Commonwealth Public Service Regulations 1913 (Cth)

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STATUTORY RULES.

1913. No. 341

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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.

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 Public Service Act 1902-1911 to come into operation forthwith.

Dated this nineteenth day of December, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command.

JOSEPH COOK.

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REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.

Part I.—Administration and Discipline.

Division I.—Preliminary.

Short title.

1. These Regulations may be cited as the Commonwealth Public Service Regulations 1913.

Application of award. Arbitration (Public Service) Act.

1a. Notwithstanding anything contained in these Regulations or in the award made by the Commonwealth Court of Conciliation and Arbitration on the twenty-eighth day of April, 1913, upon a claim submitted to the said Court in pursuance of the Arbitration (Public Service) Act 1911, the provisions of that award shall apply as from the date on which the award comes into operation, to all officers who are employed under the designations set forth in the award.

Division of Regulations.

1b. These Regulations are divided into Parts as follows:—

Part I.—Administration and Discipline.

Division I.—Preliminary.

Division II.—Attendance of officers.

Division III.—Duties of officers.

Division IV.—Miscellaneous.

Part II.—Classification of the General Division.

Part III.—Classification of the Clerical Division.

Part IV.—Classification of the Professional Division.

Part V.—Temporary Employment.

Part VI.—Employment of Married Women.

Part VII.—Promotion and Transfer with Promotion of Officers.

C.17442––Price, 1s. 3d.

Part VIII.—Travelling and other Allowances.

Division I.—General Allowances.

Division II.—Mode of Travelling.

Division III.—Special Allowances.

Division IV.—District Allowances.

Part IX.—Life Assurance and Superannuation.

Part X.—Appointments and Transfers.

Division I.—Professional Division.

Division II.—Clerical Division.

Division III.—General Division.

Division IV.—Miscellaneous.

Part XI.—Election of Divisional Representatives.

Part XII.—Offences : Boards of Inquiry.

Part XIII.—Boards of Appeal.

Part XIV.—Directions to be observed by Candidates at Competitive Examinations.

Part XV.—Instructions for the guidance of Superintendents at Competitive Examinations.

Part XVI.—Repeal of Previous Regulations.

Officers to be acquainted with regulations.

2. All officers are required to acquaint themselves with the Act and Regulations. Officers at the head of the various branches of each Department should send in requisitions for copies for the use of the officers under their control; and they are hereby directed to keep a copy of the Act and Regulations in each room to which officers of the Public Service commonly have access.

Communications, how to be made.

3. Except as otherwise provided, all communications intended for the Commissioner, relating to the Public Service or the administration thereof, or to any subject or matter referred to in the Act or Regulations, should be addressed to the “Secretary to the Commonwealth Public Service Commissioner.” All communications intended for the Inspector should be addressed to the Commonwealth Public Service Inspector.

Division II.Attendance of Officers.

Hours of business.

4. (1) The hours of attendance to be observed by officers not subject to special Regulations or departmental arrangements in that behalf, or not specially exempted by the Commissioner or by the Permanent Head, shall be from 9 o’clock a.m. to 4.30 p.m., except on Saturdays, when the hours of attendance shall be from 9 o’clock a.m. to 12 noon. Where the nature of the work will not, in the public interest, admit of the general observance of this Regulation, the Permanent Head or Chief Officer shall recommend, and the Commissioner will prescribe, the hours of duty.

(2) The hours of attendance of officers in the General Division will be determined by the Commissioner from time to time, but the ordinary hours of duty for artisans, labourers, and similar classes should be, as far as practicable, from 8 a.m. to 5 p.m., with half-an-hour off for luncheon, and on Saturdays from 8 a.m. to 12 noon.

Attendance-books.

5. In every Department attendance-books shall be kept, and every officer supervising a division or branch shall have charge of the attendance-books to be used by himself and the officers under him, and he will be held responsible to the Chief Officer for the proper keeping of the attendance-books and the due observance of the regulation hours. The Commissioner may, in special circumstances, authorize the use of time recorders in place of attendance-books.

Entries in attendance books.

6. Every officer not specially exempted by the Commissioner or the Permanent Head shall enter daily in one of these books the times of his arrival and departure.

Attendance books, when accessible

7. Attendance-books shall be accessible for record and signature by officers before and up to 9.15 a.m. every day, when they shall be withdrawn, and a line ruled under the last signature therein, by the officer supervising the Division or Branch, and shall not be produced for recording departures until the proper time for ceasing work. The allowance of fifteen minutes before the withdrawal of the attendance-book must only be considered as a concession to meet emergent cases. Officers not subject to special Regulations in that behalf, or not specially exempted from attendance at that hour, must be in their offices at 9 a.m.

Certain officers not required to sign attendance books.

8. Officers of the Administrative Division and officers specially exempted by the Commissioner or the Permanent Head shall not be required to enter in the attendance-books the times of their arrival at and departure from their offices; but this exemption shall not be held to authorize any officer so exempted from absenting himself from duty during office hours.

Irregularity of attendance.

9. Any officer not subject to special Regulations in that behalf, or not specially exempted, arriving at his office after 9.15 a.m., shall report himself to the officer in charge or sub-charge, who shall record the time of his arrival in the attendance-book, and, if a satisfactory explanation be not made, his conduct shall be brought under the notice of the Chief Officer as a breach of the Regulations.

Officers not to leave their Offices.

10. No officer shall be allowed to leave his office during office hours, except on official business or by express permission of the Chief Officer or head of the branch, and the period of such absence, if not on official business, shall be recorded in the attendance-book.

Absence during office hours.

11. If any officer is found to be habitually irregular in the time of his arrival or departure, or to absent himself without leave during office hours, his conduct shall be reported to the Chief Officer.

Time allowed for luncheon.

12. To officers who are required to attend on week days from 9 a.m. to 4.30 p.m., three-quarters of an hour will be allowed daily for luncheon, viz., from 1 o’clock p.m. to 1.45 p.m., or at such time as the officer in charge or sub-charge may arrange, so as to prevent any interference with the transaction of public business.

Absence from duty.

13. No officer shall be absent from duty, or shall leave his district without authorized leave, unless reasonable cause be shown. If an officer be prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of the branch to the Chief Officer, and it shall be incumbent upon the officer to furnish such evidence of the illness or emergency as the Chief Officer may consider necessary. The duties of any absent officer shall be performed, if practicable, by his fellow officers, without additional salary or remuneration, in such manner as the superior officer of the branch or sub-department may authorize or direct; but, if not practicable, then in such manner as the Chief Officer may direct.

Absence without Leave.

14. In cases where an officer’s absence is not sanctioned, there shall be deducted from his salary his pay for each day of such absence.

Division III—Duties of Officer.

Responsibility of Permanent Heads.

15. The Permanent Head shall be responsible for the general working of the Department over which he presides, and for all the business thereof, and shall advise the Minister on all matters relating thereto.

Information to be furnished by Permanent Head.

16. Whenever the Commissioner directs, the Permanent Head shall forward to the Commissioner any information required by him in connexion with the administration of the Act, and, in particular, a return in duplicate showing the officers under his control, arranged under the head of the branches or sub-departments in which they are immediately employed; the offices they hold, specifying division, class, and subdivision of class or grade; the emoluments, salaries, allowances, and fees paid to, and an accurate description, in moderate detail, of the duties

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performed by each officer, the date of his birth, the date of his appointment, and the number of years he has been in the Service. The Permanent Head shall report to the Commissioner, whenever the necessity arises, what alterations, if any, are, in his opinion necessary or expedient for the more economic, efficient, or convenient working of his Department or any branch thereof. He shall further report to the Commissioner what alterations, if any, are in his opinion, necessary in the salaries, fees or allowances of any of the officers under his control; and shall also bring under the attention of the Commissioner any matter, whether in relation to any officer or to the work of any branch of his Department, with which he may think it desirable for the Commissioner to be acquainted. All such returns and reports will be filed as a record by the Commissioner.

17. (Repealed.)

18. (Repealed.)

Charges against officers.

19. If any officer is charged before any Court with, or is convicted of, any offence, whether punishable by summary conviction or otherwise, the officer in charge of the sub-branch in which the officer is employed shall immediately report the circumstances to the Chief Officer, who if he is of opinion that the offence is an offence within the meaning of section 46 of the Act shall deal with the case under that section.

Forfeiture of office upon indictment or presentment.

20. If an officer is on an indictment or presentment convicted of any offence he shall be deemed to have forfeited his office, and shall thereupon cease to perform his duties or receive his salary.

Return of punishments.

21. The Chief Office of each Department shall cause a return to be forwarded to the Commissioner monthly, showing all fines of the amount of five shillings and upward and punishments by deprivation of leave of absence imposed under the provisions of the Act or Regulations during the previous month. The return shall set forth the name of the officer, office held, offence, and punishment.

22. (Repealed.)

Insobriety.

23. If an officer in charge or sub-charge observes at any time that any one under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor, he shall temporarily suspend him from duty, and immediately report the matter to the Chief Officer of the Department.

24. (Repealed.)

Officers of 60 years of age.

25. When any officer attains the age of 60 years the Permanent Head shall advise the Commissioner whether such officer is willing and fit to continue to perform the duties of his position or whether he should be retired from the service.

Return of officers over 60 years of age.

26. The Permanent Head shall furnish the Commissioner in the month of April in each year with a return of officers in his Department who have attained the age of 60 years or over, together with a report in each case as to whether the officer is able and willing to continue to perform his duties. Should the Permanent Head recommend the retirement of any officer over the age specified, he shall also state the reasons for such recommendation.

Officers of 65 years of age.

26a. Every officer reaching the age of 65 years shall inform the Chief-Officer of his Department, who shall notify the Permanent Head in order that he may make a recommendation to the Commissioner as to whether it is desirable or otherwise to continue the officer in the Service.

Death of officer.

27. The Chief Officer shall immediately report the death of any officer to the Inspector for transmission to the Commissioner.

Chief officer to furnish information.

28. Whenever requested by the Inspector the Chief Officer shall supply such returns or other information as may be required.

Quarterly return of temporary employés.

29. At the beginning of April, July, October, and January of each year the Chief Officer of each Department in each State shall furnish the Inspector, for transmission to the Commissioner, with a return showing the names (arranged in alphabetical order) of all persons temporarily employed during the previous quarter, the branch or office, and the capacity in which employed, their periods of employment, and rates of pay.

Creation of new offices, &c.

30. (1) The Permanent Head of each Department shall report to the Commissioner whenever it is deemed advisable—

(a) To create a new office in any Division in the Department under his control;

(b) To abolish any office in his Department;

(c) To raise or lower the classification or grading of any office, the duties of which have been materially changed.

(2) On receiving the report of the permanent Head, the Commissioner may make a recommendation on the subject to the Governor-General. Provided, however, that where, under section 13 (2) of the Act, the Permanent Head has assigned to the Chief Officer, either generally or in any particular cases or classes of cases, power and authority to report in respect of any of the matters specified in section 41, the Chief Officer shall himself report accordingly, and such report shall be sent to the Inspector for transmission to the Commissioner.

