Civilian Staff Regulations (Cth)
STATUTORY RULES.
REGULATIONS FOR CIVILIAN STAFF (OTHER THAN GOVERNMENT FACTORIES) UNDER DEFENCE ACT.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council hereby make the following Regulations
under the
Dated this twenty-second day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
for Minister of State for Defence.
Definitions.
“The Act” means the
Defence Act 1903-18.“Minister” means the Minister of State for Defence;
“Secretary” means the Secretary to the Department of Defence.
“Chief Officer” means the Secretary to the Department of Defence; the Captain Superintendent His Majesty’s Australian Naval Establishments, Sydney, New South Wales; the Commandant of a Military District; the Commandant of Royal Military College as regards officers or employees appointed to the College;
“Officer” means a person who is employed in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a permanent capacity in connexion with the Department of Defence and who is appointed by the Governor-General, and shall include persons appointed by the Governor-General to be foremen in Government Munitions Establishments.
C.18463.—Price 1s.
“Employee” means a person (other than an officer) who is employed, in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a civil capacity in connexion with the Department of Defence.
(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power, function, or authority by the Minister.
Responsibility of Secretary.
Staff Committee.
(2) The Minister may appoint a Chairman of the Committee.
(3) The Staff Inspector shall make such inspections and inquiries as may be necessary for the information of the Secretary or of the Committee, and shall prepare agenda for the meetings of the Committee.
Public Service Act and Regulations.
Provided that where in the Public Service Act or Regulations it is prescribed that any action shall be taken by or any power shall be vested in the Public Service Commissioner such action shall be taken by or such power shall be vested in the Secretary:
Provided
further that in this application of section 50 of the
Returns to be Furnished.
Nature. | To whom to be Forwarded. | Date to be Forwarded. | |||
Return of Officers over60 years of age | Secretary......................... | April of each year | |||
Return of Temporary Employees | Secretary......................... | Three weeks before end of quarter | |||
Return of Overtime and Sunday Pay | „ | ........................ | Within seven days after quarter | ||
| Secretary......................... | Within seven days after month | |||
Return of Fines and Punishments................ | ,, | ........................ | ,, | ,, | |
| ,, | ........................ | ,, | ,, | |
Return of Changes, Permanent Staff | „ | ........................ | ,, | ,, | |
Hours of Business.
(2) The hours of attendance of artisans’ labourers and similar classes shall be from 8 a.m. to 5 p.m., with an interval of one hour for luncheon, except on Saturdays, when the hours of attendance shall be 8 a.m. to 12 noon.
(3) Where the nature of the work or the location of the office will not, in the public interest, admit of the general observance of this regulation, the Chief Officer shall recommend, and the Secretary shall prescribe, the hours of attendance.
(4) The hours of attendance of foremen employed in Government Munitions Establishments shall be 48 per week and shall be worked on six days per week, Monday to Saturday inclusive—eight and three-quarter hours Monday to Friday inclusive, and four and one-quarter hours on Saturday—such hours to be worked between the hours of 7 a.m. to 5.30 p.m. on Mondays to Fridays inclusive, and 7 a.m. to 12.30 p.m. on Saturdays.
Provided that, if necessary, there may be shift work, and in such cases the hours for any one shift shall not exceed eight and three-quarter hours.
Provided further that the Minister may fix less than 48 hours as a week’s work.
Recording Time.
C.18463.—2
Absence from Work.
Deduction for Absence without Leave.
(2) The whole or any part of any pay deducted in pursuance of the last preceding sub-regulation from the salary or wages of any officer or employee may, however, be paid to that officer or employee at the discretion of the Secretary.
Conviction of Offence.
Insolvent Officers or Employees.
(2) If it appears to the Court that the applicant has been guilty of fraud, dishonorable conduct, or extravagance, the Court shall direct the Clerk of the Court thereupon to report the same to the Secretary.
(3) In addition to compliance with sub-regulations (1) and (2) hereof, the officer or employee shall within seven days of the date of sequestration give to the Chief Officer written notice thereof, with a statement of the causes of his embarrassment.
(4) The Chief Officer shall forward the notice and statement, with any remarks he desires to make thereon, to the Secretary.
(5) Upon being granted a certificate of discharge by a Court of Bankruptcy or Insolvency, an officer or employee shall submit such certificate to the Chief Officer.
(6) If the officer or employee does not apply as aforesaid for a certificate of discharge, or if he applies, and it appears from the report that the officer or employee has been guilty of fraud, dishonorable conduct, or extravagance, the Secretary may impose a penalty or reduce him to a lower Division, status and/or salary, or punish him in such other manner as the case demands, or the Governor-General, or the Minister, as the case may require, may dismiss him.
Attachment of Salaries of Officers or Employees.
