Commonwealth Public Service Regulations (Cth)
Commonwealth of Australia.
Department of Home Affairs,
Melbourne, 23rd December, 1902.
HIS Excellency the Governor-General, acting with the advice of the Federal Executive Council, in exercise of the powers conferred upon him by the
WILLIAM JOHN LYNE,
Minister for Home Affairs.
C.11342.
REGULATIONS MADE UNDER THE PROVISIONS OF THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
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CHAPTER I.
Administration and Discipline.
(Sections 20, 21, 40, 66, 63, 69, 70, 71, 72, 79, and 80.)
Introductory.
1. These Regulations shall be construed with reference to the terms and interpretations of the
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.
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.
Part I.—Attendance of Officers.
4. 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 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.
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 mechanics, 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.
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.
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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.
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.
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.
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.
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.
12. To officers who are required to attend on weekdays 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.
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
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.
Part II —Duties of Officers.
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.
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 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. All fines imposed under the Act or Regulations shall be reported monthly by the Chief Officer through the Permanent Head to the Commissioner and to the Auditor-General.
18. As soon as possible after the months of March, June, September, and December in every year, the Permanent Head of each Department shall report to the Commissioner the names of any officers under his control whose attendance or conduct during the preceding quarter has been unsatisfactory, and any such officer may be removed to any other place or district, or otherwise dealt with as for a breach of these Regulations.
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 shall deal with the case under Section 4G of the Act.
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.
21. The Permanent Head of a department shall cause a return to be forwarded not later than the 15th of each month to the Commissioner, showing all punishments inflicted by virtue of the Act or Regulations during the previous month. The return shall set forth the na2me of the officer, office held, nature of offence, and punishment. Such information shall be entered in a book against the officer's name, and preserved as a record in the Commissioner's office.
22. 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.
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 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.
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. During the month of March in each year the Permanent Head of each department shall furnish to the Commissioner a report upon the conduct. diligence. and general efficiency of each officer in the Fifth Class of the Clerical Division.
Such report shall. in the first instance, be made to the Chief Officer by the immediate superior of the officer reported upon, and then forwarded to the Commissioner by the Permanent Head, with such comments as he thinks fit.
Upon the receipt of such report, and upon obtaining any further information which is necessary, the Commissioner will determine whether such officer is entitled to the full amount or any part of the prescribed increase of salary.
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.
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.
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.
27. The Chief Officer, through the Permanent Head, shall immediately report the death of any officer to the Commissioner.
28. Whenever requested by the Inspector the Chief Officer shall supply such returns or other information as may be required.
29. The Chief Officer of each Department in each State shall furnish the Permanent Head not later than the twenty-first day of each quarter with a return showing the names and occupations of all persons temporarily employed at the end of the previous quarter, together with the date each commenced duty—the rate of pay, and the reason for his employment or for the continuance of same. Where the employment of a person has ceased during the preceding quarter, the date of his ceasing duty shall be quoted and a report furnished by the Chief Officer on his conduct and efficiency during the period of employment. The Permanent Head, within one week of receipt of same, shall make such recommendations as he may deem desirable against the name of each person so employed, and forward the return to the Commissioner.
30. 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.
On receiving the report of the Permanent Head, the Commissioner may make a recommendation on the subject to the Governor-General.
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.
32. When any officer occupies for the purpose of residence the whole of 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.
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.
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.
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.
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.
36. Every officer who is summoned either by the Commissioner or Inspector or Chairman of a Board of Inquiry to give evidence upon any subject of inspection, inquiry, or investigation, shall attend at such place and time as is specified in such summons, and produce any official or public books, documents, or writings in his custody or control, material to the inquiry, and shall answer all Questions pertinent thereto, except that he shall not be compelled toanswer any question which would tend to incriminate himself.
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.
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, and the Chief Officer, to the Permanent Head of the Department, and if it be made through any other person it will be treated as irregular, provided, however, that in exceptional cases, an officer may, if he so desire, communicate with the Commissioner through the Permanent Head of his Department, in which case the communication shall, as soon as possible, be forwarded to the Commissioner with any remarks considered necessary.
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 hall 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.
40. Every officer shall in due course and at proper times comply with and giveeffect to all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.
41. Officers are expressly forbidden to publicly discuss or in any way promote political movements. They are further forbidden to use for political purposes information gained by them in the course of duty.
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 Permanent Head or responsible Minister.
43. Officers are prohibited fromseeking 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 write a statement of his claims to the Chief Officer, who shall forward without delay such statement, with any remarks he has to make thereon, to the Permanent Head, who shall transmit it to the Commissioner for consideration.
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.
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 borrowing money by senior officers from their subordinates, is forbidden.
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 and by him to the Permanent Head, who shall forward same 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.
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.
Part III.— Miscellaneous.
48. The offices held by the following persons shall constitute the holders thereof
Deputy Postmaster-General in each State.
Collector of Customs for each State.
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 Department of External Affairs.
The Attorney-General's Department.
The Department of Home Affairs.
The Department of the Treasury.
The Department of Defence.
And in the case of those Departments any reference in these Regulations to a Chief Officer shall, unless inconsistent with the context, be taken to refer to the Permanent Head.
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.
50. 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.
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.
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 Permanent Head, 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 future promotion 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.
51. Transfers from one position temporarily to another in the same Department for a period exceeding three months shall be submitted to the Commissioner for approval.
52. 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 offers, forward it through the Permanent Head to the Commissioner.
