Australian Broadcasting Commission (Staff) Regulations (Cth)
REGULATIONS UNDER THE AUSTRALIAN BROADCASTING ACT 1942-1946.*
in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
day of ,1947
By His Excellency's Command,
Postmaster-General.
AUSTRALIAN BROADCASTING COMMISSION (STAFF) REGULATIONS.
Part I.—Preliminary.
2. These Regulations shall come into operation on the twenty-seventh day of February, 1947.
4 These Regulations are divided into Parts, as follows :—Part I.—Preliminary.
Part II.—General Provisions.
Part III.—The Service of the Commission.
Division 1.—General.
Division 2.—Examinations and Appointments.
Division 3.—Promotions and Transfers.
Division 4.—Appeals against Promotions.
Division 5.—Appointments Advisory Committee.
Part IV.—Duties of Officers and Hours of Attendance.
Division 1.—Duties of Officers.
Division 2.—Hours of Attendance.
Part V.—Allowances and Overtime.
Part VI.—Leave and Holidays.
* Notified
in the
5121/42.—Price 1s. 6d. 10/4.2.1947.
Part VII.—Disciplinary Provisions.
Division 1.—Election of Officers' Representative on Disciplinary Appeal Board.
Division 2.—Procedure on Appeals to Disciplinary Appeal Board.
Division 3.—Offences.
Part VIII.—Temporary Employees.
Part IX.—Auxiliary Programme Staff.
Part X.—Miscellaneous.
5. In these Regulations, unless the contrary intention appears—" Branch Manager " means a manager of a branch of the Commission ;
"Controller of a Division " means the officer in charge of the Programme Division or the Administrative Division of the Commission, or the officer in charge of any other Division of the Commission ;
" Director of a Department " means the officer in charge of any of the following Departments of the Commission :—
Drama and Features ;
Variety;
Music;
News ;
Rural Broadcasts ;
Talks ;
Youth Education,
and, if the Commission so determines, the officer in charge of any other Department of the Commission ;
" officer " means officer of the Commission, but does not include the General Manager ;
" member of the Auxiliary Programme Staff " means a temporary employee of the Commission employed as a member of the Auxiliary Programme Staff referred to in Part IX. of these Regulations ;
" senior officer " means—
(a) the Assistant General Manager ;
(b) the Controller of a Division ;
(c) a Branch Manager ;
(d) the Director of a Department; and
(e) any other officer determined by the Commission to be a senior officer for the purposes of these Regulations ;" temporary employee " means a temporary employee of the Commission other than a member of the Auxiliary Programme Staff ;
" the Act " means the
Australian Broadcasting Act 1942-1946 ;" the Controller of Administration " means the officer in charge of the Administrative Division of the Commission ;
" the General Manager " means the general manager appointed, or deemed to have been appointed, under section 17 of the Act ;
" the previous Commission " means the Australian Broadcasting Commission constituted under the
Australian Broadcasting Commission Act 1932-1940.
(
a ) he may be granted sick leave and recreation leave as if his service with the previous Commission were service with the Commission ; and(
b )his service with the previous Commission shall, for the purposes of these Regulations, be deemed to be service with the Commission.
Part II.—General Provisions.
(2.) In these Regulations, any reference to a Branch Manager shall, in relation to an officer employed in the Head Office of the Commission, be read as a reference to the General Manager.
(3.) In the absence of the General Manager, his duties may be performed, and his powers and functions may be exercised, by the Assistant General Manager or, in his absence, by an officer appointed by the Commission for the purpose.
(2.) A Controller of a Division of the Commission shall be responsible to the General Manager for the proper supervision of his Division.
(3.) A Director of a Department of the Commission shall be responsible to the appropriate Controller of a Division for the proper supervision of his Department.
(2.) Any such delegation shall be revocable at will and no such delegation shall prevent the exercise of any power or function by the General Manager.
(
a ) condone any breach of the Act, of these Regulations, or of any rulings, orders or instructions issued by the Commission or the General Manager ; or(
b ) except in cases of urgency or compelling emergency, vary any such ruling, order or instruction, in which event he shall report the matter to the General Manager.
(2.) A Branch Manager shall, whenever necessity arises, report to the General Manager as to the alterations which, in his opinion, are necessary or expedient for the more economic or convenient working of the Branch or any section thereof, and shall also bring under the attention of the General Manager any matter, whether in relation to any officer or to the work of any section of the Branch, with which he thinks it desirable that the General Manager or the Commission should be acquainted.
(a) to create any new position in his Branch ;
(b) to abolish any position in his Branch ; or
(c) to reclassify any position in his Branch the duties of which have been sufficiently changed to justify that action.
(2.) Where the resignation of an officer is received by a Branch Manager, he shall forward it immediately to the General Manager, with such comment as he deems necessary, and with an intimation as to whether the officer's conduct is subject to disciplinary action.
(3.) An officer who has tendered his resignation shall not, until the resignation is accepted, cease to be an officer.
(2.) The card shall contain a complete record of the officer's official career, including his address, his age, the date of his appointment, and particulars of transfers, promotions, variations of salary, commendations, punishments, sick leave, recreation leave and other leave granted to him.
(3.) Where an entry of any punishment is made on a personal history card, the Commission shall furnish the officer with a copy of the entry,
(4.) Where an officer has been punished by caution, reprimand or a fine not exceeding One pound, the record thereof on the officer's personal history card shall not be kept for a period longer than two years and, in any matter affecting an officer, no record, report or other matter relating to such a punishment of over two years' standing shall be taken into consideration.
(5.) An officer who changes his address shall forthwith notify the Commission of his new address.
(2.) Upon being granted an order of discharge from his bankruptcy the officer shall submit the order to the Branch Manager.
(
a ) that the judgment has not been satisfied by the judgment debtor ; and
(
(2.) Upon the service upon him of a copy of a judgment and ft statutory declaration in pursuance of this regulation, the Branch Manager shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Branch Manager, 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 judgment debtor fails to prove to the satisfaction of the Branch Manager, within the time specified by the Branch Manager, that the judgment has been satisfied, the Branch Manager may from time to time deduct from the salary due to the judgment debtor such sums as, in his opinion, should, in the circumstances, be deducted and applied in reduction of the judgment debt or may direct the deduction therefrom of such sums and shall pay, or direct the payment of, those sums to the judgment creditor.
(4.) A deduction shall not be made which will reduce the amount to be received by the judgment debtor to less than Two pounds per week, or to less than one third of the amount which, but for this regulation, would be payable to the judgment debtor.
