Australian Broadcasting Commission (Staff) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE BROADCASTING ACT 1942-1953.*
Dated this fifteenth
day of February , 1955
W. J. Slim
Governor-General.
By His Excellency's Command,
(sgd) H.L.Anthony
Postmaster-General.
Amendments of the Australian Broadcasting Commission (Staff) Regulations.
(
a ) by inserting after the definition of "member of the Auxiliary Programme Staff" the following definition:—" 'salary' means standard salary as varied in accordance with regulation 23 of these Regulations;";
(
b ) by inserting after the definition of "senior officer" the following definition:—" 'standard salary' means the salary applicable to a position as determined by the Commission exclusive of variations of salary under regulation 23 of these Regulations;"; and
(
c ) by adding at the end thereof the following sub-regulation:—"(2.) For the purposes of ascertaining the current equivalent of a specified rate of standard salary, there shall be added to, or subtracted from, the amount so specified the amount of the increase or reduction, as the case may be, under regulation 23 of these Regulations.".
*
Notified in the
1949, No. 66; and 1951, No. 50.
58.—Price 8d. 10/16.11.1954.
Where maximum Standard Salary per annum of the Officer's Position is— | Capital City Bate. | Other than Capital City Rate | |||||||||||||||||
During first twenty-one days. | After first twenty-one days. | During first | After first twenty-one days. | ||||||||||||||||
Male. | Female. | Married Officer. | Unmarried Officer. | twenty-one days. | Married Officer. | Unmarried Officer. | |||||||||||||
Per day. | Per week. | Per week. | Per day. | Per week. | Per week. | ||||||||||||||
£ | £ | £ | £ | £ | |||||||||||||||
£620 and under .. | £577 and under .. | 1 | 14 | 0 | 9 | 5 | 0 | 6 | 0 | 0 | 1 | 9 | 0 | 7 | 5 | 0 | 4 | 14 | 0 |
£621 to £1,675 | £578 to £1,632 .. | 2 | 5 | 0 | 12 | 3 | 0 | 7 | 18 | 0 | 1 | 16 | 0 | 8 | 11 | 0 | 5 | 11 | 0 |
£1,676 and over .. | £1,633 and over .. | 2 | 15 | 0 | 15 | 15 | 0 | 10 | 5 | 0 | 2 | 7 | 0 | 11 | 9 | 0 | 7 | 9 | 0 |
(2.) The last preceding sub-regulation shall be deemed to have come into operation on the first day of July, 1954.
Type of Vehicle. | Bate of Payment. |
Motor truck of 1 ton capacity or over |
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Motor truck of less than 1 ton capacity |
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Motor car of 23 horse-power or over |
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Motor car of less than 10.5 horse-power |
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Motor cycle ...................... |
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Motor cycle with sidecar |
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Bicycle ............................. | 3d. per mile for each mile on any journey |
"79.—(1.) An officer may be called upon to perform temporarily the duties of an office having a higher classification than his own.
"(2.) Subject to this regulation, an officer who performs all the duties of a higher office shall be paid in respect of the performance of those duties an allowance equal to the amount of the difference between his salary and the salary that is the current equivalent of the minimum standard salary of the higher office.
"(3.) Unless the Commission in special circumstances otherwise determines, an officer who performs the duties of a higher office the maximum standard salary of which exceeds £764 per annum in the case of a male officer or £721 per annum in the case of a female officer, for a period of less than a week, shall not be paid an allowance, and that period shall not be included in any period of service for the purposes of this regulation.
"(4.) An officer who performs the duties of a higher office for a period of less than one day shall not be entitled to payment for that period and that period shall not be service in the higher office for the purposes of this regulation.
"(5.) Where an officer temporarily performs the duties of a higher office for a continuous period of more than twelve months after the date on which he first commenced to perform those duties, he may, after the completion of each period of twelve months' performance of those duties, be granted increments of allowance of the same amounts as are payable as increments of salary to an officer occupying the higher office.
"(6.) Where an officer temporarily performs the duties of a higher office in periods that are not continuous but aggregate in the total a period of more than twelve months, he may, at the completion of each such total period of twelve months, be granted an increment of allowance of the same amount as is payable as an increment of salary to an officer occupying the higher office if—
(
a ) in the case of the first increment, the total period of twelve months' performance of higher duties is completed within the period of twenty-four months that immediately precedes that completion; and(
b ) in the case of a subsequent increment the total requisite period of performance of higher duties is completed within the period of time equal to twice the total period of performance of duties of the higher office that immediately precedes that completion.
