he is fit to resume work:
Provided that where an officer resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, a Deputy Commissioner may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by an approved medical officer or practitioner, and if the examination discloses that the officer is unfit to resume duty a Deputy Commissioner shall grant such further leave of absence on account of illness as the medical report indicates as necessary.
Health of officer rendering him a danger to others.
63.—(1.) If a Deputy Commissioner 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 medical practitioner named by the Deputy Commissioner.
(2.) Upon receipt of the medical report a Deputy Commissioner may direct the officer to absent himself from his duties 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.
Leave—infectious disease contacts.
64.—(1.) Upon report by a duly qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of such disease, an officer is unable to attend for duty, a Deputy Commissioner may grant the officer leave of absence. Such leave of absence may be regarded as leave of absence owing to illness or, at the option of the officer, the whole or any portion of the leave may be deducted from recreation leave due.
(2.) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.
Pay for holidays when on leave.
The rate paid for public holidays occurring during absence on leave shall be the same as that allowed for working days during the period of leave in which the holiday occurs.
Sick leave for dental purposes.
Where treatment is necessary as a matter of urgency or where physical disability due to dental causes prevent an officer from performing duty, leave of absence may be granted as follows:—
(a) Where the period for which an officer is absent does not exceed one day, a Deputy Commissioner may grant him leave of absence, without production of a dental certificate, provided that the periods of leave granted under this regulation and regulation 59 do not exceed an aggregate of three days in any twelve months;
(b) Where an officer’s continuous absence exceeds one day, but does not exceed two days, or does not exceed one day but the officer concerned has exhausted the leave which may be granted under paragraph (a) of this regulation, a Deputy Commissioner may grant leave to the extent of the period of absence, upon production of a dental certificate. Such certificate should indicate—
(i) that the officer concerned is under treatment by the dentist furnishing the certificate;
(ii) the nature of the treatment the officer is undergoing; and
(iii) the actual period of absence from duty necessitated by the treatment.
(c) Where continuous absence extends beyond two days sick leave may be granted but only when supported by a medical certificate.
Accident leave.
Notwithstanding anything contained in these Regulations, where an officer sustains physical injury while on duty, or in circumstances in which the action of the officer is regarded by a Deputy Commissioner as being so meritorious in the public interests as to warrant special consideration, the Commissioner may determine from time to time the period of leave of absence on account of such injury which may be granted to that officer and the conditions under which the leave may be granted.
Leave for pension review, periodical medical attention, attendance before War Pensions Appeal Tribunal.
68.—(1.) Subject to the limitations mentioned in sub-regulation (2.) of this regulation, absences of returned soldiers for the following purposes shall be covered by leave with pay under regulation 39, without deduction from recreation leave:—
(a) Attending hospital or medical officer for pension review.
(b) Attending hospital to report or for periodical examination or attention.
(c) Attending limb factories for supply, renewal and repair of artificial replacements and surgical appliances.
(2.) In the following instances leave for any of the purposes mentioned in sub-regulation (1.) of this regulation shall be deducted from sick leave credit:—
(a) Where any absence exceeds half a day;
(b) Where the officer has already been absent under regulation 39 on four or more occasions within the preceding month;
(c) Where the total amount of leave already granted to the officer under regulation 39 in the preceding twelve months amounts to four whole days.
(3.) Leave required by a returned soldier to attend before a War Pensions Tribunal shall be granted with pay under regulation 54, without deduction from recreation leave. Where the leave which may be granted under that regulation has been exhausted the period of absence shall be deducted from recreation leave due, if any, or be granted without pay.
Illness caused through misconduct.
69.—(1.) No leave shall be granted with pay on account of illness caused by the misconduct of the officer, or in any case of absence from duty without sufficient cause.
(2.) A Deputy Commissioner shall advise the Commissioner of any case in which an officer is absent from duty on account of illness caused by the misconduct of the officer, or without sufficient cause, and the Commissioner may determine that the period of any such absence from duty shall not for any purpose be included as part of the officer’s period of service.
(3.) Where a Deputy Commissioner, or any officer approved by a Deputy Commissioner, 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 such officer to attend on a medical practitioner for examination.
(4.) 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 a Deputy Commissioner, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer and be deducted from his salary.
(5.) 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 a Deputy Commissioner, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Deputy Commissioner and the medical practitioner.
(6.) An officer shall, whenever so required by the Deputy Commissioner or by any officer thereto authorized by the Deputy Commissioner, submit himself to medical examination by a medical practitioner selected by the Deputy Commissioner, or by any officer thereto authorized by the Deputy Commissioner.
Emergency leave.
A Deputy Commissioner may grant an officer, in case of pressing necessity, leave of absence not exceeding three months in any period of twelve months, but, except as provided in regulations 39 and 54, such leave shall be without pay.
Furlough.
71.—(1.) When an officer has continued in the Service for at least twenty years the Commissioner may grant to him leave of absence for a period not exceeding one month and a 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 one time.
(2.) When an officer who has continued in the Service for at least twenty years is retired from the Service, the Commissioner may authorize the 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 the last preceding sub-regulation.
(3.) Upon the death of any officer who at the time of his death was eligible under this regulation for the grant of leave of absence, or if the Commissioner, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed, the Commissioner 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 Commissioner has directed that the death of the officer be presumed, the date determined by the Commissioner.
