Conduct and Management of Government Factories and the Employment of Persons under Section 63 Sub-sections 1 and 2 of the Defence Acts Regulations (Provisional) (Cth)
STATUTORY RULES.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby certify that on account of
urgency the following Regulations under the
Dated this Fifteenth day of April, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command.
G. F. PEARCE.
REGULATIONS FOR THE CONDUCT AND MANAGEMENT OF GOVERNMENT FACTORIES AND THE EMPLOYMENT OF PERSONS UNDER SECTION 63 SUB-SECTIONS 1 AND 2 OF THE DEFENCE ACTS.
Definitions.
1. In these Regulations, unless the contrary intention appears:—
“The Act” means the
Defence Act 1903-1910;“Minister” means the Minister of State for Defence;
“Secretary” means the Secretary to the Department of Defence;
“Manager” means the Manager of a factory;
“Accountant” means the Accountant of a factory;
“Officer” means a person who is employed, in pursuance of sub-sections 1 and 2 of section 63 of the Act, in a civil capacity in connexion with the Department of Defence, and who is appointed by the Governor-General to be an officer;
“Employé” means a person (other than an officer) who is employed, in pursuance of sub-sections 1 and 2 of section 63 of the Act, in a civil capacity in connexion with the Department of Defence;
“Factory” means any factory established under section 63 of the Act.
C.5463.—PRICE 8d.
Responsibility of Secretary.
2. The Secretary shall be responsible for the general administration of the Government factories established under section 63 of the Act, and for all the business thereof, and shall advise the Minister on all matters relating thereto.
Responsibility of Manager.
3. Each Manager shall be responsible for the efficient, safe, and economical working of the factory under his charge.
4. Each Manager is authorized—
(
a ) To incur such monthly expenditure as may be approved by the Minister, for supplies and services for the conduct and maintenance of the factory;(
b ) To approve of expenditure, not exceeding £100 in any one case, for additions or repairs to the factory premises or plant;(
c ) To engage, discharge, or retire employés;(
d )Subject to any statutory law, and within the limits approved by the Minister, to fix weekly, daily, hourly, or piece-work rates of wages of employés; and(
e ) Subject to these Regulations, to make rules for the conduct of the factory under his charge.
5. Before the Manager authorizes any expenditure of money, he shall first satisfy himself that funds are available.
6. Any proposal for expenditure of an amount for additions or repairs to factory premises or plant exceeding £100 shall be submitted to the Secretary for approval, accompanied by a certificate that funds are available.
7. The Manager shall, in July of each year, submit a report on the working of the factory, together with a balance-sheet and statement of assets and liabilities, including profit and loss account and statement of cost of production, and, whenever requested by the Secretary, shall supply such returns or other information as may be required.
Duties of Accountant.
8. The Accountant shall be responsible under the Manager:—
(
a ) For the accounts of the factory and for the receipt and disbursement of public moneys in accordance with the Treasury Regulations;(
b ) For the direction and supervision of the Clerical staff, and that the members of such staff duly fulfil the duties assigned to them, that discipline is maintained in the office, and that the provisions of all Acts and Regulations relating to the factory, officers, and employés are strictly observed;(
c ) That no arrears occur in the work of the office, and that the accounts are posted up daily, so that they may at all times be ready for examination.
Returns to be Furnished.
9. The following Returns are to be prepared and forwarded:—
Nature. | To whom to be Forwarded. | Date to be Forwarded. |
| Secretary........................ | 15th March of each year |
Return of Officers over 60 years of age. |
| April of each year |
|
| July of each year |
| Secretary........................... | Within seven days after month |
Return of Fines and Punishments................. |
| ” ” |
Treasury Form 41. Sale of Government Property |
| ” ” |
|
| ” ” |
Receiver’s Declaration (Treasury Form 5) | Commonwealth Auditor-General | ” ” |
| Secretary to Treasury...... | ” ” |
| ” ” .. | ” ” |
Hours of Business.
10. The hours of attendance to be observed by the Clerical staff shall be from 9 o’clock a.m. to 4.30 p.m., with three-quarters of an hour off for luncheon, 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 Manager shall recommend, and the Secretary will prescribe, the hours of duty.
11. Subject to any statutory law, the hours of attendance of officers and employés will be determined by the Manager from time to time, but ordinarily the hours of duty should be from 7.30 a.m. to 5 p.m., with three-quarters of an hour off for luncheon, and on Saturdays from 7.30 a.m. to 11.45 a.m.
Recording Time.
12. (1.) Employés shall record their time of entering or leaving the factory in such manner as may be determined by the Manager.
(2.) Any employé failing to record his time on entering or leaving, and any employé discovered recording the time of any other employé, shall be deemed to have committed a breach of these Regulations, and will be dealt with by the Manager accordingly.
a 2
Irregularity of Attendance, Employés.