Report as to excess officers.

31. Whenever the Chief Officer finds that the number of officers under his control is greater than is required to perform the current work of the Department, he shall forthwith report the circumstances to the Permanent Head, who shall advise the Commissioner. Officers in sub-charge are required to report to the Chief Officer when it is considered that a reduction in staff can be made through reduction in amount of work or re-arrangement of duties.

Use of public buildings for residence.

32. (1) When any officer occupies for the purpose of residence the whole or part of a building belonging to or occupied by the Commonwealth, the Chief Officer shall notify the Permanent Head, who shall report the fact to the Commissioner. Postmasters and others who are provided with quarters are required to reside in them.

Sub-letting.

(2) Officers who rent Government buildings are prohibited from sub-letting any portion of same without the consent, in writing, of the Permanent Head of their several Departments.

Journals.

33. Unless otherwise ordered by the Permanent Head of the Department, every officer not immediately under supervision shall keep a journal showing daily the duties performed by him, and the time occupied therein, and shall furnish a copy of this journal when required to the officer under whose authority he is placed.

Obligations of senior officers.

34. Officers in charge of any sub-department, branch, or minor division of the Public Service shall be accountable for the maintenance of good order, and afford the utmost aid and support to the Chief Officer and Permanent Head.

Officers to report breach of regulations.

35. All officers in charge of any sub-department, branch, or minor division of the Public Service shall report to the Chief Officer any breaches of these Regulations which come to their knowledge.

Officers to obey summons.

36. (1) Every officer who is summoned by the Commissioner or an Inspector or the Chairman of a Board of Inquiry or of a Board of Appeal to give evidence upon any subject of inspection, inquire, or investigation, shall attend to give evidence at the time and place specified in the summons.

(2) Every officer appearing before the Commissioner, an Inspector, a Board of Inquiry, or a Board of Appeal (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 shall be compelled to answer any question tending to incriminate him.

Attention and devotion to business.

37. All officers shall, during the hours of business, devote themselves exclusively and zealously to the discharge of their public duties and shall behave at all times with courtesy to the public, giving prompt attention to all reasonable requirements. Officers having to undertake duty at more than one place of business shall, as far as possible, attend at regular periods, and shall post a notice at each office showing the days and hours at which they will be present.

Application of officers, how to be made.

38. The application of any officer upon any matter affecting his position in the Service shall be made by the applicant himself, through the head of his branch, to the Chief Officer. Where in exceptional cases an officer desires to communicate with the Commissioner, the communication must be so addressed, and shall be forwarded by the Chief Officer to the Inspector for transmission to the Commissioner, with any remarks considered necessary.

Subordination of officers.

39. Every officer shall obey promptly all instructions given to him by the officer under whose immediate control or supervision he is placed. If any officer has ground of complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Chief Officer; but he shall, nevertheless, as far as possible, carry out any instructions which may be given to him until the same are countermanded by competent authority.

Performance of duties.

40. Every officer shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.

Officers not to publicly comment on administration, &c.

41. An officer shall not—

(a) publicly comment upon the administration of any Department of the Commonwealth; or

(b) use for any purpose other than for the discharge of his official duties information gained by or conveyed to him through his connexion with the Public Service.

Information not to be given.

42. Except in the course of official duty, no information concerning public business or any matter of which an officer has knowledge officially shall be given, directly or indirectly, by an officer without the express direction or permission of the Chief Officer.

Outside influence.

43. Officers are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any officer who considers that his claims for promotion or consideration have been overlooked may communicate with the Commissioner in the manner prescribed by Regulation 38.

Solicitation of gifts or presents.

43a. Officers are expressly forbidden to directly or indirectly—

(a) solicit gifts or presents, or

(b) issue addresses, complimentary cards, or other communications, intended or likely to induce the public to make gifts or presents to them.

Care of public property.

44. All officers shall be held responsible for the careful use and preservation of all Government property in their possession, custody, or care. Officers in charge of public buildings shall, in the event of repairs being required, report to the Chief Officer, and shall not allow the buildings to fall into decay, or to become permanently injured, for the want of timely requisition for such repairs.

Borrowing or lending money.

45. Any monetary transaction between officers, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or money is borrowed by senior officers from their subordinates, is forbidden.

Bankruptcy of officers.

46. If the estate of an officer is sequestrated either voluntarily or compulsorily for the benefit of his creditors he shall, within seven days, give written notice thereof, with a statement or explanation of the causes of his embarrassment, to his superior officer; and such notice and statement shall within seven days of the receipt thereof be transmitted, with a report, to the Chief Officer, who shall forward same, through the Inspector, to the Commissioner, with any remarks he may desire to make thereon; and, unless and until the Commissioner otherwise directs, the officer in question shall continue to perform the duties of his position and to receive his salary.

Certificate of discharge.

47. Any officer whose estate is sequestrated either voluntarily or compulsorily shall apply as soon as he may legally do so to a Court of Insolvency for his certificate of discharge, and, within seven days from the date on which the decision of the court on such application has been delivered, shall inform the Commissioner in writing, through the Chief Officer and Permanent Head, of the result of his application, and thereupon the matter may be dealt with under section 66 of the Act. Provided that nothing in this Regulation shall prevent the case of an officer from being dealt with at any time under the said section.

Division IV.—Miscellaneous.

Permanent Heads of departments.

47a. The persons for the time being holding the several offices named herein shall be Permanent Heads of Departments:—

The Secretary to the Prime Minister’s Department.

The Secretary to the Department of External Affairs.

The Secretary to the Attorney-General’s Department.

The Secretary to the Department of Home Affairs.

The Secretary to the Department of the Treasury.

The Comptroller-General of Customs.

The Secretary to the Department of Defence.

The Secretary to the Postmaster-General’s Department.

Chief Officers of departments.

48. (1) The offices held by the following persons shall constitute the holders thereof ex officio Chief Officers of Departments:—

Deputy Postmaster-General in each State.

Collector of Customs for each State.

(2) In the undermentioned Departments, the Secretary, until otherwise determined, may exercise the powers conferred, and shall perform the duties imposed by the Act or by these Regulations on the Chief Officer:—

The Prime Minister’s Department.

The Department of External Affairs.

The Attorney-General’s Department.

The Department of Home Affairs.

The Department of the Treasury.

The Department of Defence.

(3) In the case of the Departments referred to in sub-regulation (2) of this Regulation any reference in these Regulations to a Chief Officer shall, unless inconsistent with the context, be taken to refer to the Permanent Head.

(4) In the case of the Postmaster-General’s Department and the Department of Trade and Customs, the Permanent Head shall, as regards the officers of the central staffs of these Departments, be taken to be the Chief Officer.

Power to fix salary in special cases.

49. On the recommendation of the Commissioner, the rate of salary to be paid to an officer occupying any particular office may be “fixed” by order at any sum within the limits of his class or grade, and such sum shall be the salary attached to such officer while he holds such office; but no such order shall be made so as to diminish the rate of salary received by the occupant when the order is made.

Seniority.

Salary on transfer.

49a. In any case where an officer is appointed, promoted, or transferred to any particular office, the Commissioner may, as a condition of such appointment, transfer, or promotion, define the relative seniority of such officer; otherwise relative seniority shall be determined by the salary paid and the time during which such salary has been received. An officer may be transferred from one office to another without reduction of salary provided that unless otherwise directed by the Commissioner the salary paid in the new office shall not exceed the maximum for such office.

Transfer of officers from place to place.

50. (1) No officer shall refuse compliance with an order of the Governor-General on the recommendation of the Commissioner directing his transfer from one position to another of equal importance in the same or any other part of the Commonwealth

(2) The circumstances of individual officers will receive due consideration, but, while attention will be given to objections of a personal or private nature, in view of a proposed transfer, it is to be understood that private considerations must give place to the interests of the Service.

(3) Should any officer object to a change of station or of work, on the grounds that it will involve him in pecuniary loss, or that the change is not to a position of equal importance, he may

apply, through the Chief Officer and Inspector, to the Commissioner for permission to decline the transfer; and if the Commissioner finds that the objection is well founded, permission may be granted without prejudice to the officer’s right of futurepromotion or appointment: Provided that he shall have no grounds of appeal against loss of seniority should another officer be appointed to the position, and should the Commissioner determine that it is of higher status than the position occupied by the officer objecting to transfer.

(4) Where officers of the same class or grade desire to exchange positions, the Chief Officer, with the concurrence of the Inspector, may approve thereof; notification of such exchange shall be made by the Chief Officer to the Permanent Head and by the Inspector to the Commissioner.

Temporary transfers.

51. The Chief Officer may temporarily transfer an officer from one position to another. When it is necessary temporarily to fill a position by the transfer of an officer of lower class or grade, the senior competent officer who is available shall be selected. The Chief Officer shall cause a return to be forwarded monthly to the Public Service Inspector for transmission to the Commissioner showing all officers whose temporary transfer at the date of such return has exceeded a period of three months. The return shall show the reason for each temporary transfer. A temporary transfer shall not be continued if disapproved by the Commissioner.

Officers stationed in remote localities.

52. (1) An officer stationed for a prolonged period in a remote locality, and who desires transfer, may apply to the Chief Officer, who shall, after recording the application for consideration when opportunity occurs, forward it to the Inspector.

(2) On the occurrence of a suitable vacancy, any such application shall be brought under review by the Chief Officer, and if the officer is otherwise eligible the length of his service in the remote locality shall be held to entitle him to special consideration.

(3) On the report of the Permanent Head, the Commissioner will determine the particular places to which this Regulation shall apply, and the periods of residence which shall entitle an officer to special consideration as regards transfer.

Conveyance of officers transferred.

Officers to bear cost.

53. Officers who are transferred from one locality to another solely at their own request, or by exchange (except as provided for in the next regulation), must bear the whole cost of their removal. When transferred on account of misconduct, the cost must be borne by officers in fault, unless otherwise determined by the Permanent Head prior to removal.

Department to bear cost of conveyance.

54. When officers are 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 has no control, provided a medical certificate be furnished to the effect that a change is needed to restore health;

(d)after a residence of three years or over in an extreme climate, or in a locality where the necessaries of life are exceptionally dear; or

(e) to fill vacancies occurring at places described in the last preceding sub-clause—

the actual cost of conveyance of such officers, as well as that of their wives and children, will be paid by the Department.

Removal of furniture.

55. (1) Reimbursement of cost of removing furniture shall be subject to the following limitations:—

Officers’ Salaries.

Maximum Amount Allowed.

Maximum Weight Allowed.

£

tons.

Under £200............................................................

25

£200 and under £400.............................................

35

£400 and under £600.............................................

40

4

£600 and over........................................................

50

(2) In providing for cost ofremoval 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 Chief Officer.