(2) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this section, the Paying Officer shall as soon as practicable notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Paying Officer, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3) If the officer or employee fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied the Paying Officer may from time to time deduct from any moneys due to the officer or employee such sums as are in his opinion necessary to enable the judgment to be satisfied, and shall pay those sums to the judgment creditor.
Provided that in no case shall a deduction be made which, will reduce the amount to be received by the officer or employee to less than £2 per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the officer or employee.
(4) Where more than one judgment and statutory declaration are served upon a Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.
(5) A payment made to a judgment creditor in pursuance of this section shall, as between the Commonwealth and the officer or employee, be deemed to be a payment by the Commonwealth to the officer or employee.
(6) A person to whom any payment has been made in pursuance of this section shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.
Penalty: £50 or imprisonment for three months.
(7) If any payment made in pursuance of this section exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any Court of competent jurisdiction.
(8) The foregoing provisions of this section shall not apply in relation to any officer or employee whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.
(9) In this section “the Paying Officer” means the officer of the Department who pays to the officer, in relation to whom the expression is used, the salary or wages due to him by reason of his employment in the Department.
Attaining of Sixty Years of Age.
Obligations of Officers or Senior Employees.
Breach of Regulations to be Reported.
Applications—How to be Made.
Performance of Duties.
Subordination of Officers and Employees.
Information not to be Given.
Outside Influence.
Public Property.
Borrowing or Lending Money.
Duty after usual Hours.
Overtime.
(
a ) In the case of officers and employees whose hours of attendance are defined by regulation or otherwise, and who work ordinarily for eight hours a day or less, overtime shall be time worked in excess of eight hours a day.(
b ) In the case of officers and employees whose hours of attendance are defined by regulation or otherwise, and whose regular term of daily duty exceeds eight hours a day, overtime shall be time worked on any day in excess of the regular hours of duty, provided also that in any case, except where otherwise prescribed, time worked in excess of forty-eight hours per week shall be regarded as overtime.(
c ) In cases where officers and employees are required to work on a Saturday, or some other day in lieu thereof, for portion of a day only, time worked in excess of the usual hours of duty on such day shall be regarded as overtime, provided that in any case where the usual hours of duty on such day are less than four hours, overtime payment shall only be made for time worked in excess of four hours. This provision shall only apply to cases where overtime is computed on a daily basis.(
d ) When overtime is computed on a weekly basis, and a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer or employee on such half-holiday, holiday, or holidays is not required, a deduction at the rate of one-twelfth for a half-holiday, and one-sixth for each holiday, shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.
The minimum rate of payment shall be 1s. 6d. per hour. A fraction of a penny in the hourly rate shall not be regarded in computing overtime payment unless it exceeds a halfpenny, when one penny shall be allowed in lieu of the fraction. Overtime shall be calculated to the nearest quarter of an hour in the total amount of time to be claimed.
(2) An allowance paid to an officer or employee for the performance of the duties of a position of a higher class or grade than that in which the officer is classified shall be regarded as salary for the purpose of computing overtime payment.
(3) An officer in receipt of salary of over £450 per annum shall not be entitled to overtime payment.
Meal Allowance.
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(2) A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay the meal allowance may be granted instead of overtime pay.
Sunday Pay.
(2) In cases where the officer or employee is on duty on seven or more consecutive days, in consequence of having to work on the Sunday, he shall be allowed one and a half day’s pay for a day of seven hours, and a proportionate amount for less than seven hours. An officer or an employee may be required to work up to eight hours without further payment, but time worked in excess of eight hours shall be paid for at the same rate.
(3) In cases where the officer or employee is on duty on not more than six consecutive days, in consequence of having to work on the Sunday, he shall be allowed half a day’s additional pay for a full day and proportionate part for less than a full day.
(4) Except with the approval of the Secretary, this regulation shall not apply to officers or employees in receipt of a salary in excess of £450 per annum.
Overtime and Sunday Pay—Authority for Payment.
District Allowances.
Sunday Work.
Officers or Employees to Obey Summons.
(2) Every officer or employee appearing before the Secretary, or the Staff Committee, or any person or persons nominated by them (whether summoned or attending voluntarily) shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.
(3) No officer or employee shall be compelled to answer any question tending to incriminate him.
Guaranteed Offices.
Liability on behalf of the Government not to be Incurred.
Performance of Work outside Government Service.
(
a ) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation; or(
b ) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or(
c ) engage in or undertake any such business, whether as principal or agent; or(
d ) engage or continue in the private practice of any profession; or(
e ) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or(
f ) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him, either in or out of office hours, in connexion with the Government Service:
Provided that nothing herein contained shall be deemed to prevent an officer or employee from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of accoutrements, ammunition, cloth, clothing, explosives, guns, gun carriages, harness and saddlery, or small arms.
(2) All applications for permission to engage in the performance of work outside the Government Service shall be made to the Chief Officer, who shall forward same, with his report, to the Secretary.