13. Any employé arriving at his work after the time fixed under Regulation 11 will have his time stopped for such period as may be determined by the Manager.
Absence from Work.
14. No officer or employé shall be absent from his work during factory hours without authorized leave, except by express permission of the Manager or head of the branch, or unless reasonable cause be shown. If an officer or employé 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 Manager, and it shall be incumbent upon the officer or employé to furnish such evidence of the illness or emergency as the Manager may consider necessary.
Officers and Employés Absent without Leave.
15. In cases where an officer’s or employé’s absence is not sanctioned, there shall be deducted from his salary or wages his pay for each day or part of a day of such absence.
Conviction of an Officer or Employé.
16. If an officer or employé is on an indictment or presentment convicted of any offence he shall be deemed to have forfeited his employment, and shall thereupon cease to perform his duties or receive his salary or wages; provided that where the Minister is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the officer or employé, he may direct his reinstatement.
Insobriety.
17. If an officer or employé 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 Manager.
Officers of Sixty Years of Age.
18. When any officer attains the age of 60 years the Manager shall advise the Secretary 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.
Obligations of Senior Officers of Employés.
19. Officers or employés in charge of any sub-department, branch, or minor division of the factory, shall be accountable for the maintenance of good order, and afford the utmost aid and support to the Manager.
Officers of Employés to Report Breach of Regulations.
20. All officers or employés in charge of any sub-department, branch, or minor division of the factory shall report to the Manager any breaches, of these Regulations which shall come to their knowledge.
Applications of Officers or Employés—How to be Made.
21. The application of any officer or employé upon any matter affecting his position shall be made by the applicant himself through the head of his branch to the Manager. Where in exceptional cases an officer or employé desires to communicate with the Secretary, the communication must be so addressed, and shall be forwarded by the Manager to the Secretary, with any remarks considered necessary.
Performance of Duties.
Subordination of Officers and Employés.
23. Every officer and employé shall obey promptly all instructions given to him by the officer or employé under whose immediate control or supervision he is placed. If any officer or employé has ground of complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Manager; 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.
Information not to be Given.
24
Outside Influence.
25. Officers or employés are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any officer or employé who considers that his claims for promotion or consideration have been overlooked may communicate with the Secretary in the manner prescribed by Regulation 21.
Public Property.
26. All officers and employés shall be held responsible for the careful use and preservation of all Government property in their possession, custody, or care.
Borrowing or Lending Money.
27. Any monetary transaction between officers or employés, 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 or employés from their subordinates, is forbidden.
Duty after Usual Hours.
28. Officers or employés 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.
Overtime—Officers.
29. 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 Secretary. The Manager shall supply the Secretary 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. Where it is possible to do so, equivalent time off should be granted in lieu of overtime payment. 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.
Rates of Pay for Overtime—Officers.
30. The following shall be the rates of payment for overtime where such payment is sanctioned, and shall apply only to officers:—
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.
Overtime—employés.
31. Subject to any statutory law, forty-eight hours shall be reckoned as a week’s work. No employé shall work overtime without orders. Overtime pay at the rate of time and a half will be allowed for all time worked outside the regulation hours.
Allowance for Tea-money.
32. (1.) Tea-money shall in no case be allowed unless an officer is directed, in writing, by the Manager 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.
(2.) Tea-money shall not be allowed when overtime pay is given.
Sunday Work.
Guaranteed Offices.
34. The Secretary shall determine what offices held by officers shall be guaranteed, and every officer holding a position under these Regulations, which is a guaranteed office, shall contribute to the Guarantee Fund established by and in accordance with Treasury Regulations.
Officers not to incur Liability on behalf of the Government.
35. No officer, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.
Performance of Work outside Government Service.
36
(
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, milling, 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.(
f ) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him, either in or out of office hours, in connexion with the Government Service.
Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of accoutrements, ammunition, cloth, clothing, explosives, guns, gun carriages, harness and saddlery, or small arms.
(2.) All applications for permission to engage in the performance of work outside the Government Service shall be made to the Manager, who shall forward same, with his report, to the Secretary.
Public Holidays.
37. (1.) The following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays on full pay, 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;
Eight Hours Day;
any day proclaimed by the Governor-General or required by any Act to be observed in lieu of any of the said days; and
any day proclaimed by the Governor-General as a holiday.
(2.) Whenever any of the said days falls upon a Sunday the next following Monday shall be observed as a holiday in lieu of such Sunday.
38. 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 on full pay (as the case may be) throughout such State or in such part of such State (as the case may be).
39. The Minister or the Secretary may require such factory or any part thereof to he 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 or employé of such factory during any such holiday: but in that case every such officer or employé shall be granted in lieu thereof a holiday on full pay upon such other occasion as does not interfere with public business. Provided that when an officer or employé is required to work for only half a day or less, half a holiday on full pay may be allowed in lieu thereof.
