STATUTORY
RULES.
1945. No. 130.
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REGULATIONS
UNDER THE COMMONWEALTH BANK ACT 1945.*
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 Commonwealth Bank Act 1945.
Dated this twentieth day of August, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
Treasurer.
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COMMONWEALTH BANK (STAFF)
REGULATIONS.
Part I.—Preliminary.
Citation.
1. These
Regulations may be cited as the Commonwealth Bank (Staff) Regulations.
Commencement.
2. These
Regulations shall come into operation on the twenty-first day of August, 1945.
Parts.
3. These
Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part
II.—Appointments and Examinations.
Part
III.—The Disciplinary Appeal Board.
Division
1.—Election of Officers’ Representative.
Division
2.—Procedure on Appeals.
Part II.—Appointments
and Examinations.
Entrance
examinations.
4. The
entrance examination for appointment to the Service of the Bank shall be—
(a)
an examination in such subjects as the Bank determines of a public examination
conducted by a University or other public examining body, together with a
written examination conducted by, or on behalf of, the Bank in such additional
subjects as the Bank determines; or
__________________________________________________________________
* Notified in the Commonwealth Gazette
on 20th August, 1945.
4326.—Price 5d.
(b)
a written examination conducted by, or on behalf of, the Bank in such subjects,
and at such standard, as the Bank determines.
Evidence as to health.
5.
The
medical examination referred to in paragraph (b) of subsection (1.) of section 156 of the Commonwealth Bank
Act 1945 shall be an examination by a legally qualified medical
practitioner nominated or approved by the Bank.
Admission
to examinations.
6.
The
certificate referred to in section 157 of the Commonwealth Bank Act 1945
shall be a certificate of—
(a) the present or a past employer of the
person desiring to be admitted to a prescribed entrance examination; or
(b)
the principal or the headmaster, or a teacher, of the school attended or last
attended by that person.
Evidence
as to age.
7. A person
desiring to be admitted to a prescribed entrance examination shall furnish to
the Bank such evidence of his age as the Bank requires.
Appointments
without entrance examination.
8.
The
positions, or classes of positions, in the Service of the Bank to which the
Bank may appoint persons who have not passed a prescribed entrance examination
shall be—
(a) positions for males as cleaners, lift-men,
watchmen, messengers, mechanics, motor-drivers, printers and other positions
the work of which is of a non-clerical nature;
(b)
positions for females as luncheon-room employees, staff nurses, telephonists,
note-printing assistants, note-sorters, note-checkers and cleaners; and
(c) positions at any branch or agency of the
Bank outside Australia.
Part III.—The
Disciplinary Appeal Board.
Division 1.—Election
of Officers' Representative.
Interpretation.
9. For
the purposes of this Division, the head office of the Bank shall be deemed to
be a branch of the Bank.
Election
of the officers’ representative.
10.
The
election by the officers of the Bank of an officer (in this Part referred to as
“the officers' representative”) as a member of the Disciplinary Appeal Board
(in this Part referred to as “the Board”) shall be conducted in accordance with
the provisions of this Division.
Nominations.
11.—(1.)
Nominations shall be called by the Governor on or about the first day of
September in each year by notice to all branches of the Bank and shall be
returnable to reach him not later than the first day of October next following.
(2.) Each nomination shall be in
writing signed by not less than ten officers of the Bank and shall be
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.
Procedure on receipt of nominations.
12.—(1.)
If only one officer is nominated, the Governor shall declare that officer
elected and shall notify his election to all branches of the Bank.
(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 Bank and a secret ballot shall be held at each
branch not later than the first day of November following the calling for
nominations.
Ballot-papers.
13.
The
ballot-papers to be used shall, with such alterations as are necessary, be in
accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1940.
Returning
Officer.
14.—(1.)
The Governor shall appoint a Returning Officer (who shall be an officer of the
Bank) to conduct the poll.
(2.) A Deputy Returning Officer
(who shall be an officer of the Bank) shall be appointed at each branch of the
Bank at a meeting of the officers, of the branch specially called for the
purpose by the Manager of the branch.
Conduct
of ballot.
15.—(1.)
The Deputy Returning Officer shall conduct the ballot at his branch in
accordance with the directions of the Returning Officer and shall, immediately
after the close of the poll, forward to the Returning Officer the ballot-papers
of all officers who have voted at his branch.
(2.) The Returning Officer may,
with the approval of the Governor, make arrangements to enable officers who are
not able to vote at their respective branches to vote by post.
Counting
of votes.
16.—(1.)
The counting of votes shall take place at the head office of the Bank under the
supervision of the Returning Officer.
(2.) The provisions of the Commonwealth
Electoral Act 1918-1940 and of the Regulations thereunder relating to a
House of Representatives election shall, so far as they are applicable and with
such alterations as are necessary, but subject to these Regulations, be applied
by the Returning Officer in the counting of the votes.