56. (1) Before removal is undertaken, the officer shall, where practicable, obtain offers from at least two carriers, and submit same to the Chief Officer, who may authorize the acceptance of the more suitable, provided that the maximum amount above stated is not exceeded.

(2) The Chief Officer 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 elects to dispose of his furniture and effects instead of removing them to his new station.

(3) An officer 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.

Increases and increments.

57. (1) All increments shall be discretionary, and subject to the approval of the Commissioner and to the necessary appropriation by Parliament.

(2) Increments shall be payable from the first day of the month following the date they accrue, provided that any increase in salary accruing through an officer reaching twenty-one years of age shall be paid from the officer’s twenty first birthday.

(3) 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.

(4) All departmental recommendations for increments shall be forwarded by the Chief Officer to the Inspector for transmission to the Commissioner.

(5) Where an increment has been deferred, the Commissioner may determine that, for purposes of seniority and future advancement the increment shall be deemed to have been granted from the date on which, but for such deferment, it would have become due:

Provided that where an increment has been deferred owing to misconduct or inefficiency, the provisions of this paragraph shall not apply unless the officer’s conduct, diligence, and efficiency during the ensuing twelve months be reported as satisfactory.

Promotion examiners.

58. Whenever it appears to be necessary to subject candidates for a vacancy to a practical test of their qualifications, the Commissioner may appoint a committee consisting of the Inspector, a senior officer of the Department, selected on the recommendation of the Permanent Head, and a senior officer from another Department, to act as promotion examiners:

Provided that the Commissioner may, if he deems such a course expedient, add to or otherwise alter such committee so as to include other officers or persons more conversant with the duties of the position.

Officers not British subjects to be naturalized

59. Every officer admitted to the Public Service before the commencement of the Act who is not a natural-born or naturalized subject of His Majesty shall forthwith, or so soon as he is qualified to do so, obtain a certificate of naturalization under the laws of the United Kingdom, or of the Commonwealth or of a State.

Duty after usual hours.

60. Officers will be required to perform public duty after the usual hours, whenever it is necessary to bring up arrears of work or to meet any temporary pressure of business. Where found essential, the staff dealing with such work, or, at the discretion of the officer in charge, the whole staff, may be retained beyond the ordinary official hours. Every officer shall, when required by the officer in charge, remain after the usual hours to complete work considered necessary to be done on the same day.

Overtime.

61. (1) Where attendance beyond the usual hours is considered necessary, and such attendance may involve the payment of overtime under the conditions hereinafter set out, the Officers in Charge shall immediately report, in writing, the circumstances to the Chief Officer, or such other officer as may be approved by

the Commissioner. The report shall specify the officer or officers to be employed and the probable duration of the overtime, and the Chief Officer or other approved officer, if satisfied as to the necessity therefor, may sanction the working of overtime.

(2) In emergent cases the Officer in Charge may directly authorize the working of overtime, but in such cases a report shall immediately be made to the Chief Officer.

(3) In any case where it is necesssary for an officer to work beyond the usual hours to meet some emergency, and it is not practicable to obtain prior authority, the officer shall immediately upon the completion of the work report the circumstances, and the Chief Officer, if satisfied as to the necessity for the work, shall authorize the recording of the excess time as overtime.

(4) At the end of each calendar month the Officer in Charge shall furnish the Chief Officer with a return of all overtime worked during the month, together with claims of officers for payment at the prescribed rates. No claim for overtime payment shall be recognised unless accompanied by the authority of the Chief Officer or by a certificate from the Officer in Charge that the overtime has been worked by direction.

(5) Payment of claims for overtime shall be made only on the approval of the Chief Officer.

(6) A return shall be forwarded to the Permanent Head quarterly showing overtime worked by each officer in each branch, sub-branch, or sub-office during the preceding quarter, the amount paid therefor, and briefly the reasons for requiring the overtime to be worked.

(7) Overtime shall be recorded and paid subject to the provisions of this Regulation and to the following conditions:—

(a) In the case of officers 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 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 the case of officers employed between the hours of 8 p.m. and 8 a.m., overtime shall be time worked in excess of seven hours a day, except where otherwise prescribed.

(d)In cases of shift duties, officers may be employed for more than forty-eight hours in any one week, or for more than seven hours between the hours of 8 p.m. and 8 a.m., without being entitled to overtime payment. In such cases, overtime shall be time worked beyond the ordinary shift hours, or where, in a complete rotation of shifts, an officer may be required to exceed an average of eight hours per shift, overtime shall be the time in excess of such average.

(e) In the cases of officers performing telephonists’ duties, or such duties combined with any other work, between the hours of 8 p.m. and 8 a.m., overtime shall be time worked in excess of forty-four hours per week. This provision shall apply only to officers who are required to be in constant attendance at the switch-board during their term of duty, and to whom the provisions of the preceding paragraph would not apply.

(f) Notwithstanding anything contained in parts (a), (b), (c), (d) and (e) hereof, in the cases of the following classes of officers, overtime shall be time worked in excess of the hours shown hereunder:—

Clerical Assistants, Sorters, Postal Assistants, and other officers employed wholly or mainly on indoor

work whose hours of duty, owing to varying condition of business, are not fixed within prescribed daily limits:—

Day work.................................................................

44 hours per week.

Day work, broken, where any break exceeds two hours 

42 hours per week.

Night work, i.e., work commencing after 8 p.m. and terminating before 8 a.m.

40 hours per week.

Letter Carriers and other officers, excluding Telegraph Messengers, employed wholly or mainly on outdoor work, and whose hours of duty, owing to varying conditions of business, are not fixed within prescribed daily limits 

46½ hours per week

Telegraph Messengers..............................................

48 hours per week.

Telegraphists—

Day work.................................................................

42 hours per week

Day work, broken, where any break exceeds two hours .........................................................................

39 hours per week.

Night work, i.e., work commencing after 8 p.m. and terminating before 8 a.m.

39 hours per week.

Provided that where officers are required to work in alternating weeks or longer periods above and below the hours specified, overtime shall be the aggregate time worked during such alternating periods in excess of the hours specified above multiplied by the number of weeks covered by such periods.

(g) In cases where an officer who has ceased work for the day is recalled to duty, such duty shall be recorded as overtime, and shall include the time necessarily occupied in travelling to the place of duty and returning therefrom.

(h) In cases where an officer is required to perform, outside his usual hours, work for some Department other than that to which he is attached, such work not being compensated for by allowance or payment of similar nature, time thus worked beyond the usual hours shall be regarded as overtime.

(i) In cases where officers 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.

(j) In any case where an officer, in consequence of having worked overtime, is released from ordinary duty, there shall be deducted from any payment to be made for overtime the value, computed at the ordinary rate of pay of the time during which he has been released from duty.

(k) 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 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.

(l) In any case not covered by the foregoing, the Commissioner may determine the conditions under which overtime shall be recorded and paid.

(m) Officers not working under close supervision, or whose hours of duty cannot be definitely determined, such as Inspectors, Postmasters, Detectives, Patrol Officers, Caretakers (in residence), Boatmen, Messengers, and Watchmen, shall not be entitled to claim overtime except as prescribed in clause (h) of this Regulation, or in such cases as may be specially approved by the Commissioner, nor shall officers stationed at Lighthouses nor any officer in receipt of salary exceeding £400 per annum be so entitled.

Rate of payment for overtime.

62. Overtime shall be paid for at the rate of time and a quarter based on a day of eight hours, provided that not less than One shilling per hour shall be paid. For the purpose of ascertaining the hourly payment for overtime, the yearly salary shall be divided by 313, and the result multiplied by 5/32. 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.

Meal allowance.

63. (1) Where an officer, whose ordinary hours of duty are between 8 a.m. and 5 p.m., is required to attend for duty before 6.30 a.m., or to remain on duty after 6.30 p.m., or in any case where an officer is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, and such attendance necessitates his obtaining a meal away from home, he shall be granted a meal allowance on the following scale:—

Officers receiving £500 a year and over, 2s. 6d.; over £200 a year and under £500 a year, 2s.; £200 a year and under, 1s. 6d.

A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay, the meal allowance may be granted instead of overtime pay.

Travelling time.

64. In any case where an officer is required to attend for duty at some place other than his usual station, and such officer in the course of daily travelling between his home and his temporary station is necessarily obliged to exceed the time required to travel between his home and his permanent station, he shall be entitled to be paid for time spent in travelling at a rate equal to his ordinary rate of pay:

Provided that to payment shall be made under this Regulation unless the time in excess is more than half an hour daily, or in any case where the officer is paid relieving or other allowance consequent upon his temporary transfer.

65 (Repealed.)

Payment for Sunday work.

66. (1) Where an officer, whose ordinary duties require him to work on week days, is required to work on Sunday, the Permanent Head or Chief Officer may authorize the payment to the officer for the Sunday work of additional pay in accordance with this Regulation.

(2) In cases where the officer 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 full day, and a proportionate amount for less than a full day.

(3) In cases where the officer is on duty on not more than six consecutive days, in consequence of haying to work on the Sunday, he shall be allowed half a day’s additional pay for a full day and a proportionate part for less than a full day:

Provided that in all cases where an officer resides on the premises where his duties are performed, and his attendances for work on Sundays are intermittent, or for brief periods, he shall not be entitled to claim any additional pay for those attendances, except in such cases as may be approved for payment by the Commissioner. In any such case, the minimum payment for attendance shall be 2s.

(4) Where in any Department of the Public Service the performance of Sunday duty is necessitated by the public requirements, every officer called upon for such duty shall be liable therefor under the conditions herein; provided, however, that any officer possessing conscientious scruples against Sunday duty may apply for permission to furnish a substitute.

(5) This Regulation shall not apply to officers stationed at lighthouses.

Fees, rewards, and gratuities.

67. An officer shall not demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary and allowances, for services performed by him, either in or out of office hours, in connexion with the Public Service.

Prosecuting officers.

68. When a public officer, engaged in the execution of his official duty, successfully prosecutes an offender, and the magistrate adjudicating on the case awards him a moiety or other part of any fine inflicted upon and recovered from the offender, he shall forthwith notify the Chief Officer, and shall forward, together with the notification, evidence that he has paid the sum awarded to him into the Consolidated Revenue.

Attendance at Courts.

69. (1) An officer subpoenaed or called as a witness must promptly notify the Chief Officer.

(2) An officer required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but shall be granted leave with pay and in cases where the officer is required to travel he may be allowed his ordinary travelling allowance.

(3) Officers subpoenaed or called as witnesses on behalf of a State Government shall be granted any necessary leave with pay and shall not be entitled to retain any portion of the witness fees received, but must pay such fees to the Receiver of Revenue to be credited to Miscellaneous Receipts:

Provided that if the officer is required to travel he may deduct from any payments received the expenses necessarily incurred in travelling. A statement of the fees received and any deductions made therefrom shall be forwarded to the Chief Officer with the receipt from the Receiver of Revenue.