"(7.) For the purposes of the last two preceding sub-regulations, performance of the duties of another office having the same classification as, or a higher classification than, the higher office shall be deemed to be performance of the duties of the higher office.
"(8.)
Paragraph (
"(9.) For the purpose of determining the date from which an increment in an allowance is payable under this regulation, or whether service is continuous, absence on—
(
a ) public holidays;(
b ) recreation leave;(c) leave granted under the provisions of sub-regulation (1.), or paragraph (
a ) of sub-regulation (3.), of regulation 96 of these Regulations;(
d ) leave not exceeding in all six days in any twelve months granted under paragraph (b ) of sub-regulation (3.) of regulation 96 of these Regulations;(
e ) leave granted under the provisions of regulations 69, 70 or 92 of these Regulations;(
f ) leave granted under paragraph (a) of sub-regulation (1.) of regulation 97d of these Regulations or accident leave granted under an order or determination made by the Public Service Arbitrator;(
g ) sick leave not exceeding the periods specified in the next succeeding sub-regulation; and(
h ) other authorized leave not exceeding in all six days in any twelve months,
shall be deemed to be performance of duty in a higher office, if the officer resumes duty in the same office or another office of higher classification than his own at the expiration of the absence.
"(10.) For the purposes of the last preceding sub-regulation, sick leave means only such sick leave as is granted for the following periods:—
(
a ) leave not exceeding two weeks granted during the first period of twelve months' service, either continuous or in broken periods, in the higher office;(
b ) leave not exceeding four weeks granted during the second period of twelve months' service, either continuous or in broken periods, in the higher office, less any period of leave not exceeding two weeks granted during the first period of twelve months' service in the higher office; and(
c ) sick leave granted in any subsequent period of twelve months' service in the higher office not exceeding a period calculated on the basis of two weeks' leave for each completed period of twelve months' service in the higher office, less any period of leave granted during previous service in the higher office.
"(11.) Where an officer who is performing the duties of a higher office is permanently promoted to that office, he shall not suffer any reduction in his remuneration, and he may receive the same increments as if he had, during the period of his temporary service in the higher office, been the permanent occupant of that office.
"(12.) Where an officer is permanently promoted to an office and, prior to his promotion, has performed the duties of a higher office of the same classification as the office to which he is promoted but is not
performing those duties when he is promoted, the period for which he performed those duties shall be taken into account for the purposes of his incremental advancement in the same manner as it would have been taken into account under sub-regulation (5.) of this regulation if he had not been promoted.
"(13.) Where an officer who is, or has been, performing the duties of a higher office is promoted to an office which is of lower classification than the office the duties of which he is or has been temporarily performing, his remuneration upon promotion shall be the same as the remuneration which he would have received had his period of service in the higher office been service in the office of lower classification.
"(14.) Where an officer performs the duties of a higher office and is in receipt of a salary above the minimum salary payable to the occupant of the higher office, he shall, upon commencing to perform the duties of the higher office, be paid allowance at such rate as will cause the total remuneration to be the same as that which would have been payable under regulation 34 of these Regulations had he been permanently promoted to the higher office.
"(15.) Where an officer temporarily performs the duties of an office the conditions of service in which differ from those in the office normally occupied by the officer, he shall be subject to the first-mentioned conditions as though he were the permanent occupant of the office.
"(16.) Where an officer temporarily performs the duties of a higher office the maximum standard salary of which, including allowances in the nature of salary, is not less than £1,184 per annum in the case of a male officer or £1,141 per annum in the case of a female officer, the preceding provisions of this regulation do not apply, but the officer may be paid in respect of the performance of those duties an allowance of such amount, and subject to such conditions, as the Commission determines.
"(17.) Where an officer temporarily performs the whole or part of the duties of an office occupied by a senior officer, he may be paid in respect of the performance of those duties such allowance (if any) as the Commission determines.
"(18.) Where an officer temporarily performing the duties of a higher office does not perform all the duties of that office, he may be paid in respect of the performance of those duties an allowance of such amount and subject to such conditions as the Commission determines.
"(19.) Where an officer who has not attained the age of twenty-one years performs the duties of a higher office for which rates of salary payable to such an officer are not specifically prescribed, he shall be paid such allowance (if any) as the Commission determines.