(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.
Scrutineers.
17.—(1.)
Each candidate may appoint one scrutineer, who shall be an officer serving at a
branch of the Bank within the Sydney metropolitan area, to represent him at the
counting of the votes and all the proceedings of the counting shall be open to
the inspection of the scrutineers.
(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.
Determinations
of disputes.
18.
Subject
to this Division, if any question arises as to the regularity or validity of
any nomination or as to the voting at any poll, or otherwise as to, any
election, it shall be determined by the Chairman of the Board, whose decision
shall be final.
Result of poll.
19.
The
Returning Officer shall notify the Governor of the result of the election not
later than the twenty-fifth day of November following the poll and the Governor
shall forthwith notify the result of the poll to all branches of the Bank.
Election
of deputy of the officers representative.
20.
The
election of the deputy of the officers' representative shall take place
simultaneously with the election of the officers' representative and shall be
conducted in accordance with the provisions of this Division.
Term of office.
21.—(1.)
Subject to the next succeeding sub-regulation, the officers' representative and
the deputy of the officers' representative shall hold office for a period of
one year from and including the first day of December next following the date
of their election, except in the case of a person elected at a by-election, in
which case the person elected shall hold office until the thirtieth day of
November next following his election.
(2.) If the officers’ representative
or the deputy of the officers' representative ceases to be an officer of the
Bank, he shall forthwith cease to be a member of the Board.
By-elections.
22.—(1.)
Where a vacancy occurs in the office of officers' representative or deputy of
the officers’ representative not less than four months before the expiration of
the period for which the officers' representative or deputy of the officers'
representative was elected, or where any such vacancy exists by reason of no
candidate having been elected, a by-election shall be held to fill the vacancy.
(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 Governor.
Division
2.—Procedure
on Appeals.
Appeals.
23.—(1.)
An appeal under section 174 of the Commonwealth Bank Act 1945 shall be
in writing, shall state the grounds of appeal and shall be addressed to the
Chairman of the Board.
(2.) The appeal shall be lodged with
the Chairman of the Board within thirty 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
Bank.
Particulars
to be furnished.
24.—(1.)
The Bank shall furnish to the Chairman of the Board and to the appellant,
within seven days after the date on which the Bank receives notice of the
appeal, or within such shorter time as the Chairman of the Board determines,
particulars of the action taken by the Bank in respect of which the appeal has
been lodged and the Bank's reasons for taking that action.
(2.) The Chairman of the Board may
direct that further particulars be furnished, and the Bank shall furnish
further particulars accordingly.
Appeals
to be heard in camera.
25.
The
hearing of an appeal by the Board shall be in camera unless the Board
otherwise decides.
Statements
may be lodged.
26.—(1.)
The appellant and the Bank respectively may lodge with the Board statements
relating to the appeal.
(2.) A copy of any such statement
shall be furnished by the appellant or the Bank, as the case may be, to the
other party.
(3.) The Board may direct that any
statement lodged under the provisions of this regulation shall be in the form
of a statutory declaration.
Evidence.
27.—(1.)
On the hearing of the appeal the appellant and the Bank may call oral evidence.
(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.
Penalty: Fifty pounds.
(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.
Penalty:
Fifty pounds.
(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.
Penalty: Fifty pounds.
Representation
of appellant and Bank.
28.—(1.)
The appellant may be represented before the Board by not more than one counsel
or solicitor, or by an agent (being an officer of the Bank), who may examine
witnesses and address the Board on his behalf.
(2.) The Bank may be represented by
not more than one counsel or solicitor, or by an officer of the Bank appointed
for the purpose by the Governor, who may examine witnesses and address the Board
on behalf of the Bank.
4326.—2
Board
not to be bound by rules of evidence.
29.
The
Board shall make a thorough investigation without regard to legal forms and
solemnities and shall not be bound by any rules of evidence, but may inform
itself on any matter in such manner as it thinks fit.
Proceedings
where appellant or witness in remote locality.
30.—(1.)
Where it appears to the Board that it is undesirable by reason of the appellant
being stationed in a remote locality or by reason of expense, inconvenience or
delay to require the appellant or any particular witness to attend before the
Board to give evidence, the Board may, by order in writing under the hand of
the Chairman, appoint some fit and proper person to take the evidence of the
appellant or witness.
(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 28 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.
Decision
of the appeal.
31.
A
statement of the decision of the Board under the hand of the Chairman shall be
furnished to the Bank and the appellant within seven days after the decision of
the appeal.
Costs.
32.—(1.)
The Board may recommend that all or any part of the costs or expenses incurred
by the appellant in connexion with the appeal be paid by the Bank, in which
case the Bank shall make payment accordingly.
(2.) The Board may make a
recommendation under the last preceding sub-regulation, whether or not the
appeal was successful.
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By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.