48.—(1.) For the purposes of these Regulations there shall be an Appointments Advisory Committee (in this Division referred to as "the Committee") consisting of three members, of whom two shall be senior officers and, in respect of any class of matters to be considered by the Committee, one shall be an officer who is a member of such organization as the Commission considers to be appropriate.
(2.) There may he, in respect of each member of the Committee, one or two substitute members.
(3.) The substitute member or members appointed in respect of a member of the Committee who is a senior officer shall be a senior officer and the substitute member or members appointed in respect of the member who is a member of an organization shall be an officer who is a member of that organization.
(4.) The members and substitute members of the Committee shall be appointed by the Commission and shall hold office during its pleasure.
(5.) A member or substitute member of the Committee who is a member of an organization shall be chosen from a panel submitted by that organization but the Commission shall have the right to reject any such panel and require a fresh panel to be submitted.
(6.) Where—
(a) any member of the Committee is unable to attend a meeting of the Committee; or
(b) any matter before the Committee affects an officer subject to the control of a member of the Committee, a substitute member appointed in respect of that member shall act as a member of the Committee at that meeting.
(7.) The Commission shall appoint a member of the Committee to be the chairman thereof.
(8.) In the absence of the chairman from any meeting of the Committee, the Committee shall elect a member to preside at that meeting.
(9.) In this regulation, " organization " means an organization registered under the Commonwealth Conciliation and Arbitration Act 1904-1946.
Functions of Committee.
49.—(1.) Before—
(a) a person is appointed to a position in the service of the Commission, not being a position which the Commission considers to be a senior position or a position specified in regulation 25 of these Regulations ;
(b) an officer (not being a senior officer) is transferred (except under section 17m of the Act) or promoted ;
(c) a position in the service of the Commission is classified, not being a position which the Commission considers to be a senior position ;
(d) the salary, or the range of salary, applicable to any position (not being a position which the Commission considers to be a senior position) is raised or lowered ; or
Division Div 5 - Australian Broadcasting Commission (Staff) Regulations - Appointments Advisory Committee. | Zoe
(e) an increment is granted to or withheld from an officer (not being a senior officer),
the Commission may refer the matter to the Committee for consideration.
(2.) The Committee shall make a recommendation to the General Manager with respect to any matter so referred to it, or with respect to any other matter relating to the service of the Commission which the Commission or the General Manager refers to the Committee for consideration, and may, of its own motion, make a recommendation with respect to any matter relating to the service of the Commission.
Reconsideration of matters by Committee.
Any matter upon which the Committee has made a recommendation may be referred to the Committee for reconsideration and the Committee may, of its own motion, reconsider any matter on which it has previously made a recommendation.
Secretary of Committee.
There shall be a Secretary of the Committee, who shall be an officer and shall be appointed by, and hold office during the pleasure of, the Commission.
Officers affected may appear before Committee.
Where any matter affecting an individual officer is under consideration by the Committee, that officer, or another officer nominated by him for the purpose, shall be entitled to appear before the Committee and address the Committee in relation to that matter.
Part IV.—Duties of Officers and Hours of Attendance.
Division 1.—Duties of Officers.
Knowledge of Act, Regulations, &c.
53.—(1.) Every officer shall acquaint himself with such of the provisions of the Act and of these Regulations, and with such rulings, orders and instructions issued in connexion therewith, as are applicable to him in the performance of his duties.
(2.) A Branch Manager shall ensure that—
(a) if necessary, an officer under his control is supplied with written instructions as to his duties ;
(b) a copy of all instructions of the Commission or the General Manager is supplied to each officer concerned ; and
(c) an officer resuming duty after absence on leave or on official business shall acquaint himself with any amendments of the Act or of these Regulations made during his absence, or of any rulings, orders or instructions so issued which are applicable to him in the performance of his duties.
Attention and devotion to duty.
Every officer shall, during his hours of duty, devote himself exclusively and zealously to the discharge of his duties, and shall behave at all times with courtesy to the public and shall give prompt attention to all reasonable requirements.
Performance of duties.
Every officer shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to such of the provisions of the Act and of these Regulations, and to such rulings, orders and instructions, as are applicable to him in the performance of his duties.
Subordination of officers.
56.—(1.) Every officer shall promptly and correctly obey all instructions given him by any officer under whose control or supervision he is placed.
(2.) If any officer considers that he has grounds of complaint arising out of any such instruction, he may forward the complaint through his Branch Manager to the General Manager.
(3.) The officer shall, nevertheless, as far as possible, carry out any instructions which are given to him until they are countermanded or varied by a competent authority.
Diary.
Every officer not immediately under supervision shall, if so required by his Branch Manager, keep a diary showing the daily duties performed by him, and the time occupied in those duties, and shall, whenever required, produce the diary and furnish a copy thereof to the officer under whose authority he is placed or to any other officer authorized by the Branch Manager to inspect the diary.
Officers not. to comment publicly on administration.
An officer shall not—
(a) publicly comment on the administration of the Commission ; or
(b) use, otherwise than in the discharge of his official duties, any information gained by or conveyed to him through his connexion with the Commission.
Declaration of secrecy.
Every officer shall sign a declaration of secrecy in accordance with the Second Schedule to these Regulations.
Information to be secret.
60- An officer shall not, except in the course of his official duty, or with the written approval of the general manager, give information, directly or indirectly, concerning the business of the Commission or any other matter of which he has knowledge officially.
Outside influence.
An officer shall not seek the influence or interest of any person in order to obtain promotion, transfer or other advantage.
Communication to Commission.
An officer shall forward any official communication intended for the Commission through his Branch Manager to the General Manager, who shall forward it to the Commission with such comments as he deems necessary.
Giving of testimonials.
63.—(1.) An officer, other than the Branch Manager concerned, shall not give a reference or testimonial to, or concerning, an officer or ex-officer of the Commission as to the manner in which he performed his duties.
(2.) The Branch Manager concerned may, where the services of an officer have been entirely satisfactory, give a reference or testimonial in accordance with a form approved by the Commission.
Solicitation or acceptance of gifts.
64.—(1.) An officer shall not, 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 Commission is interested.
(2.) Nothing in the last preceding sub-regulation shall prevent the acceptance by an officer, with the permission in writing of the Branch Manager concerned, of a public testimonial presented on retirement from the service of the Commission, or upon removal from the locality in which he has been employed, or a presentation from fellow officers.
Acceptance of fees prohibited.
Except with the approval of the General Manager, an officer shall not receive for his own use 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 his hours of duty, in connexion with the Commission.
Performance of work outside the Commission.
66.—(1.) Except with the express permission of the Commission, which permission may at any time be withdrawn, an officer shall not—
(a) accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation ;
(b) accept or continue to hold or discharge the duties of, or be employed in, a paid office in connexion with any commercial business ;
(c) engage in or undertake any such business, whether as principal or agent ;
(d) engage or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any person so engaged ; or
(e) accept or engage in any remunerative employment other-wise than in connexion with his duties as an officer.
(2.) Nothing in this regulation shall prevent an officer from becoming a member or shareholder only of any incorporated company or society, 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.
