72.—(1.) The High Commissioner may, on the application of an officer or employee, grant to the officer or employee leave of absence without salary—
(a) where the leave of absence is for the purpose of enabling the officer or employee—
(i) to pursue a course of studies, or to undertake research, relating to the duties of an office in the Service;
(ii) to undertake vocational training under a Commonwealth scheme of vocational training; or
(iii) to engage in employment under the Commonwealth or an authority of the Commonwealth, not being employment under these Regulations,
for a period not exceeding twelve months or for such longer period as the Minister thinks fit; or
(b) for any other purpose (not being a purpose in respect of which leave may be granted under any other provision of these Regulations)—for a period not exceeding twelve months.
(2.) The period during which an officer or employee is absent on leave granted under this regulation shall not, unless the Minister otherwise determines, be deemed to form part of the period of service or employment of the officer or employee under the Act.
Leave for defence purposes.
73.—(1.) The High Commissioner may grant leave of absence to an officer or employee—
(a) to enable the officer or employee to engage in time of war in service as a member of the naval, military or air force of the United Kingdom, Australia or of a part of the Queen’s dominions (including a British protectorate or a British protected state);
(b) to enable the officer or employee to engage in service as a member of a force referred to in the last preceding paragraph which has been allotted for duty in an area in which the forces of the United Nations are engaged in warlike operations;
(c) to enable the officer or employee to attend annual training as a member of a force referred to in paragraph (a) of this sub-regulation;
(d) to enable the officer or employee to attend a school, class or course of instruction conducted for the training of members of such a force; or
(e) to enable the officer or employee to render full-time training as a member of such a force for or in connexion with the training of persons liable to national service training.
(2.) The period during which an officer or employee is absent on leave granted under this regulation shall be deemed to form part of the period of service or employment of the officer or employee under the Act.
Salary while on defence leave.
74.—(1.) Leave of absence granted to an officer or employee for a purpose specified in paragraph (a) or (b) of sub-regulation (1.) of the last preceding regulation shall be without salary.
Division Div 5 - High Commissioner (Staff) Regulations - Other Leave of Absence. | Zoe
(2.) Where the remuneration payable to an officer or employee as a member of a force referred to in paragraph (e), (d) or (e) of sub-regulation (1.) of the last preceding regulation during the period for which he is granted leave of absence for the purpose specified in that paragraph is less than the salary which the officer or employee would have received during that period as an officer or employee, the officer or employee shall be paid an amount equal to the difference.
(3.) For the purpose of this regulation, “salary” includes such allowances under these Regulations as the High Commissioner determines.
Short leave of absence.
75.—(1.) The Official Secretary may, upon sufficient cause being shown, grant to an officer or employee leave of absence, without deduction from recreation leave, not exceeding three days in the aggregate in any period of twelve months that is regarded as a period of twelve months’ service for the purpose of his entitlement to sick leave.
(2.) In addition to leave of absence granted under the last preceding Sub-regulation, the Official Secretary may grant an officer or employee leave of absence not exceeding one working week in the aggregate in any such period of twelve months but that period of leave of absence shall be deducted from the next accruing recreation leave of the officer or employee.
(3.) In addition to leave of absence granted under the last two preceding sub-regulations, the Official Secretary may grant leave of absence to an officer or employee for the purpose of attending an examination of a University or of a Technical College or School in subjects a knowledge of which would, in the opinion of the Official Secretary, increase the usefulness of the officer or employee in the Service.
Leave for officers and employees called as witnesses or jurors.
76.—(1.) An officer or employee who is subpoenaed or called as a witness or summoned as a juror shall promptly notify the Official Secretary.
(2.) An officer or employee subpoenaed or called as a witness or summoned as a juror shall be granted leave of absence for the period necessary for his attendance as a witness or juror.
(3.) Leave of absence granted under this regulation to an officer or employee who is subpoenaed or called as a witness on behalf of Her Majesty’s Government in the United Kingdom or on behalf of the Commonwealth shall be on full salary.
(4.) An officer or employee referred to in the last preceding sub-regulation may, if he is required to travel, be allowed travelling allowance and expenses as if his attendance as a witness were in the performance of his official duties.
(5.) Leave of absence granted under this regulation to an officer or employee who is subpoenaed or called as a witness in any other circumstances shall be without salary but any fee received by him as a witness may be retained by him.
(6.) Leave of absence under this regulation to an officer or employee who is summoned as a juror shall be on full salary less any amount received by him as compensation for his attendance as a juror.
PART V.—TENURE OF OFFICE.
Retirement of officers.
77.—(1.) Subject to these Regulations, an officer who has attained the age of sixty years is entitled to retire from the Service if he desires to do so, but may continue in the Service until he attains the age of sixty-five years.
