PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903-1915, should come into immediate operation, and, further, should be taken to have come into operation on and from the 1st July, 1915, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this eleventh day of August, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ALBERT GARDINER.
REGULATIONS FOR THE CONDUCT AND MANAGEMENT OF GOVERNMENT FACTORIES.
Definitions.
In these Regulations, unless the contrary intention appears—
“The Act” means the Defence Act 1903-1915;
“Minister” means the Minister of State for Defence;
“Secretary” means the Secretary to the Department of Defence;
“Manager” means the Manager of a factory;
“Officer” means a person who is employed, in pursuance of sub-sections 1 and 2 of section 63 of the Act, in a civil capacity in connexion with the Department of Defence, and who is appointed by the Governor-General;
“Foreman” means a person (other than an officer) who is employed, in pursuance of sub-sections 1 and 2 of section 63 of the Act, in a civil capacity in connexion with the Department of Defence, and who is appointed by the Minister;
“Employee” means a person (other than an officer or foreman) who is employed, in pursuance of sub-sections 1 and 2 of section 63 of the Act, in a civil capacity in connexion with the Department of Defence, and who is engaged by the Manager;
“Factory” means any factory established under section 63 of the Act.
Responsibility of Secretary.
The Secretary shall be responsible for the general administration of the Government factories established under section 63 of the Act, and for all the business thereof, and shall advise the Minister on all matters relating thereto.
Responsibility of Manager.
3. Each Manager shall be responsible for the efficient, safe, and economical working of the factory under his charge.
4. Each Manager is authorized—
(a) To incur such monthly expenditure as may be approved by the Minister, for supplies and services for the conduct and maintenance of the factory;
(b) To approve of expenditure, not exceeding £100 in any one case, for additions or repairs to the factory premises or plant;
Section 1 - Conduct and Management of Government Factories Regulations (Provisional) - Conduct and Management of Government Factories Regulations (Provisional) | Zoe
(c) To engage, discharge, or retire employees;
(d) Subject to any statutory law, and within the limits approved by the Minister, to fix weekly, daily, hourly, or piece-work rates of wages of employees; and
(e) Subject to these Regulations, to make rules for the conduct of the factory under his charge.
5. Before the Manager authorizes any expenditure of money, he shall first satisfy himself that funds are available.
Any proposal for expenditure of an amount for additions or repairs to factory premises or plant exceeding £100 shall be submitted to the Secretary for approval, accompanied by a certificate that funds are available.
The Manager shall, in July of each year, submit a report on the working of the factory, together with a statement of accounts, including treasury account, manufacturing account, and balance-sheet, together with list of articles produced and their cost, and, whenever requested by the Secretary, shall supply such returns or other information as may be required.
Duties of Accountant.
The Accountant shall be responsible under the Manager—
(a) For the accounts of the factory and for the receipts and disbursement of public moneys in accordance with the Treasury Regulations;
(b) For the direction and supervision of the clerical staff, and that the members of such staff duly fulfil the duties assigned to them, and that discipline is maintained in the office;
(c) That no arrears occur in the work of the office, and that the accounts are posted up daily, so that they may at all times be ready for examination.
Returns to be Furnished.
The following returns are to be prepared and forwarded:—
10. The hours of attendance to be observed by the Clerical Staff shall be from 9 o’clock a.m. to 4.30 p.m., with three-quarters of an hour off for luncheon, except on Saturdays, when the hours of attendance shall be from 9 o’clock a.m. to noon. Where the nature of the work will not, in the public interest, admit of the general observance of this Regulation, the Manager shall recommend, and the Secretary will prescribe, the hours of duty.
Officers (except Clerical Staff), Foremen, and Employees.
11. Subject to any statutory law, forty-eight hours shall be reckoned as a week’s work, and the hours of attendance of officers, foremen, and employees will be determined by the Manager from time to time.
Recording Time.
Officers, foremen, and employees shall record their time of entering or leaving the factory in such manner as may be determined by the Manager. Any person failing to record his time on entering or leaving, and any person discovered recording the time of any other person, shall be deemed to have committed a breach of these Regulations, and will be dealt with by the Manager accordingly.
Irregularity of Attendance—Employees.
Any employee arriving at his work after the time fixed under Regulation 11 will have his time stopped for such period as may be determined by the Manager.
Absence from Work.
No officer, foreman, or employee shall be absent from his work during factory hours without authorized leave, except by express permission of the Manager or head of the branch, or unless reasonable cause be shown. If an officer, foreman, or employee be prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of the branch to the Manager, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the Manager may consider necessary.
Deduction for Absence without Leave.
Where an officer, foreman, or employee is absent without leave there shall be deducted from his salary or wages his pay for each day or part of a day of such absence.
Conviction of Offence.
If an officer, foreman, or employee is on an indictment or presentment convicted of any offence, he shall be deemed to have forfeited his employment, and shall thereupon cease to perform his duties or receive his salary or wages; provided that where the Minister is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the officer, foreman, or employee, he may direct his reinstatement.
Insobriety.
If an officer, foreman, or employee in charge or sub-charge observes at any time that any person under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor, he shall temporarily suspend such person from duty, and immediately report the matter to the Manager.
Officers of Sixty Years of Age.
When any officer attains the age of 60 years the Manager shall advise the Secretary whether such officer is willing and fit to continue to perform the duties of his position or whether he should be retired from the service.
Obligations of Officers, Foremen or Senior Employees.
Officers, foremen, or employees in charge of any sub-department, branch, or minor division of the factory, shall be accountable for the maintenance of good order, and afford the utmost aid and support to the Manager.
Breach of Regulations to be Reported.
All officers, foremen, or employees in charge of any sub-department, branch, or minor division of the factory shall report to the Manager any breaches of these Regulations which shall come to their knowledge.
Applications—How to be Made.
The application of any officer, foreman, or employee upon any matter affecting his position shall be made by the applicant himself through the head of his branch to the Manager. Where in exceptional cases an officer, foreman, or employee desires to communicate with the Secretary, the communication must be so addressed, and shall be forwarded through the Manager to the Secretary, with any remarks considered necessary by the Manager.
Performance of Duties.
Every officer shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
Subordination of Officers, Foremen, and Employees.
