REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1918, to come into operation forthwith.
Dated this twenty-second day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
C. W. C. MARR,
Acting Minister of State for Defence.
NAVAL ESTABLISHMENTS REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Naval Establishments Regulations.
Repeal.
The Naval Establishments Regulations (Statutory Rules 1916, No. 243 as amended to present date) are hereby repealed as from the commencement of these Regulations, save as to anything lawfully done or any right, privilege, obligation or liability acquired, accrued or incurred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.
Parts
These Regulations are divided into parts, as follows:—
Part
I.—
Preliminary.
Part
II.—
Administration.
Part
III.—
Attendance and Duties of officers and employees.
Part
IV.—
Pay, Allowances, &c.
Part
V.—
Holidays and Leave of Absence.
Part
VI.—
Medical Attention and Compensation.
Part
VII.—
Travelling and Removal Expenses.
Part
VIII.—
Apprentices.
Definitions.
In these Regulations unless the contrary intention appears—
“The Act” means the Naval Defence Act 1910-1918, and any later Acts amending that Act.
“Minister” means the Minister of State administering the Naval Defence Act 1910-1918.
“Naval Board” means the Naval Board of Administration constituted under the Acts.
“Secretary” means the officer appointed to be Secretary to the Naval Board or such other official as the Naval Board may authorize to act for him.
C.17554.—Price 8d.
“Officer-in-Charge” means the officer appointed to be in charge of a Naval Establishment or group of Naval Establishments, and in respect of Navy Office means the Secretary.
“Officer” means a person who is employed in pursuance of sub-section (1) of section 41 of the Act in a civilian capacity in or in connexion with a Naval Establishment and who is appointed by the Governor-General, provided that the Naval Board may appoint persons to be temporary officers and may at any time terminate the appointments of temporary officers.
“Employee” means a person (other than an officer) who is employed in pursuance of sub-section (1) of section 41 of the Act in a civilian capacity in or in connexion with a Naval Establishment and who is engaged by the Officer-in-Charge.
“Returned Soldier” means any person who enlisted prior to the eleventh day of November, 1918, and served in the war with satisfactory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-1918, and includes—
(a) a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia during the war;
(b) any member of the Naval Forces of the Commonwealth who has during the war been on active service outside Australia or on a ship war;
(c) any person who, during the war, has been employed as a radio telegraphist in the transport service in connexion with any such Expeditionary Force, and who, while so employed, served in the zone of war; and
(d) any person who was born in Australia, or resident in Australia within six months prior to enlistment who, at any time during the war, served with satisfactory record in a Naval or Military Expeditionary Force raised in the United Kingdom or in any British Dominion.
“The War” means the war which commenced on the fourth day of August, nineteen hundred and fourteen.
“Naval Establishment” includes any Dockyard, Shipyard, Office, Victualling Depot, Armament Depot or any undertaking established or carried on in connexion with Naval Defence.
“Service” means service in a civilian capacity under sub-section (1) of section 41 of the Naval Defence Act.
Part II.—Administration.
Responsibility and authority of Naval Board.
The Naval Board shall be responsible for the general administration of Naval Establishments, and for all the business thereof, and shall advise the Minister on matters relating thereto, and may, where not inconsistent with these Regulations, determine rates of pay, allowances, leave, and other matters affecting an officer or employee.
Responsibility of Officer-in-charge.
Each Officer-in-Charge shall be responsible—
(a) For the efficient, safe, and economical working of the Naval Establishment under his charge.
(b) For the direction and supervision of the Staff, and that the members of such staff duly fulfil the duties assigned to them, that discipline is maintained, and that the provisions of all Acts and Regulations and orders of the Naval Board relating to Naval Establishments, officers, and employees thereof are strictly observed.
Authority of Officer-in-charge.
Each Officer-in-Charge is authorized—
(a) To engage, discharge, or retire employees, provided that no employee shall be engaged who has attained the age of 60 years, unless with the approval of the Naval Board.
(b) To fix weekly, daily, hourly, or piece-work rates of wages of employees within the limits approved by the Naval Board; and
(c) Subject to these Regulations, and to the approval of the Naval Board, to make rules for the conduct of the Naval Establishment under his charge.
Delegation of powers by Officer-in-charge
(1) The Officer-in-Charge may by writing under his hand, and subject to the approval of the Naval Board delegate any of the powers, functions or authorities conferred upon or vested in him by these Regulations.
(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power, function, or authority by the Officer-in-Charge.
Liability incurred on behalf of Government.
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.
Annual Reports of Establishments.
The Officer-in-Charge shall, in July of each year, submit to the Naval Board a report on the working of the Naval Establishment under his charge, together with a statement of accounts.
Excess Officers—Transfer or retirement of.
11. If, at any time, the Officer-in-Charge, or Senior Officer under the Officer-in-Charge, finds that the number of officers under his control is greater than the business demands, or can be reduced through re-arrangement of duties or improved method of working, he shall report forthwith accordingly. Such report shall be transmitted through or by the Officer-in-Charge to the Naval Board, and the Naval Board may transfer an excess officer to some other position of equal salary, and if no position of equal salary is available which the excess officer is considered by the Naval Board to be competent to fill, such officer may be transferred to a position of lower salary, and if no such position is available, the Governor-General may, on the recommendation of the Minister, retire the officer from the Service.
Transfer of officers and employees.
The Naval Board may where expedient transfer an officer from one position to another and may authorize the Officer-in-Charge to transfer an employee from one position to another.
Temporary Officers—application of regulations to
The provisions of these Regulations relating to an officer shall apply to a temporary officer excepting regulations 23, 24, 25, 26, 59, 60, 61, 62, 63 and where otherwise prescribed, provided that the provisions of regulations 55 and 56 shall apply only to a temporary officer who commenced employment under these Regulations prior to 26th November, 1924.
Engagement of employees.
14. Employees shall be temporarily engaged and their engagements may be terminable without notice on either side, provided that an employee engaged under agreement shall be subject to the terms of such agreement. Employment in a temporary capacity shall not establish any claim to permanent employment.
Award of Commonwealth Arbitration Court.
Notwithstanding anything contained in these Regulations, any award made by or agreement filed in the Commonwealth Court of Conciliation and Arbitration, in pursuance of the Arbitration (Public Service) Act, or of the Commonwealth Conciliation and Arbitration Act, shall apply as if it formed part of these Regulations, as from the date on which the award comes into operation, to any Naval Establishment named in such award or agreement.
Part III.—Attendance and Duties of Officers and Employees.
Hours of attendance &c.
(1) A week’s duty shall be reckoned as 48 hours, provided that the Naval Board may determine that less than 48 hours may be reckoned as a week’s duty.
(2) The hours of attendance of officers and employees shall be as determined by the Officer-in-Charge from time to time.
(3) Officers or employees may 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.
Recording of attendance.
(1) The time of officers and employees entering or leaving the Naval Establishment shall be recorded in such manner as may be determined by the Officer-in-Charge.
(2) Any person failing to comply with the orders of the Officer-in-Charge in this respect and any person discovered irregularly recording the attendance of any other person shall be deemed to have committed a breach of these Regulations, and will be dealt with by the Officer-in-Charge accordingly.
Irregularity of attendance by employees.
18. Any employee arriving at his work after the time determined under regulation 16 may have his time stopped for such period as may be determined by the Officer-in-Charge.