(2.) If an officer continues in the Service after he has attained the age of sixty years, he may, at any time before he attains the age of sixty-five years, be retired from the Service by the Minister upon the recommendation of the High Commissioner.
(3.) An officer shall, on attaining the age of sixty-five years, be retired by the Minister from the Service.
Excess officers.
78.—(1.) If, at any time, the High Commissioner finds that a greater number of officers is employed than is necessary for the efficient working of the Service, the High Commissioner shall report to the Minister accordingly.
(2.) The Minister may transfer an officer who the High Commissioner finds is in excess to such other office of equal classification as the officer is competent to fill and, if no such office is available, the officer may be transferred to an office of a lower classification.
(3.) If no office is available for the officer, the Minister may retire the officer from the Service.
Female officers to be retired.
A female officer shall be deemed to have retired from the Service upon her marriage.
Incapacity of officers.
80.—(1.) If an officer appears to the High Commissioner to be inefficient or incompetent, or unfit to discharge or incapable of discharging the duties of his office, the High Commissioner may recommend to the Minister that the officer be transferred to another office in the Service or that he be retired from the Service.
(2.) Upon receipt of the High Commissioner’s recommendation, the Minister may transfer the officer to another office in the Service with salary appropriate to that other office or may, subject to regulation 60 of these Regulations, retire him from the Service.
(3.) If an officer is absent on sick leave for the maximum period specified in relation to the officer in regulation 64 of these Regulations and the Minister is, at the expiration of that period, satisfied that the officer is unable to resume his duties, the officer shall be retired from the Service.
Dismissal of officers and employees.
81.—(1.) The Minister may dismiss an officer in accordance with Part VI.
(2.) An employee may be dismissed by the High Commissioner at any time—
(a) if the High Commissioner decides that the position he is occupying is no longer necessary for the efficient functioning of the Service;
(b) if the employee appears to the High Commissioner to be inefficient or incompetent, or unfit to discharge or incapable of discharging his duties;
(c) if the employee is absent on leave of absence on account of illness for the maximum period specified in regulation 64 of these Regulations, and the High Commissioner is satisfied that he is unable to resume his duties at the expiration of that period;
(d) if the employee contravenes or fails to comply with a provision of these Regulations applicable to him;
(e) if the employee has been guilty of conduct which, if he were an officer, would have constituted a disciplinary offence specified in regulation 91 of these Regulations;
(f) if the employee is found guilty of a criminal offence referred to in regulation 94 of these Regulations; or
(g) if the employee foments or takes part in a strike referred to in regulation 95 of these Regulations.
Return of officers over 60 years of age.
The High Commissioner shall furnish to the Minister, in the month of April in each year, a return of officers who have attained the age of sixty years, together with a report in each case as to whether the officer is able and willing to continue to perform his duties.
PART VI.—DUTIES OF OFFICERS AND EMPLOYEES AND DISCIPLINE.
Division 1.—Duties of Officers and Employees.
Knowledge of Act and Regulations.
A person who is an officer or employee 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 with the Act and these Regulations as are applicable to him in the performance of his duties.
Subordination of officers and employees.
84.—(1) A person who is an officer or employee shall obey promptly all instructions given to him by the officers under whose control or supervision he is placed.
(2.) If an officer or employee has ground for complaint arising out of instructions given to him by a superior officer, or from any other cause whatsoever, he may appeal on that ground, through his immediate superior, to the Official Secretary, who shall decide the appeal and advise the officer or employee of his decision.
(3.) If the officer or employee is still dissatisfied, he may appeal, through the Official Secretary, to the High Commissioner, who shall finally decide the appeal.
(4.) The officer or employee 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.
Performance of work outside the Service.
85.—(1.) Except with the express permission of the High Commissioner, which permission may at any time be withdrawn, an officer or employee shall not—
(a) accept or continue to hold an office in or under the Government of a State, in or under the Government of the United Kingdom or in or under a 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 such a business, whether as principal or agent;
(d) engage or continue in the private practice of a profession, occupation or trade, or enter into employment, whether remunerative or not, with a person so engaged; or
(e) accept or engage in remunerative employment otherwise than in connexion with his duties.
(2.) Nothing in this regulation prevents an officer or employee from becoming a member or shareholder only of an incorporated company or society, but an officer or employee shall not take part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.
Solicitation or acceptance of gifts.
An officer or employee shall not, directly or indirectly, solicit or accept gifts or presents from a member of the public concerned, directly or indirectly, with a matter connected with the duties of the officer or employee or in which the Commonwealth is interested.
Monetary transactions between officers or employees forbidden.
An officer or employee shall not—
(a) be a party to a monetary transaction with another officer or employee, 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 or employee.
