REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922–1931.
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Commonwealth Public Service Act 1922–1931, to come into operation as on and from the 1st July, 1931.
Dated this twenty-seventh day of November, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. H. SCULLIN
Prime Minister.
Part I.—Preliminary.
Short Title.
These Regulations may be cited as the Commonwealth Public Service (Parliamentary Officers) Regulations.
Parts.
These Regulations are divided into Parts as follows:—
Part
I.
—Preliminary.
Part
II.
—Administration—
Division I.—Attendance and Duties of Officers.
Division II.—Leave of Absence and Holidays.
Division III.—Miscellaneous.
Part
III.
—Allowances.
Part
IV.
—Salaries.
Part
V.
—Variation of Salary—Officers of Second, Third, and Fourth Divisions.
Part
VI.
—Promotions and Transfers.
Part
VII.
—Temporary Employment.
Part
VIII.
—Miscellaneous.
Definitions.
In these Regulations, unless the contrary intention appears—
“the Act” means the Commonwealth Public Service Act 1922–1931, and if at any time that Act is amended, means that Act as so amended;
“the Parliamentary Head” means the President, or the Speaker, or the President and the Speaker, as the case may be;
“the Parliamentary Service” means the Parliamentary Departments specified in section 9 of the Act.
Application of certain regulations.
The following Regulations, namely:—
(a) the Regulations contained in this Statutory Rule;
(b) any regulation made under sub-section (6.) of section 9 of the Commonwealth Public Service Act 1922–1931 after the date of these Regulations; and
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(c) Part IX. of the Commonwealth Public Service Regulations (Statutory Rules 1926, No. 212, as amended to this date), together with any amendments made to that Part after the date of these Regulations,
and no other regulations under the Commonwealth Public Service Act 1922–1931, shall apply to officers of the Parliamentary Service.
Repeal of previous regulation.
The regulation made under the Act (Statutory Rules 1931, No. 89), in force at the commencement of these Regulations, is repealed as from the commencement of these Regulations, save as to anything lawfully done, or any right, privilege, obligation or liability acquired, accrued or incurred thereunder.
Applications, how made.
6. The application of any officer upon any matter affecting him as an officer of the Parliamentary Service shall be made by that officer, through the head of his branch, to the Permanent Head. Where the matter is one which the officer desires shall be considered by the Parliamentary Head, the application shall be addressed to the Permanent Head, and shall be forwarded by him, with any remarks considered necessary, to the Parliamentary Head.
Part II.—Administration.
Division I.—Attendance and Duties of Officers.
Officers to acquaint themselves with Act and Regulations.
All officers are required to acquaint themselves with the Act and these Regulations.
Hours of attendance.
8. The hours of duty of officers of any Department of the Parliamentary Service shall be such hours as are specified from time to time by the Permanent Head of that Department.
Records of attendances.
(1) Every officer, not being an officer of the First or Second Division, and not being an officer exempted from the provisions of this regulation by the Parliamentary Head upon recommendation of the Permanent Head, shall record daily in an attendance book or other means of record approved by the Permanent Head, the actual time of his arrival on duty and his departure therefrom.
(2) The officer in charge of each branch of a Department provided with means of record of attendance shall be responsible for their use in accordance with these Regulations.
(3) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorize that officer to absent himself from duty or to leave his office except on official business within his hours of duty.
Absence from duty during office hours.
(1) No officer shall leave his office during office hours, except on official business or by express permission of the Permanent Head.
(2) At the discretion of the Permanent Head leave for such absence may be granted with or without pay, or may be deducted from recreation leave.
Absence from duty in case of illness or emergency.
11. (1) No officer shall be absent from duty without proper authority, unless reasonable cause is shown.
(2) If an officer is prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of his branch to the Permanent Head, and the officer shall furnish, in the case of illness, such evidence as is prescribed, and, in the case of emergency, such evidence as the Permanent Head considers necessary.
Responsibilities of Permanent Heads.
The Permanent Head shall report to the Parliamentary Head, whenever the necessity arises, any alterations which are, in his opinion, necessary or expedient for the more economical, efficient or convenient
working of his Department or any branch thereof. He shall also report to the Parliamentary Head what alterations, if any, are in his opinion necessary in the salaries or allowances of any of the officers under his Control, and shall bring under the attention of the Parliamentary Head any matter, whether in relation to any officer or to the work of any branch of his Department, with which he thinks it desirable for the Parliamentary Head to be acquainted.
Creation and abolition of offices.
(1) The Permanent Head shall report to the Parliamentary Head whenever he deems it advisable—
(a) to create a new office in any Division;
(b) to abolish any office; or
(c) to raise or lower the classification of any office.
(2) Whenever an alteration is made in the duties of any office affecting the importance or character of its work, the officer responsible for the alteration shall furnish a report setting out particulars of the alteration. The report shall be made to the Parliamentary Head through the Permanent Head, who shall inform the Parliamentary Head if, in his opinion, the classification of the office should be varied consequent upon the change of duties.
Report as to officers attaining 60 years.
When any officer attains the age of 60 years, the Permanent Head shall report to the Parliamentary Head as to the willingness and fitness of such officer to continue to perform the duties of his position.
Return of officers over 60 years of age.
(1) The Permanent Head shall furnish the Parliamentary Head, in the month of April in each year, with a return of officers in his Department who have attained the age of 60 years or over, together with a report in each case as to whether the officer is able and willing to continue to perform his duties.
(2) If the Permanent Head is of the opinion that any such officer should be retired on account of inability to perform his duties, he shall recommend accordingly, stating his reasons for so doing.
Subletting prohibited.
Officers who occupy for the purpose of residence any building belonging to or occupied by the Commonwealth are prohibited from sub-letting any portion of the building without the consent in writing of the Permanent Head.
Repairs to Government buildings.
All officers shall be held responsible for the careful use and preservation of all Government property in their occupation, possession, custody, or care. Officers in charge of public buildings shall, in the event of repairs being required, report to the Permanent Head, and shall not allow the buildings to fall into decay, or to become permanently injured for the want of repairs without reporting the circumstances to the Permanent Head.