On the occurrence of a suitable vacancy, any such applications 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.
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.
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.
(
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 & 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.
55. The maximum amounts for removal of furniture shall be as under:—
(
a ) Officers whose salaries are under £200 per annum, £25.(
b ) Officers with salaries of £200 arid under £400 per annum, £35.(
c ) Officers with salaries of £400 and under £600 per annum, £40.
(d) Officers whose salaries are £600 per annum and over, £50.
In providing for cost of removal only necessary household furniture and effects shall be taken into consideration.
56. 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.
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.
An officer shall not be entitled to any compensation from the Government for losses or damages arising from removal.
Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.
Vouchers must be produced for all sums paid.
Where exceptional circumstances can be shown to. exist, a reasonable amount in excess of the maximum under these Regulations may be authorized bythe Permanent Head.
57. It must be distinctly understood that all increases or increments provided for in any classification under the Act and Regulations shall be discretionary and subject to the recommendation of the Commissioner, the approval of the Governor-General, and the necessary provision for the payment thereof being made by The Parliament.
Increments when allowed shall be payable from the first day of the month following the date they accrue.
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.
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 go as to include other officers or persons more conversant with the duties of the position.
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.
60. Officers will be required to perform public duty beyond the usual hours, whenever it is necessary to bring up arrears of work, or to meet any temporary pressure of business. When a portion of the work of any office has fallen into arrear, the staff dealing with such work, or, at the discretion of theChief Officer, the whole staff, shall be retained after the ordinary office hours until such arrears are brought up. Every officer shall, when required by an officer in charge of his branch or subdivision, remain after the usual office hours to complete work which the officer in charge considers necessary to be done on the same day.
61. Only work which, from its character or from special circumstances, cannot be performed during the prescribed office hours, shall be regarded as overtime work, for which extra payment may be made. The right to such extra payment shall be determined by the Commissioner, on the recommendation of the
Permanent Head, after such work has been completed to the satisfaction of the Chief Officer; but, before any such payment is sanctioned the Permanent Head shall supply the Commissioner with such information as will satisfy him that such payment is fairly due; and. in every case where overtime is worked, a full record thereof shall be kept. No Permanent Head shall recommend any payment for overtime to officers employed in bringing up arrears of work which properly comes within the scope of their ordinary duties. Where it is possible to do so equivalent time off should be granted in lieu of overtime payment. Provided that overtime to the extent of twenty hours during any financial year may be paid to any officer, on the approval of the Permanent Head, without reference to the Commissioner. Provided, further, that no overtime shall be paid for until after 5.30 p.m., and unless the services of the officer are required after 7 p.m., and then only for the time during which he has actually been working. This Regulation applies only to officers who are required to attend on week days from 9 a.m. to 4.30 p.m.
62. Working overtime should be discouraged, so far as is practicable, but when in order to deal with the work extra attendance is necessary, the Permanent Head or Chief Officer should make arrangements to give equivalent time off when convenient to the Department, or he may authorize payment as follows :—
Two weeks consecutive attendance is to be reckoned, and every hour in excess of 88 hours may be paid as overtime, at the rates stipulated in the following Regulation. This Regulation refers particularly to the principal telegraph offices where there are shifts of staff. Overtime payments are not to be made at country offices without the express sanction of the Permanent Head or the Chief Officer. This Regulation applies only to officers in the Professional and Clerical Divisions.
63. The following shall be the rates of payment for overtime where such payment is sanctioned, and shall apply only to officers of the Professional and Clerical Divisions :—
Officers receiving a salary of £100 a year and under, 1s. an hour.
Officers receiving over £100 a year and up to £150 a year, 1s. 6d. an hour.
Officers receiving over £150 a year and up to £200 a year, 1s. 9d. an hour.
Officers receiving over £200 a year and up to £300 a year, 2s. an hour.
Officers receiving over £300 a year, 2s. 6d. an hour.
64. The following shall be the rates of payment for overtime for officers of the General Division when such payment is sanctioned, viz.:—
Officers receiving a salary of £100 a year and under, 9d. an hour.
Officers receiving over £100 a year and up to £150 a year, 1s. an hour.
Officers receiving over £150 a year and up to £200 a year, 1s. 3d. an hour.
Officers receiving over £200 a year and up to £250 a year, 1s. 6d. an hour.
Officers receiving over £250 a year and up to £300 a year, 2s. an hour.
Officers receiving over £300 a year 2s. 6d. an hour.
Messengers, and such other officers as the Commissioner specifies from time to time, shall not be entitled to any overtime, except in special cases to be determined by the Commissioner.
65. Tea-money shall in no case be allowed unless an officer is directed, in writing, by the Chief Officer of the Department or other responsible officer to attend after ordinary hours, and works for at least two hours after the usual office hours. When tea-money is allowed it shall be on the following scale :—To officers receiving £500 a year and over, 2s. 6d.; £200 and under £500 a year. 2s.; and under £200 a year, 1s. 6d.
Tea-money shall not be allowed when overtime pay is given.
66. Where an officer is necessarily required to attend on a Sunday for the whole day the Permanent Head or Chief Officer may authorize the grant of a day's pay, or if employed for less than a day a sum proportionate to the time so employed. No allowance shall be paid for Sunday duty where an officer is in residence and where his attendance is intermittent and for brief periods.