Obligations arising from confidential nature of duties.
88.—(1.) An officer or employee shall not—
(a) publicly comment on the administration of the High Commissioner’s Office or of the Commonwealth; 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 High Commissioner’s Office.
(2.) An officer or employee shall not, except in the course of his official duties or with the written approval of the High Commissioner, give information directly or indirectly, concerning the business of the High Commissioner’s Office or of the Commonwealth or another matter of which he has knowledge officially.
Accounts and public moneys.
Where the duties of an officer or employee relate to accounts or the collection and payment of public moneys, the officer or employee shall follow, with the necessary changes, the accounting procedures and provisions for the payment and receipt of public moneys of the Commonwealth required by the Audit Act 1901-1960 and by regulations in force from time to time under that Act to be followed by a person holding the corresponding office in the Commonwealth Public Service.
Bankrupt officers or employees.
An officer or employee who becomes a bankrupt, enters into a scheme of arrangement or composition with his creditors or executes a deed of arrangement for the benefit of his creditors shall—
(a) forthwith give notice to the Official Secretary accordingly; and
(b) as and when required to do so by the Official Secretary, furnish such information in relation to his bankruptcy or insolvency as the Official Secretary requires.
Division 2.—Disciplinary Offences and Punishment.
Disciplinary Offences.
Subject to regulations 94 and 95 of these Regulations, an officer who—
(a) wilfully disobeys or disregards a lawful order made or given to him in his capacity as an officer by a person having authority to make or give the order;
(b) is negligent or careless in the discharge of his duties;
(c) contravenes or fails to comply with a provision of these Regulations applicable to him;
(d) having made and subscribed an oath or affirmation under these Regulations, does or says anything in violation of that oath or affirmation;
(e) is inefficient or incompetent through causes which appear to be within his own control;
(f) unlawfully uses intoxicating liquors or drugs to excess;
(g) is guilty of disgraceful or improper conduct whether in his official capacity or otherwise; or
(h) has wilfully supplied to an officer or other person acting on behalf of the Commonwealth incorrect or misleading information in connexion with his appointment to the Service,
is guilty of a disciplinary offence and is liable to punishment in accordance with this Division.
Minor offences by officers.
92.—(1.) If the Official Secretary has reason to believe that an officer has committed a disciplinary offence under the last preceding regulation, not being an offence of such a nature that, in his opinion, the officer should not continue in the performance of his duties, the Official Secretary may call upon the officer for an explanation.
(2.) If the officer does not furnish an explanation and the Official Secretary considers that the offence has been committed, or if the Official Secretary, after consideration of an explanation, is of the opinion that the offence has been committed, the Official Secretary may—
(a) caution or reprimand the officer; or
(b) fine the officer an amount not exceeding Two pounds.
Major offences by officers.
93.—(1.) If the Official Secretary has reason to believe that a disciplinary offence of such a nature that the officer should not continue in the performance of his duty has been committed, the Official Secretary—
(a) shall immediately charge the officer and furnish him with a copy of the charge; and
(b) may, prior to, at the time of or subsequent to the laying of the charge, suspend the officer.
(2.) Upon receipt of the copy of the charge, the officer shall forthwith state in writing to the Official Secretary whether he admits or denies the charge and may give an explanation with respect to the alleged offence.
(3.) If the officer does not admit the charge within seven days after the copy of the charge is furnished to him, he shall be deemed to deny the charge.
(4.) The Official Secretary shall then forward to the High Commissioner a report on the matter, together with a recommendation as to the action which, in the opinion of the Official Secretary, ought to be taken, and the reply and explanation (if any) received from the officer.
(5.) The High Commissioner shall consider the report, recommendation, reply and explanation (if any) relating to the charge together with any further reports which the High Commissioner sees fit to obtain and, if the officer has not admitted the charge, shall determine whether or not in his opinion the charge has been sustained.
(6.) If the officer has admitted the charge and the High Commissioner after considering the report, recommendation, reply and explanation (if any) relating to the charge considers that the charge has been sustained, the High Commissioner may—
(a) fine the officer an amount not exceeding Twenty pounds;
(b) if the officer occupies a position to which a scale of rates of annual salary is applicable and he is in receipt of a rate of annual salary other than the minimum rate within that scale of rates—reduce his rate of salary to a lower rate within that scale;
(c) reduce the officer to a lower position and salary;
(d) transfer the officer to some other position or so transfer him in addition to a fine or reduction in accordance with the preceding paragraphs of this sub-regulation; or
(e) recommend to the Minister the dismissal of the officer from the Service.