Quarters.
Retention of Pension Rights.
Travelling Allowances.
Salary. | Allowance, first two weeks’ residence in same place in— | Allowance after two weeks’ residence in same place in— | Hourly Rate. | |||||||
Capital Cities. per day. | Other than Capital Cities. per day. | Capital Cities. per week. | Other than Capital Cities. per week. | |||||||
1-24th of daily rate or 1-168th of weekly rate | ||||||||||
£372 and under | 14 | 6 | 12 | 0 | 42 | 0 | 35 | 0 | ||
£373 to £450 | 15 | 6 | 13 | 0 | 48 | 0 | 40 | 0 | ||
£451 to £550 | 17 | 6 | 14 | 6 | 60 | 0 | 50 | 0 | ||
£551 to £650 | 19 | 6 | 16 | 6 | 72 | 0 | 60 | 0 | ||
£651 and under £800 | 22 | 0 | 18 | 6 | 84 | 0 | 70 | 0 | ||
£800 and under £1,000 | 25 | 0 | 21 | 0 | 96 | 0 | 80 | 0 | ||
£1,000 and over | 30 | 0 | 25 | 0 | ( | ( | ||||
(
(2) The minimum travelling allowance payable to officers acting as members of an Appeal Board or a Board of Inquiry shall be at the rate of 15s. a day.
(3) Where allowance has been paid to an officer or employee under this regulation for eight weeks’ residence in one locality, the Chief Officer shall submit the case to the Secretary for review. No such allowance shall be continued beyond three months without the concurrence of the Secretary, and if, upon review, the Secretary considers the amount excessive it shall be discontinued or reduced to such amount as the Secretary thinks fit.
(4) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer or employee is not required to be absent from his head-quarters over night.
(2) Where an officer or employee is provided with subsistence and lodging, the Secretary shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale of travelling allowances, according to the period of residence in the same place.
(3) Where an officer or employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Secretary may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, and by not more than two-thirds where subsistence only is provided.
(2) In the case of officers or employees supervising contracts who are required to camp on the work, and are supplied with camp equipment and meals, no allowance shall be paid whilst so engaged. If meals are not supplied, allowance of 25s. per week shall be paid.
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Provided that this sub-regulation shall not apply to an officer while relieving at a station the location of which does not necessitate his absence from home overnight.
(2) An officer or employee temporarily transferred to perform duty at another station or stations involving absence from home for a period of not less than six weeks shall, subject to the provisions of sub-regulation (3) of regulation 39, be paid an allowance as prescribed in the last preceding sub-regulation, provided—
(
a ) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid;(
b ) that a period of not less than three weeks elapses between the time of an officer’s or employee’s first arrival in, and time of ultimate departure from, any town;(
c ) that where an officer or employee is required to leave his temporary head-quarters for a period of not more than one week and has to continue payment for board andlodging at his temporary head-quarters during his absence, he shall be paid travelling allowance during absence as provided by sub-regulation (1) of regulation 39, in addition to the allowance under this regulation; and
(
d ) that this regulation shall not apply to cases of officers or employees temporarily required to perform duty in a capital city.
(2) When a temporary employee absent from his head-quarters and in receipt of travelling or relieving allowance is forced by illness not due to his own fault to cease duty, he may be paid an allowance under similar conditions to those provided in the last preceding sub-regulation: provided that the maximum period in respect of which the allowance may be paid shall be six days.
(3) The operation of this regulation shall be subject to the conditions contained in sub-regulation (3) of regulation 39.
Travelling Time.
(
a ) Travelling time for the purpose of this clause means time necessarily spent by an officer or employee who is on duty away from his usual station in travelling in excess of his usual hours of duty for the day.(
b ) It includes the time during which an officer or employee has to wait for trains at a junction station, and in waiting for trains or other scheduled conveyances between the advertised and actual time of departure.(
c ) It does not include any time of travelling in which an officer or employee is required to perform any duty.(
d ) It does not include the time spent in travelling by sea; nor in a train between 10.30 p.m. and 7 a.m., where a sleeping berth is provided.(
e ) It includes time spent in travelling on transfer in all cases where transfer expenses are allowed except where such transfer involves promotion which carries increased pay.(
f ) No claim for travelling time shall be admitted unless the travelling time exceed one half-hour in any one day.(
g ) No claim for travelling time shall be admitted for more than five hours in any one day.(
h ) Officers in receipt of a salary exceeding £450 per annum shall not be entitled to claim for travelling time.
A “day” means from midnight to midnight.
Child Endowment Allowance.