Leave of Absence fob Recreation.
40. In each year during the Christmas holidays the factory shall be closed down for two weeks, and subject to Regulation 39, all officers and employés may be granted leave of absence on full pay during that period.
41. In each year the Manager may grant leave of absence on full pay to officers and employés who shall have been continuously employed in the factory for twelve months prior to application, as follows:—
Officers, eighteen days;
Employés, twelve days;
exclusive of Sundays and holidays, but inclusive of the working days granted as leave under Regulation 40.
Furlough.
42. Leave of absence may be granted by the Governor-General, on the recommendation of the Secretary, to any officer or employé who has continued in the service of the Commonwealth, or, in the case of officers or employés transferred, in the service of a State and the Commonwealth, at least twenty years, for a period not exceeding twelve months on half pay, of six months on full pay, but during such period of absence such officer or employé shall not be entitled to receive any addition to his rate of pay.
Extended Leave without Pay.
43. With the approval of the Governor-General, on the recommendation of the Secretary, 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.
Leave of Absence in Case of Pressing Necessity.
44. 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.
Leave of Absence on Ground of Illness or Injury.
45. (1.) Applications for leave of absence on the ground of illness or injury shall be supported by the certificate of a duly qualified medical practitioner approved by the secretary.
(2.) The Manager, in cases of illness or injury, may, on production of satisfactory evidence, provisionally grant extended leave, not exceeding three months, in accordance with the following Schedule; but a Schedule of all
leave granted under this Regulation shall be submitted monthly for the approval of the Secretary, who may in any case disallow the leave so granted:—
Length of Service. | Period for which Leave may be Granted, on— | — | |
Full Pay. Months. | Half Pay. Months. | ||
Under five years. | 1 | 2 |
|
Over five years and under ten....... | 2 | 1 | |
Over ten years.... | 3 | … | |
46. Where, in case of illness or injury, any officer or employé 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 by the Secretary in accordance with the following Schedule; provided that on each extension of leave the applicant shall be subjected to an examination by the Factory Medical Officer or other medical practitioner approved by the Secretary:—
Length of Service. | Period for which Leave may be Granted, on— | — | ||
Half Pay. Months. | Third Pay. Months. | Without Pay. Months. | ||
Under five years........ | 1 | 6 | 8 |
|
| 3 | 6 | 6 | |
Over ten years........... | 6 | 3 | 6 | |
47. (1.) Sick leave allowed under Regulations 45 and 46 may be granted in one or more periods, but the aggregate amount of leave provided for in the Schedules is intended to cover a period of three years, dating from the first absence on sick leave.
(2.) The second or any subsequent triennial period will commence on the date of first absence on sick leave following the date upon which the previous triennial period expired, and for the three years thus commencing the full amount of leave provided in the Schedules according to length of service may again be allowed.
48. If an officer or employé 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 Factory Medical Officer, or some other medical practitioner approved by the Secretary, has certified that he is fit to resume work.
49. 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.
50. No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by the misconduct of the officer or employé, to satisfy himself on which point the Manager may send the Factory Medical Officer, or some other medical practitioner approved by the Secretary, to attend on and examine such officer or employé at his residence.
51. Leave of absence in case of illness or injury shall not be reckoned as nor included in leave of absence for recreation.
Officers or employés Injured in the Performance of their Employment.
52. In every instance in which an officer or employé is injured in the performance of his employment to such an extent as to require prompt medical attention, the Factory Medical Officer or, in his absence, the nearest medical practitioner, shall at once be sent for to attend to the immediate necessities of the case, and, in addition, in the case of a serious injury, the sufferer shall, provided he can be moved with safety, be conveyed with the least possible delay to the nearest public hospital, or, if he so elect, to his home.
53. Medical expenses may, on the approval of the Manager, be allowed to any officer or employé injured while in the performance of his employment, provided that the Factory Medical Officer certifies that such attendance was necessary, and that the charges are reasonable.
54. (1.) Compensation may be recommended by a Manager in the case of any officer or employé who is retired or discharged on account of injuries received while in the performance of his employment, provided the injury was not due to the officer or employé’s default. The compensation shall be according to the following scale:—
(
a ) Maximum amount.(
b ) Three-quarters of the maximum amount.(
c ) One-half of the maximum amount.(
d ) One-quarter of the maximum amount.
(2.) The maximum amount shall be a sum equivalent to three years’ pay at the rate the officer or employé received at the date of his retirement or discharge. The maximum amount shall only be awarded in case of total disability to earn a livelihood. In case of partial disability, the compensation shall be less than the maximum amount, and shall be fixed in accordance with the scale, so that the amount awarded shall be proportionate to the degree of disability of the officer or employé.