(4) An officer subpoenaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the officer.

70. (Repealed.)

Accounts and public moneys.

71. In the matter of accounts and the collection and payment of public moneys, officers are enjoined to conform strictly to the provisions of the Audit Act and regulations and such directions as are issued from time to time by order of the Treasurer.

Liability on behalf of the Government.

72. No officer, unless duly authorized in that behalf, shall incur-any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.

Performance of work outside Public Service,

73. (1) No officer, except with the express permission of the Governor-General, after report by the Commissioner shall—

(a) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation; or

(b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or

(c) engage in or undertake any such business whether as principal or agent; or

(d) engage or continue in the private practice of any profession; or

(e) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth:

Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of anycompany or society of persons registered under any Act in any State or elsewhere:

Provided also that an officer who at the proclamation of the Act performs any service for a State may continue to do so under arrangements then existing until the terms and conditions under which such service shall be performed in future are determined by the Governor-General by agreement with the Governor in Council of the State in which the officer is employed or otherwise.

(2) All applications for permission to engage in the performance of work outside the Public Service shall be made to the Chief Officer, who shall forward same, with his report, through the Inspector to the Commissioner.

Officers acting as Area Officers under Defence Act.

73a. Subject to the approval of the Chief Officer, an officer may be permitted to accept appointment as an Area Officer under the Defence Acts, and may receive the allowance attached to such position, in addition to his salary as an officer of the Public Service, provided that in any case where the officer is called upon to absent himself from his ordinary official duties he may, subject to the convenience of the Department, be granted leave of absence on full pay, and such leave shall be deducted from any leave due or accruing under the Act or Regulations.

Addresses and testimonials.

74. No address or testimonial shall be accepted by any officer without the sanction in writing of the Chief Officer or Permanent Head of the Department in which the officer is employed.

Applications for leave of absence.

75. Every application for leave of absence shall be made to the Chief Officer through the officer in charge or sub-charge of the branch in which the applicant is employed. The officer in charge or sub-charge shall report as to the conduct of the applicant and as to his compliance with these regulations, and whether the leave can be granted without detriment to the work of the branch in which the applicant is employed.

Leave of absence for recreation.

76. (1) Unless otherwise directed by the Minister, the Chief Officer may grant to every officer of his Department leave of absence for recreation for any period or periods not exceeding in the whole eighteen days in each year, exclusive of Sundays and holidays; such leave shall be dependent upon the good conduct and regular attention to duty of the officer; provided that the Minister may grant the whole or any part of such leave.

(2) The Chief Officer in each Department in each State shall make such arrangements as will allow each officer in his Department leave of absence annually for recreation, as provided in the foregoing regulation; but if it is found impracticable to grant such leave in any year or for any other sufficient reason the Chief Officer may permit the leave to be taken in the following year, in addition to the leave for such year. Provided that in other cases, leave not taken during the year it accrues shall lapse.

Leave of absence on ground of illness.

77. (1) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner.

(2) The Chief Officer, in cases of sickness or ill-health, may, on production of satisfactory evidence, provisionally grant extended leave, not exceeding three months, in accordance with the following schedule; but a schedule of all leave granted under this Regulation shall be submitted monthly for the approval of the Minister, who may in any case disallow the leave so granted:—

Length of Service in State and Commonwealth.

Period for which leave may be granted, on—

––––

Full pay

Half-pay.

Months.

Months.

Under five years

1

2

In exceptional cases the Minister may take any special circumstances into consideration, and may vary the scale of payments; provided that in no case shall the leave granted exceed three months on full pay.

Over five years and under ten 

2

1

Over ten years................

3

...

Further leave.

78. Where in case of illness any officer who has received leave of absence for three months is not so far recovered as to be able to resume his duties, further extensions of leave may be provisionally granted by the Inspector in accordance with the following schedule; provided that on each extension of leave the applicant shall be subjected to an examination by a medical officer approved by the Inspector. A schedule of all such leave granted by the Inspector shall be forwarded monthly to the

Commissioner for submission to the Governor-General, and such leave, or any part thereof, shall be subject to disallowance by the Commissioner:—

Length of Service in State and Commonwealth

Period for which leave may be granted on—

Half-pay

Third pay

Without Pay.

Mths.

Mths

Mths

Under five years.........................

1

6

8

In exceptional cases special circumstances may be taken into consideration, e.g., where an officer in discharge of his duty sustains injuries of such a nature as to incapacitate him for all duty this scale may be varied; provided that in no case shall full pay be allowed for a period exceeding nine months in addition to leave granted by the Minister on full pay.

Over five years and under ten .....

3

6

6

Over ten years............................

6

3

6

Medical examination before resumption of work.

79. If any officer is absent from duty on account of. illness, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until the Government Medical Officer, or some other medical practitioner approved by the Inspector, has certified that he is fit to resume work.

Payment for Sundays and holidays during leave on reduced pay.

80. When extended leave is granted other than on full pay the rate paid for Sundays and holidays shall be the same as that allowed for the period of leave

Pay not to be granted if illness due to misconduct.

Examination by Medical Officer,

81. No leave on account of illness shall be granted with pay if the sickness or ill-health has been caused by the misconduct of the officer, to satisfy himself on which point the Chief Officer may send a special medical officer to attend on and examine such officer at his residence. A fee of £1 1s. shall be paid to the special medical officer for his attendance and report, and if such report is, in the opinion of the Chief Officer; not favorable to the officer concerned, or if the officer is absent from his residence at the time of the medical officer’s visit without, in the opinion of the Chief Officer, reasonable cause therefor, the amount of the fee so paid shall be deducted from any money which is or becomes payable to the said officer, by the Government. The same practice may be followed where an officer is suspected of absenting himself from duty without sufficient causes.

Sick leave to be apart from recreation leave.

82. Leave of absence in case of illness shall not be reckoned as nor included in leave of absence for recreation.

Triennial period.

83. (1) Sick leave allowed under Regulations 77 and 78 may be granted in one or more periods, but the aggregate amount of leave provided for in the Schedules is intended to cover a period of three years, dating from the first absence on sick leave.

(2) The second or any subsequent triennial period will commence on the date of first absence on sick leave following the date upon which the previous triennial period expired, and for the three years thus commencing the full amount of leave provided in the Schedules according to length of service may again be allowed.

Extended leave without pay

84. With the approval of the Governor-General, on the recommendation of the Commissioner, leave of absence, without pay, may be granted to any officer for any period not exceeding twelve months, but the period of such leave shall not for any purpose he included as part of such officer’s period of service.

Leave of absence in case of pressing necessity.

85. In case of other pressing necessity, the Minister may grant leave of absence for a period not exceeding three months, without salary, to any officer, and such leave may be in addition to the leave for recreation.

Extra and accumulated leave.

86. Officers stationed in places remote from large centres of population, or whose duties cannot ordinarily be performed within usual regular hours, and when no compensation in time or money has been given for the extra time worked, may be granted by the Chief Officer twenty-four days’ leave of absence in any year exclusive of Sundays, for recreation purposes: Provided that—

(a) Should an officer in a remote district not avail himself of leave in any year, it may be granted to him in a subsequent year in addition to the leave for that year, but the accumulated leave shall not exceed forty-eight days, exclusive of Sundays. This provision shall apply to all officers stationed in localities where, under ordinary conditions of conveyance, the time occupied on the journey from such places to the chief city of the State is in excess of three days, or where, in the opinion of the Chief Officer, the conditions are such as to warrant the granting of such leave.

(b)In very exceptional cases special circumstances may be taken into consideration, such as excessive distance of a locality from the chief city of the State, unusually trying nature of climatic conditions, &c., and leave of absence for recreation may be allowed to accumulate for three consecutive years.

(c)The Chief Officer may, in very exceptional cases, in addition to leave as above specified, grant such reasonable time for travelling, not exceeding two weeks, as circumstances warrant.

Short leave of absence.

87. The Chief Officer, or other officer authorized by the Minister, may, on sufficient cause being shown, grant any officer leave of absence not exceeding three days; but all such periods of leave shall be properly recorded in a book to be kept for that purpose, and at the discretion of the Chief Officer shall or shall not be deducted from the next annual leave or accumulated leave. Provided that if the leave granted under this Regulation to any officer exceeds three days in one year, the excess shall be deducted from the officer’s next annual leave.

Leave of absence for Naval and Military purposes.

88. Subject to Departmental convenience, the Chief Officer may grant to officers who are members of the Defence Force leave of absence on full pay for the purpose of attending camps and courses of naval and military instruction. Leave of absence granted in pursuance of this Regulation shall not be deducted from the officer’s annual or accumulated leave.

Leave of absence to temporary employees.

88a. Temporary employees shall be treated in the same manner as permanent officers as regards public holidays and leave of absence on full pay for the purpose of attending camps and courses of naval and military instruction, but leave of absence granted on other occasions shall be without pay.

Furlough.

89. (1) When an officer has continued in the Public Service at least twenty years, the Governor-General may grant to him, on the recommendation of the Commissioner, leave of absence for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer not having been granted such leave of absence retires from the Public Service after at least twenty years’ service, the Governor-General, on the recommendation of the Commissioner, may grant such officer six months’ pay upon retirement, or upon the death of any officer who has continued in the Public Service for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Commissioner, may pay to the dependents of such deceased officer a sum equivalent to six months’ salary of such officer. Provided that where an officer has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event of retirement or death of an officer, whether payment may be made under the conditions prescribed herein and as to the terms of such payment.

(2) Where any person has become transferred from any position of a permanent nature in the Naval or Military Forces of the Commonwealth, or of a State, to the Public Service of the Commonwealth, either directly or through the Public Service of the State, his service in the Naval or Military Forces shall, for the purpose of furlough, be reckoned as service in the Public Service.

Extended leave to officers not entitled to furlough.

89a. (1) The Governor-General may, upon the recommendation of the Commissioner, grant to any officer of satisfactory service who is not eligible for the furlough prescribed in Regulation 89, prior to his retirement from the Public Service on or subsequent to his attaining the age of 60 years, leave of absence with full pay as follows:—

Service of 16 years and under 20 years—5 months.

12

16

4

8

12

3

4

8

2

Service of less than

4

1 month.

(2) Or in lieu of such leave the Governor-General may, on the recommendation of the Commissioner, grant to the officer a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependents of such deceased officer of a sum equivalent to the pay of such officer for the period of leave which he could have been granted under this Regulation.

Applications for furlough or extended leave.

90. The Chief Officer shall report upon all applications for furlough or extended leave, and shall forward same to the Inspector for transmission to the Commissioner.

Public holidays.

91. (1) The following days or any days prescribed under the law of any State to be observed in lieu thereof in that State shall be observed as holidays in the public offices, namely:—

First day of January,

Commonwealth Day,

Christmas Day and the following day,

Good Friday and the following Saturday and Monday,

the anniversary of the Birthday of the Sovereign, 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 days specified in sub-regulation (1) of this Regulation falls upon a Sunday the next following Monday shall be observed as a holiday in the public offices in lieu of such Sunday.

