Overseas Telecommunications Commission (Staff) Regulations (Cth)

STATUTORY RULES.

1947. No. 68.

REGULATIONS UNDER THE OVERSEAS TELECOMMUNICATIONS ACT 1946.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Overseas Telecommunications Act 1946.

Dated this twenty-eighth day of May, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

OVERSEAS TELECOMMUNICATIONS COMMISSION (STAFF) REGULATIONS.

Part I.—Preliminary.

Citation.

1.These Regulations may be cited as the Overseas Telecommunications Commission (Staff) Regulations.

Commencement.

2. These Regulations shall come into operation on the twenty ninth day of May, 1947.

Parts.

3.These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Appointments and Examinations.

Part III.—Classification and Promotions.

Part IV.—The Promotions Appeal Board.

Division 1.—Election of Officers’ Representative.

Division 2.—Procedure on Appeals.

Part V.—The Disciplinary Appeal Board.

Division 1.—Election of Officers’ Representative.

Division 2.—Procedure on Appeals.

* Notified in the Commonwealth Gazette on , 1947.

2028.—Price 8d. 8/13.5.1947.

 

Definitions.

4. In these Regulations, unless the contrary intention appears—

“Branch Manager” means the Manager of a branch of the Commission;

“Senior Executive Officer” means—

(a) the Assistant General Manager;

(b) the Chief Superintendent, Radio Services;

(c) the Chief Superintendent, Cables;

(d) the Chief Engineer;

(e) the Personnel Superintendent;

(f) the Stores Superintendent;

(g) the Secretary of the Commission;

(h) a Branch Manager; and

(i) any other officer determined by the Commission to be a Senior Executive Officer for the purpose of these Regulations;

“staff circular” means the circular issued at regular intervals by the General Manager relating to staff matters;

“temporary employee” means a temporary employee of the Commission;

“the Act” means the Overseas Telecommunications Act 1946;

“the Company” means Amalgamated Wireless (Australasia) Limited, or Cable and Wireless Limited, as the case requires;

“the General Manager” means the General Manager appointed under section 18 of the Act.

Repeal.

5.The Overseas Telecommunications (Staff) Regulations (being Statutory Rules, 1946, No. 173) are repealed.

Part II.—Appointments and Examinations.

Entrance examinations.

6.—(1.) The prescribed examination referred to in sub-section (3.) of section 18 of the Act shall be—

(a) for appointment to positions of clerk in the lowest grade—a written examination conducted by the Commission in the subjects of English, French, Latin, algebra, geometry, trigonometry, physics, chemistry, commercial principles, commercial practice, geography and history, of which English, a language other than English, and a branch of mathematics shall be compulsory subjects to be taken by the candidate and other subjects shall be optional subjects not more than three of which may be taken by the candidate if he so elects; and

(b) for appointment as circulation clerk—a written examination, or a written and practical examination, conducted by, or on behalf of, the Commission in such subjects as the Commission determines.

(2.) The Commission may appoint a person who has not passed the prescribed entrance examination to any position other than a position specified in the last preceding sub-regulation.

 

Provisions to be complied with by candidates for examination.

7.—(1.) A candidate for an examination for appointment to the service of the Commission shall—

(a) furnish to the Commission, or to such person as the Commission directs, an application in his own handwriting in accordance with a form determined by the Commission, together with such evidence of his age as the Commission requires and a certificate as to his good character and industrious habits by his present or past employer, a clergyman, a school teacher, a justice of the peace or such other person as the Commission determines; and

(b) pay an entrance fee of Five shillings.

(2.) A person who fails to comply with any provision of the last preceding sub-regulation shall not be entitled to present himself for examination.

(3.) The Commission may refund the entrance fee paid by a candidate for examination if the candidate was, for reasons which the Commission considers to be satisfactory, unable to attend the examination or if, for any other reason, the Commission considers a refund should be made.

Publication of results of examinations.

8.The results of each examination shall be published in the Gazette and in the staff circular as soon as practicable after the examination and shall specify the names of the successful candidates in order of merit.

Medical examination.

9.The medical examination referred to in paragraph (b) of sub-section (3.) of section 18 of the Act shall be an examination by a legally qualified medical practitioner approved by the Commission.

Oath or affirmation.