55. Compensation may be recommended by a Manager to the widow and family of any officer or employé who is killed while in the performance of his employment if the death were not due to the officer or employé’s default. The amount of compensation awarded shall not exceed three years’ pay at the rate the officer or employé received at the date of his death. No claim for compensation shall be considered unless it be made within twelve months after the date of the death of the officer or employé.
56. Officers or employés injured in the performance of their employment may be treated at the expense of the Department in approved public hospitals.
Classification of Officers.
57. Officers shall be classified as under:—
Annual Salary of Subdivision of Class. | ||||||
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 | |
Fifth.................... | 40 | 160 | ||||
50 | 80 | 100 | 120 | 140 | 170 | |
60 | 180 | |||||
58. All new appointments of officers, other than appointments made under Regulation 70, 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.
59. 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.
60. Every such officer shall thereafter be entitled, subject to the Regulations, to receive an increase of Twenty pounds per annum, or such part thereof as is determined by the Secretary, at the end of every succeeding twelve months until such salary has reached One hundred and sixty pounds per annum.
61. Where an officer has for a period of three years been in receipt of a salary of One hundred and sixty pounds per annum, he may, on the certificate of the Secretary, be granted by way of long-service increment an increase of salary at the rate of Ten pounds per annum, and, at the expiration of a period of two years from the granting of the increase, he may, on the certificate of the Secretary, be granted by way of long-service increment a further increase of salary at the rate of Ten pounds per annum.
62. In the Fourth and higher classes 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 the Regulations, whether there is or is not a vacancy in the subdivision to which the promotion is made.
63. No officer shall be promoted from one class to another unless he has served at least one year in each subdivision of the lower class, and then only to fill a vacancy or a new office in the higher class, provided that upon the recommendation of the Secretary 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.
64. No advancement within a class, or promotion from class to class shall be allowed unless the Secretary is satisfied that the officer is entitled by the amount and importance of his work, and by his efficiency, seniority, and good conduct, to receive it.
Salaries of Officers on reaching Age of Twenty-one.
65. (1.) Every officer shall be entitled, if of the age of 21 years, to a salary of One hundred and ten pounds per annum.
(2.) An officer whose salary has been increased to £110 per annum under this Regulation shall not be entitled to further increases until such time as he would have received that amount in the ordinary course of progression through the subdivisions of his class. He shall be entitled to receive the £10 increase to enable him to advance to the Fourth Subdivision of the Fifth Class twelve months subsequent to the date of his advancement to the Third Subdivision of such class.
Increases and Increments—Officers.
66. (1.) All increases and increments shall be discretionary and subject to the approval of the Secretary and the necessary appropriation by Parliament.
(2.) Increments shall be payable from the first day of the month following the date upon which they accrue.
(3.) Where an officer receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.
(4.) All recommendations for increments shall be forwarded by the Manager to the Secretary.
Quarters.
67. Officers or employés in occupation of Government quarters shall have deducted from their salaries or wages by way of rent such amount as may be fixed by the Minister.
Examination for Appointment as Officers.
68. (1.) Notification of vacancies
and of intention to hold an examination will be given by notice in the
(2.) Candidates for appointment as officers must, on the day of the examination, be not less than sixteen nor more than 21 years of age at their last birthday.
(3.) The subjects and rules of examination, marks, &c., will be as prescribed for entrance to the Clerical Division of the Commonwealth Public Service, and, should there be more candidates than vacancies, the examination will be competitive.
Appointments on Probation.
69. Every officer shall in the first instance be appointed on probation for a period of six months, but his services may be dispensed with by the Minister at any time during such period. Before the expiration of the period of probation the Manager shall report to the Secretary on the manner in which the probationer has performed his duties, and upon his general conduct. Upon receipt of such report, the Minister will recommend to the Governor-General that the appointment be confirmed or annulled, or that the period of probation he extended for a further period of six months.
Appointments Without Examination.
70. If at any time it appears expedient or desirable in the interests of the Department to appoint as an officer some person who is not an officer in the service of the Department under these Regulations, the Governor-General may, on the recommendation of the Secretary, appoint such person accordingly without either examination or probation, and without regard to age.
Engagement of Employés.
71. All employés shall be temporarily engaged by the day, and their engagements shall be terminable without notice on either side, provided that any employé engaged under agreement shall be subject to the term of such agreement. Employment as a temporary hand shall not necessarily establish any claim to permanent employment on the ground of length of service.
Conveyance of Officers and Employés Transferred.
(
72. Officers or employés 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 or employés in fault, unless otherwise determined by the Secretary prior to removal.
(
73. When officers or employés 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 or employé has no control, provided a medical certificate be furnished to the effect that a change is needed to restore health—
the actual cost of conveyance of such officers and employés, as well as that of their wives and children, will be paid by the Department.
74. The maximum amounts for removal of furniture shall be as under:—
(
a ) Officers and employés whose salaries or wages are under £200 per annum, £25.(
b ) Officers with salaries or wages of £200 and under £400 per annum, £35.(
c ) Officers with salaries or wages 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.