(4.) 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 the retirement of an officer under regulations 93 or 94 of these Regulations, leave of absence for recreation shall not be granted under regulation 50 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 this paragraph be withheld or regarded as part of the period of leave of absence granted under this regulation during any officer’s 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 salary provided under this regulation may be granted.
(5.) For the purposes of this regulation—
“salary” includes allowances payable under regulation 91;
“service” means continuous service in the service of the War Service Homes Commissioner, but does not include—
(a) the service of any person whose name is not published in the Gazette in pursuance of sub-section (2a.) of section 15 of the Act;
(b) in the case of a person who becomes an officer after the date of the commencement of this regulation, any service in a temporary capacity.
(6.) This regulation shall be deemed to have taken effect as from the sixteenth day of September, 1937, and shall apply in relation to officers in the Service on or after that date.
Extended leave or pay in lieu to officers not entitled to furlough.
72.—(1.) The Commissioner may grant to any officer whose period of service is less than twenty years, who is not eligible for furlough under the last preceding regulation, immediately prior to his retirement from the Service on, or subsequent to, his attaining the age of sixty years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—
16 years or more, but less than 20 years........................
5 months.
12 years or more, but less than 16 years........................
4 months.
8 years or more, but less than 12 years.........................
3 months.
4 years or more, but less than 8 years..........................
2 months.
(2.) In lieu of leave in accordance with the last preceding sub-regulation the Commissioner may authorize payment to an officer eligible for leave in pursuance of that sub-regulation, upon his retirement from the Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under that sub-regulation.
(3.) Where an officer who is not eligible for leave of absence under the last preceding regulation is being retired from the Service under sub-regulation (2.) of regulation 10 of these Regulations, the Commissioner may authorize payment to him of a sum equivalent to the salary for a period of leave not exceeding that which, had he attained the age for retirement prescribed by regulation 94 of these Regulations, the Commissioner could have granted to him under sub-regulation (1.) of this regulation.
(4.) Where an officer, who is less than sixty years of age, retires from the Service after less than twenty years’ service, and produces to the Commissioner satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his own control, the Commissioner 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 sixty years, he would have been eligible under sub-regulation (1.) of this regulation.
(5.) Where before an officer has completed twenty years’ service and either before or after he has attained the age of sixty years—
(i) the officer dies; or
(ii) the Commissioner, after consideration of all the circumstances, directs that the death of the officer be presumed,
the Commissioner 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 been eligible under sub-regulation (1.) of this regulation for, and been granted, leave of absence at the date of his death, or, in any case where the Commissioner has directed that the death of an officer be presumed, at a date determined by the Commissioner.
(6.) 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 salary provided under this regulation may be granted.
(7.) For the purposes of this regulation—
“salary” includes allowances payable under regulation 91;
“service” means continuous service in the service of the War Service Homes Commissioner, but does not include—
(a) the service of any person whose name is not published in the Gazette in pursuance of sub-section (2a.)of section 15 of the Act;
(b) in the case of a person who becomes an officer after the date of the commencement of this regulation, any service in a temporary capacity.
(8.) This regulation shall be deemed to have taken effect as from the sixteenth day of September, 1937, and shall apply in relation to officers in the Service on or after that date.
Prescribed holidays.
73.—(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 in the Service, namely:—
the first day of January,
the twenty-sixth 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,
the twenty-fifth day of April, and
any day proclaimed by the Governor-General or required by any Act to be observed in lieu of the said days:
Provided that 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 the Service in lieu of such Sunday.
(2.) In addition to the days mentioned in sub-regulation (1.) of this regulation there may be observed as public holidays or half-holidays in the Service, or in any part thereof, such additional days or half-days, not exceeding in the whole, in the case of any office, four days in any one calendar year, as are authorized by the Commissioner.
(3.) In addition to the days hereinbefore mentioned in this regulation, any specified day or half-day appointed by the Governor-General by proclamation, pursuant to sub-section (4.) of section 76 of the Commonwealth Public Service Act 1922-1934, to be observed as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof shall be observed as a holiday or half-holiday, as the case may be, in the Service of the Commissioner or the corresponding part thereof.
Public holidays.
74.—(1.) Where an officer is absent without pay for satisfactory cause either immediately prior to or immediately subsequent to a holiday or holidays, payment shall be made for such holiday or holidays.
(2.) Where an officer is absent without pay on days both immediately prior and subsequent to a holiday or holidays the leave granted shall include the holiday or holidays and payment shall not be made for the holiday or holidays.
Part VII.—Allowances.
Travelling Allowances.
75.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowances for all officers and temporary employees:—
(2.) For the purpose of calculating the rate of travelling allowance payable under this regulation, the maximum salary of the position shall be deemed not to be affected or varied by the provisions of regulation 22.
(3.) The rates set out above to be paid to an officer in a capital city shall not apply to time spent in travelling to or from a capital city, but only to the period of the officer’s residence therein. For time occupied in travelling to or from a capital city payment shall be made at the rates prescribed for localities other than capital cities.
(4.) Where allowance has been paid to an officer under this regulation for eight weeks’ residence in one locality, a Deputy Commissioner shall submit the case to the Commissioner for review. No such allowance shall be continued beyond three months without the approval of the Commissioner, and if, upon review, the Commissioner considers the amount excessive it shall be discontinued or reduced to such amount as the Commissioner thinks fit.
(5.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer is not required to be absent from his head-quarters overnight.
Allowances payable where officers travel by steamer or railway.