(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commission and the judgment debtor, be deemed to be a payment by the Commission to the judgment debtor.
(6.) Where copies oftwo or more judgments and the relative statutory declarations are served upon a Branch Manager in respect of one judgment debtor, the judgments shall he satisfied in the order in which the copies are served on the Branch Manager.
(7.) A person who has served a copy of a judgment on a Branch Manager in pursuance of this regulation shall notify the Branch Manager immediately the judgment is satisfied.
(8.) If any payment made to a judgment creditor in pursuance of this regulation exceeds the amount due under the judgment, so much of the excess as was paid to the judgment creditor shall be repaid by him 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.
(9.) The provisions of this regulation shall not apply in relation to an officer who is a bankrupt or who has entered into a scheme of arrangement or composition with his creditors or who has executed a deed of assignment for the benefit of his creditors or a deed of arrangement with his creditors.
(10.) In this regulation, " judgment " includes any decree, rule or order of a court.
Part III.—The Service of the Commission.
Division 1.—General.
The Administrative Division ;
The Programme Division ;
The Clerical Division; and
The General Division.
(2.) The Commission may, if it is satisfied with the conduct, diligence, efficiency and attendance for duty of an officer, grant such annual increments of salary (if any) as are applicable to the position occupied by that officer, but so that the salary of the officer shall not exceed the maximum salary of the position.
(3.) Where the salary of an officer is dependent on the age of the officer, the officer shall be paid the salary appropriate to his age notwithstanding that the conduct, diligence, efficiency or attendance for duty of the officer have been unsatisfactory.
(2.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 72.5, salaries payable to officers shall, as from the commencement of the first fortnightly pay period beginning in the month of May, or the month of November (as the case may be) next following be reduced by the appropriate amount shown in the following table (or any extension thereof) opposite the index number group within which the index number falls :—
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Adult males and married males under 21 years of age. | Adult females. | Unmarried officers under 21 years of age. | |
£ | £ | £ | |
Per annum. | Per annum. | Per annum. | |
70.2-72.4..................................................... | 6 | 4 | 3 |
67.9-70.1..................................................... | 12 | 8 | 6 |
65.6-67.8..................................................... | 18 | 12 | 9 |
63.3-65.5..................................................... | 24 | 16 | 12 |
61.0-63.2..................................................... | 30 | 20 | 15 |
(3.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 74.7, salaries payable to officers shall, as from the commencement of the first fortnightly pay period beginning in the month of May or the month of November (as the case may be) next following, be increased by the appropriate amount shown in the following table (or any extension thereof) opposite the index number group within which the index number falls :—
Index number groups. | Amount of increase in salary. | ||
Adult males and married males under 21 years of age. | Adult females. | Unmarried officers under 21 years of age. | |
£ | £ | £ | |
Per annum. | Per annum. | Per annum. | |
| 6 | 4 | 3 |
| 12 | 8 | 6 |
| 18 | 12 | 9 |
| 24 | 16 | 12 |
| 30 | 20 | 15 |
| 36 | 24 | 18 |
| 42 | 28 | 21 |
| 48 | 32 | 24 |
| 54 | 36 | 27 |
| 60 | 40 | 30 |
| 66 | 44 | 33 |
(4.) Any extension of the table specified in either of the last two preceding sub-regulations shall be of the same construction as that table.
(5.) For the purposes of these Regulations (other than the last preceding regulation), the salary of an officer shall be deemed to be his salary as varied in pursuance of this regulation.
Division 2.—Examinations and Appointments.
(
a ) for appointment to positions of Junior Clerk—a written examination conducted by the Commission in the subjects of English (comprising essay writing and precis writing), Arithmetic (comprising the full course, such as is usually contained in a standard treatise) and General Intelligence (designed to test the examinees' fitness and aptitude for appointment to the position) ;(
b ) for appointment to positions of Junior Typist—a written examination conducted by the Commission in the subjects of Typewriting, Shorthand, English Composition and General Intelligence (designed to test the examinees' fitness and aptitude for appointment to the position) ;(
c ) for appointment to positions of Junior Bookkeeping Machine Operator or Junior Comptometer Operator—a written examination conducted by the Commission in the subjects of Machine Operation and General Intelligence (designed to test the examinees' fitness and aptitude for appointment to the position) ;(
d ) for appointment to positions of Junior Telephonist—a written examination conducted by the Commission in the subjects of English, Hand-writing, Spelling, Elementary Arithmetic, Switchboard Operation and General Intelligence (designed to test the examinees' fitness and aptitude for appointment to the position) ; or(
e ) for appointment to the position of News Cadet (First Year)—a written examination conducted by the Commission in the subjects of English (comprising essay writing and précis writing) and General Intelligence (designed to test the examinees' fitness and aptitude for appointment to the position).
(
a )furnish to the Commission, or to such person as the Commission directs, an application in his own handwriting in accordance with a form determined by the Commission, together with a certificate as to his good character and industrious habits by his present or past employer, a clergyman, a school teacher, a Justice of the Peace or such other person as the Commission determines ; and
(
b ) pay an entrance fee of Five shillings.
(2.) A person who fails to comply with any provision of the last preceding sub-regulation shall not be entitled to present himself for examination.
(3.) The Commission may refund the entrance fee paid by a candidate for examination if the candidate was, for reasons which the Commission considers to be satisfactory, unable to attend the examination or if, for any other reason, the Commission considers a refund should be made.
(
a ) the salary applicable to the position to which the officer is appointed; or(
b ) where a range of salary is applicable to that position— such salary as is determined by the Commission, not exceeding the maximum salary of the range.
32. There shall be payable to any female officer who—(
a )has completed five years' continuous service with the Commission ;(
b )ceases to be an officer of the Commission upon her marriage ; and(
c ) is not eligible for, or has not been granted, leave or pay in lieu of leave under section 7 or 8 of theCommonwealth Employees' Furlough Act 1943-1944, or section 7 of theCommonwealth Employees' Furlough Act 1944,
a sum determined in accordance with the following table:—
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.. | One-twelfth of annual salary |
.. | One-sixth of annual salary |
.. | One-quarter of annual salary |
Division 3.—Promotions and Transfers.
(2.) Where two or more officers commenced or commence duty on the same day, their relative seniority shall be determined by the Commission.
(3.) Nothing in this regulation shall affect the authority, for the purposes of management or control, vested in an officer by virtue of his temporary or permanent office.
(2.) If any officer objects to a proposed transfer or change of station on the ground that it will involve him in pecuniary loss, or that the transfer or change is not to a position of equal status, or for some other cogent reason, he may apply for permission to decline the transfer or change of station.