Absence from duty.
No officer or employee shall be absent from his duty during the prescribed hours, except by express permission of the Officer-in-Charge or head of the branch, or unless reasonable cause be shown. If any officer 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 Officer-in-Charge, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the Officer-in-Charge may consider necessary.
Deduction of pay for absence without leave.
20. Where an officer 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.
Performance of work outside Government Service.
(1) No officer or employee, except with the express permission of the Naval Board, after report by the Officer-in-Charge 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 trade; 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 or employee from becoming a member or shareholder only of any incorporated company, or of any company or society of persons registered under any Act in any State or elsewhere, but an officer or employee shall not take any part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.
Officer or employee to give evidence when required.
(1) An officer or employee who is summoned by the Officer-in-Charge, the Naval Board, 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) An officer or employee appearing before the Officer-in-Charge, the Naval Board 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 or employee shall be compelled to answer any question tending to incriminate him.
Punishment for offences.
An officer who—
(a) commits any breach of these Regulations; or
(b) is negligent or careless in the discharge of his duties; or
(c) is inefficient or incompetent through causes which appear to be within his own control; or
(d) uses intoxicating liquors or drugs to excess; or
(e) is guilty of any disgraceful or improper conduct, either in his official capacity or otherwise,
shall be guilty of an offence, and such offence shall be reported forthwith to the Naval Board by the Officer-in-Charge, and the Naval Board may, if the officer is considered to be guilty of the offence, call upon the
officer for an explanation as to the alleged offence and if on consideration of the explanation the officer is deemed to have committed the offence, may—
(i) fine the officer any sum not exceeding £5, or
(ii) reduce his salary, or
(iii) reduce him to a lower position, or
(iv) transfer him to some other position, which transfer may be in addition to fine or reduction, or (v) recommend to the Minister that the officer be dismissed from the Service and the Governor-General may, on the recommendation of the Minister, dismiss the officer from the Service.
Insolvent officers.
(1) If the estate of an officer is sequestrated either voluntarily or compulsorily for the benefit of his creditors, the officer shall apply, as soon as he may legally do so, to a Court of Bankruptcy or Insolvency for a certificate of discharge.
(2) If it appears to the Court that the applicant has been guilty of fraud, dishonorable conduct, or extravagance, the Court shall direct the Clerk of the Court thereupon to report the same to the Naval Board.
(3) If the officer does not apply as aforesaid for a certificate of discharge, or if he applies, and it appears from the report that the officer has been guilty of fraud, dishonorable conduct, or extravagance, the officer may be dismissed from the Service, or reduced to a lower division, class, or position, or salary, or punished in such other manner as the case demands, as may be determined by the Governor-General on the recommendation of the Minister.
Attachment of salary of officers.
(1) Where judgment has been given by any Court against any officer for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Paying Officer of the Department in which the officer is employed a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.
(2) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this section, the Paying Officer shall as soon as practicable notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Paying Officer, whether the judgment has been satisfied, and if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3) If the officer fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied, the Paying Officer may from time to time deduct from any moneys due to the officer such sums as are in his opinion necessary to enable the judgment to be satisfied, and shall pay those sums to the judgment creditor.
Provided that in no case shall a deduction be made which will reduce the amount to be received by the officer to less than Two pounds per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the officer.
(4) Where more than one judgment and statutory declaration are served upon a Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.
(5) A payment made to a judgment creditor in pursuance of this section shall, as between the Commonwealth and the officer, be deemed to be a payment by the Commonwealth to the officer.
(6) A person to whom any payment has been made in pursuance of this section shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.
Penalty: Fifty pounds or imprisonment for three months.
(7) If any payment made in pursuance of this section exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any Court of competent jurisdiction.
(8) The foregoing provisions of this section shall not apply in relation to any officer whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.
(9) In this section “the Paying Officer” means the officer of a Department who pays to the officer, in relation to whom the expression is used, the salary or wages due to him by reason of his employment in the Service.
Sequestration of estate.
26.(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 regulations 24 and 25 within seven days of the date of sequestration give to the Officer-in-Charge written notice thereof, with a statement of the causes of his embarrassment.
(2) The Officer-in-Charge shall forward the notice and statement, with any remarks he desires to make thereon, to the Naval Board.
(3) Upon being granted a certificate of discharge by a Court of Bankruptcy or Insolvency, an officer shall submit such certificates to the Officer-in-Charge.
Deduction of pecuniary penalty from salary.
(1) On receipt of notice of any pecuniary penalty imposed upon, or any order for the payment of money made against, any officer under the authority of these Regulations, the officer who pays the salary, wages or pay of the officer so punished or against whom the order is made, shall deduct from any salary, wages or pay payable to the officer the amount of the penalty, or the sum ordered to be paid, as the case may be, unless he is satisfied that payment has been made by the officer or employee.
(2) The deduction may be made by instalments equal as nearly as practicable to one-fourth of the salary, wages or pay due from time to time to the officer.
(3) All fines and penalties imposed under these Regulations shall be paid into and form part of the Consolidated Revenue.
Forfeiture of employment on conviction of offence.
28. If an officer 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 Naval Board is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the officer or employee, they may direct his reinstatement.
Suspension on account of insobriety.
29. If an officer 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 Officer-in-Charge.
Prior service counted for continuous service.
Where an officer or an employee has become transferred or appointed from any position of a permanent nature in the service of the Commonwealth, or of a State, to a position under these Regulations, all continuous service of such officer or employee under the State or Commonwealth shall be reckoned as service under these Regulations.
Report on officer on attainment of 60 years of age.
When an officer attains the age of 60 years the Officer-in-Charge shall report for the information of the Naval Board 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.
Retirement of officers attaining the age of 60 years.
32. (1) An officer having attained the age of 60 years shall be entitled to retire from the Service if he desires so to do, but such an officer may, unless retired as hereinafter provided, continue in the Service until he attains the age of 65 years.
(2) If an officer continues in the Service after he has attained the age of 60 years, he may at any time before he attains the age of 65 years be retired by the Naval Board.
(3) Where an officer has attained the age of 65 years and in the opinion of the Naval Board it is desirable in the interests of the Commonwealth that the officer should continue in the Service, and the officer is willing and able to do so, the Minister may direct that the officer shall continue in the Service for a fixed time not exceeding twelve months, otherwise every officer on attaining the age of 65 years shall retire from the Service.
Discharge of employees on attaining the age of 65 years.
An employee shall be discharged from the Service on his attaining the age of 65 years, provided that the Naval Board may, in exceptional circumstances, permit the employee to continue in the Service for a fixed time not exceeding twelve months.
Obligations of officers or senior employees.
An officer or employee in charge of a sub-department, branch, or minor division of a Naval Establishment shall be accountable for the maintenance of good order, shall afford the utmost aid and support to the Officer-in-Charge, and shall report to the Officer-in-Charge any breaches of these Regulations which come to his knowledge.
Applications from officers or employees.
35. An application from an officer or employee upon any matter affecting his position shall be made by the applicant himself through the head of his branch to the Officer-in-Charge. Where in exceptional cases an officer or employee desires to communicate with the Naval Board, the communication must be addressed to the Secretary, and shall be forwarded by the Officer-in-Charge, with any remarks considered necessary.
