Peace Officers Regulations 1928 (Amendment) (Cth)

STATUTORY RULES

1936. No. 115.

REGULATIONS UNDER THE PEACE OFFICERS ACT 1925.*

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 Peace Officers Act 1925.

Dated this second day of September, 1936.

Governor-General.

By His Excellency’s Command,

Attorney-General.

Amendment of Peace Officers Regulations.

Definitions.

1. Regulation 1a of the Peace Officers Regulations is amended by omitting the definition of “Peace Officer” and inserting in its stead the following definition:—

“‘Peace Officer’ means any Peace Officer who is appointed under the Act to any rank or grade other than that of Superintending Peace Officer or Deputy Superintending Peace Officer, but does not include a special Peace Officer;”.

Offences.

2. Regulation 5 of the Peace Officers Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) If the Superintending Peace Officer or any Deputy Superintending Peace Officer considers that any Peace Officer has committed an offence of such a serious nature that he should not continue in the performance of his duty, the Superintending Peace Officer or Deputy Superintending Peace Officer may suspend the officer from duty pending consideration of the question of his dismissal:

Provided that where a Deputy Superintending Peace Officer has suspended a Peace Officer the suspension may be removed at any time by the Superintending Peace Officer.”.

3. After regulation 5 of the Peace Officers Regulations the following regulations are inserted:—

Hours of duty of Peace Officers.

“6.—(1.) The hours of duty of Peace Officers shall be forty-eight hours per week, which shall be worked in shifts of such number of hours as the Deputy Superintending Peace Officer directs:

Provided that, if circumstances render it necessary, the Deputy Superintending Peace Officer may require any Peace Officer to remain on duty for a period in excess of the number of hours normally worked by Peace Officers.

 

* Notified in the Commonwealth Gazette on , 1936.

 Statutory Rules 1928, No. 115, as amended by Statutory Rules 1934, No. 53.

2408.—6/14.8.1936.—Price 3d.

(2.) Where a Peace Officer is required to remain on duty on any day for a period in excess of the number of hours normally worked by him, he shall not be entitled to overtime in respect of the excess time worked, but shall be allowed equivalent time off in lieu thereof on the day next following or as soon after that day as is practicable.

Recreation leave.

“7.—(1.) After twelve months’ service, the Superintending Peace Officer may grant to a Peace Officer leave of absence for recreation for any period or periods not exceeding twenty-four actual working days in the whole of each year.

(2.) If leave of absence for recreation is not taken in the year in which it accrues it shall lapse:

Provided that the Superintending Peace Officer may, in any case where it is impracticable to grant leave of absence in any year, or for any other sufficient reason, direct in writing that the leave may be taken at a specified time in the next following year in addition to the leave for that year, and the leave may then be taken accordingly.

Sick leave.

“8.—(1.) A Peace Officer shall, when absent from duty on account ofsickness or injury—

(a) immediately report, or cause to be reported to the Officer in chargeat his station, particulars of the illness or injury; and

(b)furnish or cause to be furnished to the Superintending Peace Officer a written application for leave, together with a medical certificate:

Provided that the Superintending Peace Officer may grant leave of absence under this regulation, without the production of a medical certificate, for any period not exceeding two days, but the periods of leave so granted shall not exceed three days in the aggregate in any period of twelve months.

(2.) A Peace Officer may, in respect of his service as a Peace Officer, be granted, in case of illness, sick leave in accordance with the provisions of the Determination of the Public Service Arbitrator (No. 39 of 1926), as amended from time to time.

(3.) The Superintending Peace Officer may, on production of satisfactory medical evidence, grant sick leave on full pay in accordance with that Determination for any period not exceeding seven days in any period of twelve months.

(4.) All applications for sick leave in excess of seven days in any such period shall be submitted to the Secretary, Attorney-General’s Department, for approval or otherwise.

(5.) A Peace Officer shall not be allowed sick pay if the sickness or injury arises from his own misconduct, or in any case of absence without sufficient cause.

Unauthorized absence.

“9. When the absence of a Peace Officer is not sanctioned under regulation 7 or regulation 8 of these Regulations, he shall, in addition to any penalty that may be imposed for an offence under these Regulations, forfeit his pay for the period of such absence.

Rights of certain officers preserved.

“10.—(1.) Any Peace Officer who was employed in a Government Munitions Establishment prior to the first day of November, 1923, and whose service as a Peace Officer is continuous with his service

 

as an employee in such Munitions Establishment, shall have the same rights to furlough, leave of absence or pay in lieu thereof as an officer of the Commonwealth Service has under the provisions of sections 73 and 74 of the Commonwealth Public Service Act 1922-1934.

(2.) For the purpose of determining the rights of a Peace Officer under this regulation, his period of service shall be deemed to have commenced on the date of the commencement of his employment in the Government Munitions Establishment.

(3.) The power to grant furlough, leave of absence or pay in lieu thereof under this regulation shall be exercised by the Attorney-General.”.

 

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