(3.) If the Commission is satisfied that the objection is well founded, permission may be granted, without prejudice to the officer's right to future promotion or transfer.
(2.) All such exchanges shall be effected in the officers' own time and at their own expense.
(2.) Where, in any such case, the General Manager notifies the officer that the transfer will be for an indefinite period, the transfer shall, for the purpose of determining the officer's rights with respect to travelling allowance and the cost of removing the officer's family and furniture, be deemed to be a permanent transfer.
(2.) If an officer is transferred from one locality to another on account of misconduct, the officer shall, unless otherwise determined by the Commission prior to his removal, bear the whole cost of his removal.
(3.) Where an officer is transferred—
(
a ) in the interests of the Commission ;
(
(
c ) on account of illness due to causes overwhich the officer has no control, subject, if the General Manager thinks it necessary, to the production of satisfactory medical evidence,
the cost of removing the furniture and household effects (not exceeding an amount determined by the Commission) and the actual cost of the conveyance of the officer and of his wife and children (if any) shall be paid by the Commission.
(2.) Before removal is undertaken, the Branch Manager shall, wherever practicable, obtain quotations from at least two carriers and may authorize the acceptance of the more suitable.
(3.) Where an officer elects to dispose of his furniture and effects instead of removing them to his new station, the General Manager may authorize payment to the officer of an amount equal to the loss shown, to the satisfaction of the General Manager, to have been sustained by reason of the disposal, but not exceeding the cost of removal which would have been allowable under these Regulations.
(4.) Furniture shall, where practicable, be removed by railway if the cost is not greater than other means of conveyance.
(
a ) the officer cannot enter into occupation of a private residence in that locality by reason of unavoidable delay in the removal of his furniture and household effects ; or
(
(2.) For the purpose of the last preceding sub-regulation, an unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the General Manager, justify his being deemed to be a married officer, shall be deemed to be a married officer.
(2.) The appeal shall be lodged with the Chairman of the Promotions Appeal Board within twenty-one days after the date of the advice of the provisional promotion.
(3.) Upon the expiration of the period of twenty-one days referred to in the last preceding sub-regulation, the Chairman of the Promotions Appeal Board shall notify the General Manager whether or not an appeal has been lodged within that period and, if an appeal has been so lodged, shall notify the General Manager of the name of the appellant.
46. The procedure at meetings of the Promotions Appeal Board shall be as directed by the Chairman of the Board.
47. After an appeal has been determined by the Promotions Appeal Board, the Chairman of the Board shall forthwith furnish a statement of the determination under his hand to the General Manager and to the appellant.
Division 5.—Appointments Advisory Committee.
48.—(1.) For the purposes of these Regulations there shall be an Appointments Advisory Committee (in this Division referred to as "the Committee") consisting of three members, of whom two shall be senior officers and, in respect of any class of matters to be considered by the Committee, one shall be an officer who is a member of such organization as the Commission considers to be appropriate.
(2.) There may he, in respect of each member of the Committee, one or two substitute members.
(3.) The substitute member or members appointed in respect of a member of the Committee who is a senior officer shall be a senior officer and the substitute member or members appointed in respect of the member who is a member of an organization shall be an officer who is a member of that organization.
(4.) The members and substitute members of the Committee shall be appointed by the Commission and shall hold office during its pleasure.
(5.) A member or substitute member of the Committee who is a member of an organization shall be chosen from a panel submitted by that organization but the Commission shall have the right to reject any such panel and require a fresh panel to be submitted.
(6.) Where—
(
a )any member of the Committee is unable to attend a meeting of the Committee; or(
b ) any matter before the Committee affects an officer subject to the control of a member of the Committee, a substitute member appointed in respect of that member shall act as a member of the Committee at that meeting.
(7.) The Commission shall appoint a member of the Committee to be the chairman thereof.
(8.) In the absence of the chairman from any meeting of the Committee, the Committee shall elect a member to preside at that meeting.
(9.) In this regulation,
" organization " means an organization registered under the
(
a ) a person is appointed to a position in the service of the Commission, not being a position which the Commission considers to be a senior position or a position specified in regulation 25 of these Regulations ;(
b ) an officer (not being a senior officer) is transferred (except under section 17m of the Act) or promoted ;(
c ) a position in the service of the Commission is classified, not being a position which the Commission considers to be a senior position ;(
d )the salary, or the range of salary, applicable to any position (not being a position which the Commission considers to be a senior position) is raised or lowered ; or(
e ) an increment is granted to or withheld from an officer (not being a senior officer),
the Commission may refer the matter to the Committee for consideration.
(2.) The Committee shall make a recommendation to the General Manager with respect to any matter so referred to it, or with respect to any other matter relating to the service of the Commission which the Commission or the General Manager refers to the Committee for consideration, and may, of its own motion, make a recommendation with respect to any matter relating to the service of the Commission.
Part IV.—Duties of Officers and Hours of Attendance.
Division 1.—Duties of Officers.
(2.) A Branch Manager shall ensure that—
(
a ) if necessary, an officer under his control is supplied with written instructions as to his duties ;(
b ) a copy of all instructions of the Commission or the General Manager is supplied to each officer concerned ; and(
c ) an officer resuming duty after absence on leave or on official business shall acquaint himself with any amendments of the Act or of these Regulations made during his absence, or of any rulings, orders or instructions so issued which are applicable to him in the performance of his duties.
(2.) If any officer considers that he has grounds of complaint arising out of any such instruction, he may forward the complaint through his Branch Manager to the General Manager.
(3.) The officer shall, nevertheless, as far as possible, carry out any instructions which are given to him until they are countermanded or varied by a competent authority.
(
a )publicly comment on the administration of the Commission ; or(
b )use, otherwise than in the discharge of his official duties, any information gained by or conveyed to him through his connexion with the Commission.
(2.) The Branch Manager concerned may, where the services of an officer have been entirely satisfactory, give a reference or testimonial in accordance with a form approved by the Commission.
(2.) Nothing in the last preceding sub-regulation shall prevent the acceptance by an officer, with the permission in writing of the Branch Manager concerned, of a public testimonial presented on retirement from the service of the Commission, or upon removal from the locality in which he has been employed, or a presentation from fellow officers.
(
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 ;(
b ) accept or continue to hold or discharge the duties of, or be employed in, a paid office in connexion with any commercial business ;(
c ) engage in or undertake any such business, whether as principal or agent ;(
d ) engage or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any person so engaged ; or
(
e ) accept or engage in any remunerative employment other-wise than in connexion with his duties as an officer.