Every officer, foreman, and employee shall obey promptly all instructions given to him by the officer, foreman, or employee under whose immediate control or supervision he is placed. If any officer, foreman, or employee has ground of complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Manager; but he shall, nevertheless, as far as possible, carry out any instructions which may be given to him until the same are countermanded by competent authority.
Information not to be Given.
Except in the course of official duty, no information concerning public business or any matter of which an officer, foreman, or employee has knowledge officially shall be given, directly or indirectly, by an officer, foreman, or employee without the express direction or permission of the Minister or Secretary.
Outside Influence.
Officers, foremen, and employees are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any officer, foreman, or employee who considers that his claims for promotion or consideration have been overlooked may communicate with the Secretary in the manner prescribed by Regulation 21.
Public Property.
All officers, foremen, and employees shall be held responsible for the careful use and preservation, of all Government property in their possession, custody or care, and any person carelessly or willfully defacing or damaging buildings, walls, machines, tools, material, or any other property of the Government, will have cost of replacing or repairing same deducted from his salary or wages.
Borrowing or Lending Money.
Any monetary transaction between officers, foremen, or employees, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or borrowing money by officers, foremen, or senior employees from their subordinates, is forbidden.
Duty after Usual Hours.
Officers, foremen, or employees will be required to perform public duty beyond the usual hours, whenever it is necessary to bring up arrears of work, or to meet any temporary pressure of business.
Overtime—Officers and Foremen.
Only work which, from its character or from special circumstances, cannot be performed during the prescribed hours, shall be regarded as overtime work, for which extra payment may be made. The
right to such extra payment shall be determined by the Secretary. The Manager shall supply the Secretary with such information as will satisfy him that such payment is fairly due. Where it is possible to do so, equivalent time off should be granted in lieu of overtime payment. Overtime shall be recorded and paid subject to the provisions of this Regulation and to the following conditions:—
(a) In the case of officers and foremen whose hours of attendance are defined by Regulation or otherwise, and who work ordinarily for eight hours a day or less, overtime shall be time worked in excess of eight hours a day.
(b) In the case of officers and foremen whose hours of attendance are defined by Regulation or otherwise, and whose regular term of daily duty exceeds eight hours a day, overtime shall be time worked on any day in excess of the regular hours of duty, provided also that in any case, except where otherwise prescribed, time worked in excess of forty-eight hours per week shall be regarded as overtime.
(c) In cases where officers and foremen are required to work on a Saturday, or some other day in lieu thereof, for portion of a day only, time worked in excess of the usual hours of duty on such day shall be regarded as overtime, provided that in any case where the usual hours of duty on such day are less than four hours, overtime payment shall only be made for time worked in excess of four hours. This provision shall only apply to cases where overtime is computed on a daily basis.
(d) When overtime is computed on a weekly basis, and a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer or foreman on such half-holiday, holiday, or holidays is not required, a deduction at the rate of one-twelfth for a half-holiday, and one-sixth for each holiday, shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.
(1) Overtime shall be paid for at the rate of time and a quarter based on a day of eight hours, provided that not less than One shilling per hour shall be paid. For the purpose of ascertaining the hourly payment for overtime, the yearly salary shall be divided by 313, and the result multiplied by 5/52. A fraction of a penny in the hourly rate shall not be regarded in computing overtime payment unless it exceeds a half-penny, when one penny shall be allowed in lieu of the fraction. Overtime shall be calculated to the nearest quarter of an hour in the total amount of time claimed.
(2) An allowance paid to an officer or foreman for the performance of the duties of a position of a higher class or grade than that in which the officer or foreman is classified shall be regarded as salary for the purpose of computing overtime payment.
(3) An officer or foreman in receipt of salary of £400 per annum or over shall not be entitled to overtime payment.
Overtime—Employees.
Subject to any statutory law, and exclusive of watchmen, overtime pay at the rate of time and a half will be allowed for all time worked outside the prescribed hours of attendance. No employee shall work overtime without orders.
Meal Allowance—Officers and Foremen.
(1) Where an officer or foreman, whose ordinary hours of duty are between 7.30 a.m. and 5.30 p.m., is required to attend for duty before 6.30 a.m., or to remain on duty after 6.30 p.m., or in any case where an officer or foreman is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, he shall be granted a meal allowance on the following scale:—
Officers and foremen receiving £500 a year and over, 2s. 6d.; over £200 a year and under £500 a year, 2s.; £200 a year and under, 1s. 6d.
(2) A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay the meal allowance may be granted instead of overtime pay.
Sunday Pay—Officers and Foremen.
(1) Where an officer or foreman whose ordinary duties require him to work on week days is required to work on Sunday, the Secretary may authorize the payment to the officer or foreman for the Sunday work of additional pay in accordance with this Regulation.
(2) In cases where the officer or foreman is on duty on seven or more consecutive days, in consequence of having to work on the Sunday, he shall be allowed one and a half day’s pay for a day of eight hours, and a proportionate amount for less than eight hours. Time worked in excess of eight hours shall be paid for at the same rate.
(3) In cases where the officer or foreman is on duty on not more than six consecutive days, in consequence of having to work on the Sunday, he shall be allowed half a day’s additional pay for a full day and a proportionate part for less than a full day.
Sunday Pay—Employees.
Subject to any statutory law and exclusive of engine-drivers, firemen, and watchmen, double time shall be paid to all employees working on Sundays. Double time shall be paid to engine-drivers and firemen if required to work on Sundays when such work does not form portion of their regular duties or shift.
Sunday Work.
No officer, foreman, or employee shall be liable to dismissal or punishment or other disability for refusing on conscientious grounds to work on Sunday if he has previously notified the Manager that he has conscientious scruples against so working; but he shall not refuse when called upon by his immediate superior to perform Sunday work in cases of necessity. If it should subsequently be found that an officer, foreman, or employee has improperly made use of this Regulation to avoid the performance of his duties, his conduct shall be regarded as a breach of Regulations.
Guaranteed Officers.
The Secretary shall determine what offices held by officers shall be guaranteed, and every officer holding a position under these Regulations which is a guaranteed office, shall contribute to the Guarantee Fund established by and in accordance with Treasury Regulations.