Performance of duties.
An officer or employee 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 or employees.
An officer or employee shall obey promptly all instructions given to him by the officer or employee under whose immediate control or supervision he is placed. If an officer 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 Officer-in-Charge; 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.
Incapacity of officers.
If an officer appears to the Naval Board or the Officer-in-Charge to be incompetent or inefficient or to be unfit to discharge or incapable of discharging the duties of his office efficiently, the Governor-General may, on the recommendation of the Minister, retire such officer from the Service, or may transfer him to some other position with salary appropriate to such other position.
Official information not to be divulged.
Except in the course of official duty, no information concerning public business or any matter of which an officer, or employee, has knowledge officially shall be given, directly or indirectly, to any unauthorized person by an officer or employee without the written permission of the Naval Board.
Outside influence prohibited.
An officer or employee is prohibited from seeking the influence or interest of any person outside the Service in order to obtain promotion, removal, or other advantage. An officer or employee who considers that his claims for promotion or consideration have been overlooked may communicate with the Naval Board in the manner prescribed by regulation 35.
Damage to Government property.
(1) Officers and employees shall be held responsible for the careful use and preservation of all Government property in their possession, custody, or care.
(2) A person who carelessly or wilfully defaces or damages any building, wall, machine, tool, material, or any other Government property shall be liable to pay the cost of any replacement necessary and any sum so ordered to be paid may be deducted from his salary or wages.
Borrowing or lending money
Any monetary transaction between officers 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 or senior employees from their subordinates, is forbidden.
Part IV.—Pay Allowances, Etc.
Rates of pay and increments.
The rates of pay set forth in this regulation shall apply to officers or employees in Naval Establishments occupying the respective positions indicated:—
*If employed in magazines, Explosive Stores or Ammunition Stores, an additional salary at the rate of £12 per annum shall be paid.
Payment of increments as prescribed in the above schedule is subject to good conduct, diligence, efficiency and to regular attendance of the officer or employee.
Employees paid under Arbitration determinations or State awards.
An employee who is paid under the provision of any arbitration determination or State award shall be dealt with for purposes of overtime, Sunday duty and travelling time, under the conditions of such determination or award. In the event of such determination or award containing no provision for overtime, Sunday duty and travelling time payments, the provisions of these Regulations shall apply.
Recording and payment of overtime.
(1) Overtime shall be recorded and paid to officers in accordance with the conditions prescribed in any relative determination under the Arbitration (Public Service) Act 1920, and, in the absence of any such determination, in accordance with such conditions as the Naval Board directs, and subject to the provisions of these Regulations.
(2) “Night work” shall be deemed to be work any portion of which is performed between 11.30 p.m. and 4 a.m.
(3) “Broken shift” shall be deemed to be a shift in which any break exceeds two hours.
(4) Where an officer or employee is required to work in alternating weeks or longer periods above and below the prescribed hours of duty, overtime shall be the aggregate time worked during such alternating periods in excess of the prescribed weekly hours multiplied by the number of weeks covered by such periods.
(5) The hourly rate of overtime, based on time and a half, shall be calculated in accordance with the following formula:—
Formula: Annual salary over 313, multiplied by 6 over Prescribed weekly hours before overtime is payble, multiplied by 3 over 2
(6) The hourly rate of pay for overtime shall be computed to two decimal points of a penny with a minimum rate, except where otherwise prescribed, of 1s. per hour. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each pay period.
(7) An allowance paid to an officer or employee for the performance of higher duties, and allowances granted in such other cases as the Naval Board determines, shall be regarded as salary for the purpose of computing overtime payment.
(8) Where an officer or employee who has ceased work for the day is recalled for duty, such duty shall be recorded as overtime and shall include the time necessarily spent in travelling to the place of duty and returning to his home.
(9) Where an officer or employee is required to perform, outside his usual hours, work for some Department or branch of a Department other than that to which he is attached, and that work is not paid for by allowance or payment of similar nature, the time worked by the officer or employee beyond the usual hours shall be regarded as overtime:
Provided that where the work is performed in connexion with another branch of his own Department, the approval of the Naval Board shall be obtained to the application of the provisions of this sub-regulation.
(10) Where an officer or employee in consequence of having worked overtime, is released from ordinary duty, there shall be deducted from any payment to be made for overtime the value, computed at the ordinary rate of pay, of the time during which he has been released from duty.
(11) When overtime is computed on a weekly basis and an officer or employee is absent on one or more days or half-days during the week on authorized leave, or on account of public holidays or half-holidays, deductions as provided in this sub-regulation shall be made from the number of hours to be worked before overtime can be claimed:—
(a) in the case of an officer or employee whose daily hours of duty are clearly defined by regulation, schedule, or otherwise, the deduction shall be the time which the officer or employee would ordinarily have worked on those days or half-days;
(b) in the case of an officer or employee whose daily hours of duty vary with the volume of work to be performed, a deduction at the rate of one-twelfth for a public half holiday and one-sixth for a public holiday, and a corresponding reduction for authorized leave, shall be made:
Provided that when a public holiday is proclaimed on a day on which an officer or employee would ordinarily be required to attend for only portion of a day the deduction shall be the time which the officer or employee would ordinarily have worked on that day.
(12) In respect of cases not provided for by this regulation, the Naval Board may from time to time determine the conditions under which overtime shall be recorded and paid.
(13) An officer or employee not working under close supervision, or whose hours of duty cannot be definitely determined, such as a caretaker (in residence), messenger, or watchman, shall not be entitled to claim overtime except as prescribed in sub-regulation (9) of this regulation, or in such cases as are specially approved by the Naval Board, nor shall any officer in receipt of salary exceeding £450 per annum be so entitled.
Meal allowance.
(1) Where an officer or employee 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 employee is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, and such attendance necessitates his obtaining a meal away from home, he shall be granted a meal allowance on the following scale:—
(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.
Travelling time.
The Naval Board may approve of payment being made to an officer or employee who is on duty away from his usual station in respect of the time, or portion of the time, necessarily spent in travelling in excess of his usual hours of duty for the day.
Deduction from salary or wages as rent for quarters.
(1) An officer or employee in occupation of Government quarters for purposes of residence shall have deducted from his salary or wages by way of rent such amount as may be fixed by the Naval Board, provided that in exceptional circumstances, the Minister may, on the recommendation of the Naval Board, approve of the deduction being waived.
(2) An officer or employee who occupies for the purpose of residence any building belonging to or occupied by the Commonwealth is prohibited from subletting any portion of the building without the consent in writing of the Officer-in-Charge.
Sunday duty.
(1) Where the performance of Sunday duty is necessitated by public requirements, every officer or employee called upon for such duty shall be liable therefor under the conditions provided in this regulation:
Provided, however, that an officer or employee possessing conscientious scruples against Sunday duty may be granted permission to furnish a substitute.
Further, provided that the provisions of this regulation in regard to extra pay shall not apply to an officer or employee in receipt of salary in excess of £450 per annum except with the approval of the Naval Board.
(2) Subject to these Regulations, an officer or employee who is required to attend for duty on a Sunday shall be paid for such attendance at the rate of time and a half for the period of attendance.
(3) An officer or employee who has been required to perform a full day’s duty on a Sunday shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and in such case the payment for Sunday attendance shall be half a day’s pay.