76.—(1.) When officers travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those officers would be entitled shall be allowed:
Provided that where an officer is travelling by a steamer owned or chartered by the Commonwealth Government, the rate of allowance shall be determined by the Commissioner, but such allowance shall not exceed one-quarter of the ordinary rate.
(2.) Where an officer is provided with subsistence and lodging a Deputy Commissioner 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 is provided with subsistence without lodging, or is provided with lodging without subsistence, a Deputy Commissioner 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, or by more than two-thirds where subsistence only is provided.
Allowances to be in addition to cost of conveyance.
All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowances 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 officers travel:
Provided that in the case of an officer travelling on permanent transfer to whom the provisions of regulation 29 are applicable, the period shall be computed to time of arrival at the place to which he has been transferred.
Claims not to include personal services.
Claims for travelling allowance shall not include items such as gratuities for services on behalf of officers personally and payments to porters for handling the personal effects of officers.
Additional allowance to officer moving from temporary station.
Where an officer in receipt of a weekly rate of allowance is required to leave his temporary station 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.
Allowance during illness when away from head-quarters.
80.—(1.) When an officer absent from his head-quarters on duty is forced 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 these Regulations governing travelling allowance had he been on duty for the period involved.
(2.) Where an officer returns to his home while on sick leave, payment of travelling allowance shall cease from the time of his departure from his temporary station, but the cost of fares to the officer’s home, and, if he is required to resume duty at the temporary station, from his home to his temporary station, shall be borne by the Commissioner.
(3.) The operation of this regulation shall be subject to the conditions contained in sub-regulation (4.) of regulation 75.
Definition of married officer.
For the purpose of payment of travelling allowance, a married officer shall be deemed to include any unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Commissioner, justify his inclusion.
Additional payment where rates provided not sufficient.
Where it is proved to the satisfaction of the Commissioner by any officer that the travelling expenses he would be entitled to receive under these Regulations do not cover his actual expenses, the Commissioner may authorize a payment in addition to that otherwise provided by these Regulations.
Travelling allowances not payable where transfer to be permanent.
Notwithstanding anything contained in these Regulations, an officer who is instructed to proceed to a branch in anticipation of his permanent transfer thereto, and who has been notified in writing by the Commissioner that his transfer is to be made permanent, shall not be eligible to receive travelling allowance during his employment at such branch.
Railway travelling.
84.—(1.) Officers shall travel by railway if the cost be not materially greater than by other means of conveyance.
(2.) Where an officer does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance:
Provided that the officer shall furnish receipts for all payments which exceed five shillings.
Parlour car or deck cabin.
An officer desirous of using the parlour car on any railway line or deck cabin on any steamer shall do so at his own expense.
Fares.
86.—(1.) Second class fares shall be allowed to officers 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 Commissioner may allow first class fares to any officer:
Provided further that first class fares shall be allowed—
(a) to officers travelling by steamer on the Queensland or Western Australian coast;
(b) to officers 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 the officer is accompanied by his wife or his wife and family; and
(c) to female officers.
(2.) In determining the maximum salary of an officer’s position for the purpose of this regulation variations of salary made in the manner set out in regulation 22 of these Regulations shall not be taken into account.
Cab or motor car hire.
87.—(1.) Cab or motor car fares shall not be allowed where the distance can be travelled by the ordinary mode of conveyance, such as tram, train or bus, and in any event no amount exceeding 5s. for cab or car hire shall be reimbursed without the special approval of a Deputy Commissioner and the submission of a proper receipt.
(2.) Where officers are travelling on official business, claims for hire of cabs or motor cars between their homes and the point of their departure from or return to head-quarters shall be refused, unless upon investigation it is found that—
(a) a more economical means of transport was not available;
(b) the quantity of baggage carried made it difficult from the point of view of time and convenience to utilize an alternative to cab or car hire; or
(c) the status of the officer or the duties upon which he was engaged rendered the use of a cab or car desirable.
Car or cycle allowances.
88.—(1.) Any officer who uses his own motor truck, motor car, or cycle for official purposes or when travelling on public business, or any officer whose motor truck, motor car or cycle is used for such purposes, shall be allowed, in respect of such use, payment at the following rates:—
<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Per mile up to 5,000 miles in any twelve months.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Per mile after 5,000 miles in any twelve months.</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">s</span><span style="font-family:'Times New Roman', serif">.</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">s</span><span style="font-family:'Times New Roman', serif">.</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor truck, 1 ton capacity or over</span><span style="width:114.39pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">6½</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">4½</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Other motor truck</span><span style="width:189.23pt; font-family:'Lucida Console', monospace; display:inline-block">............................</span></p></td><td colspan="4" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">½d. per mile above rate for car of similar horsepower</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">s.</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">s.</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car over 12 horse-power</span><span style="width:131.2pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">5½</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">3½</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:14.4pt; margin-bottom:0pt; text-indent:-14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car over 8 horse-power and not exceeding 12 horse-power</span><span style="width:1.8pt; text-indent:0pt; display:inline-block"></span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">4½</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">2½</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:14.4pt; margin-bottom:0pt; text-indent:-14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car 8 horse-power or under</span><span style="width:119.29pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">4</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">2</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:14.4pt; margin-bottom:0pt; text-indent:-14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor cycle with side car</span><span style="width:156.24pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.......................</span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1½</span></p></td></tr><tr style="height:1pt"><td style="width:62.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:14.4pt; margin-bottom:0pt; text-indent:-14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor cycle</span><span style="width:215.2pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................................</span></p></td><td style="width:6.84%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:10.44%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1¾</span></p></td><td style="width:11.38%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:9.08%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td></tr></tbody></table>
In respect of the use of a bicycle the allowance shall be at the rate of 3d. per mile, subject to reduction to 1½d. per mile, after the first 20 miles on any journey exceeding that distance.