"(20.) An allowance granted under this regulation shall be regarded as salary for the purpose of these Regulations.".
(2.) The last preceding sub-regulation shall be deemed to have come into operation on the seventh clay of September, 1953.
"80. Where a married male officer who has not attained the age of twenty-one years is in receipt of a salary at a rate less than the current equivalent of standard salary at the rate of £432, that officer may be paid an allowance of an amount equal to the difference between the rate of salary payable to him and that current equivalent of that standard salary rate.
"81. Where an officer is appointed or transferred to an office the duties of which necessitate his living away from home, he may be granted towards his subsistence such allowance as the Commission determines having regard to his salary and reasonable living expenses at the place to which he is appointed or transferred.".
(
a ) by omitting from sub-regulation (3.) the word "salary" (wherever occurring) and inserting in its stead the words "standard salary"; and(
b ) by omitting from sub-regulations (5.) and (6.) the words "salary (apart from any variations under regulation 23 of these Regulations)" (wherever occurring) and, inserting in their stead the words "standard salary".
(
a ) by omitting from sub-regulation (8.) the words "94 or 96, of these Regulations" and inserting in their stead the words "94, 96, 97, 97b, 97c or 97d of these Regulations"; and(
b ) by omitting from that sub-regulation the words "one and a half days" and inserting in their stead the words "one and a quarter days".
(2.) The
amendment effected by paragraph (
"96.—(1.)
The General Manager may grant to an officer who attends as a witness in
proceedings under the
"(2.) Leave of absence under the last preceding sub-regulation shall be granted—
(
a ) on full pay if the officer is stationed within a radius of fifteen miles of the place at which those proceedings are held;(
b ) on full pay if the officer is stationed beyond that radius and he has been served with asubpoena to attend or he produces a certificate of the Public Service Arbitrator, the Industrial Registrar or the Deputy Industrial Registrar that his attendance was essential to the proper presentation of the case by an organization; and(
c ) without pay in any other case.
"(3.) The General Manager may grant to not more than two representatives of an organization at any one time—
(
a ) leave of absence with pay for the purpose of appearing on behalf of that organization in proceedings under thePublic Service Arbitration Act 1920-1952 or in proceedings before the Industrial Registrar or a Deputy Industrial Registrar holding office under theConciliation and Arbitration Act 1904-1952; and(
b ) leave of absence without pay, not exceeding three months in any twelve months, for the purpose of preparing evidence for submission in those proceedings.
"(4.) A period of leave of absence granted to an officer under this regulation shall be included for all purposes as part of the officer's period of service.".
(2.) The last preceding sub-regulation shall be deemed to have come into operation on the thirteenth day of August, 1952.
"97.— (1.) A Branch Manager may grant to an officer of his Branch leave of absence on account of illness in accordance with this regulation.
"(2.) Leave granted under this regulation shall be granted—
(
a ) if the officer is eligible for the grant of a period of leave of absence on full pay—on full pay;(
b ) if the officer is eligible for the grant of a period of leave of absence on half pay but not on full pay—on half pay; or(c) in any other case—without pay.
"(3.) Unless the officer produces a certificate by a legally qualified medical practitioner or other evidence approved by the Branch Manager as to the officer's unfitness for duty, leave granted under this regulation shall, except as provided in the next succeeding sub-regulation, be without pay.
"(4.) It shall not be necessary for a medical certificate or other evidence of unfitness for duty to be produced in respect of an absence or absences not exceeding four days in the aggregate in any year of service.
"(5.) An officer is eligible for the grant of leave of absence on account of illness—
(
a ) on full pay for a period equal to the period by which the officer's credit for leave on full pay ascertained in accordance with the next succeeding regulation exceedsthe period for which he has, during his service after the commencement of this regulation, been granted leave of absence on account of illness on full pay; and
(
b ) on half pay for a period equal to the period by which the officer's credit for leave on half pay ascertained in accordance with the next succeeding regulation exceeds the period for which he has, during that service, been granted leave of absence on account of illness on half pay.
"(6.) Notwithstanding the preceding provisions of this regulation, if an officer, at any time during his first five years of service, is not eligible for the grant of leave of absence on full pay as provided in paragraph (a) of the last preceding sub-regulation, the Branch Manager may grant to the officer leave on full pay for a period which does not exceed the period which will next be credited to him in accordance with the next succeeding regulation in anticipation of that credit for leave.