(4) Where an officer or employee resides on the premises where his duties are performed, and his attendances on Sundays are intermittent or for brief periods, he shall not, except with the approval of the Naval Board, be entitled to claim extra pay for such attendances. If payment be approved it shall be at the rate of time and a half, but not less than Two shillings.
(5) In computing payments for duty performed on Sunday the following conditions shall be observed:—
(a) Scheduled duty terminating at 2 a.m. or earlier on Sunday shall not be paid for at Sunday rates unless the officer or employee is again required to be on duty on the same day.
(b) Scheduled duty commencing at 10 p.m. or later on Sunday shall not be paid for at Sunday rates unless the officer or employee has already been on duty on the same day.
(c) Subject to the provisions of (a) and (b) Sunday pay shall be granted for any scheduled duty between midnight on Saturday and midnight on Sunday.
Part V.—Holidays and Leave of Absence.
Public holidays.
(1) The following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays, in Naval Establishments, on full pay, namely:—
1st day of January;
26th day of January;
Christmas Day and the following day;
Good Friday and the following Saturday and Monday;
25th day of April;
The anniversary of the Birthday of the Sovereign;
Any day proclaimed by the Governor-General, or required by any Act to be observed in lieu of any of the said days.
(2) Whenever any of the days specified in sub-regulation (1) of this regulation, except the 25th day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in lieu of such Sunday.
(3) In addition to the holidays prescribed in sub-regulation (1) of this regulation, there may be observed as public holidays or half-holidays such additional holidays or half-holidays, not exceeding, in the whole, four in any calendar year, as are prescribed by the Naval Board.
(4) In addition to the days hereinbefore named, any specified day or half-day appointed by the Governor-General may be observed as a holiday or half-holiday.
Time off in lieu of work on Public holiday.
(5) Where the attendance and services of an officer or employee are required during any holiday or half-holiday authorized under the provisions of sub-regulation (3) of this regulation, such officer or employee shall be granted a period off duty in lieu of the holiday or half-holiday or portion of a holiday so worked, such period off duty being added to the officer’s or employee’s next ensuing recreation leave.
Provided that no period off duty in respect of work performed on any holiday shall be less than one half-day.
Absence without leave on day before or after holiday.
(6) An officer or employee absent without leave on the day before or after a holiday for which pay is allowed shall not receive pay for such holiday.
(7) The rate paid for public holidays occurring during absence on leave shall be the same as that allowed for the period of leave in which the holiday occurs.
Naval Establishments may be kept open on holidays and attendance of officers or employees required.
The Naval Board may require any Naval Establishment, 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 an officer or employee of such Naval Establishment during any such holiday; but in that case the officer or employee shall except as prescribed in regulation 50 (5) be granted an amount equal to a day’s salary, calculated in the prescribed manner, if a full day’s attendance has been required, and a proportionate amount if less than a full day’s attendance has been required:
Provided that no proportionate payment shall be less than one half-day’s salary calculated in the prescribed manner.
Closing down of Naval Establishments
52. In each year, at such time and for such period as may be approved by the Minister, any Naval Establishment may be closed down.
Holiday pay—Calculation of.
(1) A day’s salary for the purpose of payment for duty performed on a holiday shall be calculated by multiplying the hourly rate of salary by the number of hours in an ordinary day’s duty for the day on which the holiday occurs, and one-half day’s salary shall be half a day’s salary so calculated.
(2) The hourly rate of salary shall be calculated in accordance with the following formula:—
Formula: Annual salary over 313, multiplied by 6 over Prescribed weekly hours
(3) For the purposes of sub-regulations (1) and (2) of this regulation, salary shall include any allowance granted for the performance of higher duties.
Recreation leave.
(1) In each year the Officer-in-Charge may grant leave of absence on full pay to an officer or employee who shall have been continuously employed in a Naval Establishment for twelve months prior to application, as follows:—
Officer................................
18 days
Employee..............................
12 days
exclusive of Sundays and holidays. Such leave shall, however, be dependent upon the good behaviour and regular attendance of the officer or employee.
(2) An employee about to be discharged through no fault of his own, or at his own request, may, on the approval of the Officer-in-Charge, be granted payment for recreation leave due under this regulation.
Furlough.
(1) When an officer has continued in the Commonwealth Service for at least twenty years, the Naval Board may grant to him leave of absence for a period not exceeding one month and a half on full salary, or three months on half salary, in respect of each completed five years of continuous service:
Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.
Provided further that in the case of any officer appointed after the 25th day of November, 1924, the service which shall be taken into account for the purposes of this regulation and regulation 56 shall not include any service in a temporary capacity.
Provided further that the continuous temporary service of any person who commenced employment under these Regulations prior to the 26th day of November, 1924, and who is appointed an officer at some subsequent date shall be regarded as service for the purposes of this regulation and regulation 56.
(2) When an officer who has continued in the Commonwealth Service for at least twenty years is retiring from the Commonwealth Service, the Naval Board may authorize payment to him upon retirement of a sum equivalent to the amount of salary that would have been received by him during such leave of absence as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.
(3) Upon the death of any officer who at the date of his death was eligible under this regulation for the grant of leave of absence, the Naval Board may authorize payment to the dependants of the office of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer had he retired immediately prior to the date of his death.
(4) Notwithstanding anything contained in this regulation—
(a) there shall not be granted under this regulation, in respect of the service of any officer, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;
(b) except upon retirement of an officer under regulation 32, leave of absence for recreation shall not be granted under regulation 54 in respect of the year in which leave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:
Provided that the total period of leave of absence for recreation which may, under the provisions of this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and
(c) the official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.
Extended leave on retirement when ineligible for furlough
56. (1) The Naval Board may grant to any officer, whose period of service is less than twenty years, who is not eligible for furlough under regulation 55, immediately prior to his retirement from the Commonwealth Service on, or subsequent to, his attaining the age of 60 years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—
Service.
Leave.
16 years and less than 20 years..........................
5 months.
12 years and less than 16 years..........................
4 months.
8 years and less than 12 years..........................
3 months.
4 years and less than 8 years...........................
2 months.
Pay in lieu of leave on retirement.
(2) In lieu of leave in accordance with sub-regulation (1) the Naval Board may authorize payment to an officer, eligible for leave in pursuance of this regulation, upon his retirement from the Commonwealth Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under this regulation.
(3) Where an officer who is less than 60 years of age retires from the Commonwealth Service after less than twenty years’ service, and produces to the Naval Board satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and not due to misconduct or to causes within his own control, the Naval Board may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that for which, had he attained the age of 60 years, he would have been eligible under sub-regulation (1) of this regulation.
Pay in lieu of leave on death of officer.
(4) In the event of the death of an officer before he has completed twenty years’ service in the Commonwealth Service either before or after he has attained the age of 60 years, the Naval Board may authorize payment to the dependants of the officer of a sum equivalent to the salary for the period of leave which the officer would have received had he been eligible for, and granted leave of absence under sub-regulation (1) of this regulation.
(5) The official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.
Furlough or extended leave to persons employed prior to 26th November, 1924.
(1) A person other than an officer who commenced employment under these Regulations prior to 26th November, 1924, shall be eligible for the grant of furlough or extended leave under the conditions and scale prescribed for an officer in regulations 55 and 56.