Liability on behalf of the Government not to be Incurred.
No person, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.
Performance of Work outside Government Service.
(1) No officer, foreman, or employee, except with the express permission of the Minister, after report by the Manager, shall—
(a) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation; or
(b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or
(c) engage in or undertake any such business, whether as principal or agent; or
(d) engage or continue in the private practice of any profession; or
(e) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or
(f) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him, either in or out of office hours, in connexion with the Government Service.
Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of accoutrements, ammunition, cloth, clothing, explosives, guns, gun carriages, harness and saddlery, or small arms.
(2) All applications for permission to engage in the performance of work outside the Government Service shall be made to the Manager, who shall forward same, with his report, to the Secretary.
Public Holidays.
(1) Subject to any statutory law, the following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays on full pay, namely:—
First day of January;
Christmas Day and the following day;
Good Friday and the following Saturday and Monday;
the Anniversary of the Birthday of the Sovereign;
Eight Hours Day;
any day proclaimed by the Governor-General or required by any Act to be observed in lieu of any of the said days; and
(2) Whenever any of the days specified in sub-regulation (l) of this Regulation falls upon a Sunday, the next following Monday shall be observed as a holiday in lieu of such Sunday.
(3) Where by or under the law of a State any day or part of a day is appointed to be or is proclaimed as a public holiday or bank holiday or half-holiday through such State or in any part of such State, such day or half-day shall be observed as a holiday or half-holiday on full pay (as the case may be) throughout such State or in such part of such State (as the case may be).
(4) In addition to the days hereinbefore named, any specified day or specified part of a day appointed by the Governor-General may be observed as a holiday or half-holiday in the Commonwealth, or in any part thereof.
(5) The total number of days granted as holidays under this Regulation shall not exceed twelve in each year, provided that a special holiday proclaimed by the Governor-General may, on the approval of the Minister, be observed.
(6) Officers, foremen, or employees absent without leave on the day before or after holiday shall not receive pay for such holiday.
The Minister or the Secretary may require a factory or any part thereof to be kept open in the public interest for the whole or any portion of a holiday, and may require the attendance and services of any officer, foreman, or employee of such factory during any such holiday.
Double Rates for Working on Holidays.
Double time shall be paid for all employees, including engine, drivers, firemen, and watchmen, engaged in working on holidays granted under these Regulations, provided that employees required to work during the annual two weeks’ recreation leave shall receive equivalent time off in lieu thereof.
Leave of Absence for Recreation.
In each year, at such time as may be approved by the Minister, the factory may be closed down for two weeks, and, subject to Regulation 40, all officers, foremen, and employees may be granted leave of absence on full pay during that period.
(1) In each year the Manager may grant leave of absence on full pay to officers, foremen, and employees who shall have been continuously employed in the factory for twelve months prior to application, as follows:—
Officers and foremen, eighteen days;
Employees, ninety-six hours;
exclusive of Sundays and holidays, but inclusive of the working days granted as leave under Regulation 42.
(2) An employee about to be discharged through no fault of his own shall be entitled to receive payment for recreation leave due under this Regulation, provided that fourteen months shall have elapsed since his engagement or since his last annual recreation leave was taken.
(3) Officers, foremen, and employees absent without leave the day before or after recreation leave shall not receive pay for such recreation leave.
Furlough.
(1) When an officer, foreman, or employee has continued in the Government Service at least twenty years, the Governor-General may grant to him, on the recommendation of the Secretary, leave of absence
for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer not having been granted such leave of absence retires from the Government Service after at least twenty years’ continuous service, the Governor-General, on the recommendation of the Secretary, may grant such officer six mouths’ pay upon retirement, or upon the death of any officer who has continued in the Government Service for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Secretary, may pay to the dependants of such deceased officer a sum equivalent to six months’ salary of such officer: Provided that where an officer has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event of retirement or death of an officer, whether payment may be made under the conditions prescribed herein and as to the terms of such payment.
(2) Where any person has become transferred from any position of a permanent nature in the Service of the Commonwealth, or of a State, to a position under the Defence Act, his service shall, for the purpose of furlough, be reckoned as service under these Regulations.
(1) The Governor-General may, upon the recommendation of the Secretary, grant to any officer, foreman, or employee of satisfactory and continuous service who is not eligible for the furlough prescribed in Regulation 44, prior to his retirement on or subsequent to his attaining the age of sixty years, leave of absence with full pay as follows:—
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td colspan="7" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Service of 16 years and under 20 years—5 months.</span></p></td></tr><tr style="height:1pt"><td style="width:33.06%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:10.88%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-right:25.2pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">12</span></p></td><td style="width:4.88%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:8.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:3.6pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">16</span></p></td><td style="width:4.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:4.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:3.6pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">4</span></p></td><td style="width:32.36%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td></tr><tr style="height:1pt"><td style="width:33.06%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:10.88%; padding-right:2pt; padding-left:2pt; vertical-align:bottom"><p style="margin-right:25.2pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">8</span></p></td><td style="width:4.88%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:8.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:3.6pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">12</span></p></td><td style="width:4.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:4.94%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:3.6pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:32.36%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt"><span style="font-family:'Times New Roman', serif">„</span></p></td></tr></tbody></table>
(2) Or in lieu of such leave the Governor-General may, on the recommendation of the Secretary, grant to the officer, foreman, or employee a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer, foreman, or employee, who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependants of such deceased officer, foreman, or employee of a sum equivalent to the pay of such officer, foreman, or employee for the period of leave which he could have been granted under this Regulation.
Universal Military Training.
Unless specially exempted by the Minister, all officers, foremen, or employees subject to Universal Military Training must comply with the Military Regulations, otherwise they forfeit their employment. Employees who are obliged under Military Regulations to absent themselves from work will be granted leave, and the difference between the Military pay received for working days and the pay which they would have received had they remained at work will be made up by the factory. Employees absent on holidays granted under these Regulations will be permitted to retain both military and factory pay if attending military camp during such holidays.
Extended Leave without Pay.
With the approval of the Governor-General, on the recommendation of the Secretary, leave of absence, without pay, may be granted to any officer or foreman for any period not exceeding twelve months, but the period of such leave shall not for any purpose be included as part of the period of service of such officer or foreman.