(2) The Commissioner may increase the rates prescribed by this regulation in any case in which he is satisfied that they are inadequate.
(3.) An officer shall not be entitled to an allowance under this regulation unless it is shown to the satisfaction of the Deputy Commissioner that the use of a motor truck, motor car, motor cycle or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.
Meal allowance.
89.—(1.) Where an officer whose ordinary hours of duty are between 7.30 a.m. and 6 p.m., is required to attend for duty before 6.30 a.m. or to remain on duty after 6.30 p.m., and where an officer 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 according to salary on the following scale:—
<table cellspacing="0" cellpadding="0" style="width:78.8%; margin-left:58.5pt; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1.05pt"><td style="width:84.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:21.6pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">Salary.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">Allowance.</span></p></td></tr><tr style="height:1.05pt"><td style="width:84.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">£750 and over</span><span style="width:214.52pt; font-family:'Lucida Console', monospace; display:inline-block">................................</span></p></td><td style="width:8.6%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">4</span></p></td><td style="width:7.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1.05pt"><td style="width:84.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">£500 and under £750</span><span style="width:184.27pt; font-family:'Lucida Console', monospace; display:inline-block">...........................</span></p></td><td style="width:8.6%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:7.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1.05pt"><td style="width:84.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">£400 and under £500</span><span style="width:184.27pt; font-family:'Lucida Console', monospace; display:inline-block">...........................</span></p></td><td style="width:8.6%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:7.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">6</span></p></td></tr><tr style="height:1.05pt"><td style="width:84.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">Under £400</span><span style="width:225.21pt; font-family:'Lucida Console', monospace; display:inline-block">.................................</span></p></td><td style="width:8.6%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:7.08%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr></tbody></table>
(2.) A meal allowance shall not be granted when overtime pay is given, but when the amount of meal allowance would exceed the amount of overtime pay, the meal allowance may be granted instead of overtime pay.
(3.) Payment of meal allowance shall be restricted to cases where the performance of extra duty renders it necessary for an officer to incur expense in obtaining a meal away from home, and shall not be made in cases such as where an officer works on for two hours and is then able to proceed to his home for his meal.
(4.) The provisions of this regulation shall apply only in cases where an officer is working at his head-quarters. Expenditure incurred in the purchase of meals during an absence from head-quarters, but not overnight, shall be dealt with under the provisions of sub-regulation (5.) of regulation 75.
Excess travelling time.
90.—(1.) An officer who is travelling or on duty away from his usual station shall be paid at a rate equal to his ordinary rate of pay, subject to the limitations hereinafter stated, for the time necessarily spent in travel or on duty (exclusive of overtime) in excess of—
(a) his usual hours of duty for the day; and
(b) the time necessarily elapsing between time of departure from home and commencement of duty at his usual station and the time necessarily elapsing between time of ceasing duty at his usual station and arrival at home; provided that in the case of officers referred to in sub-regulation (2.) (b) hereunder, a minimum time of twenty minutes each way shall apply.
Payment shall not be made under this regulation unless the excess time exceeds one half-hour in any one day or three hours in any pay period; nor for more than five hours in any one day.
(2.) The term “usual station” for the purposes of this regulation means—
(a) for officers who are required ordinarily to work day by day at the same fixed place of work—the place so fixed by the Commissioner;
(b) for officers whose place of work is variable within a specified district—a place within the district fixed by a Deputy Commissioner or by an officer authorized by a Deputy Commissioner to do so.
(3.) Travelling time shall include—
(a) the time during which an officer has to wait for change of trains or other scheduled conveyances, between the advertised and actual time of departure;
(b) in the case of an officer not absent from his permanent or temporary head-quarters overnight, the time spent by such officer outside the usual hours of duty for the day in waiting between the time of arrival at the scene of work and the time of commencement of work, and/or between the time of ceasing work and the time of departure of the first available train or other means of conveyance;
(c) time spent in travelling on transfer in all cases where transfer expenses are allowed, except where such transfer involves promotion which carries increased pay.
(4.) Travelling time shall not include—
(a) time of travelling by a ship on which accommodation and meals are provided;
(b) time of travelling by train between 10.30 p.m. and 7 a.m. where a sleeping berth is provided on such train, or any time of travelling (day or night) by train from one capital city to another where a sleeping berth is provided.
(5.) An officer may be required to work at any place within the district, and may be required to proceed direct to such place of work without proceeding to his usual station. If the time necessarily spent by an officer in proceeding direct to and returning from such place of work establishes a claim to payment for excess travelling time, it shall be dealt with under the general provisions of this regulation.
(6.) Officers in receipt of a salary exceeding £450 per annum shall not be entitled to payment for excess travelling time.
(7.) In this regulation, “day” means from midnight to midnight.
Child endowment.