State holidays.

92. Where by or under the law of a State any day or part of a day is appointed to be or is proclaimed as a public holiday or bank holiday or half-holiday throughout such State or in any part of such State, such day or half-day shall be observed as a holiday or half-holiday (as the case may be) in the public offices of the Commonwealth throughout such State or in such part of such State (as the case may be).

93. The Governor-General may also by proclamation at any time appoint in addition to the days herein before named any specified day or specified part of a day to be kept as a holiday or half-holiday in the public offices of the Commonwealth, or in any part thereof.

Attendance on holidays.

94. The Minister of a Department, or the Permanent Head or Chief Officer thereof, may require such Department or any part thereof to be kept open in the public interest for the whole or any portion of a holiday, and may require the attendance and services of any officer of such Department during any such holiday : but in that case every such officer shall be granted in lieu thereof a holiday upon such other occasion as does not interfere with public business : Provided that when an officer is required to work for only half a day or less, half a holiday may be allowed in lieu thereof.

PART II.—Classification of the General Division.

General Division.

95. The General Division shall comprise all officers not included in the Administrative, Professional, or Clerical Divisions, but shall not include any officer or class of officers to whom or to which, on the recommendation of the Commissioner, the Governor-General declares that the provisions of the Act shall not apply.

96. (Repealed.)

97. (Repealed.)

Increases of salary to General Division.

98. (1) Increases of salary may, subject to the Regulations, be granted to such officers or classes of officers in the General Division within the several grades as are determined by the Commissioner.

(2) The granting of an increment under this Regulation shall be discretionary, and conditional on the good conduct, diligence, and efficiency of the officer concerned, and on the value of the work justifying the increase of salary, regarding which a report must be furnished by the Chief Officer of the Department to the Inspector for transmission to the Commissioner.

Salary in excess of maximum rate of office.

99. If any officer is in receipt of pay greater than the maximum rate assigned to his grade or office, he may continue to receive such greater pay until he can be employed in another office on work equivalent to his salary. In such cases the Governor-General, on the recommendation of the Commissioner, may fix by order the rate of salary or wages the officer is then receiving, so that it shall neither be increased nor diminished while he holds such first-mentioned office. The rate of salary or wages may be similarly fixed where an officer is in receipt of pay determined as the maximum for his office.

100. (Repealed.)

Appointments at higher than minimum salaries.

101. Where in the opinion of the Commissioner the minimum salary of any grade would not be adequate remuneration for any officer or class of officers on first entering the grade he may assign to such officer or class of officers a minimum salary at any higher subdivision of the grade.

102. (Repealed.)

103. (Repealed.)

Grades of General Division.

104. The General Division shall be arranged in grades as set forth in Table A in this Regulation. Except where otherwise provided the limits of salary to be paid an officer occupying any office designated in Table B in this Regulation shall be those prescribed therein in respect to such office. The Governor-General may, from time to time, upon the recommendation of the Commissioner, create any office in the General Division not designated in Table B, and may fix the grade in which the officer occupying such office shall be placed and the limits of salary for such office, or may raise the grading of any office and fix the limits of salary for such office, and thereupon Table B shall be deemed to have been amended by the inclusion of the office so created or raised.

––––––

Table A.

Grade.

Minimum Salary of Grade.

Maximum Salary of Grade.

£

£

I.

39

60

II.

72

110

III.

126

156

IV.

162

192

V.

VI.

...

...

198

210

VII.

...

228

VIII.

...

240

IX.

252

276

X.

288

360

Table B.

Office.

Grade.

Salary.

Remarks.

Minimum

Maximum

Increments (Annual.)

£

£

£

Armourer...................................................

IV.

174

186

6

 „.......................................................

v.

..

198

...

 „.......................................................

vi.

...

210

...

 „.......................................................

vii.

...

228

...

 „.......................................................

viii.

...

240

..

 „.......................................................

ix.

252

276

Armourer, Assistant

III.

144

156

6

To advance to next Grade after one year’s service at maximum

„ „...................................................

iv.

162

168

6

To advance to next Grade after one year’s service at maximum

Assistant....................................................

II.

72

110

12. 12, 14

„ „..........................................................

II.

126

156

6

Assistant, Senior......................................

II.

144

156

6

To advance to next Grade after one year’s service at maximum

„ „..........................................................

iv.

162

180

6

Blacksmith...............................................

III.

...

156

„ „..................................................

iv.

...

168

Blacksmith’s Striker................................

III.

126

150

6

Boatman...................................................

III.

126

150

6

Boy on Launch........................................

II

72

110

12, 12,

14

Caretaker .................................................

iii

126

156

6

„ „...............................................

iv.

162

180

6

Carpenter

iv.

168

186

6

„ (Ship)……….

iii.

156

..

„  Foreman…….

v.

198

...

„ ..................................

vi.

..

210

..

Coxswain..................................................

iii.

156

...

Inquiry Officer.........................................

vi.

...

210

...

„..................................

vii.

...

228

...

 „.................................................

viii.

...

240

...

Engine-driver............................................

III.

...

156

...

Engine-driver and Fitter.........................

iv.

174

180

6

Farrier........................................................

III

...

156

...

 „..................................................

iv.

...

168

...

Female Assistant (Printing)....................

ii.

72

110

12, 12, 14

Female Assistant (Quarantine).............

II.

72

110

12, 12, 14

Female Supervisor (Printing).................

iii.

126

150

6

Fireman.....................................................

iii.

132

150

6

Foreman Assistant (Quarantine)...........

v.

...

198

...

„ „ „

vi.

...

210

...

Foreman (Stamp Printing)

vii.

...

228

...

French Polisher......................................

iii.

...

156

...

Groom.....................................................

iii.

126

156

6

„ (in charge) ....................................

iv.

162

168

6

Labourer.................................................

iii.

126

138

6

Foreman .........................

iii.

144

156

6

„................................

iv.

162

168

6

Table B—continued.

Office.

Grade.

Salary.

Increments (Annual).

Remarks.

Minimum.

Maximum.

£

£

£

Letter Carrier...........................

II.

72

110

12, 12, 14

To advance to next Grade after one year’s service at maximum

 „ „.......................

III.

126

156

6

Lift Attendant.........................

II.

72

110

12, 12, 14

To advance to next Grade after one year’s service at maximum

 „ „......................

III.

126

132

6

Lineman..................................

III.

132

156

6

„(Senior)

IV.

162

168

6

 „ (in charge of office)

III.

144

156

6

 „ „

IV.

162

168

6

Line Foreman.........................

IV.

174

186

6

 „ Inspector.........

V.

...

198

...

To advance to next Grade after one year’s service in Grade

 „ „......................

VI.

...

210

„„„

 „ „......................

VII.

...

228

...

 „ „......................

VIII.

...

240

...

 „ „......................

IX.

252

276

 „ „......................

X.

288

360

Locksmith and Gasfitter.......

III.

...

156

...

Machinist.................................

III.

...

156

...

 „ ...............................

IV.

162

168

6

 „ (Senior)..........

IV.

...

180

...

Mail Driver..............................

II.

72

110

12, 12, 14

To advance to next Grade after one year’s service at maximum

 „ „......................

III.

126

156

6

 „ „ (Motor)

III.

133

156

6

 „ Officer................

V.

...

198

...

To advance to next Grade after one year’s service in Grade

 „ „...........................

VI.

...

210

...

„ „ „

 „ „...........................

VII.

...

228

„ „ „

 „ „...........................

VIII.

...

240

Mason......................................

IV.

...

168

Messenger................................

I.

39

52

13

To advance to next Grade after one year’s service at maximum

 „.......................................

II.

72

110

12, 12, 14

 „ Senior...........

III.

126

156

6

 „ Ministerial..........

III.

144

156

6

To advance to next Grade after one year’s service at maximum

 „ „.............

IV.

162

180

6

Table B—continued.

Office.

Grade.

Salary.

Increment (Annual)

Remarks.

Minimum.

Maximum

£

£

£

Monitor..........................................

III.

132

156

6

Motor Mechanic .........................

IV.

162

168

6

Notes Sorter .................................

II

72

110

12, 12, 14

Office Cleaner .............................

III.

126

132

6

Overseer of Letter Carriers.........

V.

...

198

...

To advance to next higher Grade after one year’s service in Grade

 „ „............................

VI.

...

210

...

Painter............................................

III.

...

156

...

Painter and Writer ......................

IV.

...

168

...

 „ Foreman................

IV.

174

186

6

Pension Receipt Sorter................

II.

72

110

12, 12, 14

Postal Assistant*..........................

II.

72

110

12, 12, 14

To advance to next Grade after one year’s service at maximum

 „ „ *.....................

III.

132

156

6

 „ „ Senior*

III.

144

156

6

To advance to next Grade after one year’s service at maximum

 „ „ „ ...................... *

IV.

162

192

6

Reader...........................................

IV.

174

180

6

Saddler and Harness-maker......

III.

...

156

...

Sailmaker .....................................

III.

...

156

...

Foreman .....................

IV.

...

174

...

Searcher and Watchman, Assistant

III.

126

138

6

Searcher and Watchman

III.

144

156

6

Searcher and Watchman. Foreman

IV.

174

180

6

Ship Mailman..............................

III.

144

156

6

To advance to next Grade after one year’s service at maximum

„..................................

IV.

162

180

6

Shipping Patrol Officer...............

III.

144

156

6

Sorter..............................................

III.

144

156

6

To advance to next Grade after one year’s service at maximum

 „............................................

IV.

162

192

6

Provided that a sorter shall not be advanced beyond £168 per annum unless reported by the Chief Officer as willing and capable to perform any of the duties of a sorter in the section in which he is employed

Stables Manager..........................

IX.

252

276

* Designation to apply only to officers in positions where telegraphic qualifications are required.

  No increments are provided in these grades. Salary within the limits of the grades will be such as may be determined from time to time by the Commissioner.

Table B—continued.

Office.

Grade.

Salary.

Increments (Annual.)

Remarks.

Minimum.

Maximum

£

£

£

Storeman......................................

III.

126

156

6

Foreman.

IV.

162

180

6

Supervisor ...................................

III.

144

156

6

To advance to next Grade after one year’s service at maximum

 „ ..........................................

IV.

162

174

6

 „ (a)...................................

IV.

162

186

6

Supervisor of Publications........

IX.

252

276

Supervisor of Publications, Assistant..............................................

VI.

...

210

...

Telegraph Messenger..................

I.

39

60

13, 8

Final increment of £8 to be granted only upon passing telegraphic test at rate of 20 words a minute

Telephonist...................................

I.

39

52

13

To advance to next Grade after one year’s service at maximum

........................................................

II.

72

110

12, 12, 14

Tipstaff.........................................

III.