Leave of Absence to Officers and Foremen on ground of Illness or Injury.
(l) Applications for leave of absence on the ground of illness or injury shall be supported by the certificate of a duly qualified medical practitioner approved by the Secretary.
(2) The Manager, in cases of illness or injury, may, on production of satisfactory evidence, provisionally grant leave in accordance with the following Schedule; but a statement of all leave granted under this Regulation shall be submitted monthly for the approval of the Secretary, who may in any case disallow the leave be granted:—
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td rowspan="2" style="width:19.24%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Length of Service.</span></p></td><td colspan="4" style="border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Period for which Leave may be Granted, on—</span></p></td><td rowspan="2" style="width:43.4%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p style="widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:8.98%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Full Pay.</span></p></td><td style="width:9.84%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Half Pay.</span></p></td><td style="width:8.72%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Third Pay</span><span style="font-family:'Times New Roman', serif; font-style:italic">.</span></p></td><td style="width:9.84%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Without Pay.</span></p></td></tr><tr style="height:21.6pt"><td style="width:19.24%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:8.98%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:9.84%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:8.72%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:9.84%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:43.4%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:21.6pt"><td style="width:19.24%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:bottom"><p style="widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Under five years</span></p></td><td style="width:8.98%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:8.72%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><div style="width:100%; height:21.6pt; display:inline-block; overflow:visible"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="height:0pt; margin-top:-12pt; text-align:left; display:block; position:relative; z-index:0"><img src="image.001.png" width="11" height="125" alt="" style="margin-top:2.83pt; margin-left:31.88pt; position:absolute"></span><span style="font-family:'Times New Roman', serif">8</span></p></div></td><td rowspan="3" style="width:43.4%; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p style="margin-left:12.1pt; text-indent:-12.1pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">In exceptional cases, special circumstances may be taken into consideration </span><span style="font-family:'Times New Roman', serif; font-style:italic">e.g.</span><span style="font-family:'Times New Roman', serif">, where an officer or foreman in discharge of his duty sustains injuries of such a nature as to incapacitate him for all duty this scale may be varied; provided in no case shall full pay be allowed for a period exceeding nine months.</span></p></td></tr><tr style="height:21.6pt"><td style="width:19.24%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-left:9pt; text-indent:-9pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Over five years and under ten</span></p></td><td style="width:8.98%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">4</span></p></td><td style="width:8.72%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td></tr><tr style="height:1pt"><td style="width:19.24%; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-top:12pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Over ten years</span></p></td><td style="width:8.98%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td><td style="width:8.72%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:9.84%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td></tr></tbody></table>
(1) Sick leave for illness other than injury allowed under Regulation 48 may be granted in one or more periods, but the aggregate amount of leave provided for in the Schedules is intended to cover a period of three years, dating from the first absence on sick leave.
(2) The second or any subsequent triennial period will commence on the date of first absence on sick leave following the date upon which the previous triennial period expired, and for the three years thus commencing the full amount of leave provided in the Schedules according to length of service may again be allowed.
(3) If an officer or foreman is absent from duty on account of illness, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until a medical practitioner approved by the Secretary has certified that he is fit to resume work.
When extended leave is granted other than on full pay, the rate paid for Sundays and holidays shall be the same as that allowed for the period of leave.
No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by the misconduct of the officer or foreman, to satisfy himself on which point the Manager may send a medical practitioner, approved by the Secretary, to attend on and examine such officer or foreman at his residence.
Leave of absence in case of illness or injury shall not be reckoned as nor included in leave of absence for recreation.
Leave of Absence to Employees on ground of Illness due to an Injury in the Discharge of Duty.
(1) Applications for leave of absence on the ground of illness due to an injury sustained in the discharge of duty shall be supported by the certificate of a duly qualified medical practitioner approved, by the Secretary.
(2) The Manager, in cases of injury, may, on production of satisfactory evidence, provisionally grant leave in accordance with the following Schedule; but a statement of all leave granted under this Regulation shall be submitted monthly for the approval of the Secretary, who may in any case disallow the leave so granted:—
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td rowspan="2" style="width:19.22%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Length of Service.</span></p></td><td colspan="3" style="border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Period for which Leave may be Granted, on—</span></p></td><td rowspan="2" style="width:52.78%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p style="widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:8.94%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Full Pay.</span></p></td><td style="width:9.8%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Half Pay.</span></p></td><td style="width:9.26%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Third Pay</span><span style="font-family:'Times New Roman', serif; font-style:italic">.</span></p></td></tr><tr style="height:21.6pt"><td style="width:19.22%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:8.94%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:9.8%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:9.26%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Months.</span></p></td><td style="width:52.78%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:21.6pt"><td style="width:19.22%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:bottom"><p style="widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Under five years</span></p></td><td style="width:8.94%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:9.8%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:9.26%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><div style="width:100%; height:21.6pt; display:inline-block; overflow:visible"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="height:0pt; margin-top:-12pt; text-align:left; display:block; position:relative; z-index:1"><img src="image.002.png" width="11" height="99" alt="" style="margin-top:0.52pt; margin-left:30.83pt; position:absolute"></span><span style="font-family:'Times New Roman', serif">6</span></p></div></td><td rowspan="3" style="width:52.78%; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p style="margin-left:12.1pt; text-indent:-12.1pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">In exceptional cases, special circumstances may be taken into consideration </span><span style="font-family:'Times New Roman', serif; font-style:italic">e.g.</span><span style="font-family:'Times New Roman', serif">, where an employee in discharge of his duty sustains injuries of such a nature as to incapacitate him for all duty this scale may be varied; provided in no case shall full pay be allowed for a period exceeding nine months.</span></p></td></tr><tr style="height:21.6pt"><td style="width:19.22%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-left:9pt; text-indent:-9pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Over five years and under ten</span></p></td><td style="width:8.94%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:9.8%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">4</span></p></td><td style="width:9.26%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:bottom"><p style="margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td></tr><tr style="height:1pt"><td style="width:19.22%; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-top:12pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Over ten years</span></p></td><td style="width:8.94%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:9.8%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">6</span></p></td><td style="width:9.26%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-top:12pt; margin-right:14.4pt; text-align:right; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">3</span></p></td></tr></tbody></table>
If an employee is absent from duty on account of injury, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until a medical practitioner approved by the Secretary has certified that he is fit to resume work.