Borrowing between officers prohibited.
An officer shall not—
(a) be a party to any monetary transaction with another officer whether as principal or agent, whereby any interest or return in money or kind is charged or paid ; or
(b) borrow money from another officer.
Care of property.
Every officer shall take proper care of all property of the Commonwealth or the Commission in his possession, custody or care, and shall ensure the economical use and the preservation of all such property.
Officers called as witnesses.
69.— (1.) An officer subpoenaed or called as a witness shall promptly notify the Branch Manager.
(2.) An officer required as a witness on behalf of the Commission shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence and, where the officer is required to travel, he shall be paid travelling allowance.
(3.) Unless the General Manager otherwise determines, an officer subpoenaed or called as a witness in any other circumstances shall be granted leave without pay, and any fees received by the officer as a witness may be retained by him.
Officers summoned as jurors.
70.—(1.) An officer summoned as a juror shall promptly notify the Branch Manager.
(2.) An officer so summoned shall he granted leave of absence for the period necessary for his attendance at the court, and the leave shall be granted with full pay, less any amount received by the officer as compensation for his attendance.
Division 2.—Hours of Attendance.
Hours of attendance.
71.—(1.) Subject to this regulation, the hours of duty of officers shall be from 9 o'clock in the morning until 21 minutes past 5 o'clock in the afternoon on Monday to Friday, with an interval of one hour for luncheon, but an officer may, to meet pressure of business, be required to work at other times.
(2.) Where the nature of the duties of an officer or class of officers require attendance at times other than those specified in the last preceding sub-regulation, the Commission may determine the hours of duty of that officer or class of officers.
Record or attendance.
72.—(1.) Each Branch Manager shall provide such means of recording the attendance of officers as the General Manager determines and shall appoint an officer to be responsible for their use in accordance with these Regulations.
(2.) Every officer (except senior officers and such other officers as are exempted by the General Manager) shall record daily in an attendance book or other means of record provided, the actual time of his arrival on duty and his departure therefrom.
(3.) The exemption of an officer from the obligation to record his attendance shall not authorize that officer to absent himself from duty without permission or to leave his office or station within his hours of duty except on official business.
Availability of attendance records.
The attendance book or other means of record shall be available at the ordinary time of arrival of officers and shall be made available at the appointed time of ceasing duty and not before.
Late attendance.
An officer who arrives on duty more than five minutes after the appointed time for commencing duty shall not record his attendance but shall report to the officer responsible for the use of the means of recording the attendance of officers, in whose presence the officer shall record his attendance, together with his explanation for late attendance.
Reports of late attendance.
Where—
(a) an officer arrives on duty more than five minutes after the appointed time for commencing duty ;
(b) an officer is frequently late in arriving on duty, whether or not his arrival on duty is more than five minutes late ;
(c) an officer leaves duty without authority before the appointed time for ceasing duty ;
(d) an officer absents himself from duty without permission ;
(e) an officer leaves his office or station except on official business within his hours of duty ; or
(f) an officer records incorrectly the time of his arrival or departure,
the officer responsible for the use of the means of recording the attendance of officers shall report the conduct of the officer to the Branch Manager,
Part V.—Allowances and Overtime.
Travelling allowance.
76.—(1.) An officer who, in accordance with his duty, is required to be absent overnight from his head-quarters shall, subject to the next succeeding sub-regulation, be paid travelling allowance in accordance with the following table ;—
(2.) The rate of travelling allowance payable to the Assistant General Manager, the London Representative, a Controller of a Division. a Director of a Department, a Branch Manager and the Federal Concert Manager shall be as determined by the Commission.
(3.) Where travelling allowance has been paid for eight weeks' residence in one locality, the Commission shall review the matter and if, at that time or at any subsequent time, the Commission considers the amount excessive, it shall be discontinued or reduced to such an amount as the Commission thinks fit.
(4.) No allowance, other than for expenses necessarily incurred, shall be paid in any case where an officer is not required to be absent from his head-quarters overnight.
(5.) When an officer travels and the fare paid includes subsistence, he shall be paid one-quarter of the allowance which would otherwise he payable.
(6.) All travelling allowances shall be m addition to cost of conveyance.
(7.) The period for which travelling allowance may be claimed shall be computed from time of departure by, to time of arrival on return of, the train, steamer or other conveyance by which the officer travels :
Provided that, in the case of an officer travelling on permanent transfer, the period shall be computed to the time of arrival at the place to which he has been transferred.
(8.) Officers shall travel by such means of conveyance as the General Manager approves.
(9.) Where an officer stationed temporarily at any place and receiving travelling allowance, is required to visit any other place on official business, and thereby necessarily incurs extra personal expenses, he may be paid such additional allowance for the visit as the General Manager approves.
(10.) Where an officer who is 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, or, in the opinion of the Branch Manager, it is inexpedient for him to do so, he shall be paid an allowance equal to the cost to him of the illness, but not exceeding the amount to which he would have been entitled as travelling allowance if he had been on duty for the period of sick leave involved.
(11.) Where an officer who has been sent for duty at a temporary station returns to his home while on sick leave, payment of travelling allowance shall cease from the time of departure from the temporary station, but the cost of fares (not exceeding the cost which would have been involved in the officer's travelling between the temporary station and his head-quarters) to the officer's home and return to the temporary station, if he is required to resume duty at the temporary station, shall be borne by the Commission.
(12.) Subject to the next succeeding sub-regulation—
(a) if an officer while on duty at a temporary station is entitled to travelling allowance and obtains leave of absence either with or without pay (other than sick leave under sub-regulation (10.) of this regulation) he shall not be paid travelling allowance in respect of his period of leave ; and
(b) travelling allowance shall not be paid for the period from the time of an officer's departure from a temporary station to the time of his return in any case where he—
(i) leaves the temporary station prior to the time of commencement of leave of absence ; or
(ii) returns to the temporary station subsequent to the time of expiration of leave of absence.
(13.) Where an officer, while on duty at a temporary station, returns to his home or head-quarters for his own convenience for weekends or public holidays without expense to the Commission for conveyance, travelling allowance may be continued to the officer for a period not exceeding four calendar days' absence in the aggregate from his temporary station.
(14.) For the purpose of payment of travelling allowance, an unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the General Manager, justify his being deemed to be a married officer, shall be deemed to be a married officer.
(15.) Where the Commission is satisfied that, by reason of special circumstances, the travelling allowance which would otherwise be payable is insufficient to meet the expenses reasonably and necessarily incurred by an officer, the Commission may increase the allowance.
(16.) In cases where the General Manager considers it justifiable, the Commission may provide means of conveyance for an officer to or from his place of duty, or may pay to an officer taxi hire not exceeding the sum of Five shillings, to or from his place of duty,
Car or cycle allowance.
77.—(1.) An officer who uses his own motor truck, motor car or cycle for official purposes, or an officer whose motor truck, motor car or cycle is used for official purposes, shall be paid therefor in accordance with the following table :—
Type of Vehicle.
Rate per Mile.
d.
Motor truck, 1 ton capacity or over.....................
8
Other motor truck.................................