(2.) Nothing in this regulation shall prevent an officer from becoming a member or shareholder only of any incorporated company or society, but an officer 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.
(
a )be a party to any monetary transaction with another officer whether as principal or agent, whereby any interest or return in money or kind is charged or paid ; or(
b ) borrow money from another officer.
(2.) An officer required as a witness on behalf of the Commission shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence and, where the officer is required to travel, he shall be paid travelling allowance.
(3.) Unless the General Manager otherwise determines, an officer subpoenaed or called as a witness in any other circumstances shall be granted leave without pay, and any fees received by the officer as a witness may be retained by him.
70. —(1.) An officer summoned as a juror shall promptly notify the Branch Manager.
(2.) An officer so summoned shall he granted leave of absence for the period necessary for his attendance at the court, and the leave shall be granted with full pay, less any amount received by the officer as compensation for his attendance.
(2.) Where the nature of the duties of an officer or class of officers require attendance at times other than those specified in the last preceding sub-regulation, the Commission may determine the hours of duty of that officer or class of officers.
(2.) Every officer (except senior officers and such other officers as are exempted by the General Manager) shall record daily in an attendance book or other means of record provided, the actual time of his arrival on duty and his departure therefrom.
(3.) The exemption of an officer from the obligation to record his attendance shall not authorize that officer to absent himself from duty without permission or to leave his office or station within his hours of duty except on official business.
(
a )an officer arrives on duty more than five minutes after the appointed time for commencing duty ;(
b ) an officer is frequently late in arriving on duty, whether or not his arrival on duty is more than five minutes late ;(
c ) an officer leaves duty without authority before the appointed time for ceasing duty ;(d) an officer absents himself from duty without permission ;
(e) an officer leaves his office or station except on official business within his hours of duty ; or
(f) an officer records incorrectly the time of his arrival or departure,
the officer responsible for the use of the means of recording the attendance of officers shall report the conduct of the officer to the Branch Manager,
Part V.—Allowances and Overtime.
| Rate of allowance during first 21 days' residence in any one place. | Rate of allowance after first 21 days' residence in any one place. | ||||||
Married Officer. | Unmarried Officer. | |||||||
Per day. | Per week. | Per week. | ||||||
Per annum— | ||||||||
£400 and under.................................... | 15 | 0 | 70 | 0 | 50 | 0 | ||
£401 to £500....................................... | 17 | 6 | 80 | 0 | 60 | 0 | ||
£501 to £600....................................... | 20 | 0 | 90 | 0 | 70 | 0 | ||
£601 and over...................................... | 25 | 0 | 110 | 0 | 90 | 0 | ||
(2.) The rate of travelling allowance payable to the Assistant General Manager, the London Representative, a Controller of a Division. a Director of a Department, a Branch Manager and the Federal Concert Manager shall be as determined by the Commission.
(3.) Where travelling allowance has been paid for eight weeks' residence in one locality, the Commission shall review the matter and if, at that time or at any subsequent time, the Commission considers the amount excessive, it shall be discontinued or reduced to such an amount as the Commission thinks fit.
(4.) No allowance, other than for expenses necessarily incurred, shall be paid in any case where an officer is not required to be absent from his head-quarters overnight.
(5.) When an officer travels and the fare paid includes subsistence, he shall be paid one-quarter of the allowance which would otherwise he payable.
(6.) All travelling allowances shall be m addition to cost of conveyance.
(7.) The period for which travelling allowance may be claimed shall be computed from time of departure by, to time of arrival on return of, the train, steamer or other conveyance by which the officer travels :
Provided that, in the case of an officer travelling on permanent transfer, the period shall be computed to the time of arrival at the place to which he has been transferred.
(8.) Officers shall travel by such means of conveyance as the General Manager approves.
(9.) Where an officer stationed temporarily at any place and receiving travelling allowance, is required to visit any other place on official business, and thereby necessarily incurs extra personal expenses, he may be paid such additional allowance for the visit as the General Manager approves.
(10.) Where an officer who is absent from his head-quarters on duty is forced by illness not due to his own fault to take sick leave and he is unable to return to his own home, or, in the opinion of the Branch Manager, it is inexpedient for him to do so, he shall be paid an allowance equal to the cost to him of the illness, but not exceeding the amount to which he would have been entitled as travelling allowance if he had been on duty for the period of sick leave involved.
(11.) Where an officer who has been sent for duty at a temporary station returns to his home while on sick leave, payment of travelling allowance shall cease from the time of departure from the temporary station, but the cost of fares (not exceeding the cost which would have been involved in the officer's travelling between the temporary station and his head-quarters) to the officer's home and return to the temporary station, if he is required to resume duty at the temporary station, shall be borne by the Commission.
(12.) Subject to the next succeeding sub-regulation—
(
a )if an officer while on duty at a temporary station is entitled to travelling allowance and obtains leave of absence either with or without pay (other than sick leave under sub-regulation (10.) of this regulation) he shall not be paid travelling allowance in respect of his period of leave ; and(
b )travelling allowance shall not be paid for the period from the time of an officer's departure from a temporary station to the time of his return in any case where he—(i) leaves the temporary station prior to the time of commencement of leave of absence ; or
(ii) returns to the temporary station subsequent to the time of expiration of leave of absence.
(13.) Where an officer, while on duty at a temporary station, returns to his home or head-quarters for his own convenience for weekends or public holidays without expense to the Commission for conveyance, travelling allowance may be continued to the officer for a period not exceeding four calendar days' absence in the aggregate from his temporary station.
(14.) For the purpose of payment of travelling allowance, an unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the General Manager, justify his being deemed to be a married officer, shall be deemed to be a married officer.
(15.) Where the Commission is satisfied that, by reason of special circumstances, the travelling allowance which would otherwise be payable is insufficient to meet the expenses reasonably and necessarily incurred by an officer, the Commission may increase the allowance.
(16.) In cases where the General Manager considers it justifiable, the Commission may provide means of conveyance for an officer to or from his place of duty, or may pay to an officer taxi hire not exceeding the sum of Five shillings, to or from his place of duty,
Type of Vehicle. | Rate per Mile. |
Motor truck, 1 ton capacity or over.................................................... | 8 |
Other motor truck............................................................................... | ½d. per mile above rate for car of similar horse-power |
Motor car over 12 horse-power.......................................................... |
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Motor car over 8 horse-power but not over 12 horse-power.............. |
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Motor car 8 horse-power or under..................................................... |
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Motor cycle with side-car................................................................... |
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Motor cycle......................................................................................... |
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Bicycle................................................................................................ |
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(2.) The Commission may increase the rates prescribed by sub-regulation (1.) of this regulation in any case in which it is satisfied that they are inadequate.