When extended leave is granted other than on full pay, the rate paid for Sundays and holidays shall be the same as that allowed for the period of leave.
No leave on account of injury shall be granted with pay if the injury has been caused by the misconduct of the employee, to satisfy himself on which point the Manager may send a medical practitioner approved by the Secretary to attend on and examine such employee at his residence.
Leave of absence in case of injury shall not be reckoned as nor included in leave of absence for recreation.
Officers, Foremen, or Employees Injured in the Performance of their Employment.
Injuries.
In every instance in which an officer, foreman, or employee, is injured in the performance of his employment to such an extent as to require prompt medical attention, the nearest medical practitioner shall at once be sent for to attend to the immediate necessities of the case, and, in addition, in the case of a serious injury, the sufferer shall, provided he can be moved with safety, be conveyed with the least possible delay to the nearest public hospital, or, if he so elect, to his home.
Medical Expenses.
Medical expenses may, on the approval of the Manager, be allowed to any officer, foreman, or employee injured while in the performance of his employment, provided that an approved medical practitioner certifies that such attendance was necessary, and that the charges are reasonable. Medical expenses for treatment at home shall not exceed the cost of treatment at a public hospital.
Treatment at Public Hospitals.
Officers, foremen, or employees injured in the performance of their employment may be treated at the expense of the Department in approved public hospitals.
Compensation on Retirement on Account of Injury.
(1) Compensation may be recommended by a Manager in the case of any officer, foreman, or employee who is retired or discharged on account of injuries received while in the performance of his employment, provided the injury was not due to the officer, foreman, or employee’s default.
(2) The maximum amount or compensation shall be a sum equivalent to three years’ pay at the rate the officer, foreman, or employee received at the date of his retirement or discharge. The maximum amount shall only be awarded in case of total disability to earn a livelihood. In case of partial disability, the compensation shall be less than the maximum amount, and shall be fixed so that the amount awarded shall be proportionate to the degree of disability of the officer, foreman, or employee.
Compensation for Death on Account of Injury.
Compensation may be recommended by a Manager to the widow and family of any officer, foreman, or employee who is killed while in the performance of his employment if the death were not due to the officer, foreman, or employee’s default. The amount of compensation awarded shall not exceed three years’ pay at the rate the officer, foreman, or employee received at the date of his death. No claim for compensation shall be considered unless it be made within twelve months after the date of the death of the officer, foreman, or employee.
Maximum Amount of Compensation.
The maximum amount of compensation awarded under these Regulations shall not exceed £2,000 in any one case.
Commonwealth Workmen’s Compensation Act 1912.
The provisions of the Commonwealth Workmen’s Compensation Act 1912 may be taken advantage of by officers, foremen, and employees in lieu of these Regulations, but any payments under the Regulations will be deducted from any allowances under the Act.
Classification of Officers.
Officers shall be classified in the Professional Division and the Clerical Division.
Professional Division.
The Professional Division shall include all officers appointed by the Governor-General to the Professional Division.
(1) The Professional Division shall be divided into six classes. Officers in Class A shall be paid such salaries as are approved by the Minister from time to time and are appropriated by Parliament.
(2) Officers other than those in Class A shall be classified as under:—
(3) The Governor-General may, upon the recommendation of the Secretary, determine the classification of the officers to be included in the Professional Division, and such officers may be paid salaries in accordance with such classification from the date of the commencement of these Regulations.
(4) Officers granted advance of salary in consequence of this classification shall not be eligible for further increase of salary until twelve months after the receipt of such advance.
Except in the cases of persons appointed under Regulation 85, and of persons who have qualified by examination for appointment to Class E or a higher class, all new appointments to the Professional Division shall be made to the First Subdivision of Class F, and the rate of salary at which a person is first appointed to such subdivision shall be £72 per annum. Every such officer shall be advanced after twelve months’ service in a subdivision to the next higher subdivision, provided that such advancement has been approved by the Secretary upon report from the Manager as to the conduct, diligence, and general efficiency of the officer; and provided further that every such officer shall be entitled, upon attaining the age of twenty-one years, to a salary of One hundred and ten pounds per annum.
An officer of the Professional Division who has been paid salary at the rate of One hundred and ten pounds per annum by reason of having reached the age of twenty-one years shall not be entitled to further increase of salary until such time as he would have become eligible for such increase in the ordinary course of progression through the subdivisions of his class, but upon the approval of the Secretary he may be granted an allowance at the rate of Sixteen pounds per annum, and such allowance may be increased at the end of each succeeding twelve months at the rate of Twelve pounds per annum. Officers of the Professional Division of twenty-two years of age or over in receipt of salary of not less than £126 per annum, and not more than £150 per annum, may be paid on the approval of the Secretary on allowance not exceeding £12 per annum, and such allowance may be increased at the end of each succeeding twelve months by an amount not exceeding £12 per annum, provided that the total amount payable to an officer by way of salary, with allowance under this Regulation, shall not exceed One hundred and fifty-six pounds per annum.
No officer shall be advanced within a class in Classes E to B of the Professional Division except by promotion from one subdivision to the next higher subdivision thereof. No such officer shall until he has been at least twelve months in a subdivision of a class in the Professional Division be promoted to a higher subdivision thereof.
No promotion of any officer from class to class or within the limits of a class in Classes E to B in the Professional Division shall be granted, unless the Secretary is satisfied that the officer is entitled by the amount and importance of his-work, and by his efficiency, seniority, and good conduct, to receive it, provided that upon a report from the Manager, and the recommendation of the Secretary, any officer may be promoted from a class to the next higher class, although he has not served one year in each subdivision of the class from which he is promoted.
Clerical Division.
The Clerical Division shall include all officers appointed by the Governor-General to the Clerical Division.
(2) The Governor-General may, upon the recommendation of the Secretary, determine the classification of the officers to be included in the Clerical Division.