½d. per mile above rate for car of similar horse-power
Motor car over 12 horse-power........................
7
Motor car over 8 horse-power but not over 12 horse-power......
6
Motor car 8 horse-power or under......................
5½
Motor cycle with side-car............................
4½
Motor cycle.....................................
3½
Bicycle........................................
3
(2.) The Commission may increase the rates prescribed by sub-regulation (1.) of this regulation in any case in which it is satisfied that they are inadequate.
(3.) An officer shall not be entitled to any payment under this regulation unless it is shown that the use of his motor truck, motor car or cycle results in a saving or greater efficiency than would he the case if other means of conveyance were employed.
(4.) Any payment or allowance made by the Commission to an officer in pursuance of these Regulations, or under the authority of the Commission, 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 licence 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 a payment or allowance.
Meal allowance.
78.—(1.) Where—
(a) an officer whose hours of attendance as determined by the Commission are between 7.30 o'clock in the morning and 6 o'clock in the afternoon, is required to attend for duty before 6.30 o'clock in the morning or to remain on duty after 6.30 o'clock in the afternoon ; or
(b) 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,
Image unavailable in extracted textand by reason of that attendance it is necessary for him to purchase a meal away from home, he shall be paid a meal allowance in accordance with the following table :—
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(2.) In this regulation, " the usual time " means, in relation to an officer, the time at which that officer ordinarily commences duty or ceases duty as the case may be, in accordance with the determination of the Commission as to that officer's hours of duty.
Higher duties allowance.
79.—(1.) Subject to this regulation, where an officer temporarily performs the whole of the duties of a position higher than his own position, he shall be paid an allowance to raise his salary to the minimum salary of the higher position for all the time during which he performs those duties.
(2.) Payment of an allowance under the last preceding sub-regulation shall not be made in respect of the first ten working days during which the officer performs the duties of the higher position in any year.
(3.) Where an officer has performed the whole of the duties of a higher position during the whole of a year and continues to perform those duties in the following year, the provisions of the last preceding sub-regulation shall not apply in relation to that following year, but if, in that following year, the officer ceases to perform those duties and subsequently re-commences to perform those duties, the provisions of the last preceding sub-regulation shall then apply.
(4.) An officer paid an allowance under this regulation may, after the completion of twelve months' continuous service in the higher position, be paid increments as though he occupied that position.
(5.) If an officer who is acting temporarily in a higher position is promoted to that position, he shall not suffer any reduction of salary, and shall be entitled to receive increments in the same manner as if his acting appointment had been permanent.
(6.) Where the range of salary of a higher position in which an officer is acting and the range of salary of his own position overlap, the officer shall, subject to sub-regulation (1.) of this regulation, be paid salary at such rate as the Commission determines, but not exceeding the maximum salary of that higher position.
(7.) Where an officer temporarily performs a portion of the duties of a position higher than his own position, he shall be paid such allowance as the Commission determines.
(8.) Notwithstanding the preceding provisions of this regulation, where an officer temporarily performs the whole or any portion of the duties of a senior officer, he shall be paid such allowance (if any) as the Commission determines.
(9.) Where an officer acts in a position the conditions of service in which are different from those of the position normally held by him he shall be subject to all the conditions of service in the position in which he is acting.
(10.) Allowances paid under this regulation shall be regarded as salary for the purposes of these Regulations.
(11.) In this regulation, " year " means the period commencing on the first day of January in any year and ending on the thirty-first day of December in that year.
Allowance for married minors.
The Commission may pay to a male officer under the age of twenty-one years who is married an allowance at a rate equal to the sum by which the annual salary of the officer is less than Two hundred and twenty-eight pounds per annum, as varied in accordance with regulation 23 of these Regulations.
Living away from home allowance.
Where an officer is appointed or transferred to a position the duties of which necessitate his living away from home, the Commission may pay to the officer an allowance at a rate equal to the sum by which the annual salary of the officer is less than One hundred and thirty-two pounds per annum.
Fares of new appointees.
The Commission may pay to a person appointed to the service of the Commission so much of the cost of the conveyance of himself and his family (if any) to the place at which he is required to perform his duties as exceeds Three pounds, or, in special circumstances, such additional amount as the Commission thinks fit.
Sunday and holiday duty.
83.—(1.) An officer whose duties do not ordinarily require him to work on Sundays or holidays may be required by the Branch Manager to attend for duty on a Sunday or holiday, and he shall so attend unless, in the case of an officer required to attend on a Sunday, Christmas Day or Good Friday, he has religious objections against attending for duty on a Sunday, Christmas Day or Good Friday and has been granted permission to furnish a substitute.
(2.) An officer who attends for duty on a Sunday or holiday when so required shall be paid, in respect of that attendance, at the rate of double time.
Overtime payments to officers.
84.—(1.) Subject to these Regulations, overtime shall be paid, in accordance with the provisions of this regulation, to officers (not being officers whose hours of duty are arranged according to a roster) who are required to work before or after the usual hours of attendance.
(2.) Overtime shall be payable—
(a) in respect of attendance before 8 o'clock in the morning, or after 6 o'clock in the afternoon, on Monday to Friday ;
(b) in respect of attendance in excess of thirty-eight hours per week between 8 o'clock in the morning and 6 o'clock in the afternoon on Monday to Friday ; and
(c) in respect of attendance on Saturday.
(3.) Subject to the next succeeding sub-regulation, overtime shall be calculated, to the nearest quarter of an hour, at the rate of time and a half, but—
(a) the aggregate of salary and overtime paid to an officer in respect of any fortnightly pay period shall not exceed an amount equivalent to a fortnight's salary at the rate of Seven hundred and sixty-eight pounds per annum, as varied in accordance with regulation 23 of these Regulations ; and
(b) the rate of salary of an officer in receipt of salary at a rate exceeding Four hundred and fifty pounds per annum shall be deemed to be Four houndred and fifty pounds per annum.
(4.) Where an officer who has ceased work for the day is recalled for duty, the period of that duty and the time necessarily spent in travelling to the, place of duty and returning to his home shall be paid for as overtime.
(5.) An officer whose salary (apart from any variation under regulation 23 of these Regulations) exceeds Seven hundred and sixty-eight pounds per annum, and an officer not working under close supervision or whose hours of duty cannot be definitely determined, shall not be entitled to payment for overtime unless the Commission otherwise determines.
(6.) An officer whose salary (apart from any variation under regulation 23 of these Regulations) exceeds Seven hundred and sixty-eight pounds per annum, and whose hours of duty can be definitely determined, shall be granted time off in lieu of overtime.
(7.) Time, off so granted shall not exceed seven days in any year and shall not accumulate from year to year.
(8.) For the purposes of calculating the time off, two half days shall be deemed to be the equivalent of one day.
Overtime payments to officers on roster.
Overtime shall be, paid to officers whose hours of duty are arranged according to a roster at such rates, and subject to such conditions, as the Commission determines.
Allowances to be based on actual salary.
Where the rate of payment of an allowance, or of any payment other than salary, is based upon the rate of an officer's salary, the rate of allowance or payment shall be based upon the actual rate of salary of the officer during the period in respect of which the allowance or payment is payable, irrespective of any subsequent retrospective increase of the officer's salary.