(3.) An officer shall not be entitled to any payment under this regulation unless it is shown that the use of his motor truck, motor car or cycle results in a saving or greater efficiency than would he the case if other means of conveyance were employed.
(4.) Any payment or allowance made by the Commission to an officer in pursuance of these Regulations, or under the authority of the Commission, in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the- meaning of any State law relating to motor vehicles, transport or traffic, and the officer shall not be required to obtain any licence or permission or to pay any fee or tax under any State law by reason of the fact that he receives or is entitled to receive such a payment or allowance.
(
a ) an officer whose hours of attendance as determined by the Commission are between 7.30 o'clock in the morning and 6 o'clock in the afternoon, is required to attend for duty before 6.30 o'clock in the morning or to remain on duty after 6.30 o'clock in the afternoon ; or(
b ) an officer 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 by reason of that attendance it is necessary for him to purchase a meal away from home, he shall be paid a meal allowance in accordance with the following table :—
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(2.) In this regulation, " the usual time " means, in relation to an officer, the time at which that officer ordinarily commences duty or ceases duty as the case may be, in accordance with the determination of the Commission as to that officer's hours of duty.
(2.) Payment of an allowance under the last preceding sub-regulation shall not be made in respect of the first ten working days during which the officer performs the duties of the higher position in any year.
(3.) Where an officer has performed the whole of the duties of a higher position during the whole of a year and continues to perform those duties in the following year, the provisions of the last preceding sub-regulation shall not apply in relation to that following year, but if, in that following year, the officer ceases to perform those duties and subsequently re-commences to perform those duties, the provisions of the last preceding sub-regulation shall then apply.
(4.) An officer paid an allowance under this regulation may, after the completion of twelve months' continuous service in the higher position, be paid increments as though he occupied that position.
(5.) If an officer who is acting temporarily in a higher position is promoted to that position, he shall not suffer any reduction of salary, and shall be entitled to receive increments in the same manner as if his acting appointment had been permanent.
(6.) Where the range of salary of a higher position in which an officer is acting and the range of salary of his own position overlap, the officer shall, subject to sub-regulation (1.) of this regulation, be paid salary at such rate as the Commission determines, but not exceeding the maximum salary of that higher position.
(7.) Where an officer temporarily performs a portion of the duties of a position higher than his own position, he shall be paid such allowance as the Commission determines.
(8.) Notwithstanding the preceding provisions of this regulation, where an officer temporarily performs the whole or any portion of the duties of a senior officer, he shall be paid such allowance (if any) as the Commission determines.
(9.) Where an officer acts in a position the conditions of service in which are different from those of the position normally held by him he shall be subject to all the conditions of service in the position in which he is acting.
(10.) Allowances paid under this regulation shall be regarded as salary for the purposes of these Regulations.
(11.) In this regulation, " year " means the period commencing on the first day of January in any year and ending on the thirty-first day of December in that year.
(2.) An officer who attends for duty on a Sunday or holiday when so required shall be paid, in respect of that attendance, at the rate of double time.
(2.) Overtime shall be payable—
(
a ) in respect of attendance before 8 o'clock in the morning, or after 6 o'clock in the afternoon, on Monday to Friday ;(
b ) in respect of attendance in excess of thirty-eight hours per week between 8 o'clock in the morning and 6 o'clock in the afternoon on Monday to Friday ; and(
c ) in respect of attendance on Saturday.
(3.) Subject to the next succeeding sub-regulation, overtime shall be calculated, to the nearest quarter of an hour, at the rate of time and a half, but—
(
a ) the aggregate of salary and overtime paid to an officer in respect of any fortnightly pay period shall not exceed an amount equivalent to a fortnight's salary at the rate of Seven hundred and sixty-eight pounds per annum, as varied in accordance with regulation 23 of these Regulations ; and(
b )the rate of salary of an officer in receipt of salary at a rate exceeding Four hundred and fifty pounds per annum shall be deemed to be Four houndred and fifty pounds per annum.
(4.) Where an officer who has ceased work for the day is recalled for duty, the period of that duty and the time necessarily spent in travelling to the, place of duty and returning to his home shall be paid for as overtime.
(5.) An officer whose salary (apart from any variation under regulation 23 of these Regulations) exceeds Seven hundred and sixty-eight pounds per annum, and an officer not working under close supervision or whose hours of duty cannot be definitely determined, shall not be entitled to payment for overtime unless the Commission otherwise determines.
(6.) An officer whose salary (apart from any variation under regulation 23 of these Regulations) exceeds Seven hundred and sixty-eight pounds per annum, and whose hours of duty can be definitely determined, shall be granted time off in lieu of overtime.
(7.) Time, off so granted shall not exceed seven days in any year and shall not accumulate from year to year.
(8.) For the purposes of calculating the time off, two half days shall be deemed to be the equivalent of one day.
Part VI.—Leave and Holidays.
(2.) At the discretion of the Branch Manager, leave in respect of absence which is not on official business may be granted with or without pay, or may be deducted from recreation leave, but where the leave is not so deducted and payment is made for overtime worked during the six days succeeding the leave, the period of leave, or where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.
(2.) If an officer is prevented by illness or other emergency from attending duty, he shall forthwith report the fact to the officer under whose control he is placed and the first-mentioned officer shall furnish, in the case of illness, such evidence as is prescribed and, in the case of emergency, such evidence as the Branch Manager considers necessary.
(2.) The period of leave which may be so granted shall, subject to these Regulations, be three weeks (exclusive of public holidays) in each year.
(3.) Where the Commission is satisfied that the duties of an officer cannot be performed within the usual hours of attendance for duty and no compensation in time or money is provided for the officer, the period of recreation leave which may be granted may exceed three weeks but shall not exceed four weeks.
(4.) An officer shall not be granted recreation leave until he has completed twelve months' service.
(5.) Each Branch Manager shall, wherever practicable, make arrangements whereby each officer in his Branch is granted recreation leave annually.
(6.) If leave is not taken in the year in which it accrues it shall, unless the Branch Manager otherwise directs, lapse, but, subject to these Regulations, recreation leave shall not, unless the Commission for some special reason otherwise determines, be accumulated for more than two years.
(7.) Recreation leave for any year shall not be taken in the year preceding the year in which it falls due.