75. (1.) Before removal is undertaken, the officer or employé shall, where practicable, obtain offers from at least two carriers, and submit same to the Secretary, who may authorize the acceptance of the more suitable, provided that the maximum amount above stated is not exceeded.
(2.) The Secretary may, in lieu of cost of removal, authorize payment of an amount less than the maximum prescribed for removal expenses to compensate for loss in any case where an officer or employé elects to dispose of his furniture and effects instead of removing them to his new station.
(3.) An officer or employé shall not be entitled to any compensation from the Government for losses or damages arising from removal.
(4.) Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.
(5.) Vouchers must be produced for all sums paid.
(6.) Where exceptional circumstances can be shown to exist, a reasonable amount in excess of the maximum under these Regulations may be authorized by the Secretary.
Travelling Allowances.
76. The following shall be the scale of travelling allowances:—
Division. | Salary. | Daily Allowance. | Daily Allowance after One Week’s Residence in same Place. | Hourly Rate. | |
From— | To— | ||||
£ | £ | ||||
Officers...................... | Over 600 | 17/6 | 15/- |
| |
501 | 600 | 14/- | 12/- | ||
301 | 500 | 12/- | 10/- | ||
300 and under | 10/- | 8/6 | |||
Employés.................... | Over 300 | 12/- | 10/- | ||
201 | 300 | 10/- | 8/6 | ||
111 | 200 | 8/- | 6/- | ||
110 and under | 7/- | 5/- | |||
77. When officers or employés travel by steamer or other vessel in which the fare paid includes subsistence, one-quarter of the ordinary rates to which such officers or employés would otherwise be entitled shall be allowed.
78. Officers or employés travelling beyond the limits of the State in which they are ordinarily employed shall receive an increase of one-fifth on the scale rates. Provided that this Regulation shall not apply to officers or employés employed at stations on or near the border of any State.
79. For journeys occupying less than one-fourth of a day, actual expenses only shall be allowed. All travelling allowances shall be in addition to the cost of conveyance. The period for which travelling allowances may be claimed shall be computed from the time of departure of the train, steamer, or other conveyance by which officers or employés travel.
80. The Secretary may increase or reduce the foregoing allowances in cases where the circumstances appear to justify such a course.
81. Where it is proved to the satisfaction of the Secretary by any officer or employé that the travelling expenses he would be entitled to draw under these Regulations do not as a rule cover his actual expenses, the Secretary
may authorize a payment in addition to that set forth in the foregoing Schedule of Allowances. Provided that the Manager may authorize payments under this Regulation in cases where the amount involved does not exceed the sum of Two pounds.
Mode of Travelling.
82. Officers and employés shall travel by railway if the cost be not greater than by other means of conveyance.
Whenever an officer or employé does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance upon furnishing receipts for such payment. Receipts will not be required for any amounts not exceeding Five shillings.
83. First-class railway fares shall be allowed to all officers and employés receiving salary of £185 and upwards per annum, and second-class fares to officers and employés receiving under £185 per annum. Provided that in special cases the Secretary may allow first-class fare to any officer.
Attendance at Courts.
84. (1.) An officer or employé subpœnaed or called as a witness must promptly notify the Manager.
(2.) An officer or employé required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but in cases where the officer or employé is required to travel he may be allowed his ordinary travelling allowance.
(3.) Officers or employés subpœnaed 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,” and shall forward an account showing the amount of fees received, together with the receipt from the Receiver of Revenue, to the Manager.
(4.) Officers or employés who have had to travel to attend a Court to give evidence as witnesses may be granted the ordinary travelling allowance.
Officers or employés to Obey Summons.
85. (1.) Every officer or employé who is summoned by the Secretary or the Chairman of a Board of Inquiry to give evidence upon any subject of inspection, inquiry, or investigation, shall attend to give evidence at the; time and place specified in the summons.
(2.) Every officer appearing before the Secretary or a Board of Inquiry (whether summoned or attending voluntarily) shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.
(3.) No officer or employé shall be compelled to answer any question tending to incriminate him.
Officers under Suspension.
86. (1.) Where an officer is suspended for an offence, and the charge has been found to be not proven, full pay for the period of suspension shall be allowed.
(2.) Where the offence is admitted or proved, the officer may be deprived of pay for the whole or any portion of the period of suspension, but in any such case the recommendation of the Manager 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. In cases where it is found impracticable, owing to the remoteness of the locality where the alleged offence is stated to have been committed, or for other cogent reasons, to deal with the charge promptly, an officer, on the report of the Manager, may, after a period of one month from the date of suspension, be granted half-pay until the formal investigation is held, provided the suspended officer has not wilfully caused the delay.
Boards of Inquiry.