Except in the cases of persons appointed under Regulation 85, all new appointments to the Clerical Division shall be made to the First Subdivision of the Fifth Class, and the rate of salary at which a person is first appointed to such subdivision shall be Sixty pounds per annum. Every such officer shall be advanced after twelve months’ service in a subdivision to the next higher subdivision, until his salary reaches One hundred and eighty pounds per annum, provided that such advancement has been approved by the Secretary upon report from the Manager as to the conduct, diligence, and general efficiency of the officer; and provided further that every such officer shall be entitled, upon attaining the age of twenty-one years, to a salary of One hundred and ten pounds per annum.
An officer who has been paid salary at the rate of One hundred and ten pounds per annum by reason of having reached the age of twenty-one years shall not be entitled to further increase of salary until such time as he would have become eligible for such increase in the ordinary course of progression through the subdivisions of his class, but upon the approval of the Secretary he may be granted an allowance at the rate of Sixteen pounds per annum, and such allowance may be
increased at the end of each succeeding twelve months at the rate of Twelve pounds per annum. Officers of twenty-two years of age or over in receipt of salary of not less than £126 per annum, and not more than £150 per annum, may be paid on the approval of the Secretary an allowance not exceeding £12 per annum, and such allowance may be increased at the end of each succeeding twelve months by an amount not exceeding £12 per annum, provided that the total amount payable to an officer by way of salary with allowance under this Regulation shall not exceed One hundred and fifty-six pounds per annum.
Where an officer has served at least one year in the Ninth Subdivision of the Fifth Class he may be advanced by yearly increments of Ten pounds to salary of Two hundred pounds per annum, provided that in the opinion of the Secretary such increases are justified by the efficiency of the officer and the value of the work performed.
No officer shall be advanced within a class in the Fourth and higher classes of the Clerical Division except by promotion from one subdivision to the next higher subdivision, and until he has been at least twelve months in the subdivision from which it is proposed to promote him, but any such advancement may be authorized subject to regulations, whether there is or is not a vacancy in the subdivision to which the promotion is made.
No officer shall be promoted from one class to another unless he has served at least one year in each subdivision of the lower class, and then only to fill a vacancy or a new office in the higher class, provided that upon a report from the Manager and the recommendation of the Secretary an officer may be promoted from any class to the next higher class, although he has not served one year in each subdivision of the class, from which he is promoted.
No advancement within a class, or promotion from class to class, shall be allowed unless the Secretary is satisfied that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct, to receive it.
Increases and Increments—Officers.
(1) All increases and increments shall be discretionary and subject to the approval of the Secretary and the necessary appropriation by Parliament.
(2) Increments shall be payable from the first day of the month following the date they accrue, provided that any increase of salary accruing through an officer reaching twenty-one years of age shall be paid from the officer’s twenty-first birthday.
(3) Where an officer receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.
(4) All recommendations for increments shall be forwarded by the Manager to the Secretary.
Allowance for Performing Duties of Higher Positions.
(1) Where any officer has performed the duties of a position of a higher class or grade than that in which he is classified for six months continuously or for six months in the preceding twelve months, he may be granted, on the approval of the Secretary during the period for which he continues to perform the duties of such higher position, payment in addition to salary at a rate equal to the difference between his salary and the minimum salary of the class or grade of the higher position.
Quarters.
Officers or employees in occupation of Government quarters shall have deducted from their salaries or wages by way of rent such amount as may be fixed by the Minister.
Examination for Appointment as Officers.
(1) Notification of vacancies and of intention to hold an examination will be given by notice in the Gazette and by advertisement in each of the States.
(2) Candidates for appointment as officers must, on the day of the examination, be not less than sixteen nor more than twenty-one years of age at their last birthday.
(3) The subjects and rules of examination, marks, &c., will be as prescribed by the Minister, and, should there be more candidates than vacancies, the examination will be competitive.
Appointments on Probation.
Every officer shall in the first instance be appointed on probation for a period of six months, but his services may be dispensed with by the Governor-General at any time during such period. Before the expiration of the period of probation the Manager shall report to the Secretary on the manner in which the probationer has performed his duties and upon his general conduct. Upon receipt of such report, the Secretary will recommend to the Governor-General that the appointment be confirmed or annulled, or that the period of probation be extended. Failure to annul or confirm a probationary appointment shall confer no right whatever upon the probationary appointee.
Appointments Without Examination.
If at any time it appears expedient or desirable in the interests of the Department to appoint as an officer some person who is not an officer in the service of the Department under these Regulations, the Governor-General may, on the recommendation of the Secretary, appoint such person accordingly without either examination or probation, and without regard to age.
Appointment of Foreman.
Foremen shall be persons appointed by the Minister to the grade of foreman, and they shall be entitled to receive such salary as may be fixed by the Minister.
Termination of Appointment—Foremen.
If the Minister is satisfied, after due inquiry, that a foreman is inefficient, or incompetent, or is guilty of breach of the Regulations; or that a reduction of staff is necessary, he may terminate his appointment forthwith, and such foreman shall thereupon cease to be employed by the Commonwealth.
Engagement of Employees.
All employees shall be temporarily engaged by the day, and their engagements shall be terminable without notice on either side, provided that any employee engaged under agreement shall be subject to the terms of such agreement. Employment as a temporary hand shall not establish any claim to permanent employment on any ground whatever.
Conveyance of Officers, Foremen, and Employees Transferred.
(Where Cost Borne by Officers, Foremen, and Employees.)
Officers, foremen, or employees who are transferred from one locality to another solely at their own request, or by exchange (except as provided for in the next Regulation), must bear the whole cost of their removal. When transferred on account of misconduct, the cost must be borne by officers, foremen, or employees in fault, unless otherwise determined by the Secretary prior to removal.
(Where Cost Borne by Department.)
When officers, foremen, or employees are transferred—
(a) In the public interest;
(b) To meet the convenience of the Department, or in the ordinary course of promotion;
(c) On account of illness, due to causes over which the officer, foreman, or employee has no control, provided a medical certificate be furnished to the effect that a change is needed to restore health—
the actual cost of conveyance of such officers, foremen, and employees, as well as that of their wives and children, will be paid by the Department.
The maximum amounts for removal of furniture shall be as under:—
(a) Officers, foremen, and employees whose salaries or wages are under £200 per annum, £25.
(b) Officers, foremen, and employees with salaries or wages of £200 and under £400 per annum, £35.