Maintenance of order.
Officers in charge of any branch of the Parliamentary Service shall be responsible for the maintenance of good order, and shall afford the utmost assistance to the Permanent Head.
Breaches of Regulations to be reported.
Officers in charge of branches of the Parliamentary Service shall report to the Permanent Head any breaches of these Regulations which come to their knowledge.
Report of officers incapacitated through liquor or drugs.
If an officer in charge or sub-charge observes at any time that any officer or employee under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, he shall suspend him from duty, and immediately report the matter to his immediate superior officer or to the Permanent Head of the Department.
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Obligations as to duty and behaviour.
Every officer shall—
(a) during the hours of official business devote himself exclusively and zealously to the discharge of his public duties;
(b) behave at all times with courtesy to the people, giving prompt attention to all reasonable requirements;
(c) obey promptly all instructions given to him by any officer under whose control or supervision he is placed;
(d) promptly and correctly carry out all duties appertaining to his office, or any other duty he is directed to perform; and
(e) in due course and at proper times comply with, and give effect to, all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
Appeals against instructions.
22. (1) If any officer considers he has grounds of complaint arising out of an official instruction, or from any other cause, he may appeal, in regard thereto, through his immediate superior officer, to the Permanent Head, but he shall nevertheless, as far as possible, carry out any instruction given him until it is countermanded by competent authority.
(2) If an officer, having appealed to the Permanent Head in pursuance of this regulation, is dissatisfied with the decision, the Permanent Head shall on request forward the appeal to the Parliamentary Head for determination.
Public comment on administration.
23. An officer shall not—
(a) publicly comment upon any administrative action or upon the administration of any Department; or
(b) use for any purpose, other than for the discharge of his official duties, information gained by or conveyed to him through his connexion with the Parliamentary Service.
Information not to be given.
24. Except in the course of official duty, no information concerning public business or any matter of which an officer has knowledge officially shall be given, directly or indirectly, nor shall the contents of official papers be disclosed, by an officer without the express authority of the Permanent Head.
Outside influence.
Officers are prohibited from seeking the influence or interest of any person in order to obtain promotion, transfer, or other advantage, or from supplying to another officer, for use for any such purpose, certificates or testimonials relating to official capacity or performance of official duties.
Solicitation or acceptance of gifts.
26. No officer shall, directly or indirectly, solicit or accept gifts or presents from any member of the public concerned, directly or indirectly, with any matter connected with the duties of the officer or in which the Commonwealth is interested:
Provided that this regulation shall not prevent the acceptance by an officer, with the permission in writing of the Permanent Head, of a public testimonial presented on retirement from the Parliamentary Service or upon removal from the locality in which he has been employed, or a presentation from fellow-officers or from a Public Service organization.
Acceptance of fees, &c.
An officer shall not demand, or, except with the approval of the Parliamentary Head, 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 office hours, in connexion with the Parliamentary Service.
Performance of outside work.
Where application is made for permission to engage in the performance of work outside the Parliamentary Service, such application shall be submitted to the Permanent Head, who shall forward it, with his report, for the consideration of the Parliamentary Head.
Borrowing between officers.
Any monetary transaction between officers, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or money is borrowed by senior officers from their subordinates, is forbidden.
Suspension to be reported to Parliamentary Head.
Upon suspension of an officer in pursuance of section 62 of the Act, the Permanent Head shall forthwith report the case to the Parliamentary Head and forward a statement of the circumstances of suspension.
Sequestration of estate.
(1) If the estate of an officer is sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, he shall, in addition to compliance with the provisions of section 63 of the Act, within seven days of the date of sequestration, give to the Permanent Head written notice thereof, with a statement of the causes of his embarrassment.
(2) The Permanent Head shall forward the notice and statement, with any remarks he desires to make thereon, to the Parliamentary Head.
(3) Upon being granted a certificate of discharge by a Court of Bankruptcy or Insolvency, an officer shall submit such certificate to the Permanent Head.
Accounts and public moneys.
In the matter of accounts and the collection and payment of public moneys, officers shall conform strictly to the provisions of the Audit Act 1901–1926 and the Regulations thereunder.
Contracts.
No officer, unless duly authorized, shall incur any liability or enter into any contract on behalf of the Commonwealth or alter the terms or conditions of any approved contract.
Officers called as witnesses.
(1) An officer subpœnaed or called as a witness shall promptly notify the Permanent Head.
(2) An officer, required as a witness on behalf of the Commonwealth, shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence, and in cases where the officer is required to travel he may be allowed his ordinary travelling allowance.
(3) An officer subpœnaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling allowance) shall be charged by or paid to him on account of his being so subpœnaed or called. Any amount received by the officer, otherwise than from the Commonwealth, in respect of travelling expenses shall be paid into the Consolidated Revenue.
(4) An officer subpœnaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the officer.
Division II.—Leave of Absence and Holidays.
Recreation leave to be taken in year in which it accrues.
The Permanent Head shall, wherever practicable, cause such arrangements to be made as will ensure that each officer shall be granted leave of absence annually for recreation, and, if leave is not taken in the year in which it is granted, it shall lapse.
Short leave and leave for examinations.
(1) The Permanent Head may, upon sufficient cause being shown, grant any officer leave of absence not exceeding three days in any twelve months without deduction from recreation leave.
(2) In addition to leave granted under sub-regulation (1) of this regulation, the Permanent Head may grant any officer leave of absence not exceeding three days in any twelve months subject to deduction of the period of leave from the officer’s next recreation leave.
(3) In addition to leave granted under sub-regulations (1) and (2) of this regulation, the Permanent Head may grant leave to any officer to attend any examination which is required to be passed as a condition of advancement or any examination of a University in subjects a knowledge of which would, in the opinion of the Permanent Head, increase an officer’s usefulness in the Parliamentary Service:
Provided that leave so granted in excess of seven days in any period of twelve months shall, at the option of the officer, be granted without pay or deducted from the officer’s next recreation leave.