Part VI.—Leave and Holidays.
Absence from duty during business hours.
87.—(1.) An officer shall not leave his office or other place of employment during business hours, except on official business or by express permission of the Branch Manager or the officer in charge of the section of the Branch. Any absence so permitted which is not on official business shall be recorded by the officer in charge of the attendance records.
(2.) At the discretion of the Branch Manager, leave in respect of absence which is not on official business may be granted with or without pay, or may be deducted from recreation leave, but where the leave is not so deducted and payment is made for overtime worked during the six days succeeding the 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.
88.—(1.) An officer shall not be absent from duty without authority unless he shows reasonable cause for his absence.
(2.) If an officer is prevented by illness or other emergency from attending duty, he shall forthwith report the fact to the officer under whose control he is placed and the first-mentioned officer shall furnish, in the case of illness, such evidence as is prescribed and, in the case of emergency, such evidence as the Branch Manager considers necessary.
Recreation leave.
89.—(1.) Every officer may be granted leave of absence for recreation.
(2.) The period of leave which may be so granted shall, subject to these Regulations, be three weeks (exclusive of public holidays) in each year.
(3.) Where the Commission is satisfied that the duties of an officer cannot be performed within the usual hours of attendance for duty and no compensation in time or money is provided for the officer, the period of recreation leave which may be granted may exceed three weeks but shall not exceed four weeks.
(4.) An officer shall not be granted recreation leave until he has completed twelve months' service.
(5.) Each Branch Manager shall, wherever practicable, make arrangements whereby each officer in his Branch is granted recreation leave annually.
(6.) If leave is not taken in the year in which it accrues it shall, unless the Branch Manager otherwise directs, lapse, but, subject to these Regulations, recreation leave shall not, unless the Commission for some special reason otherwise determines, be accumulated for more than two years.
(7.) Recreation leave for any year shall not be taken in the year preceding the year in which it falls due.
(8.) Where 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 (otherwise than on leave under regulation 69, 70, sub-regulation (1.) of regulation 92, or regulation 94 or 96, of these Regulations) for more than twenty-two working days in one or more periods, the period of recreation leave which may be granted to him shall be subject to a deduction of one and a half days for each twenty-two working days' absence after the first twenty-two working days.
(9.) A deduction shall not be made under the last preceding sub-regulation in respect of absence for which leave has been granted—
(a) where the Branch Manager is satisfied that the officer's absence is the direct result of illness due to war service or an injury sustained while on duty ; or
(b) in circumstances in which the action of the officer is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration.
(10.) Where an officer who has been employed for not less than six months is retired on the ground that a greater number of officers is employed than is necessary, the General Manager may grant to that officer recreation leave for the period which bears to three weeks the same proportion as any period of service in respect of which the officer is not otherwise entitled to recreation leave bears to twelve months.
(11.) For the purpose of calculating recreation leave due to an officer who, prior to his appointment to the service of the Commission, was a temporary employee or a member of the Auxiliary Programme Staff, his service as such an employee or member shall, if continuous with his service in the service of the Commission, be taken into account.
Leave for purposes oí study, &c.
90.—(1.) The Commission may grant to an officer leave of absence on full pay for the purpose of enabling the officer to pursue a course of study or to undertake research work related to the duties of his office or the powers and functions of the Commission.
(2.) Leave of absence under this regulation shall be granted for such period and upon such terms and conditions as the Commission determines.
Leave on resignation off retirement.
91.—(1.) Where an officer's resignation has been accepted or an officer is about to be retired on reaching the age for retirement or on account of illness, he may be granted recreation leave due to him in respect of the calendar year in which his services terminate, provided he has reached the anniversary in that year of his appointment to the service of the Commission, or the anniversary of the date of commencement of his employment where the officer was, prior to his appointment to the service of the Commission, a temporary employee or a member of the Auxiliary Programme Staff and his service as such an employee or member was continuous with his service after appointment to the service of the Commission.
(2.) An officer whose resignation is accepted while he is on recreation leave for the current year may be permitted to complete the leave before his services terminate.
(3.) Recreation leave which has been deferred from a previous year to suit the Commission's convenience may also be granted under this regulation.
Leave for war service.
92.—(1.) An officer who is serving in the Defence Force may be granted leave of absence in respect of the period of his service.
(2.) Leave of absence so granted shall, subject to these Regulations, be without pay.
(3.) An officer who is granted leave under this regulation shall, if the pay in respect of the first sixteen days of his service as a member of the Defence Force is less than his pay as an officer for that period, be paid an amount equal to the difference.
(4.) The period during which an officer is. absent on leave granted under this regulation shall be included for all purposes as part of the officer's period of service.
Absence without leave.
Where an officer absents himself from duty without leave, his pay for every day of the absence shall be deducted from his salary.
Short leave of absence.
94.—(1.) A Branch Manager may, upon sufficient cause being shown, grant to any officer leave of absence not exceeding three days in any period of twelve months without deduction from recreation leave, but where payment is made for overtime worked during the six days succeeding leave so granted, 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 the last preceding sub-regulation, a Branch Manager may grant any officer leave of absence not exceeding three days in any period of twelve months subject to deduction of the period of leave from the officer's next recreation leave.
Leave of absence without pay.
95.—(1.) A Branch Manager may grant to any officer of his Branch leave of absence, not exceeding two weeks at any one time, without pay.
(2.) The Commission may grant to any officer leave of absence without pay—
(a) where the leave of absence is for the purpose of enabling the officer to pursue a course of study or undertake research work relating to the duties of his office—for any period not exceeding three years ; or
(b) where the leave of absence is for any other purpose—for any period not exceeding twelve months.
(3.) The period during which any officer is absent on leave granted under the last preceding sub-regulation shall not, unless the Commission otherwise determines, be included for any purpose as part of the officer's period of service.
Arbitration leave.
96.—(1.) The General Manager may grant leave of absence with full pay to any officer who attends as a witness in proceedings under the Arbitration (Public Service) Act 1920-1934 or under the Commonwealth Conciliation and Arbitration Act 1904-1946, but only for such period as is necessary to enable evidence to be given.
(2.) The last preceding sub-regulation shall apply only to an officer stationed in the metropolitan area of a capital city in which the hearing takes place, or, subject to the production of a certificate of the Public Service Arbitrator or the Industrial Registrar that attendance was essential to the proper presentation of the ease by an organization, or upon subpoena requiring the attendance of an officer, to an officer stationed beyond a radius of fifteen miles of the capital city.
(3.) The General Manager may grant leave of absence without pay to an officer who is a representative of an organization for the purpose of preparing evidence for submission in any proceedings under the Arbitration (Public Service) Act 1920-1934 or under the Commonwealth Conciliation and Arbitration Act 1904-1946.
(4.) Leave shall not be granted under the last preceding sub-regulation to more than two representatives of an organization at any one time and the period of leave so granted shall not exceed three months in any twelve months.
(5.) Any period during which an officer is absent on leave granted under this sub-regulation shall be included for all purposes as part of the officer's period of service.