To each officer or employee who is married or a widower or widow, and who is the father or step-father or mother or step-mother of dependent children under the age of fourteen years and who is in receipt of salary at a rate less than £500 per annum, the sum of £13 per annum in respect of each such child so dependent. A similar allowance may, on the approval of the Secretary, be granted to any officer or employee in respect of orphan or adopted children under the age of fourteen years who are dependent upon and maintained by that officer or employee. Provided that the total sum per annum paid to any officer or employee under this paragraph shall not exceed the amount by which the salary per annum of the officer or employee falls short of £500;
(2) It shall be the duty of each officer or employee who is in receipt of allowance under the provisions of sub-regulation (1) of this regulation, immediately to notify the Chief Officer in the event of his becoming ineligible under the prescribed conditions for the payment of allowance or any portion thereof.
(3) The allowances specified in this regulation shall not be payable to officers or employees who are paid outside trade rates, except in such cases and to such extent as the Secretary determines.
(4) In this regulation salary includes such allowances in the nature of salary as are determined by the Secretary.
Mode of Travelling.
Whenever an officer or employee does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance upon furnishing receipts for such payment. Receipts will not be required for any amounts not exceeding Five shillings.
Conveyance of Officers and Employees Transferred.
(
(
(
a ) in the public interest;(
b ) to meet the convenience of the Department, or in the ordinary course of promotion;(
c ) on account of illness, due to causes over which the officer or employee has no control, provided a medical certificate be furnished to the effect that a change is needed to restore health,
the actual cost of conveyance of such officers and employees, as well as that of their wives and children, will be paid by the Department.
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(2) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.
(3) Where exceptional circumstances can be shown to exist, a reasonable amount in excess of the maximum under these Regulations may be authorized by the Secretary.
(2) The Secretary may, in lieu of cost of removal, authorize payment of an amount less than the maximum prescribed for removal expenses to compensate for loss in any case where an officer or employee elects to dispose of his furniture and effects instead of removing them to his new station.
(3) An officer or employee shall not be entitled to any compensation from the Government for losses or damages arising from removal.
(4) Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.
(5) Vouchers must be produced for all sums paid.
Public Holidays.
First day of January.
Twenty-sixth day of January.
Christmas Day and the following day.
Good Friday and the following Saturday and Monday.
The anniversary of the birthday of the Sovereign.
The 25th day of April and any day proclaimed by the Governor-General or required by any Act to be observed in lieu of any of the said days.
(2) Whenever any of the said days, except the 25th day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in lieu of such Sunday.
(3) In addition to the days mentioned in sub-regulation (1) of this regulation there may be observed as public holidays or half-holidays such additional days or half-days, not exceeding in the whole, four days in any one calendar year as are authorized by the Minister.
(4) In addition to the days hereinbefore named any specified day or half-day proclaimed by the Governor-General as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof may be observed as a holiday or half-holiday in the locality in respect of which the holiday or half-holiday is proclaimed.
(5) The Minister or the Secretary may require an office or any part thereof to be kept open in the public interest for the whole or any portion of a holiday obsrved in pursuance of sub-regulation (1), (2), or (4) of this regulation and may require the attendance and services of any officer or employee during that holiday, but in that case the officer or employee shall be granted an amount equal to a day’s salary calculated in the manner prescribed in regulation 56 if a full day’s attendance has been required and a proportionate amount if less than a full day’s attendance has been required.
Provided that no proportionate payment shall be less than one half-day’s salary calculated in the manner prescribed in regulation 56.
Provided further that the payment of any amount in consequence of the attendance and services of an officer or employee on any holiday granted in pursuance of sub-regulations (1), (2), or (4) of this regulation shall if the salary of the officer or employee concerned exceeds £450 be subject to the approval of the Secretary.
(6) Where the attendance and services of any officer or employee are required during any holiday or half-holiday authorized under the provisions of sub-regulation (3) of this regulation, that officer or employee shall be granted a period off duty in lieu of the holiday or half-holiday or portion of a holiday so worked and the period off duty shall be added to the officer’s next ensuing recreation leave.
Provided that no period off duty in respect of work performed on any holiday shall be less than one half-day.
Provided further that the allowance of any period off duty in consequence of the attendance and services of an officer or employee on any holiday granted in pursuance of sub-regulation (3) of this regulation shall if the salary of the officer or employee concerned exceeds £450 be subject to the approval of the Secretary.
(2) The hourly rate of salary shall be calculated in accordance with the following formula:—
(3) For the purpose of sub-regulations (1) and (2) of this regulation salary shall include allowance for the performance of higher duties.
Leave of Absence for Recreation.
(2) Officers and employees absent without leave the day before or after such recreation leave shall not receive pay for such recreation leave.
Furlough.
Provided that an officer or employee shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.
(2) When an officer or employee who has continued in the Government Service for at least twenty years is retiring from the Government Service, the Minister may authorize payment to him upon retirement of a sum equivalent to the amount of salary that would have been received by him during such leave of absence as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.
