Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63 (Amendment) (Cth)

STATUTORY RULES.

1930. No. 75.

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby amend the following regulations under the Defence Act 1903-1927, to come into operation as from 1st June, 1930, except where otherwise stated.

Dated this third day of July, 1930.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

A. E. GREEN

Minister of State for Defence.

 

Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.

(Statutory Rules 1926, No. 209, as amended to date.)

Amendments.

Insert in regulation 5a the word “no” after the word “if” and before the word “such” in the sixth line,

To take effect from 1st January, 1930.

Delete regulation 47 and insert in lieu thereof the following:—

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

Provided that no payment shall be made under this regulation unless the time in excess is more than half-an-hour daily, or where the officer is paid relieving or other allowance consequent upon his temporary transfer, in which case he shall be paid whichever amount is the greater.”

Delete regulation 108 (1.) and insert in lieu thereof the following:—

“108.—(1.) Temporary employees shall be paid the rate of wages appropriate to the trade or calling in which employed if they are returned soldiers or members of the relative union. Other temporary employees shall be paid the rates prescribed for permanent officers in similar positions:

 

Provided that where no statutory rate exists the Chief Officer shall recommend, and the Minister will prescribe, the wages to be paid:

Provide further that the Minister may, under special circumstances, prescribe special rates of wages, allowances, or privileges, for temporary employees.”

Delete regulation 121 and heading, and insert in lieu thereof the following.

“Higher Duties Allowance.

121.—(1.) Every officer shall be liable to be called upon to take up duty temporarily in another position.

(2.). Where an officer is called upon to perform temporarily the duties of a position lower than that in which he is classified, he shall not suffer any reduction in pay or loss of status.

(3.) Where an officer temporarily performs the whole of the duties of a position higher than that in which he is classified, he may be paid an allowance to raise his salary to the minimum salary of the higher position for all time temporarily served in the higher position in excess of forty-eight working days in each period of twelve months:

Provided that a second period of forty-eight working days shall not be required to be served without payment of allowance so long as the acting service is continuous.

(4.) An officer paid an allowance under sub-regulation (3.) of this regulation may after the completion of twelve months’ continuous service in the higher position be granted increments as though he had been permanently promoted to that position.

(5.) In the event of an officer while acting temporarily in a higher position being permanently promoted, he shall not suffer any reduction of salary or increments, and shall be eligible to receive increments in the same manner as he would have received them had his acting appointment been permanent.

(6.) Where the scales of salaries of the office held by the acting officer and of the office temporarily occupied overlap, the acting officer shall, subject to the provisions of sub-regulation (3.) of this regulation, be paid such remuneration as he would have received had he been permanently promoted to the higher position.

(7.) Where an officer acts in a position the pay and/or conditions of service in which are different from those governing the position normally held by him, he shall be subject to all the terms and conditions governing officers regularly employed in similar positions to that in which he is acting, as if he were a permanent officer in that position.

(8.) Notwithstanding anything contained in the foregoing provisions, when an officer is called upon to occupy temporarily a higher position the minimum salary of which is not less than £624 per annum (including allowances in the nature of salary), the amount of higher duties allowance payable, if any, shall be such as is determined by the Secretary.

(9.) Where an officer temporarily occupies a higher position but does not perform the whole of the duties usually performed by the permanent occupant of that position, he may be paid such allowance as is determined by the Secretary.

(10.) Allowances granted under this regulation shall be regarded as salary for the purpose of calculation of payments for extra duty services and travelling allowances.

(11.) In all calculations of time under this regulation, no account shall be taken of periods of acting service of less than six consecutive working days.”

 

Amend regulation 128 (1.) (b) by omitting the word “obedience” and inserting in its stead the word “disobedience”.

Delete regulation 130 and heading and insert in lieu thereof the following:—

“Arbitration Determinations Applying to Non-Members of Organizations.

130.—(1.) Any officer or employee who is a returned soldier, or any other officer or employee who has not completed two months’ service in a position in which he is eligible for membership of the relative organization, shall be deemed to be subject to the provisions of any determination made under the Arbitration (Public Service) Act 1920-1928 applicable to officers or employees similarly designated. If within the period stated any officer or employee who is not a returned soldier has not become a member of the relative organization his salary shall be adjusted as from the date of commencement of service in the position, but not prior to the first day of June, 1930, to the rate that would have been payable but for this regulation.

(2.) This regulation shall not apply to any officer or employee, other than a returned soldier, who has served for two months in a position covered by an arbitration determination or award and has not become a member of the relative organization.”

After regulation 130 insert the following new regulation:—

“Salary under Determination not Payable to Non-Members of Organizations.

130a. Subject to the provisions of regulations 117 (2.) and 130 of these Regulations, unless an officer is a member of an organization within the meaning of the Arbitration (Public Service) Act 1920-1928, or is a returned soldier, he shall not be paid salary in excess of the amount for which he is eligible under these Regulations.”

 

By Authority: H. J. Green, Government Printer, Canberra.