"(7.) An officer who has been granted leave of absence on account of illness on a public holiday shall, if he was on duty on the working day immediately preceding, or is on duty on the working day immediately following, the holiday, be credited with leave on full pay for a period equal to the period of the holiday.
"(8.) Where an officer who is absent from duty on leave of absence for recreation is ill for a period of not less than four days, the officer may, on the production of a certificate by a legally qualified medical practitioner certifying that the officer has been unfit for duty for a period specified in the certificate, be granted leave of absence on account of illness for that part of the period specified in the certificate which is part of his leave of absence for recreation and the grant of leave of, of absence for recreation for that part of that period shall be cancelled.
"(9.) Where an officer is absent from duty on account of illness for a continuous period of thirteen weeks, a Branch Manager shall not grant further leave of absence under this regulation unless a Commonwealth Medical Officer certifies that the officer is unfit for duty.
"(10.) A Branch Manager shall not permit an officer who has been absent from duty on account of illness for a continuous period of not less than thirteen weeks to resume duty unless a Commonwealth Medical Officer certifies that the officer is fit for duty.
"(11.) Where an officer resumes duty after an absence on account of illness for a continuous period of less than thirteen weeks, the Branch Manager may, if he is of the opinion that the officer is unfit for duty, direct the officer to submit himself to examination by a Commonwealth Medical Officer.
"(12.) Where the Commonwealth Medical Officer certifies that the officer is unfit for duty, the officer shall absent himself from duty until a Commonwealth Medical Officer certifies that he is fit to resume duty.
"(13.) The period for which the officer is absent under the last preceding sub-regulation shall be deemed to be a period of leave of absence on account of illness granted under this regulation.
"97a.—(1.) An officer who was appointed on or before the first day of April, 1951, shall be credited with—
(
a ) on the date of commencement of this regulation—(i) the period for which he was entitled to be granted leave of absence on account of illness on full pay under the provisions of these Regulations as in force immediately before that commencement;
(ii) the period for which he was entitled to be granted leave of absence on account of illness on half pay under those provisions; and
(iii) the period for which he is deemed, under sub-regulation (6.) of this regulation, to be entitled to be granted leave of absence on account of illness on half pay; and
(
b ) a period of two weeks' leave on full pay and a period of two weeks' leave on half pay in respect of—(i) the period of twelve months of his service as an officer which ends on the anniversary, next after the commencement of this regulation, of his appointment as an officer; and (ii) each subsequent period of twelve months of his service as an officer.
"(2.) Where an officer was appointed on or after the second day of April, 1951, but before the commencement of this regulation—
(
a ) the officer shall, in lieu of any period for which he was entitled to be granted leave of absence on account of illness under these Regulations as in force immediately before that commencement, be credited, on that commencement, with—(i) the period by which a period of two weeks' leave on full pay exceeds the period or periods (if any) for which he has, during his service before that commencement, been granted leave of absence on account of illness on full pay; and
(ii) the period by which a period of two weeks' leave on half pay exceeds the period or periods (if any) for which he has, during that service, been granted leave of absence on account of illness on half pay and two-thirds of the period or periods (if any) for which he has, during that service, been granted leave of absence on account of illness on third pay; and
(
b ) the officer shall be credited with a period of two weeks' leave on full pay and a period of two weeks' leave on half pay in respect of—(i) the period of twelve months of his service as an officer which ends on the anniversary, next after the date of commencement of this regulation, of his appointment as an officer; and
(ii) each subsequent period of twelve months of his service as an officer.
"(3.) An officer who is appointed after the commencement of this regulation and was a temporary employee for a period exceeding twelve months immediately before his appointment as an officer shall be credited with—
(
a ) on his appointment as an officer—(i) the period for which he was entitled to be granted leave of absence on account of illness on full pay as a temporary employee immediately before his appointment as an officer;
(ii) the period for which he was entitled to be granted leave of absence on account of illness on half pay immediately before that appointment; and
(iii) the period (if any) for which he is deemed to be entitled to be granted leave of absence on account of illness on half pay under sub-regulation (6.) of this regulation; and
(
b ) a period of two weeks' leave on full pay and a period of two weeks' leave on half pay in respect of—(i) the period of twelve months of his service as a temporary employee and an officer which ends on the anniversary, next after his appointment as an officer, of the date on which he was appointed as a temporary employee; and
(ii) each subsequent period of twelve months of his service as an officer.