10.The oath or affirmation of allegiance referred to in paragraph (c) of sub-section (3.) of section 18 of the Act shall be in accordance with the Form in the Schedule to these Regulations and may be administered by any member of the Commission, the General Manager, or any officer or person included in any class of officers or persons thereto authorized in writing by the Commission.

Appointment of persons who do not possess prescribed qualifications.

11.The following positions and classes of positions shall be prescribed positions or classes of positions, as the case may be, for the purposes of the proviso to sub-section (3.) of section 18 of the Act:—

(a) the positions of General Manager and Assistant General Manager;

(b) positions occupied by senior executive officers;

(c) any position to which an officer of the Public Service of the Commonwealth or of a State is appointed; and

(d) positions of cleaner, liftman, watchman, motor driver, telephonist, typist and machinist and other positions the work of which is of a non-clerical nature.

Filling of vacancies.

12.Vacancies in the classes of positions referred to in paragraph (d) of the last preceding regulation shall be filled by selection made from applications received in response to a public advertisement.

Appointment of persons from outside the Commission’s service.

13.A person who is not an officer shall not, unless he or she passes the prescribed entrance examination or is a person to whom regulation 12 of these Regulations applies, be appointed to any position in the service of the Commission unless the General Manager certifies that there is

 

no officer available in the service of the Commission who is as capable of filling the position to which it is proposed that the appointment shall be made.

Part III.—Classification and Promotion.

Staff list.

14.Copies of a list showing the classification of all officers in the service of the Commission shall be made available at each office of the Commission for the information of all officers.

Seniority of officers.

15.The relative seniority of officers shall be determined by the respective dates of their appointment—

(a) to the Company; or

(b) to the Public Service of the Commonwealth or of a State in the case of officers of those services transferred to the Company under agreement or appointed by the Commission subsequent to the first day of October, 1946; or

(c) in any other case—to the service of the Commission.

Notification of provisional promotions.

16.The provisional promotion of an officer shall be notified—

(a) in the staff circular; and

(b) by air mail to each Coastal Radio Station and to each radio station outside the mainland of Australia which is staffed by officers of the Commission.

Appeals against provisional promotions.

17.—(1.) An appeal under sub-section (2.) of section 22 of the Act shall be in writing, shall state the grounds of appeal, and shall be addressed to the Chairman of the Promotions Appeal Board.

(2.) Appeals by officers at Coastal Radio Stations and radio stations outside the mainland of Australia may be lodged by service telegram and confirmed in writing by the first available post.

(3.) The appeal shall be lodged with the Chairman of the Promotions Appeal Board within twenty-one days after the date of the advice of the provisional promotion.

(4.) Upon the expiration of the period of twenty-one days referred to in the last preceding sub-regulation, the Chairman of the Board shall notify the General Manager whether or not an appeal has been lodged within that period and, if an appeal has been so lodged, shall notify the General Manager of the name of the appellant.

Part IV.—The Promotions Appeal Board.

Division 1.—Election of Officers’ Representative.

Branches of the Commission.

18.—(1.) For the purpose of this Division, the Head Office of the Commission, the respective radio stations at La Perouse, Pennant Hills, Fiskville and Rockbank shall each be deemed to be a branch of the Commission.

(2.) Subject to the last preceding sub-regulation, a Coastal Radio Station shall be deemed to be portion of the Head Office.

Conduct of election of officers’ representative, Promotions Appeal Board.

19.The election by the officers of the Commission of an officer (in this Part referred to as “the officers’ representative”) as a member of the Promotions Appeal Board (in this part referred to as “the Board”) shall be conducted in accordance with the provisions of this Division.

 

Nominations for position of officers’ representative.

20.—(1.) Nominations shall be called by the General Manager at a date to be determined by the Commission and notified in the staff circular and shall be returnable to reach the General Manager not later than twenty-eight days after that date.

(2.) Each nomination shall be in writing signed by not less than ten officers of the Commission and shall be accompanied by a written statement from the nominee signifying his consent to the nomination and his willingness to act if elected.

(3.) Any officer who has attained the age of twenty-one years shall be eligible for nomination.

Election of officers’ representative.

21.—(1.) If only one officer is nominated, the General Manager shall declare that officer elected and shall notify his election to all officers and branches of the Commission.

(2.) If two or more officers are nominated, a poll of officers shall be held to decide the election.

(3.) The nominations shall be notified in the staff circular and a secret ballot shall be held at each branch on a date not later than twenty-eight days after the date fixed for receipt of nominations determined by the Commission and notified in the staff circular.