No officer or employé in the Public Service shall be liable to dismissal or punishment or other disability for refusing on conscientious grounds to work on Sunday if he has previously notified the Chief Officer that he has conscientious scruples against so working; but he shall not refuse when called upon by his immediate superior to perform Sunday duty in cases of necessity. If it should subsequently be found that an officer has improperly made use of this Regulation to avoid the performance of his duties, his conduct shall be regarded as a breach of Regulations under the Act.
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.
68. When a public officer, engaged in executing 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 said sum into the Consolidated Revenue.
69. An officer subpoenaed or called as a witness must promptly notify the Chief Officer.
An officer required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but in cases where the officer is required to travel he may be allowed his ordinary travelling allowance.
Officers subpoenaed or called as witnesses on behalf of a State Government or of any person 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, "Other."
Officers who have had to travel to attend a court to give evidence as witnesses may be granted the ordinary travelling allowance, which should be charged to the Departmental vote.
Officers receiving witness fees shall make out an account showing the amount of the fees received, and shall forward such account, with the receipt from the Receiver of Revenue, to the Chief Officer
70. Every officer intrusted with the collection or expenditure of public moneys, or placed in any position of financial responsibility shall, when so directed by the Treasurer, furnish him with a guarantee policy of some assurance society approved by the Governor-General and carrying on business in the Commonwealth, or other satisfactory security for the proper discharge of his duties in such amount as shall be determined by the Treasurer. He shall continue such policy so long as he remains in the employ of the Government, and is required to find such security. In the event of any officer failing to pay the premium on such policy by the due date the Chief Officer may deduct the amount of premium from any moneys due to the officer and pay such premium to the company. The Chief Officer shall through the Permanent Head advise the Treasurer immediately any officer is called upon to collect or disburse public moneys. He shall also inform the Treasurer from time to time of any change of duty or responsibility that makes it necessary that the amount of security shall be decreased or increased.
On the discovery of a deficiency, the Permanent Head shall notify the Guarantee Company concerned and the Treasurer as to the fact of such deficiency and the probable amount thereof.
Immediately after the exact amount of the deficiency has been ascertained, a statement thereof, verified by the Permanent Head, shall be forwarded to the Treasurer, who will make a claim upon the Guarantee Company.
As regards Departments m the State of New South Wales other than the Department of Trade and Customs, until otherwise arranged, "the State Treasurer" shall be communicated with instead of "the Guarantee Company" mentioned in this regulation.
The foregoing arrangement shall continue in force until a Treasury Guarantee Fund is established in connexion with the Commonwealth.
1. 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.
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.
73. No officer, except on the recommendation of the Commissioner after report from the Permanent Head and with the express permission of the Governor-General, 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 any company 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.
74. No address or testimonial shall be accepted by any officer without the sanction in writing of the responsible Minister.
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, and shall contain a statement of the applicant's length of service and the periods he has been absent from duty on sick leave or extended leave during the preceding three year's. 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.
76. 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.
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.
77. Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner.
The Minister, in cases of sickness or ill-health, may, on production of satisfactory evidence, grant extended leave, not exceeding three months, in accordance with the following schedule:—
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 |
|
Over five years and under ten | 2 | 1 | |
Over ten years | 3 | … | |
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 granted with the approval of the Governor-General, 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 Commissioner :—
Period for which leave may be granted, on— | ||||
Length of Service in State and Commonwealth. | Half-pay. | Third Pay. | Without Pay. | |
Mths. | Mths. | Mths. | ||
Under five years | 1 | 6 | 8 |
|
Over five years and under ten | 3 | 6 | 6 | |
Over ten years.. | 6 | 3 | 6 | |
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 Commissioner, has certified that he is fit to resume work.
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.
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 1rs attendance and report and if such report is in the opinion of the Chief Officer not favorable to the officer concerned, 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 cause.
82. Leave of absence in case of illness shall not be reckoned as nor included in leave of absence for recreation.
83. 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.
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.
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 be included as part of such officer's period of service.
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.
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 Minister, on the recommendation of the Permanent Head, twenty-four days' leave of absence in any year, exclusive of Sundays, for recreation purposes.
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 Regulation 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 Permanent Head, the conditions are such as to warrant the granting of such leave.
In very exceptional cases, to which this regulation applies, the Permanent Head may, in addition to leave, grant such reasonable time for travelling, not exceeding two weeks, as circumstances warrant.
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.
88. Leave granted to officers who are members of the Defence Forces, for the purpose of carrying out duties imposed on them by Naval or Military Regulations, shall not, however, be deducted.
89. Leave of absence may be granted by the Governor-General, on the recommendation of the Commissioner, to any officer who has continued in the service of the Commonwealth or, in the case of officers transferred, in the service of a State and the Commonwealth, at least twenty years, for a period not exceeding twelve months on half-pay, or six months on full pay, but during such period of absence such officer shall not be entitled to receive any addition to his rate of pay. No such leave of absence shall be granted to any officer who has been reduced for misconduct or at any time deprived of leave of absence as a punishment for an offence under section 46 of the Act.
90. In the month of January in each year, each Permanent Head shall furnish to the Commissioner a statement giving full particulars of any leave of absence other than ordinary leave for recreation purposes granted under these Regulations during the previous year.
91. 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.
Whenever any of the said days falls upon a Sunday the next following Monday shall be observed as a holiday in the public offices in lieu of such Sunday.
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 hereinbefore 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.
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.
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CHAPTER II.
Classification of the General Division.