(3) Upon the death of any officer or employee who at the date of his death was eligible under this regulation for the grant of leave of absence, the Minister may authorize payment to the dependants of the officer or employee of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer or employee had he retired immediately prior to the date of his death.
(4) Notwithstanding anything contained in this regulation—
(
a ) there shall not be granted under this regulation, in respect of the service of any officer or employee, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;(
b ) except upon the retirement of an officer or employee who has attained the age of 60 years, leave of absence for recreation shall not be granted in respect of the year in whichleave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:
Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s or employee’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and
(
c ) the official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.
(5) This regulation shall be deemed to have commenced on the thirtieth day of November, One thousand nine hundred and nineteen.
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(2) In lieu of leave in accordance with the last preceding sub-regulation the Minister may authorize payment to an officer or employee, eligible for leave in pursuance of that sub-regulation upon his retirement from the Government Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer or employee could have been granted under that sub-regulation.
(3) Where an officer or employee who is less than 60 years of age retires from the Government Service after less than twenty years’ service, and produces to the Minister satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his own control, the Minister may authorize payment to the officer or employee of a sum equivalent to the salary for a period of leave not exceeding that for which, had be attained the age of 60 years, he would have been eligible under sub-regulation (1) of this regulation.
(4) In the event of the death of an officer or employee before he has completed twenty years’ service in the Government Service and either before or after he has attained the age of 60 years, the Minister may authorize payment to the dependants of the officer or employee of a sum equivalent to the salary for the period of leave which the officer or employee would have received had he been eligible for, and granted, leave of absence under sub-regulation (1) of this regulation.
(5) The official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.
Leave of Absence for Military Purposes.
(
a ) in cases where such absence is necessary to enable the member to fulfil the course of training prescribed in Part XII. of theDefence Act 1903-1918;(
b ) to enable them to attend Schools of Naval or Military Instruction.
(2) Such leave may, at the option of the officer or employee be deducted from annual or accumulated leave, and in respect of the period so deducted shall be granted on full pay; otherwise, it shall be granted without pay unless the daily pay of the officer or employee computed by dividing his annual salary by 313 exceeds his daily pay as a member of the Defence Force, when leave may be granted with pay at the rate of such excess.
War Service.
Extended Leave without Pay.
Leave of Absence on ground of Illness or Injury.
(2) Subject to sub-regulation (1) of this regulation where sick leave is granted without the production of a medical certificate or other evidence approved by the Secretary, such leave shall be without pay.
(
(
Provided that, in the case of an officer or employee who was appointed before the commencement of this regulation, the leave of absence to be deducted shall be the leave of absence granted within seven years preceding the date of commencement of this regulation, together with any leave granted since such date:
Provided further that no deduction shall be made in the case of a returned soldier in respect to leave granted within three years after the date of his discharge from the Expeditionary Forces.
(
Provided that the maximum period allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks.
(
Provided that in respect to any continuous period of absence, leave with pay and without pay shall not exceed seventy-eight weeks.
(
(2) Upon the commencement of this regulation, a record shall be made as soon as practicable, calculated as provided in this regulation, of the leave for which the officer is eligible, and such record shall be amended from time to time as becomes necessary by recording any further leave granted the officer and the leave for which he is still eligible in accordance with his length of service.
(2) The granting of such further leave shall be subject to the officer or employee being examined by a Commonwealth medical officer or other medical practitioner approved by the Secretary.
Provided that where an officer or employee resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Chief Officer may, if he is of opinion that the officer or employee is not fit to resume duty, direct him to submit himself for examination by an approved medical officer or practitioner, and if the examination discloses that the officer or employee is unfit to resume duty, the Chief Officer shall grant such further leave of absence on account of illness as the medical report indicates as necessary.
(2) Upon receipt of the medical report the Chief Officer may direct the officer or employee 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 or employee’s absence shall be regarded as absence on leave owing to illness.
(2) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer or employee to resume duty, having regard to the restrictions imposed by law.
(2) Where the Chief Officer, or any officer approved by the Chief Officer, has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a medical practitioner to visit and examine the officer or employee, or may direct such officer or employee to attend on a medical practitioner for examination.
(3) If the report of the medical practitioner is not favorable to the officer or employee concerned, or if the officer or employee is not available for examination at the time of the medical practitioner’s visit without, in the opinion of the Chief Officer, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer or employee and be deducted from his salary.
(4) The fee for examination if conducted at the medical practitioner’s rooms shall be 10s. 6d., but if the medical practitioner is required to visit the officer the fee shall be £1 1s.:
Provided that where the distance travelled would, in the opinion of the Chief Officer, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Chief Officer and the medical practitioner.
(5) The fee shall be paid to the medical practitioner unless he be a permanent officer of the Service, when it shall be paid into the Consolidated Revenue.
(6) An officer or employee shall submit himself to medical examination, when required to do so, by a medical practitioner selected by the Secretary.