(2) In the event of the death of such a person before or after he has completed twenty years’ service, payment may be made to his dependants under the conditions prescribed in regulations 55 and 56.
Leave for compulsory defence training.
58. (1) Leave of absence for the purpose of attending the annual training prescribed in Part XII. of the Defence Act 1903-1918 and of attending one school, class or course of instruction annually may be granted by the Officer-in-Charge to an officer who is a member of the
Naval or Military Citizen Forces, whether he be serving voluntarily or as a trainee. Evidence of the necessity for such attendance shall be furnished before the grant of leave and a certificate of attendance shall be produced to the Officer-in-Charge at the conclusion of the camp, school or course of instruction.
(2) Leave of absence granted in pursuance of sub-regulation (1) may, at the option of the officer, be deducted from recreation leave due and, in respect of the period so deducted, shall be granted with full pay. If not so deducted, it shall be granted without pay unless the amount of pay which the officer would have received if he had been on duty exceeds the amount of pay excluding pay for Sundays and holidays, received as a member of the Naval or Military Citizen Forces, in which case he shall be paid the difference.
(3) Leave of absence with full pay may be granted by the Officer-in-Charge—
(i) to an officer who is a member of a Senior Cadet Unit to perform such training required by section 127 of the Defence Act 1903-1918 as he may be required to perform within ordinary hours of duty; and
(ii) to an officer who is serving voluntarily in a Cadet Unit for the purpose of attending cadet training on the production of evidence to the Officer-in-Charge that attendance is necessary and that the officer is a duly enrolled member of such unit.
(4) Sub-regulations (1), (2) and (3) of this regulation shall apply to employees:
Provided that where the employee’s services are not further required leave shall only be granted to the date on which he would ordinarily have ceased duty.
(5) Leave of absence with pay shall not be granted under this regulation in respect of any period of training required of an officer or employee for failure to become efficient as a trainee or while he is undergoing, as a trainee, detention or training for an offence.
Leave without pay for pressing necessity.
59. The Naval Board may, in cases of pressing necessity, grant to any officer leave not exceeding three months, and such leave shall be without pay.
Extended leave without pay.
60. With the approval of the Minister, on the recommendation of the Naval Board, leave of absence, without pay, may be granted to an officer for a period not exceeding twelve months, but the period of such leave shall not for any purpose be included as part of such officer’s period of service.
Medical certificates in cases of sick leave.
61. (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 Officer-in-Charge the production of a medical certificate shall not be necessary.
(2) Subject to sub-regulation (1) of this regulation where sick leave is granted without the production of a medical certificate or other evidence approved by the Naval Board, such leave shall be without pay.
Basis of computation of sick leave.
(1) In the case of the illness of an officer, the Officer-in-Charge may, on production of satisfactory medical evidence, grant the officer leave of, absence upon the following conditions:—
(a) The basis for determining the terms on which leave of absence may be granted on account of illness shall be ascertained by multiplying one week on full pay, two weeks on half pay, and four weeks on third pay by the number of completed years of the officer’s service.
(b) To determine the leave, if any, for which an officer is eligible under this regulation, the leave that has been granted during his service at rates of full pay, half pay, and third pay respectively, shall be deducted from the periods ascertained under the provisions of paragraph (a) of this sub-regulation:
Provided that, in the case of an officer who was appointed to the Service before the commencement of this regulation, the leave of absence to be deducted shall be the leave of absence granted within seven years preceding the date of commencement of this regulation, together with any leave granted since such date.
Provided further that no deduction shall be made in the case of a returned soldier in respect to leave granted within three years after the date of his discharge from the Expeditionary Forces.
(c) After deduction has been made as provided in paragraph (b) of this sub-regulation, the periods remaining at each rate of pay shall be the periods of leave for which the officer is eligible at the date of application:
Provided that the maximum period allowable with pay in respect of any continuous absence through illness shall be 52 weeks.
(d) Where an officer has exhausted all leave allowable with pay, he may be granted leave without pay:
Provided that in respect to any continuous period of absence, leave with pay and without pay shall not exceed 78 weeks.
(e) In any case where an officer has not completed twelve months’ service, he may be granted such proportion of one week on full pay, two weeks on half pay, and four weeks on third pay as his service in completed months bears to twelve months.
(2) Upon the commencement of this regulation, a record shall be made as soon as practicable, calculated as provided in this regulation, of the leave for which the officer is eligible, and such record shall be amended from time to time as becomes necessary by recording any further leave granted the officer and the leave for which he is still eligible in accordance with his length of service.
(3) Notwithstanding anything contained in this regulation, where the illness of an officer is due to injury sustained in the performance of his duty, the Naval Board may determine from time to time the period of absence on account of illness which may be granted to that officer, and the conditions under which the leave may be granted.
Provisional extension of leave.
63. (1) Where an officer has been absent through illness for thirteen weeks continuously, and application for further leave is made, the Officer-in-Charge may, subject to these Regulations, provisionally grant further leave, but all such applications with supporting evidence of illness shall be forwarded to the Naval Board for determination.
(2) The granting of such further leave shall be subject to the officer being examined by a Naval Medical Officer or other medical practitioner approved by the Naval Board.
Certificate as to fitness to resume after absence on account of illness.
64. 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 Naval Medical Officer, or other medical practitioner approved by the Naval Board 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 Officer-in-Charge may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by an approved medical officer or practitioner, and if the examination discloses that the officer is unfit to resume duty, the Officer-in-Charge 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.
65. (1) If the Officer-in-Charge 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 Naval Medical Officer or medical practitioner named by the Officer-in-Charge.
(2) Upon receipt of the medical report the Officer-in-Charge 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.
Illness caused through misconduct.
66. (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 Officer-in-Charge or any officer approved by the Officer-in-Charge 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 the time of the medical practitioner’s visit without, in the opinion of the Officer-in-Charge, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer and may 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 Officer-in-Charge warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Officer-in-Charge and the medical practitioner.
(5) The fee shall be paid to the medical practitioner unless he be a permanent officer of the Commonwealth, when it shall be paid into the Consolidated Revenue.
(6) An officer shall submit himself to medical examination, when required to do so, by the medical practitioner selected by the Officer-in-Charge, or any officer approved by the Officer-in-Charge.
Sick leave for temporary officers.
(1) A temporary officer who is a returned soldier may be granted leave of absence on account of illness, subject to the following conditions:—
(a) he shall apply in writing, stating the cause of absence;
(b) where he has not completed 26 days’ actual duty the Officer-in-Charge, if satisfied that the absence is due to illness, may grant the temporary officer leave of absence without pay;
(c) where he has completed 26 days’ actual duty, the Officer-in-Charge may, if satisfied that the absence arises from illness due to causes beyond the temporary officer’s own control, grant leave of absence as follows:—
(i) with pay, at the rate of one day for each 26 days of service in respect 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 temporary officer has been previously absent for one day with pay on two or more occasions; and
(ii) without pay, at the rate of two days for each 26 days of service;
(d) the leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and 24- days without pay;
Provided that where satisfactory medical evidence is produced that the illness originated from active service, the Naval Board may determine the conditions under which leave shall be granted.