(Sections 15, 16, 18, 25, and 80(
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. The Commissioner, after such investigation as he deems desirable, will arrange the officers of the General Division into grades, and, if found necessary, into sub-divisions within the grades, and will determine the scale or amount of salary or wages that shall be payable to the officers in each grade and subdivision. Any officer of the General Division who has served for three years, and has attained the age of twenty-one years, shall be paid a salary of not less than One hundred and ten pounds per annum.
97. The Commissioner will assign to each officer of the General Division a position in one or other of the grades, and will determine whether the salary or wages of any officer or class of officers shall be fixed at any sum within a grade or become subject to the increment prescribed for the grade.
98. Increments may, subject to Regulations, be granted to such officers or classes of officers in the General Division within the several grades as are determined by the Commissioner.
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 to the Commissioner by the Permanent Head of the Department.
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. Notwithstanding anything contained in these Regulations, officers may, until the Commissioner has made full inquiries and classified them, continue to receive the salaries or wages provided under the State Acts or Regulations, but thereafter shall not continue to receive such salary or wages unless approved by the Governor-General upon the recommendation of the Commissioner.
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. Any officer transferred or promoted at his own request to any office or grade in the General Division shall thereupon be junior to any officer already in such office or grade, but shall be paid an amount not less than that which he was receiving immediately before such transfer or promotion provided it be not greater than the maximum rate for his new office or grade.
103. Officers may be promoted from grade to grade by the Governor-General on the recommendation of the Commissioner whenever vacancies occur in the next higher grade, but not otherwise.
104. The numbers of each class of officers in each grade shall be maintained as nearly as possible in the proportions that are from time to time determined for each State by the Commissioner.
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CHAPTER III.
Classification of the Clerical Division.
(Sections 15, 16, 19, 21, 22, 23, and 24.)
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 schedule, and the rate of salary of an officer in a subdivision of any such class shall be that assigned to such subdivision in such schedule.
Class. | Annual Salary of Subdivision of Class. | |||||
First Subdivision. | Second Subdivision. | Third Subdivision. | Fourth Subdivision. | Fifth Subdivision. | Sixth Subdivision. | |
£ | £ | £ | £ | £ | £ | |
First......... | 520 | 540 | 560 | 580 | 600 | ... |
Second.... | 420 | 440 | 460 | 480 | 500 | ... |
Third....... | 310 | 335 | 360 | 380 | 400 | ... |
Fourth..... | 185 | 210 | 235 | 260 | 285 | ... |
40 | ... | |||||
Fifth........ | 50 | 80 | 100 | 120 | 140 | 160 |
60 | ||||||
106. All new appointments to the Clerical Division shall be made to the First Subdivision of the Fifth Class, and the rate of the salary at which a person is first appointed to such subdivision shall be Forty pounds per annum.
107. Subject to the provisions of these Regulations, the salary of such officer shall, at the expiration of not less than six months, be increased to the rate of Fifty pounds per annum, and at the expiration of a further period of not less than six months to the rate of Sixty pounds per annum.
108. Every such officer shall thereafter be entitled, subject to Regulations, to receive an increase of Twenty pounds per annum, or such part thereof as is determined by the Commissioner, at the end of every succeeding twelve months until such salary has reached One hundred and sixty pounds per annum.
109. In the fourth and higher classes of the Clerical Division no officer shall be advanced within a class except by promotion from one subdivision to the next higher subdivision, and until he has been at least twelve months in the subdivision from which it is proposed to promote him, but any such advancement may be authorized subject to Regulations, whether there is or is not a vacancy in the subdivision to which the promotion is made.
110. No officer shall be promoted from one class to another unless he has served at least oneyear in each subdivision of the lower class, and then only a fill a vacancy or a new office in the higher class, provided that upon a report from the permanent Head and the recommendation of the Commissioner an officer may be promoted from any class to the next higher class, although he has not served one year in each subdivision of the class from which he is promoted.
111. No advancement within a class, or promotion from class to class, shall be allowed unless the Commissioner is satisfied by the reports of the Inspector and the Permanent Head that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct to receive it. The existing classification in the several States shall be maintained until the Commissioner makes inquiries and classifies the officers of the Public Service.
______
CHAPTER IV.
Classification of Professional Division.
(Sections 15, 16 (2), 43, 44, and 80
112. The Professional Division shall include Barristers, Solicitors, Medical Practitioners, Engineers, Architects, Actuaries, Land Surveyors, Draughtsmen, and others who, subject to the approval of the Governor-General on the recommendation of the Commissioner, are classified or admitted to the Public Service as such.
113. All officers in Class A in receipt of over £600 per annum (except those paid a specified rate by virtue of any Act) shall be paid such salaries as are recommended from time to time by the Commissioner and provided in the Appropriation Act. An officer may be classified in any subdivision of Class A according to the amount and importance of his work, and on the approval by the Governor-General of such classification, the salary attached to such officer shall be regarded as fixed in accordance with section 20 of the Act.
114. Officers shall be classified as under :—
Class. | Annual Salary of Subdivision of Class. | |||||||
First Subdivision. | Second Subdivision. | Third Subdivision. | Fourth Subdivision. | Fifth Subdivision. | Sixth Subdivision. | |||
£ | £ | £ | £ | £ | £ | |||
A | ... | 650 | 700 | 750 | 800 | 900 | 1,000 | |
B | ... | 520 | 540 | 560 | 580 | 600 | ... | |
C | ... | 420 | 440 | 460 | 480 | 500 | ... | |
D | ... | 310 | 335 | 360 | 380 | 400 | ... | |
E | ... | 185 | 210 | 235 | 260 | 285 | ... | |
F | ... | 60 | 80 | 100 | 120 | 140 | 160 | |
115. Except in the cases of persons appointed under section 31 of the Act, all new appointments to the Professional Division shall be made to the first subdivision of Class F, and the rate, of salary at which a person is first appointed to such subdivision shall be £60 per annum.