144

156

6

To advance to next Grade after one year’s service at maximum

 „ .......................................

IV.

162

180

6

Typist............................................

II.

72

110

12, 12, 14

To advance to next Grade after one year’s service at maximum

 „...............................

III.

126

156

6

Waggon Repairer........................

III.

...

156

...

Watchman ...................................

III.

126

132

6

Yard Officer.................................

III.

144

156

6

To advance to next Grade after one year’s service at maximum

„............................

IV.

162

168

...

(a)To apply only to supervisors of telephone traffic or such other positions of supervisor as the Commissioner may determine.

Minimum adult salary.

104a. Notwithstanding anything contained in the preceding Regulation, officers of 21 years of age and over shall be paid salary at the rate of £110 per annum if occupying positions of Boy on Launch, Female Assistant (printing), Female Assistant (quarantine). Messenger, Pensions Receipt Sorter, Notes Sorter, or Telephonist, and at the rate of £126 per annum if occupying any other position in Grade I. or II. designated in the preceding Regulation. Where an officer has received £126 per annum under this Regulation his salary may be advanced by annual increments of £6 to the maximum salary of the position filled by him, but salary so paid shall not be taken into consideration for purposes of seniority.

Advancement from grade to grade.

104b. Except where otherwise provided advancement from grade to grade shall be dependent upon the occurrence of vacancies in the higher grades, or upon alteration of the classification of an office.

Grade of officer.

104c. The grade of an officer under the provisions of Regulation 104 shall be that corresponding to his designation, provided that when the same designation occurs in two or more grades the grade of the officer shall be that corresponding to the rate of salary received by him prior to the issue of this Regulation.

Advancement to minimum salary of higher grade.

104d. Notwithstanding anything in the tables contained in Regulation 104, in any case where the Governor-General, on the recommendation of the Commissioner, directs that an office shall be classified in any particular grade, the officer occupying such office may, subject to the approval of the Commissioner, be advanced to the minimum salary of such grade.

––––––––

PART III.—Classification of The Clerical Division.

Clerical Division.

105. The Clerical Division shall include all officers whose offices the Governor-General on the recommendation of the Commissioner directs to be included in such division, and shall be divided into five classes. Each of such classes shall be subdivided as set forth in the following table, and the rate of salary of an officer in a subdivision of any such class shall be that assigned to such subdivision in such table.

Provided that the classification of an officer in a subdivision of the Fourth Class, as existing prior to the commencement of this Regulation, shall not confer any right to advancement to the salary specified in the table in respect of such subdivision:

Provided further that, where the duties of any office included in the First Class are of such a special nature that they would not be adequately remunerated by the rates of salary specified in the table, the Governor-General may, on the recommendation of the Commissioner, fix the salary to be paid to the officer occupying the office at a rate not exceeding Seven hundred pounds per annum.

Class

Annual Salary of Subdivision of Class.

First Subdivision.

Second Subdivision.

Third Subdivision.

Fourth Subdivision.

Fifth Subdivision.

Sixth Subdivision.

Seventh Subdivision.

Eighth Subdivision.

Ninth Subdivision.

£

£

£

£

£

£

£

£

£

First Class ….

520

540

560

580

600

...

...

...

...

Second Class

420

440

460

480

500

...

...

...

...

Third Class ….

310

335

360

380

400

...

...

...

...

Fourth Class

210

235

260

280

300

...

...

...

Fifth Class ….

60

72

84

102

120

138

156

168

180

New appointments to Clerical Division.

106. Except in the cases of persons who are eligible for appointment under sections 33 and 34 of the Act all new appointments to the Clerical Division shall be made to the First Subdivision of the Fifth Class, and the rate of salary at which a person is first appointed to such subdivision shall be Sixty pounds per annum. Every such officer shall be advanced after twelve months’ service in a subdivision to the next higher subdivision, until his salary reaches One hundred and eighty pounds per annum, provided that such advancement has been approved by the Commissioner upon report from the Chief Officer as to the conduct, diligence, and general efficiency of the officer; and provided further that every such officer shall be entitled, upon attaining the age of twenty-one years, to a salary of One hundred and ten pounds per annum.

Allowance to adult clerical officers.

107. An officer of the Clerical Division who has been paid salary at the rate of One hundred and ten pounds per annum by reason of having reached the age of 21 years, shall not be entitled to further increase of salary until such time as he would have become eligible for such increase in the ordinary course of progression through the subdivisions of his class, but upon the approval of the Commissioner he may be granted an allowance at the rate of Sixteen pounds per annum, and such allowance may be increased at the end of each succeeding twelve months at the rate of Twelve pounds per annum, provided that the total amount payable to the officer by way of salary with allowance under this Regulation shall not exceed One hundred and fifty-six pounds per annum.

Election.

232. As soon as practicable after the date on which the Act comes into operation by proclamation, an election of divisional representatives shall be held in each State of the Commonwealth.

Division of officers.

233. For the purposes of the first election to be held in accordance with section 50 of the Act, the officers of the Commonwealth Service shall be held to be divided into classes, whose duties correspond with those of the four divisions described in the Act, viz.:—Administrative, Professional, Clerical, and General, notwithstanding that under existing State Acts governing the administration of the Public Service other names may be applied to these divisions.

Division pending classification.

234. In the event of doubt arising as to the division in which an officer shall be placed, the Chief Officer of each Department in each State shall have power, for the purposes of the first election, or until the classification of officers by the Commissioner has been completed, to decide under which division any officer in his Department may vote.

Record of signatures to be prepared.

235. As soon as practicable after the date on which the Act comes into operation by proclamation, and from time to time thereafter as is necessary, the Chief Officer of each Department in each State shall cause to be prepared a record of signatures of all officers employed, numbering them consecutively, and keeping those of each division separate from those of each other division, and shall, whenever required by the Returning Officer, place the same at his disposal. At the conclusion of each election the record shall be returned to the custody of the Chief Officer for careful preservation.

Returning Officers, nomination.

236. The Commissioner will nominate an officer in each State who shall, for the State in which he is employed, act as Returning Officer in connexion with the election of divisional representatives.

Release from regular duties.

237. For such time as is required for the conduct of the election, and for necessary proceedings antecedent thereto, the Returning Officer shall, if necessary, be released from his regular duties, and shall, for the purposes of the election, be supplied by the Chief Officer of each Department with reasonable clerical assistance, such assistance to be, as nearly as possible, proportionate to the numerical strength of each Department.

Authority to incur expense.

238. The Returning Officer shall have authority to incur the expense in printing and advertising made necessary by these Regulations.

Nominations of candidates.

239. All nominations of candidates for the position of Representative of Division shall be made, in writing, by not less than twenty persons entitled to vote in such division, except in the case of the Administrative and Professional Divisions, where nomination by two persons of each division will suffice, and shall be forwarded, together with the written consent of the candidate, to the Returning Officer six weeks before such date as is intimated for the election by public advertisement inserted three times in the Commonwealth Gazette.

Voting to be by post or by telegraph in special cases.

240. All voting shall be by post. Provided that upon the recommendation of the Returning Officer and the approval of the Commissioner officers may be permitted to vote by telegraph where by reason of remoteness from the capital city of a State

the time fixed between the date for receiving nominations and the date of election is insufficient to enable officers to vote by post.

Ballot-papers to be marked.

241. The Returning Officer shall stamp or initial all ballot-papers issued, and number them on the counterfoil, so as to correspond with the departmental record of signatures of officers.

Delivery of ballot-papers.

242. There shall be delivered or posted to every officer, not less than fourteen days before the date of election, a postal ballot-paper, with a counterfoil attached, and also an envelope, addressed to the Public Service Returning Officer for the State.

Form of ballot-paper.

243. Every ballot-paper shall be in the form or to the effect set forth in the schedule hereto.

Manner of recording vote.

244. Any officer who has received a ballot-paper shall record his vote in the following manner:—

(a) By making a cross in the square opposite the name of the candidate for whom he desires to vote.

(b) By signing his name upon the counterfoil.

(c) By folding up and fastening the ballot-paper so that the vote cannot be seen, and forwarding it by post, enclosed in an envelope, addressed to the Public Service Returning Officer, so that it will reach him not later than 12 o’clock noon on the day of election.

Returning Officer to deal with voting-paper.

245. After comparison of the signature on the counterfoil with the record signature, and if it be found to correspond, the Returning Officer shall detach the counterfoil from the voting-paper, and deposit the voting-paper in a ballot-box.

Rejected ballot-paper.

246. Any rejected ballot-paper shall be preserved with counterfoil attached, pending settlement of any dispute arising out of any election.

Discretion of Returning Officer.

247. The Returning Officer shall have discretion in the matter of accepting any vote, where no reasonable doubt exists as to the identity of the voter with a particular officer.

Scrutineers.

248. Two scrutineers shall be appointed by the Returning Officer, and each candidate shall be allowed to appoint one scrutineer, and all such scrutineers may be present with the Returning Officer when he opens the ballot-box and counts the votes.

Equality of votes.

249. In the case of an equality of votes between candidates, it shall be decided by lot, in such manner as the Returning Officer determines, which of them is elected.

Returning Officer may vote.

250. The Returning Officer shall, if qualified to vote at any election, be entitled to vote in the same manner as if he had not been appointed to act as Returning Officer.

To decide questions.

251. The Returning Officer shall, subject to these Regulations, determine conclusively all questions of detail concerning any election.

Votes to be counted and announced.

252. All votes received prior to 12 o’clock noon on the day of election shall be counted by the Returning Officer in the presence of at least two scrutineers, and the result shall be communicated to the Commissioner, who will announce same in the Commonwealth Gazette.

Divisional Representative, term of office.

253. The term for which a Divisional Representative shall hold office shall be three years from the date of his election, except when a successor is appointed to fill an extraordinary vacancy, in which case such successor shall hold office only for the unexpired portion of the triennium following the general election.

Forfeiture of office.

254. A Divisional Representative shall forfeit office if he is found guilty by a Board of Inquiry of any offence punishable by reduction of salary or dismissal, or if he ceases to be employed in the division for which he was elected or appointed as representative.

Qualification.

255. A Divisional Representative must be an officer employed in the State and division which he represents.

Vacancy.

256. In the event of a vacancy in the office of Divisional Representative, arising from any cause whatever, or where no nomination for the position of Representative has been made, the Commissioner may appoint any officer in the same division, who shall act as Representative until the expiration of the period for which other Divisional Representatives are elected: Provided that in the absence of a Divisional Representative arising from any cause whatever the Commissioner may appoint temporarily an officer from the same division to act in his stead.

SCHEDULE.

–––––

Voting-Paper.

Division

Election of Divisional Representative for the State of

for the above-named Division.

The Examination of Voting-Papers is fixed for half-past 4 o’clock in the afternoon of the  day of 19 at

List of Candidates Nominated.

See Directions at the back of Paper.

 

____________________________________________

 

____________________________________________

 

____________________________________________

 

____________________________________________

(Directions to be printed at back of Voting-Paper.)