Officers or Employees Injured in the Performance of their Employment.
(i) The words “Two thousand pounds” be substituted for the words “Five hundred pounds” in Section 1 (
a ) (i).(ii) The words “gross negligence or” inserted in Section 4 (2) (
b ), after the word “his.”(iii) The words “such weekly payment not to exceed Forty shillings” omitted from paragraph (1) (
b ) of the First Schedule.
EMPLOYEES—GENERAL DIVISION.
Appointment of Employees.
Qualifications of Candidates.
(1) Youths not exceeding eighteen years of age who have passed the Commonwealth Public Service Examination for the General Division, or its equivalent in standard, and produce satisfactory references from their Area Officers and previous employers, if any.
(2) Members or ex-members of the Defence Force, or any Expeditionary Force raised under
Defence Act 1903-18, whose ages do not exceed fifty years, and who produce satisfactory references.(3) Persons possessed of special qualifications for the duties required to be performed, whose ages do not exceed fifty years, and who produce satisfactory references.
(4) Members of the Defence Force of any age, but not exceeding sixty-five years, who occupy positions designated in regulation 85.
Vacancies to be Advertised.
Medical Fitness for Appointment.
Conditions of Appointment.
Appointment on Probation.
Retention of Previous Salary.
Classification of Employees—General Division.
Office. | Salary. | |||
Minimum. | Maximum. | Increments. | Remarks. | |
£ | £ | £ | ||
Assistant— | ||||
| 95 | 149 | .. |
|
At 18—£107 | ||||
At 19—£125 | ||||
At 20—£149 | ||||
Assistant— | ||||
| 204 | 239 | 1 of 5 | |
5 of 6 | ||||
| 166 | 202 | 6 | |
Assistant, Senior— | ||||
| 251 | 275 | 6 | |
| 214 | 238 | 6 | |
Caretaker— | ||||
| 227 | 239 | 6 | Advancement to next grade is not of right. |
| 245 | 263 | 6 | |
| 281 | 317 | 12* | |
Gardener | 227 | 233 | 6 | |
Inquiry Officer.............................................. | 281 | 365 | 12* | |
Labourer......................................................... | 204 | 227 | 1 of 5 | |
3 of 6 | ||||
Messenger...................................................... | 77 | 149 | .. |
|
At 17— £95 | ||||
At 18—£107 | ||||
At 19—£125 | ||||
At 20—£149 | ||||
Classification of Employees—General Division—
Office. | Salary. | Remarks. | ||
Minimum. | Maximum. | Increments. | ||
£ | £ | £ | ||
Messenger— | ||||
| 204 | 239 | 1 of 5 | |
5 of 6 | ||||
| 245 | 263 | 6 | |
| 245 | 317 | 4 of 6 | |
4 of 12* | ||||
Telephonist— | ||||
| 83 | 140 | .. |
|
At 18—£101 | ||||
At 19—£128 | ||||
At 20—£140 | ||||
| 166 | 190 | 6 | |
Telephonist— | ||||
| 101 | 158 | .. |
|
At 18—£113 | ||||
At 19—£134 | ||||
At 20—£158 | ||||
| ||||
| 227 | 245 | 6 | |
| 95 | 149 | .. |
|
At 18—£107 | ||||
At 19—£125 | ||||
At 20—£149 | ||||
Typist— | ||||
| 204 | 233 | 1 of 5 | |
4 of 6 | ||||
| 166 | 202 | 6 | |
| 245 | 263 | 6 | |
| 216 | 239 | 3 of 6 | |
1 of 5 | ||||
Ordnanceand Store Staffs. | ||||
Armourer— | ||||
| 240 | 264 | 8 | |
| 280 | 296 | 8 | |
Chief Armourer— | ||||
| 348 | 372 | 12 | |
| 312 | 348 | 12 | |
| 312 | 336 | 12 | |
Laboratory Foreman...................................... | 299 | 335 | 12* | |
Storeman, Assistant....................................... | 233 | 239 | 6 |
|
| 251 | 269 | 6 | |
| 275 | 287 | 6 | |
Storeholder— | ||||
| 299 | 335 | 12* | Advancement to next grade is not of right. |
| 341 | 381 | 20* | |
Rifle Range Staff. | ||||
Inspector— | ||||
| 341 | 395 | 18* | |
| 409 | 479 | 1 of 16* | |
3 of 18* | ||||
Classification of Employees—General Division—
Office. | Salary. | Remarks. | |||
Minimum. | Maximum. | Increments. | |||
£ | £ | £ | |||
Range Assistant— | |||||
| 227 | 233 | 6 | ||
| 233 | 245 | 6 | ||
Ranger.............................................................. | 251 | 263 | 6 | ||
Range Superintendent.................................... | 293 | 329 | 12* | ||
Range Clerk..................................................... | 281 | 347 | 12* | ||
Inspection Staff. | |||||
Assistant Inspector— | |||||
| 413 | 521 | 18* | ||
| 371 | 449 | 2 of 18 | ||
1 of 6 | |||||
2 of 18 | |||||
Chief Examiner, Small Arms Factory, Lithgow | 347 | 371 | 12 | ||
Proof Master, Small Arms Factory, Lithgow | 347 | 371 | 12 | ||
Overlooker, Small Arms Factory, Lithgow | 305 | 341 | 12 | ||
| 347 | 371 | 12 | ||
| 293 | 329 | 12 | ||
Viewer.............................................................. | 269 | 287 | 6 | ||
Examiner of Stores— | |||||
| 257 | 269 | 6 |
| |
| 281 | 317 | 12* | ||
| 323 | 347 | 12* | ||
Royal Australian Navy. | |||||
Chart Corrector............................................... | 323 | 347 | 12* | ||
TRADESMEN | |||||
Artisan.............................................................. | 286 | 302 | 8 | ||