(8.) Where an officer, since his last recreation leave, or, if the officer has not previously had recreation leave, since the date of his appointment, has been absent from duty for any cause (otherwise than on leave under regulation 69, 70, sub-regulation (1.) of regulation 92, or regulation 94 or 96, of these Regulations) for more than twenty-two working days in one or more periods, the period of recreation leave which may be granted to him shall be subject to a deduction of one and a half days for each twenty-two working days' absence after the first twenty-two working days.
(9.) A deduction shall not be made under the last preceding sub-regulation in respect of absence for which leave has been granted—
(
a )where the Branch Manager is satisfied that the officer's absence is the direct result of illness due to war service or an injury sustained while on duty ; or(
b )in circumstances in which the action of the officer is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration.
(10.) Where an officer who has been employed for not less than six months is retired on the ground that a greater number of officers is employed than is necessary, the General Manager may grant to that officer recreation leave for the period which bears to three weeks the same proportion as any period of service in respect of which the officer is not otherwise entitled to recreation leave bears to twelve months.
(11.) For the purpose of calculating recreation leave due to an officer who, prior to his appointment to the service of the Commission, was a temporary employee or a member of the Auxiliary Programme Staff, his service as such an employee or member shall, if continuous with his service in the service of the Commission, be taken into account.
(2.) Leave of absence under this regulation shall be granted for such period and upon such terms and conditions as the Commission determines.
(2.) An officer whose resignation is accepted while he is on recreation leave for the current year may be permitted to complete the leave before his services terminate.
(3.) Recreation leave which has been deferred from a previous year to suit the Commission's convenience may also be granted under this regulation.
(2.) Leave of absence so granted shall, subject to these Regulations, be without pay.
(3.) An officer who is granted leave under this regulation shall, if the pay in respect of the first sixteen days of his service as a member of the Defence Force is less than his pay as an officer for that period, be paid an amount equal to the difference.
(4.) The period during which an officer is. absent on leave granted under this regulation shall be included for all purposes as part of the officer's period of service.
(2.) In addition to leave granted under the last preceding sub-regulation, a Branch Manager may grant any officer leave of absence not exceeding three days in any period of twelve months subject to deduction of the period of leave from the officer's next recreation leave.
(2.) The Commission may grant to any officer leave of absence without pay—
(
a ) where the leave of absence is for the purpose of enabling the officer to pursue a course of study or undertake research work relating to the duties of his office—for any period not exceeding three years ; or(
b )where the leave of absence is for any other purpose—for any period not exceeding twelve months.
(3.) The period during which any officer is absent on leave granted under the last preceding sub-regulation shall not, unless the Commission otherwise determines, be included for any purpose as part of the officer's period of service.
(2.) The last preceding sub-regulation shall apply only to an officer stationed in the metropolitan area of a capital city in which the hearing takes place, or, subject to the production of a certificate of the Public Service Arbitrator or the Industrial Registrar that attendance was essential to the proper presentation of the ease by an organization, or upon subpoena requiring the attendance of an officer, to an officer stationed beyond a radius of fifteen miles of the capital city.
(3.) The General Manager may grant leave of absence
without pay to an officer who is a representative of an organization for the
purpose of preparing evidence for submission in any proceedings under the
(4.) Leave shall not be granted under the last preceding sub-regulation to more than two representatives of an organization at any one time and the period of leave so granted shall not exceed three months in any twelve months.
(5.) Any period during which an officer is absent on leave granted under this sub-regulation shall be included for all purposes as part of the officer's period of service.
(2.) 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 so granted shall, except as provided in the next succeeding sub-regulation, be without pay.
(3.) 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 period of twelve months.
(4.) An officer absent from duty on recreation leave who becomes ill for a period of not less than ten days may, on production of a certificate by a legally qualified medical practitioner, be granted sick leave in accordance with the provisions of this regulation and recreation leave equivalent to the period of sick leave shall be cancelled.
(5.) The basis for determining the leave which may be granted shall be ascertained by crediting officers with periods of leave, which shall be cumulative, in accordance with the following table :—
| Leave on Full Pay. | Leave on Half Pay. | Leave on Third Pay. |
Working days. | Working days. | Working days. | |
On date of appointment.............................................. | 5 | 3 | 3 |
On completion of six months' service.......................... | 5 | 3 | 3 |
On completion of twelve months' service .................... | 10 | 6 | 6 |
On completion of each additional twelve months' service...... | 10 | 6 | 6 |
(6.) Where officers are required to attend for duty on six days per week—
(
a ) sick leave granted in respect of any portion of a week shall be calculated on an hourly basis ; and(
b ) sick leave granted for one or more complete weeks shall be calculated on the basis of five days in respect of each week.
(7.) To determine the leave for which an officer is eligible under this regulation, the leave which 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 sub-regulation (5.) of this regulation, and the period remaining at each rate of pay shall be the amount of leave for which the officer is eligible.
(8.) In the event of the retirement of an officer under these Regulations on the ground of illness, the retirement shall not, except with the consent of the officer, be effected until the officer's credit of leave on full pay is exhausted :—
Provided that—
(
a ) the continuous period for which an officer may be granted leave on full pay immediately prior to retirement shall not exceed fifty-two weeks ;(
b ) a further credit of leave shall not accrue to an officer subsequent to the date of the decision to retire him ; and(
c ) in no case shall an officer be entitled to sick leave extending beyond the day immediately preceding the sixty-fifth anniversary of his birth.
(9.) The maximum period of leave allowable with pay in respect of any continuous period of absence through illness shall be fifty-two weeks.
(10.) An officer who has exhausted all leave allowable with pay may be granted leave without pay but the maximum period of leave allowable with pay and without pay, in respect of any continuous period
of absence, shall not exceed seventy-eight weeks. If the officer is not then fit to resume duty, he shall be retired from the service of the Commission.
(11.) Where an officer has been absent through illness for thirteen weeks continuously, the grant of further leave shall be subject to the officer being examined by a Commonwealth Medical Officer.
(12.) An officer who has been absent from duty on account of illness for a continuous period of not less than thirteen weeks shall not be permitted to return to duty unless a Commonwealth Medical Officer has certified that he is fit to resume duty.
(13.) Where an officer resumes duty after a period of continuous absence, due to illness, of less than thirteen weeks, the Branch Manager may, if he is of the opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a Commonwealth Medical Officer, and if the examination discloses that the officer is unfit to resume duty, the Branch Manager shall grant such further leave of absence on account of illness as the medical report indicates is necessary.