Ballot-papers.

22.The ballot papers to be used shall, with such alterations as are necessary, be in accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1946.

Returning Officer.

23.—(1.) The General Manager shall appoint a Returning Officer (who shall be an officer of the Commission) to conduct the poll.

(2.) A Deputy Returning Officer (who shall be an officer of the Commission) shall be appointed at each branch of the Commission at a meeting of the officers of the branch specially called for the purpose by the officer in charge of the branch.

(3.) For the purpose of this regulation, the Assistant General Manager shall be the officer in charge at the Head Office of the Commission.

Conduct of ballot.

24.—(1.) The Deputy Returning Officer shall conduct the ballot at his branch in accordance with the directions of the Returning Officer and shall, immediately after the close of the poll, forward to the Returning Officer the ballot papers of all officers who have voted there.

(2.) The Returning Officer may, with the approval of the General Manager make arrangements to enable officers who are not able to vote at their respective branches to vote by post.

Counting of votes.

25.—(1.) The counting of the votes shall take place in the Head Office of the Commission under the supervision of the Returning Officer.

(2.) The provisions of the Commonwealth Electoral Act 1918-1946 and of the Regulations thereunder relating to a House of Representatives election shall, so far as they are applicable and with such alterations as are necessary, but subject to these Regulations, be applied by the Returning Officer in the counting of the votes.

 

(3.) If any question arises as to the admissibility of any ballot-paper, the question shall be determined by the Returning Officer, whose decision shall be final.

Scrutineers.

26.—(1.) Each candidate may appoint one scrutineer, who shall be an officer serving at a branch of the Commission within the Sydney metropolitan area, to represent him at the counting of the votes and all the proceedings of the counting shall be open to the inspection of the scrutineers.

(2.) The Returning Officer shall give to each scrutineer at least two days’ notice of the date on which he proposes to count the votes.

Determination of disputes.

27.Subject to this Division, if any question arises as to the regularity or validity of any nomination or as to the voting at any poll, or otherwise as to any election, it shall be determined by the Chairman of the Commission, whose decision shall be final.

Result of poll.

28.The Returning Officer shall notify the General Manager of the result of the election not later than twenty-one days after the date of the poll and the General Manager shall forthwith notify the result of the poll to all branches of the Commission.

Election of deputy of officers’ representative.

29.The election of the deputy of the officers’ representative shall take place simultaneously with the election of the officers’ representative and shall be conducted in accordance with the provisions of this Division.

Term of office.

30.—(1.) Subject to the next succeeding sub-regulation, the officers’ representative and the deputy of the officers’ representative shall hold office for a period of one year from and including the date of their election, except in the case of a person elected by a by-election, in which case the person elected shall hold office until the day immediately preceding that on which the next annual election is held.

(2.) If the officers’ representative or the deputy of the officers’ representative ceases to be an officer of the Commission, he shall forthwith cease to be a member of the Board.

By-elections.

31.—(1.) Where a vacancy occurs in the office of officers’ representative or deputy of the officers’ representative not less than four months before the expiration of the period for which the officers’ representative or deputy of the officers’ representative was elected, or where any such vacancy exists by reason of no candidate having been elected, a by-election shall be held to fill the vacancy.

(2.) A by-election shall be conducted in accordance with the provisions of this Division, but the dates for the calling of nominations, for the return of nominations, for the poll, and for the notification of the result of the election, shall be fixed by the General Manager.

Division 2.—Procedure on Appeals.

Hearing of appeals against provisional promotions.

32.—(1.) The Chairman of the Board shall fix the time and place for meetings of the Board and shall cause notice thereof to be given to the members of the Board.

(2.) The procedure at meetings of the Board shall be as directed by the Chairman of the Board.

Determination of appeals.

33.After an appeal has been determined by the Board, the Chairman shall forthwith furnish a statement of the determination under his hand to the General Manager and to the appellant.

Part V.—The Disciplinary Appeal Board.

Division 1.—Election of Officers’ Representative.

Conduct of election of officers’ representative, Disciplinary Board.

34.The election by the officers of the Commission of an officer (in this Part referred to as “the officers’ representative”) as a member of the Disciplinary Appeal Board (in this Part referred to as “the Board”) and the election of the deputy of the officers’ representative, shall be conducted in accordance with the provisions of Division I of Part IV. of these Regulations as if any reference in that Division to the Promotions Appeal Board were a reference to the Disciplinary Appeal Board.