Blacksmith....................................................... | 280 | 296 | 8 | ||
Blacksmith’s Striker...................................... | 236 | 252 | 8 | ||
Carpenter......................................................... | 286 | 302 | 8 | ||
Carpenter (Senior).......................................... | .. | 322 | .. | ||
Saddler............................................................. | 266 | 282 | 8 | ||
Saddler (Senior).............................................. | .. | 310 | .. | ||
Canvas Worker............................................... | 266 | 282 | 8 | ||
Canvas Worker (Senior)............................... | .. | 310 | .. | ||
Printer (Senior)............................................... | 280 | 310 | 8 | ||
* Increments will be granted annually, except in cases marked “*,” where advancement will be as determined from time to time by the Secretary.
The minimum and maximum rates shown indicate the limits of pay for each position, and the amount of increment shown is the amount which ordinarily will be granted, but in special circumstances an employee may be paid at any rate of pay within the limits prescribed for his position.
Temporary Appointment to Another Position.
Minimum Salary.
(2) Employees who receive the salary of £204, as prescribed in this regulation, shall be entitled to the annual increment set out in regulation 85 (1) Table A, provided that seniority shall be determined by the ordinary course of progression through grade.
Increases and Increments—Employees.
(2) Where an employee receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.
Allowance for Performing Duties of Higher Positions.
Advancement And Promotion.
Conditions of Promotion.
Offences by Employees.
Termination of Appointment.
Foremen.
either side, provided that a temporary foreman engaged under agreement shall be subject to the terms of such agreement. Employment as a temporary foreman shall not establish any claim to permanent employment on any ground whatever.
TEMPORARY EMPLOYEES.
Authority for Employment.
(2) No person shall be employed under this regulation for a longer period than six months in any one year unless with the written approval of the Secretary.
Quarterly Return of Temporary Employees.
(1) Name of employee.
(2) Position occupied.
(3) If male, whether he is a returned soldier. If female, whether she is the mother, daughter, sister, or widow of a soldier who has served abroad with the A.I.F.
(4) If negative answer to (3), what are special reasons for employment.
(5) Rate of pay and date of receipt.
(6) Date first employed.
(7) Whether continued employment necessary.
Engagement.
Rates of Wages.
(2) The Chief Officer may, within limits approved by the Minister, fix rates of wages in advance of the statutory or prescribed rates.
Sick Leave.
(
a ) the employee shall apply in writing, stating the cause of absence;(
b ) where the employee has not completed 26 days’ actual duty, the Chief Officer, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;(
c ) where the employee has completed 26 days’ actual duty, the Chief Officer may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—(i) With pay, at the rate of one day for each 26 days of service in respect of which no sick leave with pay has been previously granted, subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions; and
(ii) without pay, at the rate of two days for each 26 days of service;
(
d ) the leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and 24 days without pay.
Provided that where satisfactory medical evidence is produced that the illness originated from active service, the Secretary may determine the conditions under which leave shall be granted.
(2) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Chief Officer is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—
(
a ) application for leave shall be made in writing, stating the cause of absence, and, if leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions;(
b ) during the first twelve months of continuous service the leave granted shall not exceed 24 days, and shall be without pay; and(
c ) after completion of twelve months’ continuous employment the leave granted shall be at the rate of one day with pay and two days without pay for every 26 days’ service, but not more than six days with pay and 24 days without pay shall be granted in any twelve months.
Overtime.
Sunday Pay.
Leave of Absence for Recreation.
Provided that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 62), and such other leave as the Secretary from time to time determines) for more than 26 working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each 26 working days of absence, excluding the first 26 working days.