(2) A temporary officer who is not a returned soldier may be granted leave of absence on account of illness if the Officer-in-Charge is satisfied that the absence arises from illness due to causes beyond the temporary officer’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 temporary officer has previously been absent for one day with pay on two or more occasions;
(b) during the first twelve months of continuous service the leave granted shall not exceed 24 days and shall be without pay; and
(c) after completion of twelve months’ continuous employment the leave granted shall be at the rate of one day with pay and two days without pay for every 26 days’ service, but not more than six days with pay and 24 days without pay shall be granted in any twelve months.
(3) Notwithstanding anything contained in this regulation, where a temporary officer sustains physical injury while on duty, or in circumstances in which the action of the temporary officer is regarded by the Officer-in-Charge as being so meritorious in the public interests as to warrant special consideration, the Naval Board may determine from time to time the period of leave of absence on account of such injury which may be granted to that temporary officer and the conditions under which the leave may be granted.
Medical certificate to accompany applications for sick leave.
(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 Officer-in-Charge.
(2) Subject to such instructions as may be issued by the Naval Board, the Officer-in-Charge, in cases of injury on duty, may, on production of satisfactory evidence, provisionally grant accident pay, in accordance with the Commonwealth Workmen’s Compensation Act.
(3) 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 employee, to satisfy himself on which point the Officer-in-Charge may send a medical officer to attend on and examine such employee at his residence.
Part VI—Medical Attention and Compensation.
Medical attendance on officer or employee injured on duty.
In every instance in which an officer or employee is injured in the performance of his employment to such an extent as to require prompt medical attention, the Naval Medical Officer, or, in his absence, 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, provided that he may elect to be removed to his home or a private hospital in which case the obligation of the Department in respect of medical expenses shall cease, excepting as prescribed in regulation 70.
Medical expenses.
70. (1) Where injury has been sustained while on duty and the Officer-in-Charge has ascertained that the injury was attributable to the act or omission of some person employed by the Department other than the person injured, or was the result of defect in departmental material or appliances, or where injury has been sustained in protecting Government property from loss or damage, the Officer-in-Charge may
approve of payment on account of reasonable transport, bona fide medical and hospital expenses incurred in consequence of the injury.
(2) Where an officer or employee sustains an injury on duty under circumstances which do not bring his case within the terms of sub-regulation (1), and it is not proved to the satisfaction of the Officer-in-Charge that the injury is attributable to his serious and wilful misconduct, the Officer-in-Charge may approve of payment of the cost of medical first-aid rendered to the injured person, when the services of the person rendering such aid have been obtained on the authority of a responsible officer, and of the transport of the injured officer or employee to a hospital or his home.
Compensation on retirement on account of injury.
71. (1) The Naval Board may, on the recommendation of the Officer-in-Charge, approve of compensation being paid to any officer 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 or employee’s default
(2) The maximum amount of compensation shall be a sum equivalent to three years’ pay at the rate the officer or employee received at the date of his retirement or discharge. The maximum amount shall be awarded only in case of total disability to earn a livelihood. In the case of partial disability, the compensation shall be less than the maximum amount, and shall be fixed by the Naval Board so that the amount awarded shall be proportionate to the degree of disability of the officer or employee.
Compensation for death from injury.
(1) The Naval Board may, on the recommendation of the Officer-in-Charge, approve of compensation being paid to the widow and children of any officer or employee who dies from injury sustained while in the performance of his duty if the injury was not due to the officer’s or employee’s default. The amount of compensation awarded shall not exceed three years’ pay at the rate the officer or employee received at the date of the injury. No claim for compensation shall be considered unless it be made within twelve months after the date of the death of the officer or employee, and unless the claimants were dependent on the earnings of the officer or employee.
(2) The amount of compensation payable under this regulation shall be distributed in such proportions and in such manner as the Naval Board determines. The compensation apportioned in respect of an infant child may be paid on behalf of the child to the widow or such other person as the Naval Board directs.
(3) The receipt of the person to whom payment is made on behalf of an infant child shall constitute an absolute discharge to the Commonwealth in respect of any compensation payable to the child under this regulation.
Maximum amount of compensation.
73. The maximum amount of compensation awarded under these Regulations shall not exceed £2,000 in any one case. Provided that in the case of persons contributing to the Commonwealth Superannuation Fund, the maximum amount payable from 5th December, 1924, shall not exceed the amount which would have been paid under the provisions of the Commonwealth Workmen’s Compensation Act 1912.
Part VII.—Travelling and Removal Expenses.
Transfer expenses.
(1) An officer or employee transferred from one locality to another because of misconduct must pay the whole cost of transfer unless otherwire determined by the Naval Board.
(2) Except as provided in regulation 75 an officer or employee transferred from one locality to another at his own request must bear the whole cost of his removal.
Cost of conveyance on transfer.
When an officer or employee is transferred—
(a) in the public interest; or
(b) in the ordinary course of promotion; or
(c) on account of illness, due to causes over which the officer or employee has no control, subject, if considered necessary by the Naval Board, to satisfactory medical evidence; or
(d) after a residence of three years or over in an isolated locality; or
(e) to fill a vacancy occurring at a place described in the last preceding; sub-clause—
the actual cost of conveyance of such an officer or employee, together with his wife and children, and of removal of furniture and household effects, subject to the provisions of regulation 76, shall be paid by the Department.
Removal of furniture.
(1) Payment of the cost of removing furniture and household effects shall be subject to the following limitations:—
Salary or Wages.
Maximum Amount Allowed.
£
Under £300 per annum.............
35
£300 to £600 per annum............
40
Over £600 per annum..............
50
Provided that, where it is shown to the satisfaction of the Naval Board that removal cannot be effected for the amount prescribed above as the maximum, the Naval Board may authorize the payment of such amount as will, in their 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 officer or employee shall, wherever practicable, obtain offers from at least two carriers, and submit them to the Officer-in-Charge, who may, subject to this regulation, authorize the acceptance of the more suitable.
(4) Where an officer or employee elects to dispose of his furniture and effects instead of removing them to his next station, the Naval Board may authorize payment to the officer of an amount equal to the loss shown, to the satisfaction of the Naval Board, 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 or employee 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 other means of conveyance.
(7) No payment shall be admitted for the purposes of this regulation unless vouchers are produced.
Rates of travelling allowances.
77. (1) Subject to these Regulations, the following shall be the scale of travelling allowances for officers and employees:—
(a) As may be approved from time to time by the Naval Board.
(2) Where allowance has been paid to an officer or employee under this regulation for eight weeks’ residence in one locality, the Officer-in-Charge shall submit the case to the Naval Board for review. No such allowance shall be continued beyond three months without the concurrence of the Naval Board, and if, upon review, the Naval Board consider the amount excessive it shall be discontinued or reduced to such amount as the Naval Board think fit.
(3) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer or employee is not required to be absent from his headquarters over night.
Travelling allowance when provided with subsistence and for lodging.
78. (1) When an officer or employee travels by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which the officer or employee would be entitled shall be allowed.
(2) Where an officer or employee is provided with subsistence and lodging, the Naval Board shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale of travelling allowances, according to the period of residence in the same place.
(3) Where an officer or employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Naval Board may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, and by not more than two-thirds where subsistence only is provided.
Travelling allowance in addition to cost of conveyance.
79. 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 an officer or employee travels.
Additional allowance when moving from temporary station.
When an officer or employee temporarily stationed at any place and receiving a travelling allowance has to visit any other place, and thereby necessarily incurs extra personal expenses, he may be permitted to draw such additional allowance for the visit as the Naval Board direct.