Sick leave.
97.—(1.) A Branch Manager may grant leave of absence on account of illness to an officer of his Branch in accordance with the provisions of this regulation.
(2.) Unless the officer produces a certificate by a legally qualified medical practitioner or other evidence approved by the Branch Manager as to the officer's unfitness for duty, leave so granted shall, except as provided in the next succeeding sub-regulation, be without pay.
(3.) It shall not be necessary for a medical certificate or other evidence of unfitness for duty to be produced in respect of an absence or absences not exceeding four days in the aggregate in any period of twelve months.
(4.) An officer absent from duty on recreation leave who becomes ill for a period of not less than ten days may, on production of a certificate by a legally qualified medical practitioner, be granted sick leave in accordance with the provisions of this regulation and recreation leave equivalent to the period of sick leave shall be cancelled.
(5.) The basis for determining the leave which may be granted shall be ascertained by crediting officers with periods of leave, which shall be cumulative, in accordance with the following table :—
—
Leave on Full Pay.
Leave on Half Pay.
Leave on Third Pay.
Working days.
Working days.
Working days.
On date of appointment.....................
5
3
3
On completion of six months' service............
5
3
3
On completion of twelve months' service .........
10
6
6
On completion of each additional twelve months' service...
10
6
6
(6.) Where officers are required to attend for duty on six days per week—
(a) sick leave granted in respect of any portion of a week shall be calculated on an hourly basis ; and
(b) sick leave granted for one or more complete weeks shall be calculated on the basis of five days in respect of each week.
(7.) To determine the leave for which an officer is eligible under this regulation, the leave which has been granted during his service at rates of full pay, half pay, and third pay respectively shall be deducted from the periods ascertained under the provisions of sub-regulation (5.) of this regulation, and the period remaining at each rate of pay shall be the amount of leave for which the officer is eligible.
(8.) In the event of the retirement of an officer under these Regulations on the ground of illness, the retirement shall not, except with the consent of the officer, be effected until the officer's credit of leave on full pay is exhausted :—
Provided that—
(a) the continuous period for which an officer may be granted leave on full pay immediately prior to retirement shall not exceed fifty-two weeks ;
(b) a further credit of leave shall not accrue to an officer subsequent to the date of the decision to retire him ; and
(c) in no case shall an officer be entitled to sick leave extending beyond the day immediately preceding the sixty-fifth anniversary of his birth.
(9.) The maximum period of leave allowable with pay in respect of any continuous period of absence through illness shall be fifty-two weeks.
(10.) An officer who has exhausted all leave allowable with pay may be granted leave without pay but the maximum period of leave allowable with pay and without pay, in respect of any continuous period
of absence, shall not exceed seventy-eight weeks. If the officer is not then fit to resume duty, he shall be retired from the service of the Commission.
(11.) Where an officer has been absent through illness for thirteen weeks continuously, the grant of further leave shall be subject to the officer being examined by a Commonwealth Medical Officer.
(12.) An officer who has been absent from duty on account of illness for a continuous period of not less than thirteen weeks shall not be permitted to return to duty unless a Commonwealth Medical Officer has certified that he is fit to resume duty.
(13.) Where an officer resumes duty after a period of continuous absence, due to illness, of less than thirteen weeks, the Branch Manager may, if he is of the opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a Commonwealth Medical Officer, and if the examination discloses that the officer is unfit to resume duty, the Branch Manager shall grant such further leave of absence on account of illness as the medical report indicates is necessary.
(14.) Notwithstanding anything contained in this regulation, where—
(a) an officer sustains physical injury while on duty, or in circumstances in which the action of the officer is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration ;
(b) an officer suffers a breakdown in health and a Commonwealth Medical Officer certifies that the breakdown is due to overwork ; or
(c) an officer has given loyal and valuable service to the Commission for not less than ten years,
the Commission may determine from time to time the period of leave of absence on account of illness which may be granted to that officer and the conditions under which the leave may be granted.
Credit of sick leave on re-employment of retired officer.
Where a person was retired from the service of the Commission on the ground of illness and is re-appointed to the service of the Commission, he shall be credited, upon re-appointment, with the sick leave (if any) at his credit immediately prior to his retirement.
Health of officer rendering him a danger to others.
99.—(1.) If a Branch Manager 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 to the public, he may require the officer to submit himself for examination by a Commonwealth Medical Officer.
(2.) Upon receipt of the medical report the Branch Manager 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 in cases of infectious disease contacts.
100.—(1.) If, consequent upon a report by a legally qualified medical practitioner, that, by reason of contact with a person suffering from an infectious disease and through an operation of restrictions imposed by law, an officer is unable to attend for duty, the Branch Manager may grant the officer leave of absence.
(2.) Leave of absence so granted shall be regarded as leave of absence on account of illness, but the officer may elect that the whole or any portion thereof shall be deducted from any recreation leave which is due to him instead of being regarded as leave of absence on account of illness.
(3.) Leave of absence under this 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.
Illness caused through misconduct.
101.—(1.) Leave shall not 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.) Where a Branch Manager, or any officer approved for the purpose by the Branch Manager, has occasion for doubt as to the cause of the illness or the reason for absence of an officer, he may request a Commonwealth Medical Officer to visit and examine the officer, or may direct the officer to attend on the Commonwealth Medical Officer for examination.
Medical examination of officers.
An officer shall, when required by his Branch Manager to do so, submit himself for medical examination by a Commonwealth Medical Officer or other legally qualified medical practitioner selected or approved by the Branch Manager.
Public holidays.
The same days shall be observed as public holidays in the service of the Commission in any Siate or Territory as are observed as public holidays in the Commonwealth Public Service in that State or Territory.
Part VII.—Disciplinary Provisions.
Division 1.—Election of Officers' Representative on Disciplinary Appeal Board.
Interpretation.
For the purposes of this Division, the head office of the Commission shall be deemed to be a branch of the Commission.
Election of the officers' representative.
The election by the officers of the Commission of an officer (in this Part referred to as " the officers' representative ") as a member of the Disciplinary Appeal Board (in this Part referred to as " the Board ") shall be conducted in accordance with the provisions of this Division.
Nominations.
106.—(1.) Nominations shall be called by the General Manager on or about the first day of March in each year by notice to all branches of the Commission and shall be returnable to reach him not later than the first day of April next following.
(2.) Each nomination shall be in writing signed by not less than ten officers of the Commission and shall he accompanied by a written statement from the nominee signifying his consent to the nomination and his willingness to act if elected.
(3.) Any officer who has attained the age of twenty-one years shall be eligible for nomination.
Procedure on recepit of nominations.
107.—(1.) If only one officer is nominated, the General Manager shall declare that officer elected and shall notify his election to all branches of the Commission.
(2.) If two or more officers are nominated, a poll of officers shall be held to decide the election.
(3.) The nominations shall be notified to all branches of the Commission and a secret ballot shall be held at each branch not later than the first day of May following the calling for nominations.
Ballot-papers.
The ballot-papers to be used shall, with such alterations as are necessary, be in accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1946.
Returning officer.