116. Subject to favorable report by the Permanent Head every officer of the Professional Division in Class F who has been twelve months in the service shall be eligible, on the recommendation of the Commissioner, to receive an annual increase of salary not exceeding £20 until he reaches £160 per annum.
Provided that he shall be required to pass an examination qualified to test his professional knowledge of the special work upon which he may be engaged and his general fitness for promotion before he is promoted from Class F.
117. No officer shall be advanced within a class in Classes E to B of the Professional Division, except by promotion from one subdivision to the next higher subdivision thereof. No such officer shall until he has been at least twelve months in a subdivision of a class in the Professional Division be promoted to a higher subdivision thereof.
118. No promotion of any officer from class to class or within the limits of a class in Classes E to B in the Professional Division shall be granted, unless the Commissioner is satisfied.
by the reports of the Inspector and the Permanent Head that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct, to receive it. The existing classification in the several States shall be maintained until the Commissioner makes inquiries and classifies the officers of the Public Service.
119. No officer shall be promoted from a class in the Professional Division to the next higher class, or be transferred from one department to another, unless he has passed the non-competitive examination prescribed in section 43 of the Act—such examination shall be of such a nature as will test his knowledge of the work to be performed in the higher position, and of subjects acquaintance with which would increase the efficiency of the department.
Provided that, where reported by the Commissioner to be unnecessary, examination may be dispensed with in the case of Barristers, Solicitors, Medical Practitioners, Engineers, Architects, Actuaries, Land Surveyors, and Draughtsmen employed and seeking promotion or transfer in the line of their profession.
120. Examinations for promotion in or transfer to the Professional Division shall be held from time to time and be conducted by a board consisting of three competent persons appointed by the Governor-General on the recommendation of the Commissioner. one of whom shall be a professional officer in the same department of the service in which the officer is employed, to be selected by the Permanent Head, one, a senior professional officer from another department, and one to be selected by the Commissioner.
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CHAPTER V.
Temporary Employment.
(Sections 40 and 80 (
121. Whenever in the opinion of the Minister the business of a department renders temporary assistance necessary, the Permanent Head shall apply to the Commissioner to provide such assistance, describing the duties to be performed and the probable period of employment; if the Commissioner is unable to comply with this demand by transferring officers from other departments in the State in which such assistance is required, the Permanent Head or the Chief Officer shall select, in order of registration as far as possible, having regard to the nature of the work, from the persons whose names are upon the register in the State in which such assistance is required, such available person or persons as appear to be best qualified for such work, and shall supply the Commissioner and Inspector with the names of those selected. Provided that in cases of emergency in any State where the Commissioner is not resident the Chief Officer, on the certificate of the Inspector that no assistance from other departments is available, may select from the register any person considered suitable for the work to be done, and any such person may be employed until such time as the authority of the Minister can be obtained.
122. Every person applying to be recorded for employment on any temporary work in any department under the Commonwealth must forward an application in his own handwriting, stating his full name and address, the date of his birth, whether he is a British subject, length of residence in the State if not born therein, and, if naturalized, date of letters of naturalization, and a full description of the work desired by him and the work to which he has been accustomed. Application must be made as under :—
For the State where the Commissioner has his office—To the Commissioner.
For other States—To the Inspector for the State in which the applicant resides.
123. Every applicant must forward with his application documentary evidence that he is of good moral character and industrious habits, of sound bodily health, and possesses the physical strength necessary for the performance of the work which he desires and, if possible, testimonials from recent employers.
Applicants are prohibited from using the interest of any person in order to obtain temporary employment.
124. Every applicant for temporary employment in a clerical capacity must address the Commissioner or the Inspector (as the case may be) in his own handwriting in a communication of not less than 50 words in length, and, in addition to a general statement of his qualifications, must state whether he is able to write shorthand and use a type-writer, or whether he has been accustomed to accounts, and, if such be the case, furnish evidence thereof.
125. Every applicant for employment in any temporary work requiring the exercise of skill usually acquired in some profession, mechanical trade, or other occupation, must satisfy the Chief Officer that he possesses the skill and experience necessary for the work he desires.
120. Every applicant who, in the opinion of the Commissioner or the Inspector (as the case may be), has complied with the above regulations, and from the evidence furnished appears to be qualified to perform the work applied for, shall be deemed to be a fit and proper person to be employed in temporary employment, and his full name, and address, and his age, together with the date of entry, and a full description of the kind of temporary work which he desires, and such other particulars as the Commissioner directs, shall forthwith be entered in a book to be called the "Temporary Employment Register." Provided always, that, if the work desired is clerical, the Commissioner or the Inspector must first be satisfied with the applicant's handwriting.
127. Whenever any person whose name is recorded in the "Temporary Employment Register" is nominated for employment under the provisions of section 40 of the Act, an entry shall be made in the Register of such nomination.
128. The name of any person who accepts employment under the provisions of section 40 of the Act shall be struck out of the Register.