Division 2.—Procedure on Appeals.

Appeals against punishments.

35.—(1.) An appeal under section 22 of the Overseas Telecommunications Act 1946, shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Board.

(2.) The appeal shall be lodged with the Chairman of the Board within thirty days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.

(3.) The Chairman of the Board shall fix a time and place for the hearing of the appeal and shall cause notice thereof to be given to the members of the Board, to the appellant and to the Commission.

Particulars to be furnished.

36.—(1.) The Commission shall furnish to the Chairman of the Board and to the appellant, within seven days after the date on which the Commission receives notice of the appeal, or within such shorter time as the Chairman of the Board determines, particulars of the action taken by the Commission in respect of which the appeal has been lodged and the Commission’s reasons for taking that action.

(2.) The Chairman of the Board may direct that further particulars be furnished, and the Commission shall furnish further particulars accordingly.

Hearings to be in camera.

37.The hearing of an appeal by the Board shall be in camera unless the Board otherwise decides.

Statements relating to appeal.

38.—(1.) The appellant and the Commission respectively may lodge with the Board statements relating to the Appeal.

(2.) A copy of any such statement shall be furnished by the appellant or the Commission as the case may be, to the other party to the appeal.

(3.) The Board may direct that any statement lodged under the provisions of this regulation shall be in the form of a statutory declaration.

Evidence.

39.—(1.) On the hearing of the appeal the appellant and the Commission may call oral evidence.

 

(2.) The Chairman may, by writing under his hand, summon any person to attend the Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.

(3.) A summons under the last preceding sub-regulations shall be served personally or by leaving at the usual place of abode of the person to whom it is addressed.

(4.) A person served with a summons to attend the Board shall not, without reasonable excuse, fail to attend the Board or to produce any documents, books or writings in his custody or control which he is required by the summons to produce.

Penalty: Fifty pounds.

(5.) It shall be a defence of a prosecution for an offence arising under the last preceding sub-regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Board.

(6.) A person appearing as a witness before the Board shall not refuse—

(a) to be sworn or to make an affirmation; or

(b) to answer any question relevant to the matter before the Board put to him by a member of the Board.

Penalty: Fifty pounds.

(7.) Nothing in this regulation shall be taken to require a person to answer any question which would tend to criminate him.

(8.) A witness before the Board shall not knowingly give false testimony in any evidence given by him to the Board.

Penalty: Fifty pounds.

Representation of appellant and Commission.

40.—(1.)The appellant may be represented by not more than one counsel or solicitor or by an agent (being an officer of the Commission) who may examine witnesses and address the Board on his behalf.

(2.) The Commission may be represented by not more than one counsel or solicitor or by an officer of the Commission appointed for the purpose by the General Manager, who may examine witnesses and address the Board on behalf of the Commission.

Board not to be bound by rules of evidence.

41.The Board shall make a thorough investigation without regard to legal forms and solemnities and shall not be bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.

Proceedings where appellant or witness in remote locality.

42.—(1.) Where it appears to the Board that it is undesirable by reason of the appellant being stationed in a remote locality or by reason of expense, inconvenience or delay to require the appellant or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.

 

(2.) The person so appointed shall take evidence of the appellant or witness on oath or affirmation and for the purpose of so doing shall have all the powers of the Chairman of the Board.

(3.) Any party to the appeal shall be entitled to be represented, in the manner provided by sub-regulation (1.) of regulation 40 of these Regulations, before any person taking evidence in pursuance of this regulation.

(4.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board and considered by it in connexion with the appeal.

(5.) Nothing in this regulation shall prevent an appellant from appearing in person at the hearing of the appeal by the Board.

Decision of the appeal.

43.A statement of the decision of the Board under the hand of the Chairman shall be furnished to the Commission and the appellant within seven days after the decision of the appeal.

Costs.

44.—(1.) The Board may recommend that all or any part of the costs or expenses incurred by the appellant in connexion with the appeal be paid by the Commission, in which case the Commission shall make payment accordingly.

(2.) The Board may make a recommendation under the last preceding sub-regulation, whether or not the appeal was successful.

 

THE SCHEDULE.

——

OATH.

I, A................B.........................., do swear that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom,

So Help me God!

AFFIRMATION.

I, A...................... B ...................................., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.