Arbitration leave with pay.
Leave of absence with full pay may be granted by the Permanent Head to officers summoned to attend as witnesses in proceedings under the Arbitration (Public Service) Act 1920–1929, but only for such period as is necessary to enable evidence to be tendered.
Arbitration leave without pay.
Leave of absence without pay may be granted by the Permanent Head to officers who are representatives of organizations for the purpose of preparing evidence for submission to the Arbitrator in any proceedings under the Arbitration (Public Service) Act 1920–1929:
Provided that such leave shall not be granted to more than two representatives of an organization at any one time and that the period of leave so granted shall not exceed three months in any twelve months.
Medical certificates in cases of sick leave.
*39. (1) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner, except in the case of single-day absences, not exceeding three in any twelve months, when, unless otherwise directed by the Permanent Head, the production of a medical certificate shall not be necessary.
(2) Subject to the last preceding sub-regulation, where sick leave is granted without the production of a medical certificate or other evidence approved by the Parliamentary Head, such leave shall be without pay.
Officers re-appointed: credit of sick leave.
Where a person was retired from the Parliamentary Service on the ground of invalidity, and is re-appointed as the result of action taken under section 50 of the Superannuation Act 1922–1930, he shall be credited upon re-appointment with the sick leave at his credit immediately prior to his retirement.
* General conditions as to sick and accident leave covered by determination of Public Service Arbitrator.
Medical examination after thirteen weeks’ sick leave.
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 or a medical practitioner approved by the Permanent Head.
Certificate as to fitness to resume.
If any officer is absent from duty on account of illness, and such absence has extended beyond thirteen weeks continuously, he shall not be permitted to return to duty unless and until a Commonwealth Medical Officer, or other medical practitioner approved by the Permanent Head, has certified that he is fit to resume work:
Provided that where an officer resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Permanent Head may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a Commonwealth Medical Officer or other medical practitioner approved by the Permanent Head, and if the examination discloses that the officer is unfit to resume duty, the Permanent Head shall grant such further leave of absence on account of illness as the medical report indicates as necessary.
Health of officer rendering him a danger to others.
(1) If the Permanent Head has reason to believe that an officer is in such a state of health as to render him a danger to his fellow officers or the public, he may require the officer to obtain and furnish a report as to his condition from a duly qualified medical practitioner, or may require him to submit himself for examination by a Commonwealth Medical Officer or medical practitioner named by the Permanent Head.
(2) Upon receipt of the medical report the Permanent Head may direct the officer to absent himself from his duties for a specified period, or, if already on leave of absence, direct him to continue on leave for a specified period, and the officer’s absence shall be regarded as absence on leave owing to illness.
Leave—infectious disease contacts.
44. (1) Upon report by a duly qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of such disease, an officer is unable to attend for duty, the Permanent Head may grant the officer leave of absence. Such leave of absence may be regarded as leave of absence owing to illness or, at the option of the officer, the whole or any portion of the leave may be deducted from recreation leave due.
(2) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.
Illness cause through misconduct.
(1) No leave shall be granted with pay on account of illness caused by the misconduct of the officer, or in any case of absence from duty without sufficient cause.
(2) Where the Permanent Head or any officer approved by the Permanent Head has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a medical practitioner to visit and examine the officer, or may direct such officer to attend on a medical practitioner for examination.
(3) If the report of the medical practitioner is not favorable to the officer concerned, or if the officer is not available for examination at
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the time of the medical practitioner’s visit without, in the opinion of the Permanent Head, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer and be deducted from his salary.
(4) The fee for examination if conducted at the medical practitioner’s rooms shall be 10s. 6d., but if the medical practitioner is required to visit the officer the fee shall be £1 1s.:
Provided that where the distance travelled would, in the opinion of the Permanent Head, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Permanent Head and the medical practitioner.
(5) An officer shall submit himself to medical examination, when required to do so, by the medical practitioner selected by the Permanent Head, or any officer approved by the Permanent Head.
Emergency leave.
Leave granted by the Permanent Head pursuant to section 70 of the Act in cases of pressing necessity, other than as provided elsewhere in these Regulations, shall be without pay and shall not exceed three months in any period of twelve months.
Division III.—Miscellaneous.
“Salary” for purposes of furlough.
For the purposes of sections 73 and 74 of the Act, “salary” shall include the following emoluments—
(a) Child endowment allowance; (b) fixed annual allowances granted to officers for the performance of duties additional to those of their classified offices; and (c) allowance payable under regulation 67 in such cases and to such extent as is determined by the Parliamentary Head.
Allowances based on salary.
Where the rate of payment of any allowance, or of any payment extraneous to salary, is based upon the rate of an officer’s salary, in the case of an officer who is entitled to increments at prescribed periods, the rate of salary shall be taken to be the rate to which the officer is entitled during the period in respect of which the allowance is payable, and, in the case of an officer who is not so entitled, the rate of salary shall be taken to be the rate at which the officer is actually being paid during the period in respect of which the allowance is payable, notwithstanding that he is subsequently granted an increase of salary to take effect from a date earlier than such period.
Exempt officers or employees.
49. Whenever considered necessary by the Parliamentary Head he may, by notification to the Permanent Head of the Department concerned, determine the rates of payment and conditions of employment of any officer or class of officers, or employee or class of employees, to whom or to which on the recommendation of the Parliamentary Head the Governor-General declares that the provisions of the Act shall not apply:
Provided that where the determination of an Arbitration Court or other wages tribunal or an industrial agreement is applicable to any such officers or employees, the rates of pay and conditions of employment (except as to holidays) shall, unless otherwise determined by the Parliamentary Head, be those set forth in that determination or agreement.
Authorities to administer oaths.
A Permanent Head or any officer thereto authorized in writing by him may administer any oath or affirmation required by the Act to be made and subscribed by any officer or by any other person.
Arbitration determinations applying to non-members of organizations.