(a)Every officer must make a cross in the square opposite the name of the candidate for whom he desires to vote.

(b) He must sign his name on the counterfoil.

(c) He must fold up and fasten the ballot-paper so that the vote cannot be seen, and forward it by post in an envelope addressed to and to reach the Public Service Returning Officer for the State not later than half past 4 o’clock in the afternoon of the day of election.

.................................................................................................................................................

Counterfoil.

Division

Department

Divisional No.

Signature of Officer

––––––

PART XII.—Offences: Boards of Inquiry.

Professional, Clerical, and General Divisions,

Offences.

257. If any officer is charged with—

(a) a breach of the provisions of the Act or of any Regulations thereunder; or

(b) wilful disobedience 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,

the charge shall be made in writing. The officer charged shall be immediately furnished with a copy of the charge, and shall be required to forthwith state in writing whether he admits or denies the truth of such charge, and shall be allowed to give any written explanation with regard to the alleged offence.

Summary reprimand for minor offences.

258. In the case of minor offences against discipline—

(a) The Chief Officer may reprimand or caution any officer (other than an officer of the Administrative Division).

(b)The officers hereinafter prescribed as having power to temporarily suspend officers may reprimand or caution any officer in respect of whom the power to temporarily suspend applies; such caution or reprimand shall be immediately reported to the Chief Officer, together with reasons therefor and particulars of same.

Temporary suspension of officer charged.

259. (1) For any offence whatever, an officer (other than an officer of the Administrative Division) charged, with the commission of such offence, may be temporarily suspended by the Chief Officer.

(2) In emergent cases an officer charged with any offence whatever may be temporarily suspended from duty by the Head of the Branch or Office in which such offending officer is employed or with which he is connected, or in the case of an officer of the Postmaster General’s Department by the Postal Inspector for the district in which the offending officer is employed or located, provided, however, that such liability to temporary suspension shall not extend to officers in charge of sub-branches or offices under the control of the officer so prescribed as having power to temporarily suspend. Any such temporary suspension, together with the reasons therefor, shall be immediately reported to the Chief Officer.

Power of Chief Officer to reprimand, fine.

260. If upon consideration of the circumstances and the explanation (if any) the Chief Officer is of opinion that the alleged offence has not been committed, he may remove the suspension; if, however, he is of opinion that the alleged offence has been committed, but is not of so serious a nature as to justify reference to a Board of Inquiry, he may remove the suspension, and caution or reprimand the officer, or impose a fine not exceeding £10.

or refer charge to Board of Inquiry.

261. Where the Chief Officer is of opinion that an offence is of so serious a nature as to warrant reference to a Board of Inquiry, the following procedure shall be followed:—

(a) The officer charged shall be further suspended by the Chief Officer.

(b) The charge shall be referred forthwith to a Board of Inquiry to be appointed by the Chief Officer, with the approval of a Public Service Inspector.

Constitution of Board of Inquiry.

262. The Board of Inquiry shall consist of—

(a) an officer of the Department in which the accused officer is employed;

(b) an officer of any other Commonwealth Department;

(c) the representative of the division to which the accused officer belongs :

Provided that, instead of the officers specified in paragraphs (a) and (b), or either of them, the Chief Officer, with the approval of a Public Service Inspector, may appoint any person or persons he may deem desirable, whether connected with the Commonwealth Public Service or not. Any two members of a Board of Inquiry may exercise all the powers of such Board.

Commissioner to determine constitution of Board in certain cases.

263. Where the Chief Officer and the Public Service Inspector are not in agreement as to the personnel of a Board of Inquiry proposed to be appointed, the matter shall be referred to the Commissioner by the Public Service Inspector for determination.

Divisional Representative not to sit if personally interested.

264. A Divisional Representative shall not sit on a Board of Inquiry to determine any matter in which he is personally interested, but in any such case the Chief Officer, with the approval of a Public Service Inspector, may appoint any other officer from the same division to act in his stead.

Appointment of chairman.

265. When appointing a Board of Inquiry the Chief Officer, with the approval of a Public Service Inspector, shall name the person who shall act as chairman.

Duties of Board.

266. The Board shall inquire into the truth of the charge or charges made, and after fully hearing the case report to the Chief Officer the proceedings and evidence taken, and their opinion thereon.

Board may appoint person to take evidence.

267. (1) Where it appears to a Board of Inquiry that it is undesirable, by reason of the officer charged being stationed in a remote locality, or by reason of expense, inconvenience, or delay to require the officer 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 officer or witness.

(2) The person so appointed shall take the evidence of the officer 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 Inquiry entitled to be represented before the Board shall be entitled to be represented 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 Inquiry.

Punishment when charge proved.

268. (1) On admission or proof of the charges, the Permanent Head, on the recommendation of the Chief Officer, may—

(a) impose a penalty upon the officer offending; or

(b) deprive him of his leave of absence during a specified period; or

(c) the Commissioner may, according to the nature of the offence, reduce the offending officer to a lower class or grade and salary or wages; or

the Governor-General may—

(a) dismiss the accused officer from the Public Service; or

(b) require him to resign.

(2) In cases were a reduction in stains or salary, dismissal, or enforced resignation is recommended, such recommendation, together with all necessary papers, shall be sent to the Inspector for transmission to the Commissioner, whose decision shall be forwarded to the Permanent Head. Provided, however, that where any question of criminal prosecution by the Department is involved, such recommendation and papers shall, after being submitted to the Inspector for perusal, be forwarded by the Chief Officer to the Commissioner through the Permanent Head.

Removal of suspension.

269. If none of the charges against the suspended officer are found by the Board of Inquiry to be proved, the Chief Officer shall immediately remove the suspension.

Procedure of Board of Inquiry.

270. A Board of Inquiry, when inquiring into the truth of a charge made against any officer, shall—

(a) conduct its inquiry without regard to legal forms and solemnities;

(b) direct itself on the best evidence available, whether such evidence would or would not be admissible in a court of law, and may reject any evidence deemed irrelevant;

(c) have discretion to conduct proceedings in private;

(d) report for consideration of the Governor-General in cases where the charge is found to be not proved, whether reasonable expenses, or any part thereof, shall be paid to the accused officer, and state amount of same.

270a. (1) Where an officer is suspended for an offence, and the charge has been found to be not proven, full pay for the period of suspension shall be allowed.

Payment of salary during suspension.

(2) Where the offence is admitted or proved the officer may be deprived of pay for the whole or any portion of the period of suspension, but in any such case the recommendation of the Chief Officer shall set forth, in addition to any other punishment

C. 17442. c

proposed, the amount of pay of which it is intended to deprive the offender, and any such deprivation shall be regarded and recorded as part of the penalty. In cases where it is found impracticable, owing to the remoteness of the locality where the alleged offenceis stated to have been committed, or for other cogent reasons, to deal with the charge promptly, an officer, on the report of the Chief Officer and the recommendation of the Commissioner, may, after a period of one month from the date of suspension, be granted half pay until the formal investigation is held, provided the suspended officer has not wilfully caused the delay.

Allowances to witnesses.

271. (1) The following shall be the scale of allowances which may be paid to any witness, not being an officer, summoned on behalf of a Department for his travelling expenses and maintenance during his absence from his usual place of residence, and the Claim of any witness upon such scale, as aforesaid, shall be paid and satisfied by the Department concerned if it be certified by the Chairman of such Board:—

Profession, Trade, or Calling.

Allowance for each day of actual attendance at an inquiry or of necessary absence from home in travelling to and from an inquiry.

Not to exceed—

1. Professional men, if attending in a professional capacity

£1

2. Professional men not attending in a professional capacity, bank managers, merchants, accountants, auctioneers, and other persons of similar station in life

15/-

3. Mechanics, clerks, master tradesmen, agriculturists, and other persons of similar station in life

10/-

(According to amount of wages or time lost.)

4. Labourers, and other persons of similar station in life

7/-

(According to amount of wages or time lost.)

5. Members of the Police Force ...............................

The amount of pay lost, and, if stationed out of the locality where the inquiry is held, 2/6 to 5/- extra, according to rank.

(2) In addition to above rates, reasonable travelling expenses actually paid may be allowed, but not to exceed one shilling for every mile a witness resides from the place at which he is required to attend.

(3) The Crown will not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of an officer charged with an offence, excepting in cases where the charge has been found to be not proved, and the evidence was, in the opinion of the Chairman, necessary and material.

(4) The officer conducting the case for the Department will submit the claim made by a witness for expenses to the Chairman of the Board of Inquiry, who will at the hearing fix the sum to be allowed.

Copies of documents to be supplied officer charged.

272. In any case where a charge against an officer is submitted to a Board of Inquiry, a copy of all documents intended to be used at such inquiry shall, where practicable, be furnished to such officer at least seven days before the inquiry is held.

Officers may be represented by counsel.

273. All officers upon the hearing by a Board of Inquiry of any charge against them shall be entitled to be represented by counsel, attorney, or agent, who may examine witnesses and address the Board of Inquiry in their behalf.

Power of Chairman of Board.

274. The Chairman of any Board of Inquiry appointed under the Act shall have power at any time to summon any person whose evidence appears to be material to the determining of any inquiry, and he may examine such person upon oath touching the matter to be investigated.

Persons failing to obey summons may be punished.

275. If, without reasonable cause, any person, not being an officer, summoned as aforesaid, being paid or tendered his reasonable expenses, neglects or fails to appear, or refuses to be sworn or to answer any question put to him by a member of a Board of Inquiry, or to produce all books, documents, or writings pursuant to such summons he shall be liable to pay a penalty not exceeding Twenty pounds, to be recovered by any person authorized so to do by such Board in any court of competent jurisdiction in the State in which such person resides, provided that no such person shall be compelled to answer any question which would tend to incriminate him.

Officer may obtain copy of report of Board.

276. Every officer shall be entitled to a copy of the report of any Board of Inquiry which has investigated any charge made against him.

Constitution of Board of Inquiry, section 65.

276a. A Board of Inquiry, under section 65 of the Act, for the investigation of the question of an officer’s unfitness to discharge, or incapability of discharging, the duties of his office shall consist of—

(a) an officer (to be nominated by the Commissioner) of the Department in which the officer is employed;

(b) an officer (to be nominated by the Commissioner) of any other Department; and

(c) the representative of the division to which the officer, whose unfitness or incapability is to be investigated, belongs; or where in any State there is no representative of the division to which the officer belongs, or where the officer whose unfitness or incapability is to be investigated, is himself the representative of the division to which he belongs, an officer to be nominated by the Commissioner.

Provided that in any case where it appears to the Commissioner that the proper investigation of the subject-matter of the inquiry calls for special technical or other knowledge on the part of the members of the Board of Inquiry, the Commissioner may, in lieu of any one or more of the officers specified above, nominate any one or more persons who, in his opinion, possess the special knowledge required to be a member or members of the Board of Inquiry. Any two members of a Board of Inquiry may exercise all the powers of such Board.