(7.) If the High Commissioner recommends to the Minister the dismissal of an officer from the Service, he shall at the same time forward to the Minister a report of all the particulars of the case together with the report, recommendation, reply and explanation referred to in sub-regulation (4.) of this regulation and the Minister may, after considering the reports, recommendations, reply and explanation—
(a) impose a punishment specified in paragraph (a), (b), (c) or (d) of the last preceding sub-regulation; or
(b) dismiss the officer.
(8.) If the officer has been suspended, the High Commissioner may, at any time, remove the suspension and, if the High Commissioner considers that the charge has not been sustained, the suspension of the officer shall forthwith be removed.
Officers charged with criminal offences.
94.—(1.) Where an officer is charged with a criminal offence punishable either on indictment or on summary conviction, the Official Secretary may suspend the officer and report the circumstances to the High Commissioner.
(2.) If, upon the hearing of the charge by a court, the officer is found guilty of the offence, the officer may (whether or not he has been suspended) be dealt with in accordance with the last preceding regulation as if he had been charged under that regulation and the charge had been sustained.
(3.) If an officer who has been suspended is found by the court to be not guilty of the criminal offence, the High Commissioner shall forthwith remove the suspension.
Officers taking part in strikes.
Where, after investigation and hearing by the High Commissioner, an officer is found guilty of directly fomenting or taking part in a strike which interferes with or prevents the carrying on of the business of the High Commissioner’s Office, the High Commissioner shall, without regard to the procedure prescribed under these Regulations for the dealing with a disciplinary offence, summarily dismiss the officer from the Service and report all the particulars of the case to the Minister.
Payment of salary to officers during suspension.
96.—(1.) Where an officer has been suspended under the preceding provisions of this Part, he shall, unless the High Commissioner otherwise orders, be paid his salary during the period of his suspension.
(2.) Where—
(a) an officer has been suspended for an offence under this Part;
(b) the High Commissioner has ordered that the officer shall not be paid his salary during the period of the suspension; and
(c) the charge is not sustained and the suspension is removed, the officer shall be paid his salary for the period of the suspension.
Record of punishments.
97.—(1.) The Official Secretary shall cause a record to be kept of all punishments of officers imposed under this Part.
(2.) A punishment of an officer under regulation 92 of these Regulations shall not be kept on record for a longer period than two years after the imposition of the punishment.
(3.) In any matter under these Regulations affecting an officer, no record or report relating to a punishment of the officer under regulation 92 of these Regulations of over two years’ standing shall be taken into consideration.
Report of punishments.
The Official Secretary shall advise the Minister of all punishments of officers imposed under this Part except fines of an amount of Two pounds or less and punishments under regulation 92 of these Regulations.
Deduction of pecuniary penalty from salary.
99.—(1.) On receipt of notice of a pecuniary penalty imposed upon, or an order for the payment of money made against, an officer under these Regulations, the officer who pays the salary of the officer so punished or against whom the order is made shall, unless he is satisfied that payment has been made by that officer, deduct from that salary payable to the officer the amount of the penalty, or the sum ordered to be paid, as the case may be.
(2.) The deduction may be made by instalments equal as nearly as practicable to one-fourth of the salary due from time to time to the officer.
(3.) All fines and penalties imposed under these Regulations shall be paid into and form part of the Consolidated Revenue Fund.
THE SCHEDULES.
FIRST SCHEDULE.
Regulation 2.
STATUTORY RULES REPEALED.
Statutory Rules 1941, No. 258.
Statutory Rules 1943, No. 73.
Statutory Rules 1943, No. 300.
Statutory Rules 1944, No. 172.
Statutory Rules 1946, No. 50.
Statutory Rules 1946, No. 97.
Statutory Rules 1948, No. 58.
Statutory Rules 1949, No. 11.
Statutory Rules 1949, No. 79.
Statutory Rules 1950, No. 45.
Statutory Rules 1952, No. 21.
Statutory Rules 1952, No. 95.
Statutory Rules 1954, No. 75.
Statutory Rules 1955, No. 72.
Image unavailable in extracted textSECOND SCHEDULE.
Regulation 11.
OATH OR AFFIRMATION ON APPOINTMENT.
I, A.B., do swear by Almighty God [or solemnly and sincerely affirm and declare] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and will faithfully perform the duties of an officer [or an employee] under the High Commissioner (United Kingdom) Act 1909-1957.
Image unavailable in extracted textTHIRD SCHEDULE.
Regulation 22.
OATH OR AFFIRMATION BY MEMBER OF PROMOTIONS APPEAL COMMITTEE.
I, A.B., do swear by Almighty God [or solemnly and sincerely affirm and declare] that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law as a member of the Promotions Appeal Committee constituted under the High Commissioner (Staff) Regulations and that I will faithfully perform the duties and exercise the powers imposed or conferred upon me as such a member without fear or favour, affection or ill-will.