87. If any officer is charged with—
(
a ) a breach of the provisions of the Act or of any Regulations thereunder; or(
b ) wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or(
c ) being negligent or careless in discharge of his duties; or(
d ) being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or(
e ) using intoxicating beverages to excess; or(
f ) any disgraceful or improper conduct; or(
g ) a breach of any agreement relating to his service as an officer, entered into by him with the Commonwealth or any person acting on its behalf;
the action to be taken shall be as follows:—
(1.) All charges shall be made in writing. The officer charged shall be immediately furnished with a copy of the charge, and shall be required to forthwith state in writing whether he admits or denies the truth of such charge, and shall be allowed to give any written explanation with regard to the alleged offence.
(2.) In the case of minor offences against discipline—
(
a ) the Manager may reprimand or caution any officer;(
b ) the officers hereinafter prescribed as having power to temporarily suspend officers may reprimand or caution any officer in respect of whom the power to temporarily suspend applies; such caution or reprimand shall be immediately reported to the Manager, together with reasons therefor and particulars of same.(3.) For any offence whatever, an officer charged with the commission of such offence, may be temporarily suspended by the Manager.
(4.) In emergent cases an officer charged with any offence whatever may be temporarily suspended from duty by the head of the branch or office in which such offending officer is employed or with which he is connected, provided, however, that such liability to temporary suspension shall not extend to officers in charge of sub-branches or offices under the control of the officer so prescribed as having power to temporarily suspend. Any such temporary suspension, together with the reasons therefor, shall be immediately reported to the Manager.
88. If, upon consideration of the circumstances and the explanation (if any), the Manager is of opinion that the alleged offence has not been committed, he may remove the suspension; if, however, he is of opinion that
the alleged offence has been committed, but is not of so serious a nature as to justify reference to a Board of Inquiry, he may remove the suspension, and caution or reprimand the officer, or impose a fine not exceeding £10.
89. Where the Manager 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 Manager.(
b ) The charge shall be referred forthwith to a Board of Inquiry to be appointed by the Secretary.
90. The Board of Inquiry shall consist of—
(
a ) an officer of the Department in which the accused officer is employed;(
b ) an officer of any other Commonwealth Department;(
c ) the elected representative of the corresponding Division under the Public Service Act;
Provided
that, instead of the officers specified in paragraphs (
91. When appointing a Board of Inquiry, the Secretary shall name the person who shall act as Chairman.
92. The Board shall inquire into the truth of the charge or charges made, and, after fully hearing the case, report to the Secretary the proceedings and evidence taken, and their opinion thereon.
93. (1.) Where it appears to a Board of Inquiry that it is undesirable, by reason of the officer charged being stationed in a remote locality, or by reason of expense, inconvenience, or delay, to require the officer or any particular witness to attend before the Board to given evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the officer or witness.
(2.) The person so appointed shall take the evidence of the officer or witness on oath or affirmation, and, for the purpose of so doing, shall have all the powers of the Chairman of the Board.
(3.) Any party to the Inquiry, entitled to be represented before the Board, shall be entitled to be represented before any person taking evidence in pursuance of this Regulation.
(4.) The evidence so taken shall be certified under the hand of the person taking it, and forwarded to the Board, and considered by it in connexion with the Inquiry.
94. On admission or proof of the charges, the Secretary may—
(
a ) impose a penalty upon the officer offending; or(
b ) deprive him of his leave of absence during a specified period; or(
c ) reduce the offending officer to a lower class or grade and salary or wages; orthe Governor-General may—
(
a ) dismiss the accused officer; or(
b ) require him to resign.
C.5463. b
95. If none of the charges against the suspended officer are found by the Board of Inquiry to be proved, the Manager shall immediately remove the suspension.
96. 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 Secretary 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.
97. (1.) The following shall be the scale of allowances which may be paid to any witness, not being an officer, summoned on behalf of the 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 if it be certified by the Chairman of such Board:—
Profession, Trade, or Calling. | Allowance for each Day of Actual Attendance at an Inquiry or of Necessary Absence from Home in Travelling to and from an Inquiry. |
Not to exceed— | |
1. Professional men, if attending in a professional capacity....... | £1 |
| 15/- |
| 10/- (According to amount of wages or time lost) |
4. Labourers, and other persons of similar station in life | 7/- According to amount of wages or time lost) |
5. Members of the Police Force............................................... |
|
(2.) In addition to above rates, reasonable travelling expenses actually paid may be allowed, but not to exceed One shilling for every mile a witness resides from the place at which he is required to attend.
(3.) The Department will not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of an officer charged with an offence, excepting in cases where the charge has been found to be not proved, and the evidence was, in the opinion of the Chairman, necessary and material.
(4.) The officer conducting the case for the Department will submit the claim made by a witness for expenses to the Chairman of the Board of Inquiry, who will at the hearing fix the sum to be allowed.
98. 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.