(14.) Notwithstanding anything contained in this regulation, where—
(
a ) an officer sustains physical injury while on duty, or in circumstances in which the 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 ; or(
c ) an officer has given loyal and valuable service to the Commission for not less than ten years,
the Commission may 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 may be granted.
(2.) Upon receipt of the medical report the Branch Manager 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.
(2.) Leave of absence so granted shall be regarded as leave of absence on account of illness, but the officer may elect that the whole or any portion thereof shall be deducted from any recreation leave which is due to him instead of being regarded as leave of absence on account of illness.
(3.) Leave of absence under this regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.
(2.) Where a Branch Manager, or any officer approved for the purpose by the Branch Manager, has occasion for doubt as to the cause of the illness or the reason for absence of an officer, he may request a Commonwealth Medical Officer to visit and examine the officer, or may direct the officer to attend on the Commonwealth Medical Officer for examination.
Part VII.—Disciplinary Provisions.
(2.) Each nomination shall be in writing signed by not less than ten officers of the Commission and shall he accompanied by a written statement from the nominee signifying his consent to the nomination and his willingness to act if elected.
(3.) Any officer who has attained the age of twenty-one years shall be eligible for nomination.
(2.) If two or more officers are nominated, a poll of officers shall be held to decide the election.
(3.) The nominations shall be notified to all branches of the Commission and a secret ballot shall be held at each branch not later than the first day of May following the calling for nominations.
(2.) A Deputy Returning Officer (who shall be an officer) shall be appointed at each branch of the Commission at a meeting of the officers of the branch specially called for the purpose by the Branch Manager.
(2.) The Returning Officer may, with the approval of the General Manager, make arrangements to enable officers who are not able to vote at their respective branches to vote by post.
(2.) The provisions of the
(3.) If any question arises as to the admissibility of any ballot-paper, the question shall be determined by the Returning Officer, whose decision shall be final.
(2.) The Returning Officer shall give to each scrutineer at least two days' notice of the date on which he proposes to count the votes.
(2.) If the officers' representative or the deputy of the officers' representative ceases to be an officer of the Commission, he shall forthwith cease to be a member of the Board.
(2.) A by-election shall be conducted in accordance with the provisions of this Division, but the dates for the calling of nominations, for the return of nominations, for the poll, and for the notification of the result of the election, shall be fixed by the General Manager.
(2.) The appeal shall be lodged with the Chairman of the Board within fourteen days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.
(3.) The Chairman of the Board shall fix a time and place for the hearing of the appeal and shall cause notice thereof to be given to the members of the Board, to the appellant and to the Commission.
(2.) The Chairman of the Board may direct that further particulars be furnished, and the Commission shall furnish further particulars accordingly,
(2.) A copy of any such statement shall he furnished by the appellant or the Commission as the case may he, to the other party.
(3.) The Board may direct that any statement lodged under the provisions of this regulation shall he in the form of a statutory declaration.
(2.) The Chairman may by writing under his hand, summon any person to attend the Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.
(3.) A summons under the last preceding sub-regulation shall be served personally or by leaving it at the usual place of abode of the person to whom it is addressed.
(4.) A person served with a summons to attend the Board shall not without reasonable excuse, fail to attend the Board or to produce any documents, books or writings in his custody or control which he is required by the summons to produce.
(5.) It shall be a defence of a prosecution for an offence arising under the last preceding sub-regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Board.
(6.) A person appearing as a witness before the Board shall not refuse—
(a) to be sworn or to make an affirmation; or
(b) to answer any question relevant to the matter before the Board put to him by a member of the Board.
(7.) Nothing in this regulation shall be taken to require a person to answer any question which would tend to criminate him.
(8.) A witness before the Board shall not knowingly give false testimony in any evidence given by him to the Board.
(2.) The Commission may be represented by not more than one counsel or solicitor, or by an officer appointed for the purpose by the General Manager, who may examine witnesses and address the Board on behalf of the Commission.
(2.) The person so appointed shall take evidence of the appellant or witness on oath or affirmation and for the purpose of so doing shall have all the powers of the Chairman of the Board.
(3.) Any party to the appeal shall be entitled to be represented, in the manner provided by regulation 123 of these Regulations, before any person taking evidence in pursuance of this regulation.
(4.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board and considered by it in connexion with the appeal.
(5.) Nothing in this regulation shall prevent an appellant from appearing in person at the hearing of the appeal by the Board.
(2.) The Board may make a recommendation under the last preceding sub-regulation whether or not the appeal was successful.
(
a )wilfully disobeys or disregards any lawful order, instruction or direction applicable to him ;(b) is negligent or careless in the performance of his duties; or
(c)contravenes or fails to comply with any of the provisions of those Regulations,
shall be guilty of an offence prejudicial to the good order and discipline of the Commission.
(2.) If the Controller of Administration considers that the offence has been committed, he may, subject to sub-regulation (4.) of this regulation—
(
a ) caution or reprimand the officer; or(
b ) fine the officer an amount not exceeding One pound.
(3.) Any decision of the Controller of Administration under tie last preceding sub-regulation shall be reviewed by the General Manager, who may confirm, annul or vary the decision of the Controller.
(4.) If the Controller of Administration considers that the offence has been committed but constitutes misconduct within the meaning of section 17n of the Act, the matter shall be dealt with under the succeeding provisions of this Division.
(2.) If the Branch Manager considers that the misconduct is of such a nature that the officer should not continue in the performance of his duty he may, prior to, at the time of or subsequent to, the laying of a charge, suspend the officer.
(3.) Upon receipt of the copy of the charge, the officer shall forthwith state in writing to the Branch Manager whether he admits or denies the charge and may give an explanation with respect thereto.
(4.) If the officer does not admit the charge within seven days after the copy thereof is furnished to him, he shall be deemed to deny the charge.
(5.) The Branch Manager shall then forward to the Controller of Administration a report on the matter, together with a recommendation as to the action which, in the opinion of the Branch Manager, ought to be taken, and the reply and explanation (if any) received from the officer.
(6.) The Controller of Administration shall consider the reports and recommendations relating to the charge and the reply and explanation (if any) received from the officer together with any further reports which the Controller of Administration sees fit to obtain, and, if the officer has not admitted the charge, the Controller of Administration shall report to the General Manager whether or not, in the opinion of the Controller of Administration, the charge has been sustained.
(7.) If the officer has admitted the charge or the General Manager, after considering the report of the Controller of Administration, considers that the charge has been sustained, the General Manager shall report the matter to the Commission together with a recommendation as to the action which, in his opinion, ought to be taken.