PART XIII.—Boards of Appeal.

Constitution of Board of Appeal.

277. The Board of Appeal under section 50 of the Act shall consist of the Inspector, the Chief Officer of the Department to which the appellant belongs, or an officer nominated by such Chief Officer, and a representative of the division to which the appellant belongs.

Chief Officer may be represented by another officer.

278. The Chief Officer may nominate an officer to represent him for a specified time upon a Board of Appeal, or he may from time to time nominate any other officer who from his special knowledge or experience appears to him to be specially fitted to act on a particular case of appeal.

Commissioner to be advised of representative of Chief Officer.

279. The name of the officer nominated by the Chief Officer to act on a Board of Appeal shall be communicated to the Commissioner at least fourteen days before the date of hearing of appeal.

Divisional Representative not to sit if personally interested.

280. A Divisional Representative shall not sit on a Board of Appeal to determine any matter in which he is personally interested, but in any such case the Commissioner may appoint any other officer from the same division to act in his stead.

Appeals, when to be made.

281. Appeals shall only be considered if made within one month of the date on which the report or recommendation affecting an officer is communicated to him directly, or made known by public advertisement.

Grounds of appeal to be stated.

282. An officer, in his appeal, shall set out concisely the grounds of his dissatisfaction with the action appealed against, and shall forward the same to the Chief Officer of his Department in the State, who shall forthwith transmit it, through the Permanent Head, to the Commissioner.

Appeal to be referred to Board.

283. The Commissioner, unless he is prepared without hearing evidence to decide in favour of the appellant, shall, as soon as may be convenient, forward the appeal to the Inspector, who shall fix a time for the consideration of the appeal, and shall cause the appellant, the Chief Officer, and the Divisional Representative to be informed of the time so fixed.

Chairman.

284. The Inspector shall be the Chairman of the Board of Appeal.

Notice to appellant of hearing.

285. An appellant shall receive at least ten days’ notice of the date upon which his appeal is set down for hearing.

Appellant to supply names of witnesses.

286. At least seven days before the hearing, appellants shall supply the Inspector with the names of all witnesses desired to be in attendance, and who are in a position to give evidence relevant to the appeal.

Crown not responsible for expenses.

287. The Crown will not be responsible for travelling or other expenses of any appellant or witnesses subpoenaed at his request.

Leave to be granted witnesses.

288. The Chief Officer of the Department in any State shall grant such leave as is necessary to insure the attendance of witnesses who are summoned to give evidence before a Board of Appeal.

Commissioner may appoint person to take evidence.

289. Where officers are employed in remote localities, and where arrangements cannot conveniently be made for their attendance in person, or where they would be subjected to great expense in travelling to appear before the Board of Appeal, the Commissioner may appoint a competent person or persons to take evidence on oath concerning the matter of appeal. Such evidence shall be forwarded for consideration of the Board of Appeal. As an alternative, officers similarly situated may state their case in writing to the Board of Appeal, who may, at the request of appellant, allow any officer in the same division resident in the locality where the appeal is to be heard to appear before them on behalf of appellant.

Relative papers to be available for appellant.

290. Before proceeding to take evidence, all papers and correspondence bearing on the decision appealed against shall be read, or otherwise made available for the use of the appellant, provided that the Board may withhold any papers, minutes, or correspondence, if for any reasons of State, of which the Minister shall be the judge, it is considered undesirable to produce them.

Appellant and Board may call evidence.

291. The appellant shall have the right to call evidence in support of his appeal, and the Board may also call evidence to elucidate any matter connected with the case.

Board may exclude irrelevant evidence.

292. Any evidence deemed by the Board to be irrelevant may be excluded.

Evidence to be taken in presence of appellant.

293. All evidence shall be taken in the presence of appellant or his deputy; but if the appellant or his deputy fail to appear, the Board may deal with the appeal on such evidence as is available.

Power to summon witnesses and examine on oath.

294. The Chairman of any Board of Appeal appointed under the Act may at any time summon any person whose evidence appears to be material to the determining of any appeal, and any person so summoned shall attend at such place and time as is specified in such summons, and produce any official or public books, documents, and writings in his custody and control material to the appeal, and the Chairman of such Board may examine such person upon oath touching the matter to be investigated.

Persons failing to obey summons may be punished.

295. If without reasonable cause any person, not being an officer, summoned as aforesaid, being paid or tendered his reasonable expenses, neglects or fails to appear, or refuses to be sworn or to answer any question put to him by a member of a Board of Appeal, or to produce all books, documents, or writings pursuant to such summons, he shall be liable to pay a penalty not exceeding Twenty pounds to be recovered by any person authorized so to do by such Board in any court of competent jurisdiction in the State in which such person resides, provided that no such person shall be compelled to answer any question which would tend to incriminate him.

Allowances to witnesses.

296. The scale of allowances which may be paid to any witness summoned on behalf of a Department for his travelling expenses and maintenance during his absence from his usual place of residence shall be the same as that allowed in connexion with Boards of Inquiry under the Act; and the claim of any witness upon such scale as aforesaid shall be paid and satisfied by the Treasurer out of the consolidated revenue, if it be certified by the Chairman of such Board.

Board to report to Commissioner.

297. The Board, as soon as convenient after the hearing of the appeal, shall transmit the evidence taken, together with a recommendation thereon, to the Commissioner, who shall thereupon determine such appeal.

Commissioner’s decision to be notified.

298. The Commissioner, as soon as convenient after the hearing of the appeal, shall notify the appellant and the Permanent Head of his decision.

PART XIV.—Directions to be observed by Candidates at Competitive Examinations.

Conditions to be observed at examinations.

299. Candidates at examinations shall observe the following directions:—

(a) Candidates are required to present themselves at the place of examination half-an-hour before the time fixed for the examination.

(b) The examination will usually commence at 9 a.m., and close at 5 p.m. An interval of half-an-hour will be allowed in the middle of the day.

(c) No books, manuscripts, writing materials, or blotting-paper are to be brought into the examination-room by candidates, but those who are accustomed to use any particular kind of pen may bring their own.

(d) Candidates may be permitted to leave the examination-room for a short time after giving up a paper, and before proceeding to the next; but no candidate will be allowed to quit the room until he has given up the paper on which he is engaged.

(e) Candidates are to write on one side only of their paper, to lay each sheet, when finished, close beside them with the face downwards, and to take care that no other candidate shall have any opportunity of copying from their paper.

(f) No communication, by word or otherwise, between candidates will be allowed during examination. If a candidate wish to communicate with a superintendent, he must stand up in his place.

(g) Candidates are to prefix to each answer the number or letter corresponding with the question. They are not obliged to copy the question.

(h) In answers to the arithmetical and other mathematical questions the details of the work must be given; no credit will be allowed for answers only.

(i) Warning will be given ten minutes before the time fixed for giving up papers. When the papers are called for, candidates are immediately to cease writing.

(j) Questions may be answered in any order.

(k) Candidates are to fasten their papers together at the upper left-hand corner before giving them up.

(l) Any candidate detected in possession of a book or manuscript, brought with him for his assistance, or in copying from the papers of any other candidate, or in permitting his own papers to be copied, or in attempting to give or obtain assistance of any nature, will be disqualified from further competing in the examination.

(m) On the first page of each subject a candidate must write the date and place of examination; he must also place on every sheet of every subject the distinguishing number allotted to him in the circular from the Commissioner notifying the time and place of examination. On no account must he write his name or initials on any of the papers containing his answers.

(n) Candidates must fill in and return to the superintendent the identification forms which will be handed to them for that purpose.

PART XV.—Instructions for the Guidance of Superintendents at Competitive Examinations.

Duties of Superintendents at Examinations.

300. Superintendents at competitive examinations for admission into the Public Service shall conform to the following instructions:—

(a) Examinations will usually commence at 9 a.m. each day, and close at 5 p.m.

(b) The superintendents will be supplied by the Commissioner before the examination with the names of candidates who will present themselves for examination under their supervision, and also, in a sealed envelope, with the distinguishing number allotted to each candidate. Superintendents must see that each candidate has a distinguishing number.

(c) The examination papers will be forwarded by the examiners to the superintendents in sealed envelopes.

(d) The superintendent will also be furnished by the Commissioner with a supply of identification forms which must be signed by each candidate before he leaves the examination room. At the termination of the examination these forms must be forwarded to the Commissioner in a separate sealed parcel.

(e) The examinations will usually be held in a public building; the rooms should be prepared the day previous to an examination, when all diagrams, maps, &c., having reference to any of the subjects of the examination must be removed from the walls. Ink, pens, blotting-paper, and ruled foolscap writing-paper will be provided.

(f)One of the superintendents at least, must be always present during the examination, to see that the candidates commit no violation of the rules either by assisting each other or by using books or memoranda. If more than one room is used, there must be a superintendent continuously in each room. No persons except the superintendents and the candidates are to be allowed in the room during the examination.

(g) Places must be allotted to the candidates so that they may, where practicable, be seated at least 5 feet apart, and the candidates should be in their seats five minutes before the time fixed for beginning work. No candidate is to be allowed to bring any writing material for use in the examination-room; he may, however, bring his own pens should he so desire.

(h) The sealed envelopes containing the examination questions are to be opened in the examination-room by the superintendents, in the presence of the candidates, just before the time fixed for beginning each paper.

(i) The examination papers, previously numbered by the examiners, are to be given out in numerical order to the candidates, and the Superintendent must see that the time allowed for each paper is not exceeded.

(j) Ten minutes before the time fixed for giving up papers the candidates are to be warned, and on the completion of the time they are immediately to cease writing, arrange their papers in order, see that every sheet has the distinguishing mark upon it, fasten the papers together, and hand them to the superintendents, who will initial or stamp them for identification.

(k) The printed passage furnished for testing spelling by writing from dictation is to be read to the candidates by one of the superintendents. The passage should be first read over to enable the candidates, who are to listen but not to write, to catch the meaning; then it is to be read again slowly, a few words at a time, in order that the candidates may write it. Immediately after this second reading the papers are to be given up. Candidates are not to be allowed any time for final corrections.

(l) Candidates may be permitted to leave the examination-room for a short time after having given up a paper before proceeding to the next; but no candidate is to be allowed to quit the room until he has given up the paper on which he is engaged.

(m) Immediately after the examination, the written answers are to be sealed up bythe superintendents in the examination-room and transmitted to the examiners. Before they are thus sealed up, the superintendents must be careful to see that their initials or stamp and the distinguishing numbers of the candidates are placed upon the papers.

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PART XVI.—Repeal of Previous Regulations.

Repeal of previous Regulations.

301. All Regulations heretofore made under the Act, in force at the commencement of these Regulations, are hereby repealed as fromthe commencement of these Regulations, save as to anything lawfully due, or any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J Mullett, Government Printer for the State of Victoria.

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