(1) Any officer or employee who is a returned soldier, or any other officer or employee who has not completed two months’ service in a position in which he is eligible for membership of the relative organization, shall be deemed to be subject to the provisions of any determination made under the Arbitration (Public Service) Act 1920–1929 applicable to officers or employees similarly designated. If within the period stated any officer or employee who is not a returned soldier has not become a member of the relative organization his salary shall be adjusted as from the date of commencement of service in the position to the rate that would have been payable but for this regulation.
(2) This regulation shall not apply to any officer or employee, other than a returned soldier, who has served for two months in a position covered by an Arbitration determination or award and has not become a member of the relative organization.
Salary under determination not payable to non-members of organizations.
52. Subject to the provisions of sub-section (7.) of section 27 of the Act and of regulation 51 of these Regulations, unless an officer is a member of an organization within the meaning of the Arbitration (Public Service) Act 1920–1929, or is a returned soldier, he shall not be paid salary in excess of the amount for which he is eligible under these Regulations.
Part III.—Allowances.
Meal allowance.
Where an officer is required to remain on duty after 6.30 p.m. on week days other than Saturdays or after 1 p.m. on Saturdays, and because of such attendance obtains a meal at the Parliamentary Refreshment Rooms, he shall be granted a meal allowance of two shillings if a Third Division officer, and of one shilling and sixpence if a Fourth Division officer:
Provided that this regulation shall not apply to officers receiving a salary exceeding £610 per annum.
Rates of travelling allowances.
(1) Subject to these Regulations, the following shall be the scale of travelling allowances for all officers and temporary employees:—
(a) As may be approved from time to time by the Parliamentary Head.
(2) The minimum travelling allowance payable to officers acting as members of an Appeal Board or a Board of Inquiry shall be at the rate of 15s. per day.
(3) Where allowance has been paid to an officer under this regulation for eight weeks’ residence in one locality, the Permanent Head shall submit the case to the Parliamentary Head for review. No such allowance shall be continued beyond three months without the concurrence of the Parliamentary Head, and if, upon review, the Parliamentary Head considers the amount excessive it shall be discontinued or reduced to such amount as the Parliamentary Head thinks fit.
(4) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer is not required to be absent from his head-quarters over night.
Allowances payable when officers travel by steamer or railway.
When officers travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those officers would be entitled shall be allowed.
Allowances to be in addition to cost of conveyance.
All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowances may be claimed shall be computed from time of departure to time of arrival of the train, steamer, or other conveyance by which officers travel.
Officers and employees on duty away from head-quarters: allowance on sick leave.
(1) When an officer absent from his head-quarters on duty is forced by illness not due to his own fault to take sick leave and he is unable to return to his own home or, in the opinion of the Permanent Head, it is inexpedient for him to do so, he may be paid an allowance to the extent of the proved costs to him of such illness, but not exceeding the sum to which he would have been entitled under the regulations governing travelling allowance had he been on duty for the period involved.
(2) The operation of this regulation shall be subject to the conditions contained in sub-regulation (3) of regulation 54.
Increased or decreased travelling allowance.
Upon proof to the satisfaction of the Parliamentary Head that the travelling allowance payable to an officer under these Regulations is, as a rule, either insufficient to cover, or in excess of, expenses reasonably incurred, the Parliamentary Head may vary the allowance.
Railway travelling.
(1) Officers shall travel by railway if the cost be not greater than by other means of conveyance.
(2) Whenever an officer does not travel by railway he shall, upon furnishing receipts for the payment, be repaid the actual cost of the necessary and most economical means of conveyance. Receipts will not be required for any amounts not exceeding 5s.
Fares.
Second class fare shall be allowed officers the maximum salary of whose positions does not exceed £336 per annum, and in other cases first class fare shall be allowed:
Provided that in special circumstances the Parliamentary Head may allow first class fare to any officer:
Provided further that first class fares shall be allowed—
(a) to officers travelling by steamer on the Queensland or Western Australian coast;
(b) to officers travelling by railway
(i) north of 22 degrees south latitude; or
(ii) in tropical climates on journeys exceeding ten hours in duration, or on journeys of any duration if accompanied by wife and family; and
(c) to female officers.
Child Endowment.
(1) In addition to the salary paid under these Regulations or under any determination made under the Arbitration (Public Service) Act 1920–1929, there shall be payable to each officer who is in receipt of salary less than £500 per annum, and who is married or a widower or widow, and is the father or step-father or mother or step-mother of any child under the age of fourteen years and dependent upon and maintained by the officer—an allowance of £13 per annum in respect of each such child so dependent and maintained. A similar allowance may, on the approval of the Parliamentary Head, be granted to any officer in respect of any orphan or adopted child under the age of fourteen years who is dependent upon and maintained by that officer:
Provided that the total sum per annum paid to any officer under this sub-regulation shall not exceed the amount by which the salary per annum of the officer falls short of £500.
(2) It shall be the duty of each officer who is in receipt of allowance under the provisions of sub-regulation (1) of this regulation to notify the Permanent Head immediately in the event of his becoming ineligible under the prescribed conditions for the payment of allowance or any portion thereof.
(3.) In this regulation “salary” includes such allowances in the nature of salary as are determined by the Parliamentary Head.
Higher duties allowances.
(1) Every officer shall be liable to be called upon to take up duty temporarily in another position.
(2) Where an officer is called upon to perform temporarily the duties of a position lower than that in which he is classified, he shall not suffer any reduction in pay or loss of status.
(3) Where an officer temporarily performs the whole of the duties of a position higher than that in which he is classified, he may be paid an allowance to raise his salary to the minimum salary of the higher position for all time temporarily served in the higher position in excess of forty-eight working days in each period of twelve months:
Provided that a second period of forty-eight working days shall not be required to be served without payment of allowance so long as the acting service is continuous.
(4) An officer paid an allowance under sub-regulation (3) of this regulation may after the completion of twelve months’ continuous service in the higher position be granted increments as though he had been permanently promoted to that position.