129. Whenever any person whose name is recorded in the "Temporary Employment Register" is proposed for appointment to perform temporary work of the kind desired by him, and he is not available or not willing to be so appointed, his name may be removed from the Register.
130. If any person omits to cause a reply to be delivered at the office of the Commissioner or the Inspector (as the case may be) within seven days to any letter from the Commissioner or the Inspector requesting him to state whether he is prepared to accept such temporary employment, his name may be removed from the register.
131. Every name which has remained on the "Temporary Employment Register" for the space of nine months from the date of entry shall be removed from the Register, unless in the meantime the applicant has applied to the Commissioner or the Inspector (as the case may be) to be re-registered, in which case he shall retain his position on the Register.
132. No person who has been temporarily employed in any department for a period of six months continuously, or for nine months continuously where extended, or for six months on the whole in any twelve months, shall during the six months following such temporary employment be eligible for further temporary employment.
The services of any person temporarily employed may be dispensed with at any time by the Minister or by the Permanent Head or Chief Officer.
133. Whenever it appears in the public interest to be desirable in the carrying out of any public work or scheme, the Governor-General, on the recommendation of the Commissioner, may order that the temporary employment of all or any persons employed upon such work or scheme may be continued until completion of the same.
134. The Permanent Head or Chief Officer, when forwarding an application to the Commissioner, shall state what amount of salary, fee, or allowance is. in his opinion, appropriate to the work to be performed, but the rate of payment shall be the same as is paid to permanent employés of the Commonwealth in the State for similar work.
135. When renewing an application or when re-applying after completing a term of employment, it shall not be necessary within a period of two years from the date of the first application to furnish further evidence of health and character.
Applicants for registration for further employment must forward with their application a certificate from the Permanent Head or the Chief Officer or the superior officer under whom they have been serving in the State that the work on which they
have been engaged has been performed in a satisfactory manner, and that they have been punctual in attendance, diligent, and well conducted.
136. Every temporary employé shall be deemed to be subject to the regulations for the time being for the guidance of officers of the Commonwealth Public Service relating to—
Attendance ;
Absence from duty ;
Performance of duties ;
Holidays prescribed by section 72 of the Act.
137. Any temporary employé charged with the commission of an offence may—
(a) In the case of minor offences against discipline, be reprimanded or cautioned by the Chief Officer. or, in any office or place not under his immediate control, by the principal officer in such office or place.
(b) In the case of offences of a more serious nature, be suspended by the Chief Officer or such principal officer.
The officer suspending shall forthwith furnish the offending employé with a copy of the charge on which he is suspended, and require him to forthwith state, in writing. whether he admits or denies the truth of such charge, and to give any explanation, in writing, as to such offence for the consideration of the Chief Officer.
On receipt of such explanation, the Chief Officer, Permanent Head, or Minister may summarily deal with the offending employé, or, if such a course be deemed necessary, any person or persons may be appointed to make further inquiry and report.
138. If any temporary employé be found guilty—
(
a ) of wilful disobedience; or
(b) of being negligent or careless in the discharge of his duties; or(
c ) of being inefficient or incompetent; or
(d) of using intoxicating beverages to excess; or
(e) of any disgraceful or improper conduct ;
then such temporary employé shall be liable to summary dismissal by the Minister, or by the Permanent Head, or by the Chief Officer.
In the case of minor offences he may be fined, reprimanded, or cautioned by the Chief Officer, who shall report same through the Permanent Head to the Commissioner. In the event of dismissal of a temporary employé, the Commissioner shall be notified.
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CHAPTER VI.
Employment of Married Women.
(Section 80 (
139. The employment of married women in the service is deemed undesirable, but if in any special case it should be considered advisable to depart from this rule, employment may be sanctioned upon the recommendation of the Permanent Head and the special certificate of the Commissioner in each case.
140. Unless the Permanent Head recommends, and the Commissioner certifies that her continuance in office is required in the public interest, a female officer upon her marriage shall, if she has been continuously employed for at least five years, be granted leave of absence on full pay in accordance with the following scale. At the expiration of any leave so granted she shall be deemed to have forfeited her office, and shall thereupon cease to perform her duties and to receive her salary :—
Length of Service. | Period of Leave. |
5 years and under 8 years.... | 1 month |
Over 8 years and under 12 years | 2 months |
Over 12 years...................... | 3 months |
CHAPTER VII.
Promotion and Transfer with Promotion of Officers.
(Sections 21, 23, 42, 44, and 80(
141. On the report of the Permanent Head, an officer may with his own consent be transferred or promoted from one Division to any other, provided that—
(
a ) In the case of transfer or promotion from the Clerical or General to the Professional Division he shall first pass the ordinary or special examination prescribed for entrance to the class in the Department to which it is proposed to promote or transfer him. The special examination may be conducted by a Board of Examiners of not less than three persons appointed by the Commissioner and shall be of such a nature as will test the practical knowledge of the candidate of the duties which he would be expected to perform in the new position to which he desires to be transferred or promoted.(
b ) In the case of transfer or promotion from the General to the Clerical Division he shall first pass the tests and examination prescribed in Regulation 197.
142. No transfer from the General Division shall be made unless the officer is deemed the most eligible of those available, and if transferred he shall continue to receive the salary paid to him while in the General Division, but he shall rank in order of seniority as follows :—
(a) In the case of an officer receiving less than £110 per annum—at the bottom of the class to which he is transferred.(
b ) In the case of an officer receiving salary of £110 per annum and less than £160—below all those in the Clerical or Professional Divisions receiving £110 per annum and upwards.(
c ) In the case of an officer receiving in excess of £160 per annum—at the bottom of the class to which he is transferred.