(c) Officers with salaries or wages of £400 and under £600 per annum, £40.
(d) Officers whose salaries are £600 per annum and over, £50.
In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.
Where exceptional circumstances can be shown to exist, a reasonable amount in excess of the minimum under these Regulations may be authorized by the Secretary.
(1) Before removal is undertaken, the Manager shall, where practicable, obtain offers from at least two carriers, and submit same to the Secretary, who may authorize the acceptance of the more suitable.
(2) The Secretary may, in lieu of cost of removal, authorize payment of an amount less than the maximum prescribed for removal expenses to compensate for loss in any case where an officer, foreman, or employee elects to dispose of his furniture and effects instead of removing them to his new station.
(3) An officer, foreman, or employee shall not be entitled to any compensation form the Government for losses or damages arising from removal.
(4) Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.
(5) Vouchers must be produced for all sums paid.
Travelling Allowances.
The following shall be the scale of travelling allowances:—
In the case of officers, foremen, or employees transferred temporarily from their head-quarters to take up duty at another station for a period of two weeks or over, the Secretary may direct that a reduced allowance be paid after the first week of residence, provided that no allowance shall be reduced below the rates in the following scale:—
When officers, foremen, or employees travel by steamer or other vessel in which the fare paid includes subsistence, one-quarter of the ordinary rates to which they would otherwise be entitled shall be allowed.
Officers, foremen, or employees travelling beyond the limits of the State in which they are ordinarily employed shall receive an increase of one-fifth on the scale rates. Provided that this Regulation shall not apply to officers, foremen, or employees employed at stations on or near the border of any State, when temporarily transferred to stations on or near the opposite border.
For journeys occupying less than one-fourth of a day, actual expenses only shall be allowed. All travelling allowances shall be in addition to the cost of conveyance. The period for which travelling allowances may be claimed shall be computed from the time of departure of the train, steamer, or other conveyance by which officers, foremen, or employees travel.
Where it is proved to the satisfaction of the Secretary by any officer, foreman, or employee that the travelling expenses he would be entitled to draw under these Regulations do not as a rule cover his actual expenses, the Secretary may authorize a payment in addition to that set forth in the foregoing Schedule of Allowances. Provided that the Manager may authorize payments under this Regulation in cases where the amount involved does not exceed the sum of Two pounds.
Mode of Travelling.
Officers, foremen, and employees shall travel by railway if the cost be not greater than by other means of conveyance.
Whenever an officer, foreman, or employee does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance upon furnishing receipts for such payment. Receipts will not be required for any amounts not exceeding Five shillings.
First-class railway fares shall be allowed to all officers, foremen, and employees receiving salary of £185 and upwards per annum, and second-class fares to officers, foremen, and employees receiving under £185 per annum. Provided that in special cases the Secretary may allow first-class fare to any officer or foreman.
Officers, Foremen, or Employees to Obey Summons.
(1) Every officer, foreman, or employee who is summoned by the Secretary or the Chairman of a Board of Inquiry to give evidence upon any subject of inspection, inquiry, or investigation, shall attend to give evidence at the time and place specified in the summons.
(2) Every officer, foreman, or employee appearing before the Secretary or a Board of Inquiry (whether summoned or attending voluntarily) shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.
(3) No officer, foreman, or employee shall be compelled to answer any question tending to incriminate him.
Incapacity of Officers.
If an officer appears to the Minister, after a report from the Secretary, to be unfit to discharge, or incapable of discharging, the duties of his office efficiently, the Minister may refer the question to a Board of Inquiry to be constituted as specified in Regulation 108; and if such Board finds that such officer is unfit to discharge, or incapable of discharging, the duties of his office, the Governor-General may, on the recommendation of the Minister, deal with such officer either by calling upon such officer to retire from the Commonwealth Service, or by transferring him to some other position; and every such officer, if called upon to retire, shall retire accordingly.
Offences: Boards of Inquiry.
If any officer is charged with—
(a) a breach of the provisions of these Regulations; or
(b) wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or
(c) being negligent or careless in discharge of his duties; or
(d) being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or
(e) using intoxicating beverages to excess; or
(f) any disgraceful or improper conduct,
the charge shall be made in writing. The officer charged shall be immediately furnished with a copy of the charge, and shall be required
to forthwith state in writing whether he admits or denies the truth of such charge, and shall be allowed to give any written explanation with regard to the alleged offence.
In the case of minor offences against discipline—
(a) The Secretary or Manager may reprimand or caution any officer.
(b) The officers hereinafter prescribed as having power to temporarily suspend officers may reprimand or caution any officer in respect of whom the power to temporarily suspend applies; such caution or reprimand shall be immediately reported to the Secretary, together with reasons therefor and particulars of same.
(1) For any offence whatever, an officer charged with the commission of such offence, may be temporarily suspended by the Secretary or Manager.
(2) In emergent cases an officer charged with any offence whatever may be temporarily suspended from duty by the Head of the Branch or Office in which such offending officer is employed or with which he is connected, provided, however, that such liability to temporary suspension shall not extend to officers in charge of sub-branches or offices under the control of the officer so prescribed as having power to temporarily suspend. Any such temporary suspension, together with the reasons therefor, shall be immediately reported to the Secretary.
If upon consideration of the circumstances and the explanation (if any) the Secretary is of opinion that the alleged offence has not been committed, he may remove the suspension; if, however, he is of opinion that the alleged offence has been committed, but is not of so serious a nature as to justify reference to a Board of Inquiry, he may remove the suspension, and caution or reprimand the officer, or impose a fine not exceeding £10.
Where the Secretary is of opinion that an offence is of so serious a nature as to warrant reference to a Board of Inquiry, the following procedure shall be followed:—
(a) The officer charged, if he has been suspended, shall be further suspended by the Secretary.
(b) The charge shall be referred forthwith to a Board of Inquiry to be appointed by the Secretary.
The Board of Inquiry shall consist of—
(a) an officer of the Department in which the accused officer is employed;
(b) an officer of any other Commonwealth Department;
(c) the elected representative of the corresponding division under the Public Service Act:
Provided that, instead of the officers specified in paragraphs (a) and (b), or either of them, the Secretary may appoint any person or persons he may deem desirable, whether connected with the Commonwealth Public Service or not. Any two members of a Board of Inquiry may exercise all the powers of such Board.