91.—(1.) In addition to the salary paid under these Regulations or under any determination made under the Arbitration (Public Service) Act 1920-1934, there shall be payable to each officer who is in receipt of salary less than £500 per annum, and who is married or a widower or widow, and is the father or step-father or mother or stepmother of any child under the age of fourteen years and dependent upon and maintained by the officer, an allowance of £13 per annum in respect of each such child so dependent and maintained. A similar allowance may, on the approval of the Commissioner, be granted to any officer in respect of any orphan or adopted child under the age of fourteen years who is dependent upon and maintained by that officer:
Provided that the total sum per annum paid to any officer under this sub-regulation shall not exceed the amount by which the salary per annum falls short of £500:
Provided further that no payment of allowance under this sub-regulation shall be made to an officer unless he makes written application to the Deputy Commissioner for payment of allowance, and the allowance shall not be payable in respect of any period exceeding four months prior to the date upon which such application is made to the Deputy Commissioner.
(2.) It shall be the duty of each officer who is in receipt of allowance under the provisions of this regulation immediately to notify the Deputy Commissioner in the event of his becoming ineligible under the prescribed conditions for the payment of allowance or any portion thereof.
Higher duties allowance.
92.—(1.) Where an officer has for at least 26 working days (continuously or in periods of not less than one day) within any period of twelve months performed, to the satisfaction of the Commissioner, the whole of the duties of an office higher than that in which he is classified, he shall be granted, after the completion of 26 working days, and while continuing to perform the higher duties, an allowance equal to the difference between his classified salary and the minimum salary allotted for the higher office:
Provided, however, that a second period of 26 days without payment of allowance shall not be required to be worked so long as the acting service has been continuous and extending over twelve months.
(2.) Where an officer performs higher duty in a continuous period, and such duty is at least the equivalent of one full day, even though the duty extends from one day to the next day, he shall be credited with, or paid for, as the case may be, the full period of acting service. Duty performed in a higher office on a Sunday shall count in the same way as duty in such higher office on any other day of the week.
(3.) An officer called upon to occupy a higher office temporarily shall be entitled to increments as though he had been permanently promoted to such office:
Provided that in the case of the first increment the officer shall have performed the higher duties for twelve months (continuously or in broken periods) during the preceding two years:
Provided further that the officer shall be entitled to receive a second increment if he shall have performed the higher duties for two years (continuously or in broken periods) during the preceding four years.
Further increments shall be granted on the basis of the foregoing.
(4.) In the event of an officer while acting in a higher office being permanently promoted he shall not suffer any reduction of salary or increments, and shall receive increments in the same manner as he would have received them had his acting appointment been permanent. In the event of an officer who has previously acted in a higher office being permanently promoted at a time when he is not temporarily performing the duties of such office he shall be credited with past higher duties service, provided that in order to be eligible for payment of increments he must comply with the conditions governing the granting of higher duties allowance increments as contained in sub-regulation (3.) of this regulation:
Provided that, if the officer is promoted to a position which is lower than that in which he has been acting, his remuneration on promotion shall be equivalent to the amount he would have received had the period of acting service been in the lower position.
(5.) Where the salary ranges of the office held by the acting officer and of the office temporarily occupied overlap, the acting officer shall, subject to the provisions of sub-regulation (1.) of this regulation, be paid such allowance as would raise his total remuneration, while so acting, to the amount he would have received if he had been permanently promoted to the higher office.
Part VIII.—Retirement of Officers.
Incapacity of officers.
If an officer appears to the Commissioner to be inefficient or incompetent or unfit to discharge or incapable of discharging the duties of his office efficiently, the Commissioner may, after investigation into the circumstances, by notification to the officer retire him from a date specified in the notification, or may transfer him to some other position with salary appropriate to such position.
Retirement of officers.
94.—(1.) Every officer having attained the age of 60 years shall be entitled to retire from the Service if he desires so to do; but any such officer may (unless retired as hereinafter provided) continue in the Service until he attains the age of 65 years.
(2.) If any 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 from the Service by the Commissioner.
Officers may be retained in Service.
When an officer has attained the age of 65 years and in the opinion of the Commissioner it is desirable in the interests of the Commonwealth that the officer should continue in the performance of the duties of his office, and the officer is able and willing to do so, the Commissioner may direct the officer to continue in the office for a fixed term not exceeding twelve months, otherwise every officer attaining the age of 65 years shall retire from the Service.
Part IX.—Offences.
Offences.
96.—(1.) An officer who—
(a) wilfully disobeys or disregards any lawful order made or given by any officer having authority to make or give the order; or
(b) is negligent or careless in the discharge of his duties; or
(c) is inefficient or incompetent through causes which appear to be within his own control; or
(d) uses intoxicating liquors or drugs to excess; or
(e) is guilty of any disgraceful or improper conduct, either in his official capacity or otherwise; or
(f) commits any breach of these Regulations,
shall be guilty of an offence and shall be liable to such punishment as the Commissioner determines under the provisions of this regulation.
(2.) If a Deputy Commissioner has any reason to believe that an officer has committed a minor offence, he may call upon the officer for an explanation of the alleged offence, and if, on consideration of the explanation, he is of the opinion that the offence has been committed, he may caution or reprimand the offending officer.