143. The transfer of an officer from one department to another, or from one position to another position in the same department, for the purpose of promotion, may be temporary for a period not exceeding one month, and the officer transferred shall not receive promotion to the superior class or position unless he satisfies the Commissioner of his ability to perform the work. If it appears to the Commissioner that such officer is not fitted to perform the duties required of him, he may if practicable be re-transferred to the position previously occupied by him in the department or to some other similar position.
144. Every officer in the Clerical Division shall be entitled, if of the age of twenty-one years, to a salary of One hundred and ten pounds per annum, provided he has been employed for a period of not less than three years in the Public Service, of which one year has been in such division, and shows by passing one of the prescribed examinations mentioned in Regulations Nos. 145 and 146 that he is capable of doing the work of an office to which the salary of that amount is attached.
The increase of the salary of any officer who has been paid One hundred and ten pounds per annum under the provisions of this Regulation and whom the Commissioner determines to be entitled to increment shall be Ten pounds for the twelve months succeeding such increase.
145. The examination under sub-section 6 of section 21 of the Act shall be of a practical nature, and shall be conducted by the Inspector, or any other person authorized by the Commissioner.
Officers shall be examined in
(a) Précis writing.
(b) Letter writing.(
c ) Making fair copies of rough and abbreviated notes.
(d) Handwriting.
(e) Shorthand.(
f ) Typewriting.
(g) Knowledge of Departmental Acts and Regulations.
(h) Practical questions based upon the work of the Branch in which the person under examination is employed.
In lieu of any of the foregoing subjects the Commissioner may from time to time in special cases direct that an officer be examined in any other subject.
146. Officers in the Post and Telegraph Department in positions where operating ability is necessary shall be required to pass in the following subjects:—
(a) Handwriting.(
b ) Dictation.(
c ) Knowledge of Departmental Acts and Regulations.
(d) Sending and receiving telegraph messages on" a Morse line at the rate of twenty words per minute (five letters to count as one word).
(e) Adjustment of relays, registers, and sounders, in ordinary use.(
f ) Simple tests for office faults.
Provided that the Commissioner may exempt from the examination prescribed in Regulation No. 145 or this Regulation any officer who has already passed an examination which, in the opinion of the Commissioner, entitles such officer per to such exemption, or he may for the same reason exempt an officer from examination in any one or more of the subjects prescribed.
147. When a vacancy occurs in any department, the Permanent Head thereof shall state to the Commissioner whether or not, in his opinion, it is expedient to fill the vacancy.
If it is found necessary to fill such vacancy, the Governor-General may, on the recommendation of the Commissioner and subject tp the provisions of theAct—
appoint an officer of the department in which such vacancy occurs, regard being had to the relative efficiency, or in the event of an equality of efficiency of two or more officers, to the relative seniority of the officers of such department; or
appoint any qualified officer from any other department whom on the ground of efficiency, or in the event of an equality of efficiency of two or more officers whom on the ground of seniority it appears desirable so to appoint, if it appears that such appointment would result in the work of such office being more efficiently performed than by selecting an officer from the department in which such vacancy occurs.
"Efficiency" means special qualifications and aptitude for the discharge of the duties of the office to be filled together with merit and good and diligent conduct.
148. When a vacancy occurs in any office the following action shall be taken :—
(
a ) As soon as practicable the vacancy shall be reported by the Chief Officer through the Permanent Head to the Commissioner, unless such vacancy has been the result of a recommendation by the Commissioner to the Governor-General.
( b ) As soon as practicable after receiving such report, or after the Governor-General's approval of a recommendation which results in a vacancy, the Commissioner will cause to be published in theCommonwealth Gazette anotice stating the office to be filled, the locality, the division, and the salary.(
c ) The Chief Officer of the Department in the State may direct any officer temporarily to carry out the duties of the vacant office, but such temporary occupancy of the position shall not confer any claim to appointment.
(d) The Permanent Head if resident in the State in which the vacancy occurs shall, as soon as possible, after notification of a vacancy, furnish a report upon the expediency of filling it, and he may suggest the name of any officer whom he considers fitted for promotion to the vacant office.(
e ) When the vacancy occurs in a State in which the Permanent Head is not resident, the Chief Officer of the Department in the State shall furnish a report upon the expediency of filling the vacancy, and may suggest the name of the officer who, in his opinion. should be promoted. Before the report is forwarded to the Permanent Head, the papers in the case shall be sent to the Inspector for his information, in order that he may be in a position to report independently for the information of the Commissioner. On return of the papers from theInspector, they shall be forwarded by the Chief Officer to the Permanent Head who shall forward them, with anyremarks deemed necessary, to the Commissioner.(
f )The Commissioner after due inquiry and on being satisfied that an appointment is required will issue a certificate to that effect naming the officer entitled to be appointed, and should there be no officer so entitled, then naming the person entitled by examination under the provisions of the Act and Regulations, and the Governor-General may appoint such person on probation.
Persons registered shall only be eligible for appointment in the State in which they have been examined.
230. If any person declines to accept an appointment which is offered to him, his name may thereupon be removed from the Register. The name of a candidate may also be removed from the Register if he fails to reply within seven days to any communication from the Commissioner, respecting his nomination to the Public Service, addressed to him at his last-known place of residence.