"(4.) An officer who is appointed after the commencement of this regulation and was a temporary employee for a period not exceeding twelve months shall be credited with—
(
a ) on his appointment—(i) the period by which a period of two weeks' leave on full pay exceeds the period or periods (if any) for which he has, during his temporary employment, been granted leave of absence on account of illness on full pay; and
(ii) the period by which a period of two weeks' leave on half pay exceeds the period or periods (if any) for which he has, during that temporary employment, been granted leave of absence on account of illness on half pay and two-thirds of the period or periods (if any) for which he has, during that temporary employment, been granted leave of absence on account of illness on third pay; and
(
b ) a period of two weeks' leave on full pay and a period of two weeks' leave on half pay in respect of—(i) the period of twelve months of his service as a temporary employee and an officer which ends on the anniversary, next after his appointment as an officer, of the date on which he was appointed as a temporary employee; and
(ii) each subsequent period of twelve months of his service as an officer.
"(5.) An officer who is appointed after the commencement of this regulation and who was not a temporary employee immediately before his appointment as an officer shall be credited with—
(
a ) a period of two weeks' leave on full pay and a period of two weeks' leave on half pay on his appointment as an officer; and (b ) a period of two weeks' leave on full pay and a period of two weeks' leave on half pay in respect of each completed twelve months of his service.
"(6.) Where an officer to whom sub-regulation (1.) or sub-regulation (3.) of this regulation applies, was, under the provisions of these Regulations as in force immediately before the commencement of this regulation, entitled to be granted leave of absence on account of illness on third pay, the officer shall, for the purposes of this regulation, be deemed to be entitled to leave of absence on account of illness on half pay for a period equal to two-thirds of the period for which he was entitled to leave of absence on third pay.
"97b.—(1.) Where the Commission decides to retire an officer of a Branch on the ground of illness, the officer shall not, except with his consent, be retired from the service of the Commission until the expiration of—
(
a ) so much of the period of leave on full pay for which he is eligible at the time of that decision under regulation 97 of these Regulations as does not exceed fifty-two weeks; or(
b ) where that period of leave on full pay would, but for this paragraph, expire on a day after the day on which he attains the age of sixty-five years—so much of that period of leave on full pay as will expire on the day on which he will attain that age.
"(2.) An officer shall not be credited with a period of leave in respect of his service after the decision to retire him.
"(3.) At the expiration of the period of leave on full pay granted to him under sub-regulation (1.) of this regulation, the officer shall be retired from the service of the Commission.
"97c. Where an officer who is temporarily located in the Territory of Papua or the Territory of New Guinea is granted leave of absence from duty on account of illness for a period in excess of the period of leave on full pay which has been credited to him, while so located, under regulation 97a of these Regulations, that officer is eligible for the grant of a period of leave of absence on account of illness on full pay equal to the period of that excess without deduction from his next accruing credit for leave on full pay.
"97d.—(1.) Where—
(
a ) an officer sustains physical injury while on duty or in circumstances in which an action of the officer is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration;(
b ) an officer suffers a breakdown in health and a Commonwealth Medical Officer certifies that the breakdown is due to overwork in connexion with his duties; or(c) an officer who has given loyal and valuable service to the Commission for not less than ten years becomes ill,
the Commission may, in addition to any leave of absence for which that officer is eligible under regulation 97 of these Regulations, determine from time to time the period of leave of absence on account of illness which may be granted to that officer and the conditions under which the leave is to be granted.
"(2.) Where—
(
a ) an officer who is granted leave of absence on account of illness is not eligible for the grant of leave with pay under regulation 97 of these Regulations; and(
b ) the Commission considers that, in view of his length of service, additional leave with pay should be granted to him,
the Commission may grant to the officer such additional leave on half pay as the Commission determines.".
(2.) The last preceding sub-regulation shall be deemed to have come into operation on the first day of October, 1951.
"100a.—(1.) The maximum period of continuous leave on account of illness which may be granted under these Regulations is—
(a) with pay—fifty-two weeks;
(
b ) without pay or with pay and without pay—seventy-eight weeks.
"(2.) If, at the expiration of the maximum period of leave under the last preceding sub-regulation, the Commission is satisfied that the officer is unable to resume his duties, that officer shall be retired from the service of the Commission.".
(2.) The last preceding sub-regulation shall be deemed to have come into operation on the first day of October, 1951.
Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.
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