(3.) Where there is reason to believe that an officer has committed an offence, other than a minor offence—
(a) the officer may be charged by the Deputy Commissioner and may, if it is considered that the charge is of such a serious nature that the charged officer should not continue in the performance of his duty, be suspended by the Deputy Commissioner;
(b) suspension may be effected prior to, or at the time of, or subsequent to, the laying of the charge, and may be removed at any time by the Commissioner pending determination of the charge, or, in any case where the charge has not been sustained, immediately upon a finding to that effect;
(c) the officer shall be immediately furnished with a copy of the charge, and shall be required forthwith to state in writing whether he admits or denies the truth of the charge, and shall be allowed to give any written explanation in regard thereto;
(d) the Deputy Commissioner shall forward the explanation, together with his report and his recommendation, to the Commissioner;
(e) where an officer is suspended for an offence and the charge has been found by the Commissioner to be not proven, full pay for the period of suspension shall be allowed;
(f) where the offence is admitted or proved and the Commissioner decides to dismiss the officer concerned, no payment shall, unless with the express authority of the Commissioner, be made for any portion of the period of suspension, and the dismissal shall take effect as from the date of suspension; but where the Commissioner decides to impose a penalty, other than dismissal, the officer may be deprived of pay for the whole or any portion of the period of suspension, provided that where the Commissioner decides
to reduce the offending officer to a lower class or grade and to reduce his salary or wages, payment for the period of suspension may, at the discretion of the Commissioner, be at the reduced rate.
(4.) The Commissioner may, if he is of opinion that it is desirable to do so, appoint a Board of Inquiry to hear and report upon any charge laid in accordance with sub-regulation (3.) of this regulation.
(5.) A Board may be appointed under the last preceding sub-regulation, notwithstanding that a decision on the charge in respect of which the Board is appointed has previously been given by the Commissioner.
(6.) A Board appointed under this regulation shall, in relation to the hearing of the charge, have power to summon witnesses, to require the production of books and documents, to administer oaths or affirmations and take evidence upon oath or affirmation.
(7.) The Board shall report upon the charge to the Commissioner who may thereupon impose upon the officer charged any punishment the Commissioner has power to impose under these Regulations or, where a prior decision has been given in respect of the charge, annul, vary or confirm that decision.
Officer convicted of criminal offence.
97.—(1.) Where an officer is charged with having committed any criminal offence against the law of the Commonwealth or of a State, or of a Territory of the Commonwealth, punishable either on indictment or on summary conviction, he may be suspended by the Deputy Commissioner.
(2.) If, upon the hearing of the charge by any Court, the officer is found guilty of the offence, the Commissioner may (whether the officer has been suspended or not) deal with the officer as if he had been charged under these Regulations.
Part X.—Temporary Employees.
Employment of temporary assistance.
The Commissioner may engage such temporary employees as he thinks necessary from time to time for the purposes of the Act.
Conditions of employment.
99.—(1.) The provisions of Parts III., IV., VIII. and IX. of these Regulations shall not apply to persons temporarily employed.
(2.) Except where otherwise determined by the Commissioner, the provisions of these Regulations relating to attendance, hours of duty, overtime, public holidays, holiday and Sunday pay, meal allowance and child endowment in the case of classified officers shall apply to persons temporarily employed.
(3.) Except where otherwise prescribed by these Regulations, every temporary employee shall be subject to the provisions of these Regulations, wherever deemed applicable by the Commissioner.
Rates of pay.
Except where otherwise directed by the Commissioner, the rates of pay of temporary employees on commencing duty shall be at the minimum of the grades of the equivalent positions of classified officers.
Recreation leave for temporary employees.
101.—(1.) A temporary employee who has completed twelve months’ continuous service shall, immediately upon the completion of such service, subject to his services being still required, be granted eighteen days’ leave of absence for recreation, exclusive of Sundays and holidays:
Provided that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 55 and such other leave as the Commissioner from time to time determines) for more than 26 working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each 26 working days of absence, excluding the first 26 working days.
(2.) The granting of leave shall not be deferred for any reason other than there being no means of carrying on the work of the temporary employee during his absence, and, in any case, where leave has been deferred the Deputy Commissioner for the State shall advise the Commissioner, immediately upon the leave becoming due, of the circumstances necessitating deferment.
(3.) Where leave has been deferred and if it is not possible to grant the leave before termination of employment, or if on the completion of twelve months’ service the services of the temporary employee are not further required, the employee shall be granted an amount equivalent to his pay for the period of leave deferred, provided his services have been satisfactory.
(4.) For the purpose of determining eligibility for leave under sub-regulation (1.) of this regulation, any discontinuance of employment for any period not exceeding six working days shall not be regarded as a break in the continuity of employment if such discontinuance was entirely due to the requirements of the Commissioner:
Provided that additional time equal to the total period of such discontinuance shall be worked before the temporary employee may be regarded as having completed twelve months’ continuous service.
(5.) Recreation leave shall not be granted on the resignation of a temporary employee unless he has completed twelve months service and the granting of leave has been deferred under sub-regulation (2.) of this regulation, or on the termination of his employment on account of unsatisfactory service.
Sick leave to temporary employees.
102.—(1.) Temporary employees who are returned soldiers, 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 the employee has not completed 26 working days’ actual duty the Deputy Commissioner, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;
(c) Where the employee has completed 26 days’ actual duty, the Deputy Commissioner may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—
(i) with pay, at the rate of one day for each 26 days of service in respect of which no sick leave with pay has been previously granted, subject to the
production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in the preceding twelve months; and
(ii) without pay, at the rate of two days for each 26 days of service except during the first twelve months of service when leave not exceeding 24 days may be granted.