231. Every person admitted to the Public Service shall in the first instance be appointed on probation for a period of six months, but his services may be dispensed with by the Commissioner at any time during such period. Before the expiration of the period of probation the Permanent Head shall report to the Commissioner on the manner in which the probationer has performed his duties, and upon his general conduct. Upon receipt of such report the Commissioner will recommend to the Governor-General that the appointment be confirmed or annulled, or that the period of probation be extended for a further period of six months.
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CHAPTER XI.
Election of Divisional Representatives on Boards
(Sections 46, 50, and 80
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.
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.
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.
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.
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.
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.
238. The Returning Officer shall have authority to incur the expense in printing and advertising made necessary by these regulations.
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
240. All voting shall be by post.
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.
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.
243. Every ballot-paper shall be in the form or to the effect set forth in the schedule hereto.
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 half-past four o'clock on the afternoon of the day of election.
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.
240. Any rejected ballot-paper shall be preserved with counterfoil attached, pending settlement of any dispute arising out of any election.
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.
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.
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.
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.
251. The Returning Officer shall, subject to these Regulations, determine conclusively all questions of detail concerning any election.
252. All votes received prior to half-past four o'clock on the afternoon of 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
253. The term for which a Divisional Representative shall hold office shall he three years from the date of his election.
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.
255. A Divisional Representative must be an officer employed in the State and division which he represents.
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. For the period antecedent to the first election of Divisional Representatives, the Commissioner may nominate any officer of the division to which an appellant or accused officer belongs to act upon any Board of Appeal or Inquiry dealing with his case.
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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 Four 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.
(
(
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 Four o'clock in the afternoon of the day of election.
Counterfoil.
Division.
Department
Divisional No.
Signature of Officer
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CHAPTER XII.
Boards of Inquiry.
(Sections 10, 46. 48, 49, 80
257. If any officer is charged with—
(a) abreach of the provisions of the Act or 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 action to be taken shall be as follows:—
258. All charges shall be made in writing, addressed to the Chief Officer of the department.
259. The Chief Officer may temporarily suspend any officer so charged.
260. In any office or branch not under the immediate control of the Chief Officer, the principal officer may, in emergent cases, temporarily suspend any officer so charged, but shall immediately report such suspension and its cause to the Chief Officer. Provided, however, that in the case of minor offences against discipline proved against any officer, such principal officer may caution or reprimand the offending officer, and at once report having done so to the Chief Officer, furnishing, at the same time, full particulars of the case.
261. An officer suspended for an alleged offence shall—
(
a) be immediately furnished with a copy of the charge.
(b) be required to forthwith state in writing whether he admits or denies the truth of such charge.
(c) be allowed to give any written explanation with regard to the alleged offence.
262. If upon consideration of the circumstances and the explanation (if any) the Chief Officer is of opinion that the offence has not been committed, or, if committed, is not of so serious a nature as to justify reference to a Board of Inquiry he may—
(a ) remove the suspension, and
(b) caution or reprimand the officer found guilty of the offence, or
(c) impose a fine not exceeding £10 upon such offending officer.
Provided that before any such fine exceeding £3 is deducted from the pay of an officer who has been found guilty of—
a breach of the provisions of the Act or any Regulations thereunder; or of any wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or
of being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or
of any disgraceful or improper conduct,
the Chief Officer shall forward the recommendation through the Permanent Head to the Commissioner for confirmation.
263. 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 Commissioner.
264. The Board of Inquiry shall consist of—
(a) an officer of the first or second class in the Department in which the accused officer is employed, provided that such first or second class officer shall not be the person by whom the officer was suspended nor the officer by whom the charge was made ;
(b) An officer of the first or second class in any other Commonwealth Department;(
c ) the representative of the division to which the accused officer belongs.
Provided that, instead of One of such first or second class officers, the Commissioner may appoint any person 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.
265. 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 Commissioner may appoint any other officer from the same division to act in his stead.
266. When appointing a Board of Inquiry the Commissioner shall name the person who shall act as chairman.
267. 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.
268. 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;
(b) deprive him of his leave of absence during a specified period; orthe 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) requi re him to resign.
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.
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.
271. 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 |
| 15/- |
| 10/- (According to amount of wages or time lost.) |
| 7/- (According to amount of wages or time lost.) |
5. Members of the Police Force |
|
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.
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.
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.
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.
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.
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.
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.
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.
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CHAPTER XIII.
Boards of Appeal.
(Sections 10 and 50.)
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.
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 specialty fitted to act on a particular case of appeal.
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.
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.
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.
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.
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.
284. The Inspector shall be the Chairman of the Board of Appeal.
285. An appellant shall receive at least ten days' notice of the date upon which his appeal is set down for hearing.
286
287. The Crown will not be responsible for travelling or other expenses of any appellant or witnesses subpoenaed at his request.
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.
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.
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.
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.
292. Any evidence deemed by the Board to be irrelevant may be excluded.
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.
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.
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.
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.
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.
298. The Commissioner, as soon as convenient after the hearing of the appeal, shall notify the appellant and the Permanent Head of his decision.
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CHAPTER XIV.
Directions to be observed by Candidates at Competitive Examinations.
(Sections 27 and 80 (
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.(
c ) 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.
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CHAPTER XV.
Instructions for the Guidance of Superintendents at Competitive Examinations.
(Sections 27 and 80 (
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 foe 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 examinations 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.(
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