(8.) The Commission shall consider the reports and recommendation relating to the charge and the reply and explanation (if any) of the officer charged, together with any further reports which the Commission sees fit to obtain, and, if the officer has not admitted the charge, determine whether or not the charge has been sustained.
(9.) If the officer has been suspended, the Controller of Administration or the General Manager may at any time remove the suspension, and if the General Manager considers that the charge has not been sustained, or the Commission determines that the charge has not been sustained, the General Manager shall forthwith remove the suspension.
(2.) If, upon the hearing of the charge by any court, the officer is found guilty of the offence, the Branch Manager may charge the officer with misconduct under the last preceding regulation.
(3.) If the officer is found not guilty of the offence, or the Branch Manager does not charge the officer with misconduct under the last preceding regulation, the Branch Manager shall, if the officer has been suspended, forthwith remove the suspension.
(2.) The General Manager shall forthwith furnish the officer with a copy of the charge and the officer shall forthwith state in writing to the General Manager whether he admits or denies the charge and may give an explanation with respect thereto.
(3.) If the officer does not admit the charge within seven days after the copy thereof is furnished to him, he shall be deemed to deny the charge.
(4.) The General Manager shall then forward a report to the Commission as to the matter, together with a recommendation as to the action which, in his opinion, ought to be taken.
(5.) The Commission shall consider the report and recommendation relating to the charge and the reply and explanation (if any) of the officer charged together with any further reports which the Commission sees fit to obtain and, if the officer has not admitted the charge, shall determine whether or not the charge has been sustained.
(6.) If the officer has been suspended, the Commission may remove the suspension pending the determination of the charge, and if the Commission determines that the charge has not been sustained, the Commission shall, if the officer is still suspended, immediately remove the suspension.
(2.) If, upon the hearing of the charge by any court, the officer is found guilty of the offence, the General Manager may charge the officer with misconduct under the last preceding regulation.
(3.) If the officer is found by the court to be not guilty of the offence or the General Manager does not charge the officer with misconduct under the last preceding regulation, the General Manager shall, if the officer has been suspended, forthwith remove the suspension.
Part VIII.—Temporary Employees.
(2.) The Commission shall keep in each State a register of applicants for temporary employment and each application under the last preceding sub-regulation shall be recorded in the appropriate register and shall be considered, as to suitability, in order of registration.
(2.) The provisions of sub-regulations (8.) and (9.) of regulation 89 of these Regulations shall be applicable in relation to recreation leave granted under this regulation.
(3.) Where leave under this regulation has been deferred and it is not possible to grant the leave before the termination of employment, or if, on the completion of twelve months' service, the services of the employee are no longer required, the employee shall be paid an amount equivalent to the pay for the period of leave deferred.
(4.) Where the appointment of a temporary employee who has been employed for not less than six months is terminated on the ground that a greater number of persons is employed than is necessary, the General Manager may grant to that temporary employee recreation leave for the period which bears to three weeks the same proportion as any period of employment for which the temporary employee is not otherwise entitled to recreation leave bears to twelve months.
(2.) Where the employee has not completed twenty-six days' actual duty, the Branch Manager may, if he is satisfied that the absence is due to illness, grant the employee leave of absence without pay.
(3.) Where the employee has completed twenty-six days' actual duty, the Branch Manager may, if he is satisfied that the absence arose from illness due to causes beyond the employee's own control, grant leave of absence—
(
a )with pay, at the rate of one day for each twenty-six days of service in respect of which sick leave with pay has not been previously granted ; and(
b ) without pay, at the rate of two days for each twenty-six days of service, except during the first twelve months of service, when leave not exceeding twenty-four days may be granted.
(4.) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions during the previous twelve months :
Provided that, in the case of an employee who has completed at least twelve months' continuous service, it shall not be necessary for a medical certificate to be produced in respect of an absence or absences not exceeding four days in the aggregate in any period of twelve months.
(5.) Where an employee has completed a period of twelve months continuous employment he shall, as from the completion of that period, and so long as he is continuously employed, be eligible for sick leave as though he had been permanently appointed at the commencement of that period of twelve months, subject to a deduction from the sick leave for which he thereby becomes eligible of any sick leave that has been granted during that period.
(6.) Leave allowable under this regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
(7.) Where an employee has exhausted all sick leave with pay to which he is entitled under this regulation and where satisfactory medical evidence is produced that the illness is due to war service, the Branch Manager may grant further sick leave with half pay for a period not exceeding six days in any twelve months, or, in the case of an officer required to attend for duty on the five days from Monday to Friday (inclusive), five days in any twelve months.
(2.) Where the employee has not completed fifty-two days' actual duty, the Branch Manager may grant leave without pay.
(3.) Where the employee has completed fifty-two days' actual duty the Branch Manager may grant leave at the rate of one day with pay and two days without pay for every twenty-six days' service, but not more than six days with pay and twenty-four days without pay shall be granted in respect of any twelve months' service.
(4.) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions during the previous twelve months :
Provided that, in the case of an employee who has completed at least twelve months' continuous service, it shall not be necessary for a medical certificate to be produced in respect of an absence or absences not exceeding four days in the aggregate in any period of twelve months.
(5.) Where an employee has completed a period of twelve months' continuous employment he shall, as from the completion of that period, and so long as he is continuously employed, be eligible for sick leave as though he had been permanently appointed at the commencement of that period of twelve months, subject to a deduction from the sick leave for which he thereby becomes eligible of any sick leave that has been granted during that period.
(6.) Leave allowable under this regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
Part IX.—Auxiliary Programme Staff.
(2.) Members so appointed shall hold office during the pleasure of the Commission.
(2.) The Commission shall keep in each State a register of applicants for employment as members of the Auxiliary Programme Staff and each application under the last preceding sub-regulation shall foe recorded in the appropriate register and shall be considered, as to suitability, in order of registration.
recreation leave for the period which hears to three weeks the same proportion as any period of employment for which the member is not otherwise entitled to recreation leave bears to twelve months.
Part X.—Miscellaneous.
(2.) The sick leave which may be granted under this regulation shall be in addition to the sick leave which may be granted under the other provisions of these Regulations.
(3.) For the purposes of this regulation war service shall include service as a war correspondent.
FIRST SCHEDULE.
Oath.
I, A.B., do swear that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
Affirmation.
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom,
Australian Broadcasting Commission.
I [
(Signature of Officer.)
Declared before me at this
day of 19 .
A Justice of the Peace.
A Commissioner for Declarations.
By Authority: L. P. Johnston, Commonwealth Government Printer, Canberra.
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