(d) The leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and 24 days without pay:
Provided that, where the employee produces satisfactory medical evidence that his illness originated from active service and he has exhausted the sick leave with pay for which he is eligible under the provisions of paragraph (c) of sub-regulation (1.) of this regulation, the Deputy Commissioner may grant additional sick leave on half-pay or at the rate of seven shillings per day, whichever is the greater, to the extent of six days (including holidays but excluding Sundays) in any twelve months:
Provided further that the total leave granted under this sub-regulation shall not exceed twelve days on full pay, six days on half-pay or reduced pay and 24 days without pay in any twelve months.
(2.) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Deputy Commissioner 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.) Leave allowable under this regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate to the extent of twelve days with pay and twenty-four days without pay in the case of employees who are returned soldiers, and six days with pay and twenty-four days without pay in the case of employees who are not returned soldiers, in respect of any twelve months of service.
(4.) For the purposes of this regulation twelve months continuous employment or twelve months continuous service shall mean twelve months employment within a period of fourteen months, provided that
any breaks in employment shall have been due to the requirements of the Commissioner.
(5.) Notwithstanding anything contained in this regulation, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Deputy Commissioner as being so meritorious in the public interests as to warrant special consideration, the Commissioner 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.
Emergency leave.
103.—(1.) A Deputy Commissioner may, upon sufficient cause being shown, grant leave of absence not exceeding three days in any twelve months to a temporary employee, if he has completed at least twelve months continuous service. Leave under this regulation may, at the discretion of the Deputy Commissioner, be deducted from recreation leave due, or may be granted without pay.
(2.) In addition to leave referred to in sub-regulation (1.) of this regulation, a Deputy Commissioner may grant leave without pay for emergency purposes to any temporary employee for such period or periods as will not, added to periods of unemployment counted as service, exceed two months in any fourteen months.
Dismissal.
The services of any person temporarily employed may be dispensed with at any time by a Deputy Commissioner, subject to confirmation by the Commissioner.
Part XI.—Miscellaneous.
Allowances based on salary.
Where the rate of payment of any allowance, or of any payment extraneous to salary, is based upon the rate of an officer’s salary, in the case of an officer who is entitled to increments at prescribed periods, the rate of salary shall be taken to be the rate to which the officer is entitled during the period in respect of which the allowance is payable, and, in the case of an officer who is not so entitled, the rate of salary shall be taken to be the rate at which the officer is actually being paid during the period in respect of which the allowance is payable, notwithstanding that he is subsequently granted an increase of salary to take effect from a date earlier than such period.
Obligations as to duty and behavior.
Every officer shall—
(a) during the hours of official business devote himself exclusively and zealously to the discharge of his public duties;
(b) behave at all times with courtesy to the public, giving prompt attention to all reasonable requirements;
(c) obey promptly all instructions given to him by any officer under whose control or supervision he is placed;
(d) promptly and correctly carry out all duties appertaining to his office, or any other duty he is directed to perform; and
(e) in due course and at proper times comply with, and give effect to, the provisions of the Act and the Regulations and all General Orders, Rulings and Staff Orders issued by the Commissioner.
Appeals against instructions.
107.—(1.) If any officer considers he has grounds of complaint arising out of an official instruction, or from any other cause, he may appeal in regard thereto, through his immediate superior officer, to the Deputy Commissioner, but he shall nevertheless, as far as possible, carry out any instruction given him until it is countermanded by competent authority.
(2.) If an officer, having appealed to a Deputy Commissioner in pursuance of this regulation, is dissatisfied with the decision, the Deputy Commissioner shall, on request by the officer, forward the appeal to the Commissioner.
Public comment on administration.
An officer shall not—
(a) publicly comment upon any administrative action or upon the administration of any Department; or
(b) use for any purpose, other than for the discharge of his official duties, information gained by or conveyed to him in the course of the performance of those duties.
Information to be secret.
109.—(1.) Except in the course of his official duty, an officer shall not divulge any information concerning the business of the Commissioner, or any other matter of which he has knowledge officially, and he shall not disclose the contents of any official papers without the express direction or permission of the Deputy Commissioner for the State.
(2.) The Deputy Commissioner may immediately suspend any officer charged with committing a breach of this regulation.
(3.) Officers shall sign a declaration of secrecy with regard to information received by them in their official capacity.
Outside influence.
An officer shall not seek the influence or interest of any person outside the Service in order to obtain promotion, transfer or other advantage, and he shall not, except as provided by regulation 113, supply to another officer, for use for any such purpose, certificates or testimonials relating to official capacity or performance of official duties. Any officer who considers that his claim for promotion or consideration has been overlooked may submit the matter for consideration by the Commissioner in the manner prescribed by the next succeeding regulation.
Communications to Central Administration.
All communications from officers which are intended for consideration by the Commissioner shall be addressed to the Secretary and forwarded by the officer in charge of the section, through the Chief Clerk, to the Deputy Commissioner, who shall forward them to the Secretary with such comment as he deems necessary.
Communications to Deputy Commissioner.
All communications intended for a Deputy Commissioner shall be forwarded, through the officer in charge of the section, to the Chief Clerk, who shall transmit them at once to the Deputy Commissioner with such comment as he deems necessary.
Giving of testimonials.
No officer, otter than a Deputy Commissioner shall give a reference or testimonial to an officer or ex-officer of the Service as to the manner in which he performed his official duties.
Solicitation or acceptance of gifts.