(2) A temporary employee leaving of his own accord, or about to be discharged through no fault of his own may, on the approval of the Chief Officer, be granted payment in lieu of recreation leave not exceeding eighteen (18) days due under this regulation, provided that in special cases where the employee has been debarred from taking leave in the preceding year, and such leave has accumulated, payment for a period up to the maximum of thirty-six (36) days may be made on the approval of the Secretary.
(3) Temporary employees absent without leave the day before or after such recreation leave shall not receive pay for recreation leave.
(4) For the purpose of determining eligibility for leave under sub-regulation (1) of this regulation, any discontinuance of employment for any period not exceeding six working days shall not be regarded as a break in the continuity of employment if such discontinuance was entirely due to the requirements of the Service. Additional time equal to the total period of such discontinuance shall, however, be worked before the temporary employee may be regarded as having completed twelve months’ continuous service.
Regulations Generally to Apply.
OFFICERS.
Classification.
Professional Division.
(2) Officers, other than those in Class A1, shall be classified as under:—
Class. | Subdivisions. | |||||||||||
1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. | 9. | 10. | 11. | 12. | |
£ | £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |
A2.............. | 750 | 850 | 950 | .. | .. | .. | .. | .. | .. | .. | .. | .. |
B................ | 656 | 680 | 704 | 728 | .. | .. | .. | .. | .. | .. | .. | .. |
C................ | 575 | 593 | 602 | 620 | 638 | .. | .. | .. | .. | .. | .. | .. |
D................ | 467 | 485 | 503 | 521 | 539 | 557 | .. | .. | .. | .. | .. | .. |
E................ | 371 | 389 | 407 | 413 | 431 | 449 | .. | .. | .. | .. | .. | .. |
F................. | 119 | 137 | 161 | 221 | 239 | 257 | 275 | 293 | 311 | 329 | 347 | 365 |
(3) Officers in Classes C, D, E, and F may be granted annual increments from subdivision to subdivision as set out in the preceding regulation, subject to satisfactory evidence as to good conduct, diligence, and efficiency and to the period of attendance for duty during the year.
(4) Officers in Class B may be awarded increments of £24 each at the discretion of the Minister.
(5) Officers in Class A.2 may be awarded increments of £100 each at the discretion of the Minister.
(6) Notwithstanding anything in this regulation, the Minister may grant an officer any salary within the limits of his class, but an officer who has attained the age of 21 years shall not be paid less than £204, provided that seniority shall not be affected by any salary granted merely because of age.
The period of service of any such civilian officer under the Naval Financial Regulations shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations, be included as if that period were part of his period of employment under these Regulations.
(2) In addition to the foregoing, civilian employees employed under the regulations for the employment of persons under section 41 of the Naval Defence Act shall, upon the commencement of this regulation, become and be deemed to be employees of the General Division under these Regulations with classification therein corresponding to their previous classification under the regulations for the employment of persons under section 41 of the Naval Defence Act.
The period of service of such civilian employee under the regulations for the employment of persons under section 41 of the Naval Defence Act shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations he included as if that period were part of his period of employment under these Regulations.
The period of service of any such person under the Regulations for the Conduct and Management of Factories shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations, be included as if that period were part of his period of employment under these Regulations.
Increases and Increments—Officers.
(2) Where an officer receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.
(3) All recommendations for increments shall be forwarded by the Chief Officer to the Secretary.
Allowance for Performing Duties of Higher Position.
Special Allowances.
Examination for Appointment as Officers.
(2)
Candidates for appointment as officers must, on the day of the examination, be
not less than sixteen nor more than twenty-five years of age at their last
birthday. Provided that any person who has served with satisfactory record in
any Expeditionary Force raised under the provisions of the
Appointments on Probation.
Appointments Without Examination
(2) Any person employed under this regulation shall upon the expiration of the period for which he is engaged, be eligible for reemployment under this regulation.
Incapacity of Officers.
Offences by Officers.
(
a ) a breach of the provisions of these Regulations; or(
b ) wilful obedience or disregard of any lawful order made or given by any person having authority to give such order; or(
c ) being negligent or careless in discharge of his duties; or(
d ) being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or(
e ) using intoxicating beverages to excess; or(
f ) any disgraceful or improper conduct—
he may be suspended from duty by the Secretary, the Chief Officer, or the head of the Branch or Office as the case may require.
(2)
If, after such inquiry as the Secretary may determine, an officer is deemed to
be guilty of an offence, the Secretary may impose a penalty upon the officer
offending or deprive him of his leave of absence during a specified period, or
reduce him to a lower status and/or salary; or the Governor
(3) The suspension may at any time be removed by the Secretary, who shall determine whether any pay shall be allowed the officer for the period of suspension.
(4) In the case of minor offences, an officer may be reprimanded by the Secretary, or the Chief Officer, without suspension.
Award of Commonwealth Arbitration Court.
Repeal of Previous Regulations.
By Authority: H. J. Green, Government Printer, Melbourne.
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