Travelling allowance may be varied.
81. The Naval Board may vary the travelling allowance payable to an officer or employee under these Regulations as prescribed hereunder:—
(a) Upon proof to the satisfaction of the Naval Board that allowance as a rule is insufficient to cover or in excess of expenses reasonably incurred;
(b) In the event of an officer or employee being required to proceed on duty in a ship of war or other special duty;
(c) In the event of an officer or employee being required to perform duty at a temporary station for a period exceeding six weeks.
82. (1) When an officer or employee absent from his head-quarters on duty is obliged by illness not due to his own fault to take sick leave, and he is unable to return to his own home, he may be paid an allowance to the extent, of the proved costs to him of such illness, but not exceeding the sum to which he would have been entitled under the regulations governing travelling or relieving allowance had he been on duty for the period involved.
(2) The operation of this regulation shall be subject to the conditions prescribed in sub-regulation (2) of regulation 77.
Mode of travelling on duty.
(1) While travelling on duty an officer or employee shall travel by railway if the cost be not greater than by other means of conveyance.
(2) Whenever an officer or employee does not travel by railway he shall, upon furnishing a receipt for the payment, be repaid the actual cost of the necessary and most economical means of conveyance. A receipt will not be required for any amount not exceeding 5s.
Class of travelling accommodation.
84. An officer or employee, the maximum salary of whose’ position does not exceed £300 per annum, shall be required to travel second class, and in other cases first class transport shall be provided.
Provided that in special circumstances the Naval Board may provide first class transport for any officer or employee.
Part VIII.—Apprentices.
Engagement of.
Apprentices may be engaged for employment in the various trades in H.M.A. Naval Yard, Sydney, under the conditions prescribed in these Regulations.
Apprenticeship Committee.
(1) There shall be an Apprenticeship Committee, the members of which shall be appointed by the Naval Board.
(2) It shall be the function of the Apprenticeship Committee to interview personally all candidates who qualify educationally to ascertain their suitability for entry as apprentice to the trade selected, and to make suitable recommendations to the Naval Board in each case.
Eligibility for entry.
(1) To be eligible for entry as apprentice, a candidate must comply with the conditions prescribed in the following sub-regulations except as provided in regulation 90.
(2) He must not be less than fourteen years of age, nor more than sixteen years of age on the 31st March in the year next following that in which the entrance examination is held, provided that in years in which the examination is held before the 30th June no candidate who is less than fourteen and more than sixteen years of age on the 31st March of that year shall be eligible.
(3) He shall be medically examined by a medical officer appointed by the Naval Board, and shall be rejected on medical grounds if his physical condition does not comply with the following standards:—
(a) he must be in good health and of sound constitution, and be free, as far as can be ascertained, from any disease or defect that would unfit a candidate for the duties of an artisan;
(b) hearing must be unimpaired.
(c) the sight of both eyes must be sufficiently good for the performance of any work. The standard of eye-sight must not be less than 6-9ths in each eye without glasses, or 6-12ths corrected to normal by glasses;
(d) he should possess sufficient teeth, natural or artificial, with which he can masticate his food and keep himself in good health;
(e) he should be, in the opinion of the medical officer, of good general physique, but no definite standard of measurements shall be prescribed.
(4) The must be of pure European descent and the son of natural-born British subjects.
(5) He must pass a competitive educational examination approved by the Naval Board.
Sons of sailors and soldiers.
88. (1) The sons of persons who are deceased or totally and permanently incapacitated as a result of active service in the Royal Australian Navy or in an Expeditionary Force raised under the provisions of the Defence Act, are, if otherwise eligible under the provisions of regulation 87, eligible for entry as apprentices under the conditions prescribed in the following sub-regulations.
(2) In cases where there are more than one but less than four vacancies for apprentice in any one trade, one vacancy, and where there are four vacancies or more in any one trade, one vacancy for each group of four or fraction thereof, shall be reserved for candidates eligible under sub-regulation (1) hereof.
(3) Candidates for entry under this regulation shall compete among themselves at the educational examination for the vacancy or vacancies reserved for them in each trade, provided that such a candidate who is not successful in securing an entry under the provisions hereof shall afterwards be considered on the merits of his educational examination for competition with the other candidates for entry under regulation 87.
(1) In the event of a vacancy specially reserved for candidates under regulation 88 not being filled, such vacancy shall be allotted to other candidates applying for entry under the provisions of regulation 87.
(2) A position which would have been filled by a candidate who is eligible for entry by reason of his position on the examination list, but is not entered because he is considered by the Apprenticeship Committee for any reason to be unsuitable for entry, shall be filled by selection from other qualified candidates in their order of merit on the examination list.
Entry of apprentices from private establishments.
An apprentice in the employment of a private establishment may, with the approval of the Naval Board, be specially entered as an apprentice if a vacancy exists, provided that such vacancy for any reason cannot be filled by a candidate qualified for entry by passing the educational examination, on the condition that he—
(a) produces satisfactory evidence of his having attained an educational standard at least equivalent to that prescribed for ordinary candidates for entry to the trade in question;
(b) is medically fit as prescribed in regulation 87;
(c) produces his indenture to the private establishment;
(d) is considered by the Apprenticeship Committee as suitable for entry.
Entrants must have complied with Defence training.
91. Before a successful candidate who is liable to undergo compulsory training under Part XII. of the Defence Act, is entered, he shall produce evidence that he has rendered the personal service required, or has been granted exemption therefrom.
Period of apprenticeship.
92. (1) The period of apprenticeship shall be five years.
(2) An apprentice shall serve a probationary period of three months, on the expiration of which, if he is considered satisfactory, there shall be completed an apprenticeship agreement vide pro forma in Appendix A to which his parents or other legal guardian shall become a party.
(3) There shall be kept a record of all time lost by an apprentice, owing to absence without leave, or through illness exceeding 21 days in any one year, and such time shall be added to the term of apprenticeship.
Rates of pay.
(1) The rates of pay of apprentices shall be in accordance with the appropriate award of the Commonwealth Court of Conciliation and Arbitration, or of the State Arbitration Court, except as provided in regulation 94.
Increments.
94. (1) An apprentice whose ability, progress, and general conduct have been satisfactory, who has attended regularly at a State Technical School, and who passes the annual examination of the State Technical Education Department, shall, on the approval of the Officer-in-Charge, be granted an increase of 2s. 6d. per week in his pay for the following year.
(2) An apprentice who is late in attendance at the workshop or the Technical College on twelve occasions or more during the year shall not be granted the increment of pay provided for in sub-regulation (1) of this regulation.
Trade course.
(1) An apprentice shall be required to attend a trade course in trade exercises, trade mathematics, and trade drawing, at least three times each week at a State Technical School approved by the Officer-in-Charge.
(2) An apprentice shall pay the fees for his trade course, but the total amount involved shall be refunded by the Government at the conclusion of each school term, provided his attendance and progress have been satisfactory during such period.
Higher course.
(1) An apprentice may be permitted to attend a higher course at Government expense at a State Technical College approved by the Officer-in-Charge, if his prior work and progress at the Junior Technical School are considered satisfactory.
(2) An apprentice who is awarded a scholarship at a Technical College shall be provided at Government expense with such text-books and instruments up to the value of 25s. per annum as the Superintendent of the Technical College may consider desirable.