(5) In the event of an officer while acting temporarily in a higher position being permanently promoted, he shall not suffer any reduction of salary or increments, and shall be eligible to receive increments in the same manner as he would have received them had his acting appointment been permanent.
(6) Where the scales of salaries of the office held by the acting officer and of the office temporarily occupied overlap, the acting officer
shall, subject to the provisions of sub-regulation (3) of this regulation, be paid such remuneration as he would have received had he been permanently promoted to the higher position.
(7) Where an officer acts in a position the pay and/or conditions of service in which are different from those governing the position normally held by him, he shall be subject to all the terms and conditions governing officers regularly employed in similar positions to that in which he is acting, as if he were a permanent officer in that position.
(8) Notwithstanding anything contained in the foregoing provisions, when an officer is called upon to occupy temporarily a higher position the minimum salary of which is not less than £624 per annum (including allowances in the nature of salary), the amount of higher duties allowance payable, if any, shall be such as is determined by the Parliamentary Head.
(9) Where an officer temporarily occupies a higher position but does not perform the whole of the duties usually performed by the permanent occupant of that position, he may be paid such allowance as is determined by the Parliamentary Head.
(10) Allowances granted under this regulation shall be regarded as salary for the purpose of calculation of payments for extra duty services and travelling allowances.
(11) In all calculations of time under this regulation, no account shall be taken of periods of acting service of less than six consecutive working days.
Allowance to married minors.
Subject to the approval of the Parliamentary Head, a male officer under the age of twenty-one years who is married may be paid an allowance equal to the difference between his salary and the minimum salary payable under these Regulations to a male adult officer of the Fourth Division. An allowance paid under this regulation shall be reduced by the amount of any increase in salary granted to the officer and shall cease when he attains the age of twenty-one years.
Car or cycle allowances, &c.
(1) Officers who use their own motor trucks, motor cars or cycles for official purposes or when travelling on public business, or any officer whose motor truck, motor car or cycle is used for such purposes, may be allowed, in respect of such use, payment at the following rates:—
<table cellspacing="0" cellpadding="0" style="width:91.22%; margin-left:36pt; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Per mile up to 5,000 miles in any 12 months.</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Per mile after 5,000 miles in any 12 months.</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">s</span><span style="font-family:'Times New Roman', serif">.</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; text-indent:-1.95pt; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic"></span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">s</span><span style="font-family:'Times New Roman', serif">.</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif; font-style:italic">d.</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor truck</span><span style="width:129.65pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">7</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">5</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car over 12 horse-power</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">6</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">4</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:21.6pt; margin-bottom:0pt; text-indent:-21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car over 8 horse-power and not exceeding 12 horse-power</span><span style="width:1.8pt; text-indent:0pt; display:inline-block"></span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">5</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">3</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor car 8 horse-power or under</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; text-indent:-2.9pt; line-height:normal"><span style="font-family:'Times New Roman', serif">4½</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">2½</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor cycle with side car</span><span style="width:70.09pt; font-family:'Lucida Console', monospace; display:inline-block">..........</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; text-indent:-2.9pt; line-height:normal"><span style="font-family:'Times New Roman', serif">3½</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">1½</span></p></td></tr><tr style="height:1.05pt"><td style="width:47.74%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Motor cycle</span><span style="width:129.05pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:4.66%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">..</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-right:5.65pt; margin-bottom:0pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:11.9%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="margin-left:5.65pt; margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td></tr></tbody></table>
In respect of the use of a bicycle the allowance shall be at the rate of 3d. per mile, subject to reduction to 1½d. per mile after the first 20 miles on any journey exceeding that distance.
(2) The Parliamentary Head may increase the rates prescribed by this regulation in any case in which he is satisfied that they are inadequate.
(3) An officer shall not be entitled to an allowance under this regulation unless it is shown that the use of a motor truck, motor car, motor cycle or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.
Conveyance to locality of appointment.
No allowance shall, except upon the approval of the Parliamentary Head, be made to any person, whether previously temporarily employed or otherwise, upon appointment to the Parliamentary Service, for cost of conveyance to the locality of appointment, unless the cost for railway or other fares, including, if the person is married, those of wife and children, exceeds £3, when the Permanent Head may allow the appointee the amount in excess. The Parliamentary Head may increase the allowance where, in his opinion, the circumstances warrant it.
Officers appointed to stations away from home.
66. Where an officer is appointed or transferred to a position the duties of which necessitate his residing away from home, the Parliamentary Head may grant to the officer such allowance, not being less than is sufficient to raise his total remuneration to £106 per annum, as the Parliamentary Head determines.
Allowances to officers stationed at Canberra.
(1) Subject to the approval of the Parliamentary Head, any person who, by reason of the removal of a Parliamentary department, was compulsorily transferred to Canberra, or was appointed to a position in a Parliamentary department before the twentieth day of October, 1927, may, if residing in Canberra, be paid, until otherwise determined by the Parliamentary Head, a special allowance at the rate of Thirty-nine pounds per annum if married, or Twenty-six pounds per annum if unmarried:
Provided that this regulation shall not apply to any officer transferred from Canberra at any time in circumstances which, in the opinion of the Parliamentary Head, do not justify payment of an allowance under this sub-regulation on re-transfer to Canberra.
(2) For the purposes of the last preceding sub-regulation, an officer shall be deemed to be married if he is a widower with dependent children or maintains dependants whose circumstances, in the opinion of the Parliamentary Head, justify his being treated as a married officer.
(3) Unless otherwise determined by the Parliamentary Head, an officer appointed, transferred, or promoted to an office in Canberra, whether before or after the commencement of this regulation, who resides at one of the Commonwealth hotels or boarding-houses, may be paid an allowance, excluding fractions of a pound, equal to twenty-five per centum of the amount charged the officer for his board and lodging, but not exceeding Thirty-nine pounds per annum:
Provided, however, that such allowance shall not be paid in addition to an allowance payable under sub-regulation (1) of this regulation, or under regulation 66 of these Regulations, but shall, if greater, be paid in lieu of that allowance.