109.—(1.) The General Manager shall appoint a Returning Officer (who shall be an officer) to conduct the poll.
(2.) A Deputy Returning Officer (who shall be an officer) shall be appointed at each branch of the Commission at a meeting of the officers of the branch specially called for the purpose by the Branch Manager.
Conduct of ballot.
110.—(1.) The Deputy Returning Officer shall conduct the ballot at his branch in accordance with the directions of the Returning Officer and shall, immediately after the close of the poll, forward to the Returning Officer the ballot-papers of all officers who have voted at his branch.
(2.) The Returning Officer may, with the approval of the General Manager, make arrangements to enable officers who are not able to vote at their respective branches to vote by post.
Counting of votes.
111.—(1.) The counting of votes shall take place at the head office of the Commission under the supervision of the Returning Officer.
(2.) The provisions of the Commonwealth Electoral Act 1918-1946 and of the Regulations thereunder relating to a House of Representatives election shall, so far as they are applicable and with such alterations as are necessary, but subject to these Regulations, be applied by the Returning Officer in the counting of the votes.
(3.) If any question arises as to the admissibility of any ballot-paper, the question shall be determined by the Returning Officer, whose decision shall be final.
Scrutineers.
112.—(1.) Each candidate may appoint one scrutineer, who shall be an officer serving at the Head Office of the Commission, to represent him at the counting of the votes and all the proceedings of the counting shall be open to the inspection of the scrutineers.
(2.) The Returning Officer shall give to each scrutineer at least two days' notice of the date on which he proposes to count the votes.
Determinations of disputea.
Subject to this Division, if any question arises as to the regularity or validity of any nomination or as to the voting at any poll, or otherwise as to any election, it shall be determined by the Chairman of the Board, whose decision shall be final.
Result of election.
The Returning Officer shall notify the General Manager of the result of the election not later than the twenty-sixth day of May following the poll and the General Manager shall forthwith notify the result of the poll to all branches of the Commission.
Election of deputy of the officers' representative.
The election of the deputy of the officers' representative shall take place simultaneously with the election of the officers' representative and shall be conducted in accordance with the provisions of this Division.
Term of office.
116.—(1.) Subject to the next succeeding sub-regulation, the officers' representative and the deputy of the officers' representative shall hold office for a period of one year from and including the first day of June next following the date of their election, except in the case of a person elected at a by-election, in which case the person elected shall hold office until the thirty-first day of May next following his election.
(2.) If the officers' representative or the deputy of the officers' representative ceases to be an officer of the Commission, he shall forthwith cease to be a member of the Board.
By-elections.
117.—(1.) Where a vacancy occurs in the office of officers' representative or deputy of the officers' representative not less than four months before the expiration of the period for which the officers' representative or deputy of the officers' representative was elected, or where any such vacancy exists by reason of no candidate having been elected, a by-election shall be held to fill the vacancy.
(2.) A by-election shall be conducted in accordance with the provisions of this Division, but the dates for the calling of nominations, for the return of nominations, for the poll, and for the notification of the result of the election, shall be fixed by the General Manager.
Division 2.—Procedure on Appeals to Disciplinary Appeal Board.
Appeals.
118.—(1.) An appeal under section 17p of the Act shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Board.
(2.) The appeal shall be lodged with the Chairman of the Board within fourteen days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.
(3.) The Chairman of the Board shall fix a time and place for the hearing of the appeal and shall cause notice thereof to be given to the members of the Board, to the appellant and to the Commission.
Particulars to be furnished.
119.—(1.) The Commission shall furnish to the Chairman of the Board and to the appellant, within seven days after the date on which the Commission receives notice of the appeal, or within such shorter time as the Chairman of the Board determines, particulars of the action taken by the Commission in respect of which the appeal has been lodged and the Commission's reasons for taking that action.
(2.) The Chairman of the Board may direct that further particulars be furnished, and the Commission shall furnish further particulars accordingly,
Appeals to be heard in camera.
The hearing of an appeal by the Board shall be in camera unless the Board otherwise decides.
Statements may be lodged.
121.—(1.) The appellant and the Commission respectively may lodge with the Board statements relating to the appeal.
(2.) A copy of any such statement shall he furnished by the appellant or the Commission as the case may he, to the other party.
(3.) The Board may direct that any statement lodged under the provisions of this regulation shall he in the form of a statutory declaration.
Evidence.
122.—(l.) On the hearing of the appeal the appellant and the Commission may call oral evidence.
(2.) The Chairman may by writing under his hand, summon any person to attend the Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.
(3.) A summons under the last preceding sub-regulation shall be served personally or by leaving it at the usual place of abode of the person to whom it is addressed.
(4.) A person served with a summons to attend the Board shall not without reasonable excuse, fail to attend the Board or to produce any documents, books or writings in his custody or control which he is required by the summons to produce.
(5.) It shall be a defence of a prosecution for an offence arising under the last preceding sub-regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Board.
(6.) A person appearing as a witness before the Board shall not refuse—
(a) to be sworn or to make an affirmation; or
(b) to answer any question relevant to the matter before the Board put to him by a member of the Board.
(7.) Nothing in this regulation shall be taken to require a person to answer any question which would tend to criminate him.
(8.) A witness before the Board shall not knowingly give false testimony in any evidence given by him to the Board.
Representation of appellant and Commission.
123.—(1.) The appellant may be represented before the Board by not more than one counsel or solicitor, or by an agent (being an officer), who may examine witnesses and address the Board on his behalf.
(2.) The Commission may be represented by not more than one counsel or solicitor, or by an officer appointed for the purpose by the General Manager, who may examine witnesses and address the Board on behalf of the Commission.
Board not to be bound by rules of evidence.
The Board shall make a thorough investigation without regard to legal forms and solemnities and shall not be bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.
Proceedings where appellant or witness in remote locality.
125.—(1.) Where it appears to the Board that it is undesirable by reason of the appellant being stationed in a remote locality or by reason of expense, inconvenience or delay to require the appellant or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.
(2.) The person so appointed shall take evidence of the appellant or witness on oath or affirmation and for the purpose of so doing shall have all the powers of the Chairman of the Board.
(3.) Any party to the appeal shall be entitled to be represented, in the manner provided by regulation 123 of these Regulations, before any person taking evidence in pursuance of this regulation.
(4.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board and considered by it in connexion with the appeal.
(5.) Nothing in this regulation shall prevent an appellant from appearing in person at the hearing of the appeal by the Board.
Decision of the appeal.
A statement of the decision of the Board under the hand of the Chairman shall be furnished to the Commission and the appellant within seven days after the decision of the appeal.
127.—(1.) The Board may recommend that all or any part of the costs. costs or expenses incurred by the appellant in connexion with the appeal be paid by the Commission, in which case the Commission shall make payment accordingly.
(2.) The Board may make a recommendation under the last preceding sub-regulation whether or not the appeal was successful.
Division 3.—Offences.
Offences.
An officer (not being a senior officer) who—
(a) wilfully disobeys or disregards any lawful order, instruction or direction applicable to him ;
(b) is negligent or careless in the performance of his duties ; or
(c)contravenes or fails to comply with any of the provisions of those Regulations,
shall be guilty of an offence prejudicial to the good order and discipline of the Commission.