99. 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.
100. The Chairman of any Board of Inquiry 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.
101. If, without reasonable cause, any person, not being an officer, summoned as aforesaid, and 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 guilty of an offence and 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.
102. Every officer shall be entitled to a copy of the report of any Board of Inquiry which has investigated any charge made against him.
INDEX.
Reg. No. | |
A. | |
Absence from work................................................................................................................ | 14 |
| |
| 15 |
Accountant, duties of............................................................................................................. | 8 |
Accounts, accountant responsible....................................................................................... | 8 |
| 8 |
Acts and regulations to be observed................................................................................... | 8 |
Additions to plant or premises exceeding £100............................................................... | 6 |
| 4 |
Administration of Government factories........................................................................... | 2 |
Age of candidates for officers.............................................................................................. | 68 |
| 65 |
Allowances, removal of furniture........................................................................................ | 74, 75 |
| 76-81 |
| 84 |
| 97 |
Appeals against instructions................................................................................................. | 23 |
| 21 |
| 30, 33 |
Applications, how made....................................................................................................... | 21 |
Appointment
of employés. ( | 68-70 |
Arrears of work....................................................................................................................... | 28 |
Attendance at courts.............................................................................................................. | 84 |
B. | |
Balance-sheet......................................................................................................................... | 7 |
Boards of inquiry, charges against officers....................................................................... | 87-102 |
| 90-91 |
| 97 |
| 101 |
Borrowing money forbidden................................................................................................ | 27 |
Breach of regulations to be reported................................................................................... | 20 |
Business, hours of | 10, 11 |
| 28 |
| 36 |
C. | |
Charges against officers........................................................................................................ | 87-89 |
Classification of officers....................................................................................................... | 57-64 |
Clerical staff, duties............................................................................................................... | 8 |
Closing factory at Christmas............................................................................................... | 10 |
| 41 |
Compensation, death on account of injury........................................................................ | 55 |
| 54 |
Complaints by officers and employés................................................................................ | 21 |
Conveyance on transfer........................................................................................................ | 72-75 |
Convictions............................................................................................................................. | 16 |
Courts, attendance at............................................................................................................. | 84 |
D. | |
Death on account of injury................................................................................................... | 55 |
Deductions for quarters......................................................................................................... | 67 |
Definitions............................................................................................................................... | 1 |
Index—
Reg. No. | |
Demand for outside remuneration forbidden.................................................................... | 36 |
Discharges of employés, manager may discharge........................................................... | 4 |
| 16 |
Dismissals of employés. (See Discharges.)........................................................................ | |
Drunkenness............................................................................................................................ | 17 |
Duties, accountant................................................................................................................. | 8 |
| 8 |
| 22 |
Duty after business hours...................................................................................................... | 36 |
E. | |
Engagement of employés..................................................................................................... | 71 |
Engaging in private business................................................................................................ | 36 |
Employés, conviction of....................................................................................................... | 16 |
| 4 |
| 4 |
| 4, 78 |
| 31 |
| 11 |
| 13 |
| 11 |
| 14 |
| 31 |
| 4 |
| 12 |
| 40, 41 |
| 4 |
| 71 |
| 12 |
| 4 |
Evidence to be given.............................................................................................................. | 85 |
Examination of officers........................................................................................................ | 68 |
Exemption from examination.............................................................................................. | 70 |
Expenditure, additions and repairs to plant exceeding £100.......................................... | 6 |
| 4 |
Extended leave of absence without pay............................................................................. | 43, 44 |
| 45, 51 |
F. | |
Factory accounts, accountant responsible......................................................................... | 8 |
| 40 |
| 39 |
| 4 |
Failure to record time............................................................................................................ | 12 |
Fees, witness............................................................................................................................ | 84 |
Forty-eight hours a week’s work......................................................................................... |
31 | |
Furlough................................................................................................................................... | 42 |
Furniture, removal of............................................................................................................ | 74-75 |
G. | |
Guaranteed offices................................................................................................................. | 35 |
H. | |
Holidays, factory may be kept open................................................................................... | 39 |
| 37-39 |
| 37-39 |
Hospital treatment for injury................................................................................................ | 56 |
Hours of business, clerical staff.......................................................................................... | 10 |
| 28 |
| 14 |
Index—
Reg. No. | |
I. | |
Illness, leave of absence....................................................................................................... | 45-51 |
| 14 |
Increments, officers’.............................................................................................................. | 59-61, 66 |
Information not to be divulged............................................................................................. | 24 |
Influence, use of forbidden.................................................................................................. | 25 |
Injury, compensation for...................................................................................................... | 54 |
| 55 |
| 56 |
| 45-51 |
| 53 |