(4) Unless otherwise determined by the Parliamentary Head, an officer appointed, transferred or promoted to an office in Canberra—
(a) who was on the fourteenth day of May, 1931, in receipt of an allowance under sub-regulation (1) of the Commonwealth Public Service (Parliamentary Officers) Regulation (Statutory Rules 1928, No. 104) shall—
(i) receive an allowance at a rate specified in sub-regulation (1) of this regulation; and
(ii) if the officer has purchased or built a house in Canberra prior to the fourteenth day of May, 1931, receive an additional allowance equal to the difference between the amount to which he is entitled under the last preceding paragraph and the amount which he was receiving, immediately prior to that date; or
(b) who purchased or built a house in Canberra prior to the fourteenth day of May, 1931, and who immediately prior to that date was in receipt of an allowance under sub-regulation (2) of the Commonwealth Public Service (Parliamentary Officers) Regulation (Statutory Rules 1928, No. 104), shall continue to receive such allowance.
(5) An officer who is in receipt of an allowance under the provisions of this regulation shall notify the Permanent Head immediately in the event of any change occurring in his domestic conditions which affects his eligibility for payment of the allowance, or in his place of residence, or of any alteration in the amount paid by him for board and lodging.
Part IV.—Salaries.
Salaries of officers of the Second Division.
(1) An officer of the Second Division occupying an office specified in the following table shall be paid salary in accordance with the scale specified in the table opposite the office occupied by him:—
(2) Subject to the provisions of section 31 of the Act, an officer occupying an office specified in the preceding table may be paid increments within the limits of salary fixed in respect of his office, as follows:—
(a) In the case of an officer receiving salary less than £900, of an amount of £24; and
(b) In the case of an officer receiving salary of £900 or over, of an amount of £50.
Salaries of officers of the Third Division.
69. (1) The limits of salary payable to an officer in any office in the Third Division shall be such amounts specified in Tables A, B, C, D and E of this regulation as are fixed by the Governor-General on the recommendation of the Parliamentary Head in respect to that office.
(2) Subject to the provisions of section 31 of the Act, increments may be paid to an officer within the limits of salary fixed in respect to his office of such amounts as are specified in Tables A, B, C, D and E of this regulation:
Provided that in any case where the payment of an increment of an amount specified in Tables A, B, C, D and E of this regulation would raise the salary of an officer beyond the maximum of the limits of salary fixed in respect to his office, he may be granted an increment of such amount as will raise his salary to that maximum.
* Under 17 years, £96; at 17 years, £108; at 18 years, £120; at 19 years, £144; at 20 years, £168; at 21 years, £222; and thereafter increments of £12 annually to £366; then two further increments of £18 to £402.
† Under 17 years, £96; at 17 years, £108; at 18 years, £120; at 19 years, £144; at 20 years, £168; at 21 years, £172; and thereafter increments of £12 annually.
‡Under 17 years, £96; at 17 years, £108; at 18 years, £120; at 19 years, £144; at 20 years, £168; at 21 years, £222; and thereafter increments of £12 annually.
(3) Where a female officer is employed in any office not specified as an office to be filled by a female, the limits of salary payable to such female officer shall be fifty pounds less than those fixed in respect to that office:
Provided that this sub-regulation shall not operate to reduce the salary already paid to any officer.
(4) Notwithstanding anything contained in this regulation, an officer in the Parliamentary Library occupying an office of Cataloguer shall not be advanced in salary beyond £306 per annum in the case of a male officer, or £256 per annum in the case of a female officer, except—
(i) upon evidence to the satisfaction of the Parliamentary Head of efficiency in the performance of the duties of a trained cataloguer;
(ii) upon evidence to the satisfaction of the Parliamentary Head that he or she is engaged upon a course of study in subjects approved by the Parliamentary Head forming portion of a course at a recognized University, and is making satisfactory progress therein; or
(iii) he or she is a graduate of a recognized University.
On compliance with conditions (i) and (ii) the officer shall advance by such increments as are prescribed to a maximum of £330 per annum in the case of a male, or £280 per annum in the case of a female. On compliance with condition (iii) the officer shall advance by such increments as are prescribed to a maximum of £402 per annum in the case of a male, or £352 per annum in the case of a female.
Salaries of officers of the Fourth Division.
70. (1) Officers of the Fourth Division employed in any of the offices specified in the following tables, or in any office in respect of which action has been taken by the Governor-General or the Parliamentary Head under sub-regulation (2) of this regulation, and any officer subsequently appointed, promoted, or transferred to those offices, shall be paid salaries in accordance with the scales shown in those tables opposite their respective offices or fixed by the Governor-General under sub-regulation (2) of this regulation:
Provided that in any case where the payment of an increment of an amount specified in this sub-regulation would raise the salary of an officer beyond the maximum of the limits of salary fixed in respect to his office, he may be granted an increment of such amount as will raise his salary to that maximum.
(2) The Governor-General may from time to time, on the recommendation of the Parliamentary Head, fix the limits of salary for an office (not designated in any of the following tables) which has been created in the Fourth Division, and may raise or lower the salary of any office in that division, and the Parliamentary Head may alter the designation of any office in that Division.
Variations of salary on account of variations in cost of living.
Salaries payable in pursuance of this Part shall be subject to variation in accordance with regulation 72 of these Regulations.
Part V.—Variation of Salary—Officers of Second, Third, and Fourth Divisions.
Variations of salary on account of variations in cost of living.
(1) Where the Commonwealth Statistician notifies in the Gazette the index number ascertained in respect of food, groceries, and housing (rent of all houses) combined, for the six capital cities of the Commonwealth for the twelve months preceding the 1st day of April in any year, commencing with the twelve months preceding the 1st day of April, 1932, and the index number so notified is less than 1,672 or more
than 1,744, salary payable in pursuance of the provisions of Part IV. of these Regulations shall be varied in the following manner:—
(i) In the case of officers under 21 years of age—
by increase or decrease of £3 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(ii) In the case of adult female officers—
by increase or decrease of £4 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(iii) In the case of adult male officers—
by increase or decrease of £6 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(2) Any variation made in pursuance of the last preceding sub-regulation shall take effect on the 1st day of July next following the notification in the Gazette of the index number, and shall continue in force for a period of twelve months.