When appointing a Board of Inquiry the Secretary shall name the person who shall act as chairman.
The Board shall inquire into the truth of the charge or charges made, and after fully hearing the case, report to the Secretary the proceedings and evidence taken, and their opinion thereon.
(1) Where it appears to a Board of Inquiry that it is undesirable, by reason of the officer charged being stationed in a remote locality, or by reason of expense, inconvenience, or delay to require the officer or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the officer or witness.
(2) The person so appointed shall take the evidence of the officer or witness on oath or affirmation, and for the purpose of so doing shall have all the powers of the Chairman of the Board.
(3) Any party to the inquiry entitled to be represented before the Board shall be entitled to be represented before any person taking evidence in pursuance of this Regulation.
(4) The evidence so taken shall be certified under the hand of the person taking it, and forwarded to the Board, and considered by it in connexion with the inquiry.
(1) On admission or proof of the charges, the Secretary may—
(a) impose a penalty upon the officer offending; or
(b) deprive him of his leave of absence during a specified period; or
(c) reduce the offending officer to a lower class or grade and salary or wages; or
the Governor-General may—
(a) dismiss the accused officer; or
(b) require him to resign.
(2) In cases where a reduction in status or salary, dismissal, or enforced resignation is recommended, such recommendation, together with all necessary papers, shall be sent to the Secretary.
If none of the charges against the suspended officer are found by the Board of Inquiry to be proved, the suspension shall immediately be removed.
A Board of Inquiry, when inquiring into the truth of a charge made against any officer, shall—
(a) conduct its inquiry without regard to legal forms and solemnities;
(b) direct itself on the best evidence available, whether such evidence would or would not be admissible in a court of law, and may reject any evidence deemed irrelevant;
(c) have discretion to conduct proceedings in private;
(d) report for consideration of the Minister in cases where the charge is found to be not proved, whether reasonable expenses, or any part thereof, shall be paid to the accused officer, and state amount of same.
(1) Where an officer is suspended for an offence, and the charge has been found to be not proven, full pay for the period of suspension shall be allowed.
(2) Where the offence is admitted or proved the officer may be deprived of pay for the whole or any portion of the period of suspension, but in any such case the recommendation of the Secretary shall set forth, in addition to any other punishment proposed, the amount of pay of which it is intended to deprive the offender, and any such deprivation
shall be regarded and recorded as part of the penalty. In cases where it is found impracticable, owing to the remoteness of the locality where the alleged offence is stated to have been committed, or for other cogent reasons, to deal with the charge promptly, an officer, on the report of the Secretary, may, after a period of one month from the date of suspension, be granted half pay until the formal investigation is held, provided the suspended officer has not wilfully caused the delay.
(1) The following shall be the scale of allowances which may be paid to any witness, not being an officer, summoned on behalf of a Department for his travelling expenses and maintenance during his absence from his usual place of residence, and the claim of any witness upon such scale as aforesaid shall be paid and satisfied by the Department concerned if it be certified by the Chairman of such Board:—
Profession, Trade or Calling.
Allowance for each day of actual attendance at an Inquiry or of necessary absence from home in travelling to and from the Inquiry.
Not to exceed—
1. Professional men, if attending in a professional capacity
£1
2. Professional men not attending in a professional capacity, bank managers, merchants, accountants, auctioneers, and other persons of similar station in life
15/-
3. Mechanics, clerks, master tradesmen, agriculturists, and other persons of similar station in life
10/-(According to amount of wages or time lost.)
4. Labourers, and other persons of similar station in life
7/-(According to amount of wages or time lost.)
5. Members of the Police Force...............
The amount of pay lost, and, if stationed out of the locality where the inquiry is hold, 2/6 to 5/- extra, according to rank
(2) In addition to above rates, reasonable travelling expenses actually paid may be allowed, but not to exceed One shilling for every mile a witness resides from the place at which he is required to attend.
(3) The Crown will not be responsible for travelling or other expenses of any witness summoned by or on behalf of an officer charged with an offence, excepting in cases where the charge has been found to be not proved, and the evidence was, in the opinion of the Chairman, necessary and material.
(4) The officer conducting the case for the Department will submit the claim made by a witness for expenses to the Chairman of the Board of Inquiry, who will, at the hearing, fix the sum to be allowed.
In any case where a charge against an officer is submitted to a Board of Inquiry, a copy of all documents intended to be used at such inquiry shall, where practicable, be furnished to such officer at least seven days before the inquiry is held.
All officers upon the hearing by a Board of Inquiry of any charge against them shall be entitled to be represented by counsel, attorney, or agent, who may examine witnesses and address the Board of Inquiry in their behalf.
The Chairman of any Board of Inquiry shall have power at any time to summon any person whose evidence appears to be material to the determining of any inquiry, and he may examine such person upon oath touching the matter to be investigated.
If, without reasonable cause, any person, not being an officer, summoned as aforesaid, being paid or tendered his reasonable expenses, neglects or fails to appear, or refuses to be sworn or to answer any question put to him by a member of a Board of Inquiry, or to produce all books, documents, or writings pursuant to such summons, he shall be liable to pay a penalty not exceeding Twenty pounds, to be recovered by any person authorized so to do by such Board in any court of competent jurisdiction in the State in which such person resides, provided that no such person shall be compelled to answer any question which would tend to incriminate him.
Every officer shall be entitled to a copy of the report of any Board of Inquiry which has investigated any charge made against him,
Award of Commonwealth Arbitration Court.
Notwithstanding anything contained in these Regulations any award made by the Commonwealth Court of Conciliation and Arbitration, in pursuance of the Arbitration (Public Service) Act 1911, shall apply as if it formed part of these Regulations, as from the date on which the award comes into operation, to any factory named in such award.
Repeal of Previous Regulations.
All Regulations for the conduct and management of Government factories, and the employment of persons under section 63, sub-sections 1 and 2 of the Defence Act, heretofore made under the Act, in force at the commencement of these Regulations, are hereby repealed as from the commencement of these Regulations, save as to anything lawfully due, or any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.
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