Minor offences
129.—(1.) If a Branch Manager has reason to believe that any officer (not being a senior officer) employed in his Branch has committed an offence under the last preceding regulation, he may call upon the officer for an explanation, and, if the officer does not furnish an explanation, or if the Branch Manager, after consideration of any explanation which is furnished, is of opinion that the offence has been committed, the Branch Manager shall report all the circumstances to the Controller of Administration.
(2.) If the Controller of Administration considers that the offence has been committed, he may, subject to sub-regulation (4.) of this regulation—
(a) caution or reprimand the officer; or
(b) fine the officer an amount not exceeding One pound.
(3.) Any decision of the Controller of Administration under tie last preceding sub-regulation shall be reviewed by the General Manager, who may confirm, annul or vary the decision of the Controller.
(4.) If the Controller of Administration considers that the offence has been committed but constitutes misconduct within the meaning of section 17n of the Act, the matter shall be dealt with under the succeeding provisions of this Division.
Major offences.
130.—(1.) If a Branch Manager has reason to believe that an officer (not being a senior officer) employed in his Branch has been guilty of misconduct within the meaning of section 17n of the Act, the Branch Manager shall immediately charge the officer with misconduct and shall forthwith furnish the officer with a copy of the charge.
(2.) If the Branch Manager considers that the misconduct is of such a nature that the officer should not continue in the performance of his duty he may, prior to, at the time of or subsequent to, the laying of a charge, suspend the officer.
(3.) Upon receipt of the copy of the charge, the officer shall forthwith state in writing to the Branch Manager whether he admits or denies the charge and may give an explanation with respect thereto.
(4.) If the officer does not admit the charge within seven days after the copy thereof is furnished to him, he shall be deemed to deny the charge.
(5.) The Branch Manager shall then forward to the Controller of Administration a report on the matter, together with a recommendation as to the action which, in the opinion of the Branch Manager, ought to be taken, and the reply and explanation (if any) received from the officer.
(6.) The Controller of Administration shall consider the reports and recommendations relating to the charge and the reply and explanation (if any) received from the officer together with any further reports which the Controller of Administration sees fit to obtain, and, if the officer has not admitted the charge, the Controller of Administration shall report to the General Manager whether or not, in the opinion of the Controller of Administration, the charge has been sustained.
(7.) If the officer has admitted the charge or the General Manager, after considering the report of the Controller of Administration, considers that the charge has been sustained, the General Manager shall report the matter to the Commission together with a recommendation as to the action which, in his opinion, ought to be taken.
(8.) The Commission shall consider the reports and recommendation relating to the charge and the reply and explanation (if any) of the officer charged, together with any further reports which the Commission sees fit to obtain, and, if the officer has not admitted the charge, determine whether or not the charge has been sustained.
(9.) If the officer has been suspended, the Controller of Administration or the General Manager may at any time remove the suspension, and if the General Manager considers that the charge has not been sustained, or the Commission determines that the charge has not been sustained, the General Manager shall forthwith remove the suspension.
Officers charged with criminal offences.
131.—(1.) Where an officer (not being a senior officer) is charged with a criminal offence against any law of the Commonwealth or of a State or Territory of the Commonwealth punishable either on indictment or on summary conviction, the Branch Manager may suspend the officer and shall immediately report the circumstances to the Controller of Administration.
(2.) If, upon the hearing of the charge by any court, the officer is found guilty of the offence, the Branch Manager may charge the officer with misconduct under the last preceding regulation.
(3.) If the officer is found not guilty of the offence, or the Branch Manager does not charge the officer with misconduct under the last preceding regulation, the Branch Manager shall, if the officer has been suspended, forthwith remove the suspension.
Offences by senior officers.
132.—(1.) If the General Manager has reason to believe that a senior officer has been guilty of misconduct within the meaning of section 17n of the Act, the General Manager may charge the officer with the misconduct and may, prior to, at the time of, or subsequent to, the laying of the charge suspend the officer.
(2.) The General Manager shall forthwith furnish the officer with a copy of the charge and the officer shall forthwith state in writing to the General Manager whether he admits or denies the charge and may give an explanation with respect thereto.
(3.) If the officer does not admit the charge within seven days after the copy thereof is furnished to him, he shall be deemed to deny the charge.
(4.) The General Manager shall then forward a report to the Commission as to the matter, together with a recommendation as to the action which, in his opinion, ought to be taken.
(5.) The Commission shall consider the report and recommendation relating to the charge and the reply and explanation (if any) of the officer charged together with any further reports which the Commission sees fit to obtain and, if the officer has not admitted the charge, shall determine whether or not the charge has been sustained.
(6.) If the officer has been suspended, the Commission may remove the suspension pending the determination of the charge, and if the Commission determines that the charge has not been sustained, the Commission shall, if the officer is still suspended, immediately remove the suspension.
Senior officers charged with criminal offences.
133.—(1.) Where a senior officer is charged with a criminal offence against any law of the Commonwealth or of a State or Territory of the Commonwealth punishable either on indictment or on summary conviction, the General Manager may suspend the officer.
(2.) If, upon the hearing of the charge by any court, the officer is found guilty of the offence, the General Manager may charge the officer with misconduct under the last preceding regulation.
(3.) If the officer is found by the court to be not guilty of the offence or the General Manager does not charge the officer with misconduct under the last preceding regulation, the General Manager shall, if the officer has been suspended, forthwith remove the suspension.
Payment of salary during suspension.
Where an officer has been suspended under this Division he shall be paid his salary during the period of suspension unless the Commission otherwise determines.
Part VIII.—Temporary Employees.
Applications for temporary employment.
135.—(1.) Every applicant for appointment as a temporary employee shall submit an application in such form as the General Manager determines, and shall supply such evidence as is required by the General Manager as to his age, character, health and qualifications for the employment he desires, and any other information considered necessary by the General Manager.
(2.) The Commission shall keep in each State a register of applicants for temporary employment and each application under the last preceding sub-regulation shall be recorded in the appropriate register and shall be considered, as to suitability, in order of registration.
Salaries of temporary employees.
The salary of a temporary employee shall be at such rate as the Commission determines.
Duration of temporary employment.
Temporary employees shall hold office during the pleasure of the Commission.
Recreation leave for temporary employees.
138.—(1.) A temporary employee who is employed continuously for more than twelve months shall be entitled to three weeks (exclusive of public holidays) leave of absence for recreation for each completed twelve months' continuous service.
(2.) The provisions of sub-regulations (8.) and (9.) of regulation 89 of these Regulations shall be applicable in relation to recreation leave granted under this regulation.
(3.) Where leave under this regulation has been deferred and it is not possible to grant the leave before the termination of employment, or if, on the completion of twelve months' service, the services of the employee are no longer required, the employee shall be paid an amount equivalent to the pay for the period of leave deferred.
(4.) Where the appointment of a temporary employee who has been employed for not less than six months is terminated on the ground that a greater number of persons is employed than is necessary, the General Manager may grant to that temporary employee recreation leave for the period which bears to three weeks the same proportion as any period of employment for which the temporary employee is not otherwise entitled to recreation leave bears to twelve months.