Part VI.—Promotions and Transfers.
Notification of vacancies.
(1) Vacancies occurring in any office which in the opinion of the Parliamentary Head should be filled may, as deemed expedient by the Permanent Head, be notified by him in the Gazette.
(2) Where a vacancy is open to applicants not in the Commonwealth Service, the terms of the notification shall be subject to approval by the Parliamentary Head.
Salaries of officers on promotion.
(1) Subject to the next succeeding sub-regulation, and unless otherwise determined by the Parliamentary Head, the salary to be paid an officer upon transfer or upon promotion to a higher position shall not exceed the minimum salary of the higher position.
(2) Where an officer is transferred or promoted and is in receipt of salary above the minimum salary fixed for the office to which he is transferred or promoted, his removal may, unless otherwise determined by the Parliamentary Head, be effected without reduction in salary:
Provided that, unless otherwise directed by the Parliamentary Head, he shall not be paid salary in excess of the maximum salary of the position to which he is transferred or promoted.
(3) The Parliamentary Head may determine that any officer transferred or promoted with salary at or exceeding the minimum salary of the office to which he is transferred or promoted shall not be eligible for advancement in salary until a date to be fixed by the Parliamentary Head:
Provided that the date shall not be later than the date upon which he would have been eligible for advancement in salary if he had been transferred at the minimum salary of the position.
(4) Where an officer is transferred or promoted from one position to another with differing rates of incremental advancement, the Parliamentary Head may determine the salary to be paid upon transfer or promotion and the date, for purposes of granting of increments, from which that salary shall be deemed to have been paid.
Conditions of transfer from Fourth to Third Division.
The following shall be the conditions under which officers of the Fourth Division may be transferred to vacant offices in the Third Division, and no officer shall be eligible for transfer except in pursuance of this regulation:—
(a) Subject to the provisions of paragraph (b) of this sub-regulation, an officer of the Fourth Division shall be eligible for transfer to an office in the Third Division requiring qualifications of a clerical, technical or professional nature if he has passed an examination held in pursuance of regulation 154 (Qualifying examinations for officers of Fourth Division), 155 (Examinations as to special skill and technical knowledge) or 156 (University examinations—arrangements for accepting for admission to Third Division) of the Commonwealth Public Service Regulations (Statutory Rules 1926, No. 212, as amended from time to time); or being a returned soldier, has passed an examination prescribed by regulation 159 (Examinations accepted in case of returned soldiers) of such regulations; or he holds the Leaving, or Senior Public, Examination Certificate of an Australian University, provided that eligibility pursuant to this qualification shall only apply in respect to such offices and under such conditions as the Parliamentary Head may from time to time determine.
(b) An officer shall not be transferred to an office requiring technical or professional knowledge or skill until he has satisfied the Parliamentary Head that he possesses the knowledge or skill necessary for the efficient performance of the duties of that office.
(c) Where the duties of an office in the Third Division require special skill or technical knowledge and no examination is prescribed for that office, and the Permanent Head reports that no suitable officer is available for transfer or promotion from within the Third Division, the Parliamentary Head may invite applications from officers in the Fourth Division, and following, such applications and the submission of such evidence as he requires the Parliamentary Head may advise the Permanent Head that an officer of the Fourth Division is qualified to perform the duties of the vacant office, and thereupon the officer shall be deemed to be qualified for transfer to the Third Division in the vacant office.
Salaries of Fourth Division Officers previously temporarily employed.
76. (1) The following conditions shall apply to any person temporarily employed at the date of his permanent appointment to a Fourth Division position which has status similar to that of his temporary position:—
(a) If he is in receipt of pay above the minimum rate prescribed for a permanent officer of like position, he shall be appointed without diminution of pay, and shall, if not in receipt of the maximum salary of his position, be eligible for incremental advancement, subject to the
usual conditions governing the granting of increments, twelve months from the date of receipt of pay drawn as a temporary employee at the time of his permanent appointment; and
(b) If he is in receipt of the minimum salary of the position, he shall be eligible for incremental advancement, subject to the usual conditions governing the granting of increments on the following basis:—
(i) If he has had less than twelve months’ temporary service—increment to be granted twelve months from the date of his permanent appointment; and
(ii) If he has had twelve months’ temporary service but less than two years’ temporary service— increment to be granted from the date of completion of two years’ combined temporary and permanent service.
(2) Where a temporary employee is permanently appointed to a position in the Fourth Division and at the time of his permanent appointment or at any time during his temporary service he was employed in a position higher than that to which he is permanently appointed, his salary on appointment and incremental advancement shall be determined as if the whole of his continuous temporary service had been in the position to which he is appointed.
(3) No increase shall be granted under this regulation which would place an officer in a more favorable position than if the whole of his service had been on the permanent staff.
Increments of salary.
(1) The Parliamentary Head may determine the conditions under which increments may be granted to officers whose attendance for duty during the year has been for a lesser period than eleven months.
(2) Where the Permanent Head determines in pursuance of sub-section (3) of section 31 of the Act that an officer is not entitled to receive an increment from the due date, a copy of the order depriving the officer of the increment, with a statement of reasons for such action, shall be furnished to the officer affected, who may, within seven days of receipt of such order, appeal to the Parliamentary Head through the Permanent Head against the action taken.
(3) Where an increment has been deferred, the Parliamentary Head may determine that, for purposes of future advancement, the increment shall be deemed to have been granted from the date on which, but for such deferment, it would have become due:
Provided that where an increment has been deferred owing to misconduct or inefficiency, the provisions of this sub-regulation shall not apply unless the officer’s conduct, diligence, and efficiency during the ensuing twelve months be reported as satisfactory.
Temporary transfer.
The Permanent Head may temporarily transfer an officer from one position to another.