| 52-56 |
Inquiry, boards of................................................................................................................... | 87-102 |
Insobriety................................................................................................................................. | 17 |
Instructions to be obeyed...................................................................................................... | 22, 23 |
Irregularity of attendance, employés.................................................................................. | 13 |
L. | |
Leave of absence, extended................................................................................................. | 43 |
| 42 |
| 45-51 |
| 46 |
| 51 |
| 44 |
| 41-42 |
Lending money forbidden.................................................................................................... | 27 |
Liability not to be incurred................................................................................................... | 36 |
Luncheon, time allowed........................................................................................................ | 10, 11 |
M. | |
4 | |
Manager authorized to approve of expenditure................................................................ | 7 |
| 4 |
| 7 |
| 3-4 |
| 4 |
| 4 |
| 1 |
| 14 |
| 4 |
| 7 |
| 3 |
| 7 |
| 4 |
| 4 |
| |
| 4 |
Minister to approve of wages............................................................................................... | 4 |
Medical expenses in case of injury..................................................................................... | 53 |
| 52 |
| 48 |
| 50 |
Mode of travelling.................................................................................................................. | 82, 83 |
O. | |
Obligations of senior officers and employés..................................................................... | 18 |
Office, accounts to be posted daily..................................................................................... | 8 |
| 36 |
Officers, appointment of...................................................................................................... | 68-70 |
| 58 |
| 57-64 |
Index—
Reg. No. | |
Officers, conviction of.......................................................................................................... | 16 |
| 22 |
| 68 |
| 70 |
| 35 |
| 10 |
| 59-61, 66 |
| 36 |
| 10 |
| 14 |
| 29, 30 |
| 64 |
| 58 |
| 68 |
| 62-64 |
| 40 |
| 8 |
| 18 |
| 86 |
| 32 |
Order, officers and employés accountable for.................................................................. | 19 |
Outside influence................................................................................................................... | 35 |
Overtime, employés............................................................................................................... | 31 |
| 29, 30 |
| 24 |
P. | |
Pay, employés......................................................................................................................... | 4 |
| 42 |
| 37-39 |
| 50 |
| 37-39 |
| 57-61 |
| 59 |
| 59-61 |
| 61 |
| 65 |
| 31 |
| 30 |
| 4 |
| 15 |
| 13 |
| 48 |
| 86 |
Performance of duties............................................................................................................ | 22 |
| 36 |
Piece-work, manager may fix.............................................................................................. | 4 |
Plant, additions to................................................................................................................... | 4, 6 |
Probation, first appointments on......................................................................................... | 69 |
Promotions of officers........................................................................................................... | 62-64 |
Public holidays....................................................................................................................... | 37-39 |
Public property....................................................................................................................... | 36 |
Q. | |
Quarters, rent of..................................................................................................................... | 36 |
R. | |
Railway fares, classes allowed............................................................................................. | 83 |
| 82 |
Recording time....................................................................................................................... | 12 |
Recreation leave of absence................................................................................................. | 40, 41 |
Regulations, breach to be reported...................................................................................... | 20 |
| 23 |
Index—
Reg. No. | |
Removal of furniture............................................................................................................. | 74, 75. |
Rent of quarters...................................................................................................................... | 67 |
Repairs to plant or premises................................................................................................. | 6 |
Report to be furnished annually.......................................................................................... | 7 |
Responsibility of accountant............................................................................................... | 8 |
| 3 |
| 2 |
Retention of staff after hours............................................................................................... | 28 |
Retirement on account of injury.......................................................................................... | 54 |
| 4 |
| 18 |
Returns to be furnished......................................................................................................... | 7, 9 |
Rules for factory, manager may make............................................................................... | 4 |
S. | |
Secretary, communication with........................................................................................... | 21 |
| 2 |
Shareholders in companies.................................................................................................. | 36 |
Ships, allowance for travelling on....................................................................................... | 77 |
Sick
leave. ( | |
Subordination of officers and employés............................................................................ | 23 |
Summons to be obeyed......................................................................................................... | 85 |
Sunday work........................................................................................................................... | 33 |
Supplies, manager may authorize purchase...................................................................... | 4 |
Suspension of officers........................................................................................................... | 86-88 |
T. | |
Tea money............................................................................................................................... | 32 |
Temporary engagement of employés................................................................................. | 71 |
Time late for work.................................................................................................................. | 13 |
| 29 |
| 12 |
Transfers, conveyance of officers and employés............................................................. | 72-75 |
Travelling allowances........................................................................................................... | 76-81 |
| 84 |
| 78 |
| 97 |
| 79 |
| 82-83 |
| 77 |
Treasury regulations to be observed................................................................................... | 8 |
Triennial period, sick leave.................................................................................................. | 51 |
W. | |
Wages fixed by manager...................................................................................................... | 4 |
| 4 |
| 4 |
| 15 |
| 13 |
Work, absence from.............................................................................................................. | 14 |
| 28, 29 |
| 14 |
|
36 | |
| 33 |
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
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