Sick leave— temporary employees who are returned soldiers.
139.—(1.) A temporary employee who is a returned soldier may be granted leave of absence on account of illness in accordance with the provisions of this regulation.
(2.) Where the employee has not completed twenty-six days' actual duty, the Branch Manager may, if he is satisfied that the absence is due to illness, grant the employee leave of absence without pay.
(3.) Where the employee has completed twenty-six days' actual duty, the Branch Manager may, if he is satisfied that the absence arose from illness due to causes beyond the employee's own control, grant leave of absence—
(a) with pay, at the rate of one day for each twenty-six days of service in respect of which sick leave with pay has not been previously granted ; and
(b) without pay, at the rate of two days for each twenty-six days of service, except during the first twelve months of service, when leave not exceeding twenty-four days may be granted.
(4.) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions during the previous twelve months :
Provided that, in the case of an employee who has completed at least twelve months' continuous service, it shall not be necessary for a medical certificate to be produced in respect of an absence or absences not exceeding four days in the aggregate in any period of twelve months.
(5.) Where an employee has completed a period of twelve months continuous employment he shall, as from the completion of that period, and so long as he is continuously employed, be eligible for sick leave as though he had been permanently appointed at the commencement of that period of twelve months, subject to a deduction from the sick leave for which he thereby becomes eligible of any sick leave that has been granted during that period.
(6.) 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.
(7.) Where an employee has exhausted all sick leave with pay to which he is entitled under this regulation and where satisfactory medical evidence is produced that the illness is due to war service, the Branch Manager may grant further sick leave with half pay for a period not exceeding six days in any twelve months, or, in the case of an officer required to attend for duty on the five days from Monday to Friday (inclusive), five days in any twelve months.
Sick leave— temporary employees who are not returned soldiers.
140.—(1.) A temporary employee who is not a returned soldier may be granted leave of absence on account of illness if the Branch Manager is satisfied that the absence arose from illness due to causes beyond the employee's own control, in accordance with the provisions of this regulation.
(2.) Where the employee has not completed fifty-two days' actual duty, the Branch Manager may grant leave without pay.
(3.) Where the employee has completed fifty-two days' actual duty the Branch Manager may grant leave at the rate of one day with pay and two days without pay for every twenty-six days' service, but not more than six days with pay and twenty-four days without pay shall be granted in respect of any twelve months' service.
(4.) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions during the previous twelve months :
Provided that, in the case of an employee who has completed at least twelve months' continuous service, it shall not be necessary for a medical certificate to be produced in respect of an absence or absences not exceeding four days in the aggregate in any period of twelve months.
(5.) Where an employee has completed a period of twelve months' continuous employment he shall, as from the completion of that period, and so long as he is continuously employed, be eligible for sick leave as though he had been permanently appointed at the commencement of that period of twelve months, subject to a deduction from the sick leave for which he thereby becomes eligible of any sick leave that has been granted during that period.
(6.) 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.
Sick leave for temporary employees injured while on duty, &c.
Notwithstanding anything contained in the last two preceding regulations, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Commission as being so meritorious in the publie interest as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of the injury which may be granted to that officer and the conditions under which the leave may be granted.
Application of Regulations to temporary employees.
Subject to this Part, the provisions of regulations 15, 16, 17, 18, 19, 23, 37, 38, 39, 40, 41, 42, 43, Part IV., and regulations 76, 77, 78, 80, 81, 82, 83, 84, 85, 86, 87, 88, 92, 93, 94, 95 (except sub-regulation (2.)), 96, 99, 100, 101, 102 and 103 of these Regulations shall, mutatis mutandis, apply to temporary employees.
Part IX.—Auxiliary Programme Staff.
Appointments to Auxiliary Programme Staff.
143.—(1.) The Commission may appoint persons to be members of the Auxiliary Programme Staff of the Commission.
(2.) Members so appointed shall hold office during the pleasure of the Commission.
Applications for appointment to Auxiliary Programme Staff.
144.—(1.) Every applicant for appointment as a member of the Auxiliary Programme Staff shall submit an application, in such form as the General Manager determines, and shall supply such evidence as is required by the General Manager as to his age, character, health and qualifications for the employment he desires, and any other information considered necessary by the General Manager.
(2.) The Commission shall keep in each State a register of applicants for employment as members of the Auxiliary Programme Staff and each application under the last preceding sub-regulation shall foe recorded in the appropriate register and shall be considered, as to suitability, in order of registration.
Salaries of officers of the Auxiliary Programme Staff
The salary of a member of the Auxiliary Programme Staff shall be at such rate as the Commission determines.
Recreation leave.
Where the appointment of a member of the Auxiliary Programme Staff who has been employed for not less than six months is terminated on the ground that a greater number of persons is employed than is necessary, the General Manager may grant to that member
recreation leave for the period which hears to three weeks the same proportion as any period of employment for which the member is not otherwise entitled to recreation leave bears to twelve months.
Application of Regulations to officers of the Auxiliary Programme Staff.
Subject to this Part, the provisiona of regulations 15, 16, 17, 18, 19, 23, 37, 38, 39, 40, 41, 42, 43, Part IV., regulations 76, 77, 78, 80, 81, 82, 83, 84, 85, 86 and Part XI. of these Regulations shall, mutatis mutandis, apply to members of the Auxiliary Programme Staff.
Part X.—Miscellaneous.
Officers In remote localities or overseas.
The Commission may vary, in such manner as it thinks fit, the application of these Regulations in relation to an officer, temporary employee or member of the Auxiliary Programme Staff who is employed in a remote locality or outside Australia.
Special sick leave.
149.—(1.) Where an officer, temporary employee or member of the Auxiliary Programme Staff satisfies the General Manager (by production of a medical certificate from the Repatriation Commission or otherwise) that his unfitness for duty (occurring, within(three) years after his ceasing to be engaged on war service) is on account of illness occurring as a result of war service, the officer, temporary employee or member of the Auxiliary Programme Staff may be granted sick leave on full pay for a period or periods not exceeding in the aggregate forty-five days.
(2.) The sick leave which may be granted under this regulation shall be in addition to the sick leave which may be granted under the other provisions of these Regulations.
(3.) For the purposes of this regulation war service shall include service as a war correspondent.
Image unavailable in extracted textImage unavailable in extracted textTHE SCHEDULES.
Image unavailable in extracted textFIRST SCHEDULE.
Reg. 24
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,
Reg. 59. SECOND SCHEDULE.
Australian Broadcasting Commission.
Declaration of Secrecy.
I [full name], of [address], do solemnly and sincerely declare that I will be true and faithful in the execution of my duties, and that I will hold strictly secret all information obtained by me in the performance of my duties. And I further declare that, except in the course of official duty, I will not communicate any official information without the written approval of the General Manager.
(Signature of Officer.)
Declared before me at this
day of 19 .
A Justice of the Peace.
A Commissioner for Declarations.
Image unavailable in extracted textBy Authority: L. P. Johnston, Commonwealth Government Printer, Canberra.