Cost of conveyance on transfer.
When officers are transferred in the public interest the actual cost of conveyance of such officers, together with their wives and
children, and of removal of furniture and household effects, subject to the provisions of the next succeeding regulation, shall be paid by the Department.
Removal of furniture.
80. (1) Payment of the cost of removing furniture and household effects shall be subject to the following limitations:—
Officer’s salary.
Maximum amount allowed.
£
Under £300..........................
35
£300 to £600..........................
40
Over £600...........................
50
Provided that, where it is shown to the satisfaction of the Permanent Head that removal cannot be effected for the amount prescribed above as the maximum, the Permanent Head may authorize the payment of such amount as will, in his opinion, cover the reasonable cost of removal.
(2) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.
(3) Before removal is undertaken, the Permanent Head shall, wherever practicable, obtain quotations from at least two carriers and may authorize acceptance of the more suitable.
(4) Where an officer elects to dispose of his furniture and effects instead of removing them to his next station, the Permanent Head may authorize payment to the officer of an amount equal to the loss shown, to the satisfaction of the Permanent Head, to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.
(5) An officer shall not be entitled to any compensation from the Commonwealth for losses or damages arising from removal.
(6) Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.
(7) No payment shall be admitted for the purposes of this regulation unless vouchers are produced.
Part VII.—Temporary Employment.
Temporary employment register.
(1) There shall be kept in each Department of the Parliamentary Service a book or other approved means of record to be called the “Temporary Employment Register”.
(2) No person shall be temporarily employed unless his name is recorded in a Register: Provided that where no suitable person is available from the Register the Parliamentary Head may authorize the employment of any person suitable for the work to be performed.
Order of selection of applicants.
Selection for temporary employment shall be made, as far as possible, in the order of registration of applicants for the work in which the employment is required, subject to preference amongst applicants in the following order:—
(a) Returned soldier who is married;
(b) Returned soldier who is unmarried;
(c) Relatives of deceased persons who, if alive, would be eligible for definition as returned soldiers; as follows and in such order:—
Widow,
Unmarried daughter,
Widowed mother,
Unmarried sister;
(d) Persons who are qualified by examination for permanent appointment; and
(e) Any other applicants.
Extension of employment to cease where necessity disappears.
83. In any case where an extension of temporary employment for any period has been sanctioned by the Parliamentary Head, such sanction shall not be regarded as warranting the continuation of employment should the necessity for the temporary assistance disappear before the expiration of the period for which extension has been sanctioned.
Reports to be made where necessity ceases.
No person shall be retained in temporary employment after the necessity for temporary assistance has ceased, and all officers in charge of branches employing temporary assistance shall advise the Permanent Head, in such manner, and at such time as will enable the services of the temporary employee to be dispensed with, immediately upon his retention being no longer necessary.
Recreation leave for temporary employees.
Temporary employees shall be granted leave of absence for recreation for such periods as may be fixed from time to time by the Parliamentary Head.
Sick leave to temporary employees.
(1) Temporary employees who are returned soldiers may be granted leave of absence on account of illness, subject to the following conditions:—
(a) the employee shall apply in writing, stating the cause of absence;
(b) where the employee has not completed twenty-six days’ actual duty the Permanent Head, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;
(c) where the employee has completed twenty-six days’ actual duty, the Permanent Head may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—
(i) with pay, at the rate of one day for each twenty-six days of service in respect to which no sick leave with pay has been previously granted, subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in the preceding twelve months; and
(ii) without pay, at the rate of two days for each twenty-six days of service except during the first twelve months of service, when leave not exceeding twenty-four days may be granted;
(d) the leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and twenty-four days without pay:
Provided that where satisfactory medical evidence is produced that the illness originated from active service, the Parliamentary Head may determine the conditions under which leave shall be granted.
(2) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Permanent Head is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—
(a) application for leave shall be made in writing stating the cause of absence and, if the leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions in the preceding twelve months;
(b) during the first twelve months of continuous service the leave granted shall not exceed twenty-four days and shall be without pay; and
(c) after completion of twelve months’ continuous employment the leave granted shall be at the rate of one day with pay and two days without pay for every twenty-six days’ service, but not more than six days with pay and twenty-four days without pay shall be granted in any twelve months.
(3) Notwithstanding anything contained in this regulation, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Permanent Head as being so meritorious in the public interests as to warrant special consideration, the Parliamentary Head may determine from time to time the period of leave of absence on account of such injury which may be granted to that employee and the conditions under which the leave may be granted.
Part VIII.—Miscellaneous.
Salaries &c. to be subject to Financial Emergency Acts.
All salaries, allowances or amounts fixed or payable by or under these Regulations shall be subject to reductions effected by or under the Financial Emergency Acts 1931 as if those salaries, allowances or amounts had been so fixed or made payable prior to the commencement of the Financial Emergency Act 1931.
Evidence as to age and health prior to appointment.
Every person shall, prior to appointment to the Parliamentary Service, forward to the Permanent Head—
(a) a properly certified extract from an official register of births, or other evidence of age satisfactory to the Permanent Head; and
(b) subject to sub-section (8.) of section 84 of the Act, a certificate from a medical practitioner registered within the Commonwealth of sound bodily health and freedom from physical defects, containing satisfactory answers to such detailed questions as the Permanent Head specifies:
Provided that, when so directed, the medical certificate must be obtained from a medical practitioner nominated by the Permanent Head.
Divisional representatives.
89. (1) For the purposes of the elections of divisional representatives of the Third and Fourth Divisions under section 55 of the Act, officers of the Parliamentary Service shall, in relation to those elections, have all the rights, duties, obligations and liabilities of officers of the Commonwealth Service.
(2) Part IX. of the Commonwealth Public Service Regulations (Statutory Rules 1926, No. 212, as amended from time to time) shall continue to apply to the Parliamentary Service as if the words “Chief Officer” (wherever occurring) were omitted and the words “Permanent Head” substituted therefor.
By Authority: H. J. Green, Government Printer, Canberra.
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