Prizes.
A sum not exceeding Ten pounds (£10) may be allotted annually for distribution as prizes to apprentices at H.M.A. Naval Yard, under such conditions as may be approved.
Expenses when living away from home.
(1) An apprentice whose home is more than 20 miles from place of employment, and who is required to reside away from his home, may be granted, in addition to his ordinary rate of pay, a weekly allowance as prescribed in the following scale, or such portion of this allowance as may be approved, towards his board and lodging expenses:—
Special allowance to apprentice whose father is dead.
(1) The Naval Board may, upon the recommendation of the Officer-in-Charge, approve of the payment to an apprentice of a special weekly allowance in circumstances—
(a) where the father has been killed or has died in the Commonwealth Service subsequent to the entry of the apprentice; or
(b) where his family, subsequent to his entry as apprentice, have become financially embarrassed owing to the death of the father.
(2) This allowance shall only be granted in special and urgent cases of distress.
Leave.
Leave shall be granted to apprentices under the same conditions as apply generally to other employees at H.M.A. Naval Yard, Sydney.
Refund of cost of taking up appointment.
101. An apprentice, on first taking up duty, may be refunded the amount, if any, by which the rail or steamer ticket from his home to the place of employment exceeds £3; provided that, in the event of his apprenticeship agreement not being completed after the probationary term of three months, a refund of the amount so paid shall be made by the apprentice.
appendix “a”
———
APPRENTICESHIP AGREEMENT.
The Apprentice
Father, Guardian, or next Friend.
This Agreement made the day of 19
between
of
born on the
hereinafter called “the Apprentice,” of the first part,
of
(the of the said
), of the second part, and
the Officer-in-Charge of His Majesty’s Australian Naval Establishment at , who with his successors in his said office or other person appointed from time to time to perform the duties of his said office, is hereinafter called “the Master” (for and on behalf of the Commonwealth of Australia), of the third part: Whereas the party of the second part has requested the master to take the apprentice as his apprentice, for the purposes and on the conditions hereinafter set out: And whereas the master has agreed so to do subject to the party of the second part entering into the agreements hereinafter set forth: And whereas the apprentice has voluntarily agreed to become apprentice to the master for the said purposes and on the said conditions: Now it is hereby agreed as follows:—
1. In consideration of the agreements of the master hereinafter contained the apprentice (with the consent and approbation of the said party of the second part, testified by his being a party hereto), doth by this Agreement, freely and voluntarily put and place himself apprentice to the master to learn and exercise the art or occupation of in the several branches or departments thereto in which apprentices are, or shall, or may be employed in His Majesty’s Australian Naval Establishment at or other places, as may at any time or times during the term of his apprenticeship, be directed by the Commonwealth Naval Board, to serve as an apprentice with and under the master for the use and benefit of the Commonwealth Naval Board, for and during, and unto the end of the full term of years, to be computed from the day of the date of entry on the Yard Books.
2. The apprentice and the party of the second part do severally hereby agree with the master that he the said apprentice shall and will during the said term faithfully and industriously serve the master, and also such persons as he the said apprentice may be placed under by the master, and obey all their respective lawful commands, orders, and directions, and will observe all rules and regulations which are or shall be from time to time made by the said Commonwealth Naval Board in respect of apprentices, and generally will diligently conduct himself, and use his best abilities and endeavours towards his improvement and perfection in the said art or occupation of and for the good and benefit of the Commonwealth Naval Board. And also that he the said apprentice shall not and will not at any time during the said term do, or willingly suffer to be done, any act or thing whatsoever whereby the goods and effects of the Commonwealth of Australia can, shall, or may in any wise be embezzled, injured, or damaged, or its officers or service defrauded, or otherwise prejudiced in any manner howsoever nor shall, nor will, at any time absent himself from the service or work without the leave of the master or any officers under whose authority he may be placed, nor contract marriage during the period of this Agreement; nor be guilty by word or action of any immoral, indecent, irregular, or improper conduct or behaviour in any respect whatsoever, but shall and will demean himself at all times with strict propriety and submission to his superiors.
The party of the second part doth hereby agree with the Master—
(1) That he the said party of the second part shall from time to time during the said term find and provide for the apprentice good and sufficient board, lodging, clothing and washing and all other necessaries proper to his personal accommodation and benefit, suitable to his said intended situation, and shall also provide such implements, working tools and instruments as the customs of the trade require to enable him to learn and practice the said art or occupation of
and
(2) If the master shall under clause 5 hereof have declared this agreement to be void for any of the following reasons, namely—
(a) That the said apprentice shall for the space of one week during the said term (unless disabled from work by sickness or accident, or unless from some other cause proved to the satisfaction of the master to be reasonable) have absented himself from his service and employment under this Agreement without the licence and consent of the master or other person authorized in that behalf, or
(b) That the said apprentice shall have neglected or been unfit to carry out the reasonable and necessary work required of him, or
(c) That the said apprentice shall have been guilty of embezzlement or other criminal conduct,
then he the said party of the second part shall forthwith—
(i) repay to the master the amount of all fees paid by or on behalf of the apprentice to any Trade School in respect of any trade classes attended by the apprentice during the currency of this agreement and refunded by the master or the Commonwealth, and
(ii) pay to the master the amount of all fees expended by the master or the Commonwealth during the currency of this Agreement for the attendance of the apprentice at any Technical College, and
(iii) pay to the master the amount of all fees expended by the master or the Commonwealth in payment of instructional allowances made to instructors at the Establishment where the apprentice is receiving instruction.
4. In consideration of all and singular the premises the master doth hereby agree with the apprentice and the party of the second part, and each of them that he, the said apprentice duly observing, performing, and keeping all the agreements on his part hereinbefore contained shall be properly taught and fully instructed in the said art or occupation of And shall during such time as he shall continue at his work be entitled to receive all the wages, emoluments, and advantages which the Commonwealth Naval Board shall from time to time think proper to allow to apprentices of his description.
5. It is hereby specially stipulated and agreed by and between the said parties hereto, that in case the said apprentice shall for the space of one week during the said term (unless disabled from work by sickness or accident, the latter arising in or from his employment) absent himself from his service and employment under this Agreement without the licence and consent of the master or other person authorized in that behalf, or shall neglect or be unfit to perform the reasonable and necessary work required of him, or shall be guilty of embezzlement or other criminal conduct, or shall for a period of six consecutive calendar months be disabled from work by sickness, or shall suffer from any disease or compaint that would render his continued employment dangerous to himself or his fellow employees, it shall be lawful for the master, the approval of the Commonwealth Naval Board having previously been obtained, to declare this Agreement to be void by notice in writing, signed by the master, and left at
the usual or last place of abode of the party of the second part, or if he be dead, or cannot be found, by exhibiting the said notice publicly in the Naval Establishment, and thereupon this Agreement shall be void accordingly.
In witness whereof the parties to this Agreement have hereunto subscribed their names the day and year first above written.
The apprentice.
Father, Guardian, or next Friend.
Master.
Brace indicating signature by the said in the presence ofSigned by the said
in the presence of
Brace indicating signature by the said in the presence ofSigned by the said
in the presence of
Brace indicating signature by the said in the presence ofSigned by the said
in the presence of
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.