No officer shall, directly or indirectly, solicit or accept gifts or presents from any member of the public concerned, directly or indirectly, with any matter connected with the duties of the officer or in which the Commissioner is interested:
Provided that this regulation shall not prevent the acceptance by an officer, with the permission in writing of the Deputy Commissioner, of a public testimonial presented on retirement from the Commissioner’s service, or upon removal from the locality in which he has been employed, or a presentation from fellow officers.
Gratuities.
115.—(1.) An officer shall not demand, or, except with the approval of the Commissioner, receive any fee, reward, gratuity, or remuneration of any kind whatsoever other than his official salary and allowances for services performed by him either in or out of office hours in connexion with any matter dealt with by the branch or office in which he is employed.
(2.) A Deputy Commissioner shall immediately suspend any officer charged with committing a breach of this regulation.
Care of property.
All officers shall be held responsible for the careful use and preservation of all property of the Commissioner in their possession, custody, or care.
Borrowing between officers.
Any monetary transaction between officers, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or money is borrowed by senior officers from their subordinates, is forbidden.
Sequestration of estate.
118.—(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 sequestration, give to the Deputy Commissioner written notice thereof, with a statement of the causes of his embarrassment. The Deputy Commissioner shall forward the notice and statement, with any remarks he desires to make thereon, to the Commissioner.
(2.) The officer shall apply, as soon as he may legally do so, to a Court of Bankruptcy for a certificate of discharge. If the officer does not apply for a certificate of discharge, or if he applies and it appears from the report that the officer has been guilty of fraud, dishonorable conduct, or extravagance, the Commissioner shall take such action as the case demands.
(3.) Upon being granted a certificate of discharge by a Court of Bankruptcy, an officer shall submit such certificate to the Deputy Commissioner.
Attachment of salaries of officers.
119.—(1.) Where judgment has been given by any Court against an officer for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Deputy Commissioner 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 Deputy Commissioner shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration, and require him to state in writing, within a time to be specified by the Deputy Commissioner, 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 fails to prove to the satisfaction of the Deputy Commissioner, within the time specified by the Deputy Commissioner, that the judgment has been satisfied, the Deputy Commissioner may from time to time deduct from any moneys due to the officer 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 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.
(4.) Where more than one judgment and statutory declaration are served upon a Deputy Commissioner in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Deputy Commissioner.
(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commissioner and the officer, be deemed to be a payment by the Commissioner to the officer.
(6.) The provisions of this regulation shall apply to temporary employees.
(7.) The provisions of this regulation shall not apply in relation to any officer in respect of whom the Deputy Commissioner is satisfied—
(a) that his estate has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and
(b) he has not yet obtained a certificate of discharge.
Contracts.
No officer, unless duly authorized, shall incur any liability, or enter into any contract, on behalf of the Commonwealth, or alter the terms or conditions of any approved contract.
Officers called as witnesses.
121.—(1.) An officer subpoenaed or called as a witness shall promptly notify the Deputy Commissoner for the State.
(2.) An officer 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 officer is required to travel he may be allowed his ordinary travelling allowance.
(3.) An officer 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 officer 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 officer.
Employment of married women.
122.—(1.) No married woman shall be eligible for employment, either permanently or temporarily, in the Service, unless the Commissioner certifies that there are special circumstances which make her employment desirable.
(2.) Every female officer shall be deemed to have retired from the Service upon her marriage, unless the Commissioner certifies that there are special circumstances which make her employment desirable.
(3.) There shall be payable to any female officer of not less than five years’ service who retires from the Service upon her marriage, and who is not eligible for, or has not been granted, leave, or pay in lieu of leave, under regulations 71 or 72 of these Regulations, a sum equivalent to salary in accordance with the following scale:—
Length of Service.
Sum equivalent to salary for—
Not less than 5 years, but less than 8 years....................
one month
Not less than 8 years, but less than 12 years...................
two months
Not less than 12 years, but less than 20 years..................
three months
Application of conditions of employment under determination to other officers.
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 these rates or conditions, may be applied to any other officer or class of officers, or employee or class of employees, if the Commissioner determines that the circumstances of employment justify such application.
Officers making inquiries on behalf of the Commissioner.
An officer deputed to make inquiries on behalf of the Commissioner shall be provided with written authority by the Deputy Commissioner, who must receive and cancel such authority on the transfer of the officer to other duties, or on the termination of his appointment.
Officers’ record cards.
A personal history card shall be kept for each officer of the Service. The card shall contain a complete record of the officer’s official career, date of appointment, transfers, promotions, increases of salary, commendations, reprimands, and such other matter as may be deemed necessary.
Performance of work outside Commission.
No officer, except with the express permission of the Commissioner, 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 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 employment other than in connexion with the duties of his office or offices under the Act:
Provided that nothing herein contained shall be deemed to prevent an officer 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, but an officer 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.
Suggestions by officers.
127.—(1.) Suggestions may be submitted by officers, not only in connexion with the more efficient performance of their duties, but also for improved methods or any other matters conducing to the more economical and to the better working of the branch to which they are attached.
(2.) Where a suggestion is of such practical value as to warrant its adoption a suitable endorsement shall be entered on the officer’s record card, and, in addition, where adoption of the officer’s suggestion has been the means of establishing improved methods which have resulted in greater efficiency or economy or effected savings of importance, he may be granted such monetary reward as the Commissioner deems adequate.
(3.) All suggestions submitted by officers should be referred, with any comments considered necessary, by the Deputy Commissioner to the Commissioner for consideration.
THE SCHEDULES.
——
THE FIRST SCHEDULE.
Regulation 6.
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.