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

STATUTORY RULES.

1930. No. 50.

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 from 1st January, 1930, except where otherwise stated.

Dated this twentieth day of May, 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.

1. Delete the words “or employees” and “ and employees ” wherever occurring after the word “ officer ” in these Regulations.

2. Regulation 2 is amended—

(a) create a new office in any Division; those persons who, prior to this amendment, were appointed to be permanent employees of the General Division under these Regulations”;

(b) by deleting definition of “Employee”.

3. Cancel regulation 5 and heading.

4. Insert new regulation 5, as follows:—

“ Creation and Abolition of Offices.

5. The Governor-General may, on the recommendation of the Secretary—

(a) create a new office in any Division;

(b) abolish any office;

(c) raise or lower the classification of any office.”

5. After Regulation 5 insert the following new regulation;—

“Excess Officers.

5a. If at any time the Secretary finds that a greater number of officers of a particular classification is employed in any Branch of the Department than is necessary for the efficient working of that branch, any officer whom the Secretary finds is in; excess may be transferred to such other position of equal classification and salary as the officer is competent to fill, and if such position is available the officer may be transferred to a position of lower classification and salary. If no position is available for the officer, the Governor-General, on the recommendation of the Secretary, may retire him from the Service.”

6. Delete heading “Employees-General Division”.

7. Delete regulations 77 to 87 inclusive and headings.

8. Delete regulations 90 to 104 inclusive and headings.

9. Regulation 109 is amended by adding the following sub-regulation :—

“(3.) The foregoing shall not apply to temporary foremen; Temporary foremen shall be granted sick leave in accordance with regulations 65 to 72 of these Regulations.”

10. Delete regulations 113, 114, 115, 116 and 117, and the headings “Regulations generally to Apply”, Officers,”, “Classification” and “Professional Division”, and insert the following new regulations:—

“OFFICERS.

113. Officers shall be classified in divisions as follow:—

First Division.

Second Division.

Third Division.

Fourth Division.

114. —(1.) The First Division shall include the Controller General, Munitions Supply and such other officers as the Governor-General determines.

(2.) The Second Division shall include officers who are required, to exercise executive or professional functions in the more important offices of the Department and—

(a) whose offices, were, prior to this amendment classified in the Professional Division and are specified in regulation 116 (1.) of these Regulations, or

(b) whose offices the Governor-General, on the recommendation of the Secretary, directs to be included in that Division.

(3.) The Third Division shall include—

(а) all officers whose offices were, prior to this amendment, classified in the Professional Division, and whose offices have not been classified in the First or Second Division under the provisions of this regulation.

(b) officers whose offices the Governor-General, on the recommendation of the Secretary, directs to be included in that Division.

(4.) The Fourth Division shall include all persons whose offices, prior to this amendment, were classified in the General Division and whose offices are not included in the First, Second, or Third Division.

Officers of the First Division.

115. Officers of the First Division shall be paid such salaries as are provided in the Appropriation Act.

Officers of the Second Division.

116. —(1.) An officer of the Second Division occupying an office specified in the following table shall be paid salary in accordance with the amount or scale in the table opposite the office occupied by him:—

Branch.	Office.	Salary.
		Minimum.	Maximum.
£	£
Munitions Supply........	Chief Chemical Engineer, Maribymong	1,100	1,150
Munitions Supply........	Superintendent of Laboratories........................	900	1,100
Munitions Supply........	Chief Inspector ..............................................	900	1,050

(2.) Subject to regulation 120, an officer occupying an office specified in the preceding table may be paid increments within the limits of salary fixed in respect of his office as follows:—

(a) In the case of an officer receiving salary less than £900, an amount of £24; and

(b) In the case of an officer receiving salary of £900 or over, an amount of £50.

Officers of the Third Division.

117. —(1.) The limits of salary payable to an officer in any office in the Third Division shall be such amounts specified in Table “A” or Table “B” of this regulation as are fixed by the Governor-General on the recommendation of the Secretary in respect of that office.

(2.) Notwithstanding anything contained in this regulation the limits of salary payable to any officer included in the Third Division by virtue of the provisions of regulation 114 (3.) (a) and the conditions governing advancement within the limits of salary prescribed shall be determined by the Minister within the limits of salary specified hereunder:—

£ £	£ £	£ £
120-474..........	456-564..........	564-636..........
384-456..........	474-600..........	612-684..........
384-492..........	492-564..........	660-732..........
420-528..........	528-600..........	684-756..........
438-510..........	528-636..........	732-900..........
456-528..........	546-612..........	852-1,000.......

Provided that any such officer who was in receipt of a higher salary than is so prescribed under this sub-regulation shall continue to receive such higher salary so long as he occupies the office and performs the duties in respect of which such salary was granted.

(3.) (a) Subject to Regulation 120, increments may be paid to an officer within the limits of salary fixed in respect to his or her office of such amount as will in the case of male officers raise the salary to the next higher amount shown in Table A” and in the case of female officers to the next higher amount shown, in Table “B”.

(b) The minimum rates of pay to male officers 21 years of age and under shall be as follow:—

£
Under 17 years ..........................................................................	96
At 17 „ ............................................................................	108
,, 18 ,, ............................................................................	120
,, 19 ,, ............................................................................	144
,, 20 ,, ............................................................................	168
,, 21 ,, ............................................................................	222

(c) The minimum rates of pay to female officers 21 years of age and under shall be as follow:—

£
Under 17 years ..........................................................................	96
At 17 „ ............................................................................	108
,, 18 ,, ............................................................................	120
,, 19 ,, ............................................................................	144
,, 20 ,, ............................................................................	168
,, 21 ,, ............................................................................	172

   

(d) The maximum of the limits of salary of an officer shall not be less than £306 in the case of a male officer or less than £256 in the case of a female officer.

Table “A”
£	£	£	£	£	£	£	£	£
96	108	120	144	168	222	234	246	258
270	282	294	306	318	330	342	354	366
384	402	420	438	456	474	492	510	528
546	564	582	600	612	636	660	684	708
732	756	780	804	828	852	876	900	950
1,000	1,050	1,100
Table “B”
£	£	£	£	£	£	£	£	£
96	108	120	144	168	172	184	196	208
220	232	244	256	268	280	292	304	316
328	340	352	364	382	400	418	436	454
472	490	508	526

Officers of the Fourth Division.

117a. Officers of the Fourth Division employed in any of the offices specified in the following tables, and any officer subsequently appointed, promoted, or transferred to those offices shall be paid salaries in accordance with the scales or amounts in those tables opposite their respective offices.

 

Table “A”

General.

Office.	Salary			Remarks.
					Minimum.	Maximum.	Increments.
	£	£	£
Artisan............................................................	292	308	8
Assistant (Male)—
Under 17 years.......................................	..	84	..
At 17 years .............................................	..	96	..
At 18 years .............................................	..	108	..
At 19 years .............................................	..	132	..
At 20 years .............................................	..	156	..
Assistant (Female)—
Under 17 years ......................................	..	84	..
At 17 years .............................................	..	96	..
At 18 years .............................................	..	108	..
At 19 years .............................................	..	126	..
At 20 years .............................................	..	150	..
Assistant—Adults
Grade 1 ...................................................	212	244	8
Grade 2 ...................................................	212	260	8
Assistant, Senior ..........................................	252	284	8
Caretaker—
Grade III .................................................	227	239	6	Advancement to next grade is not of right
Grade II...................................................	245	263	6
Grade I ....................................................	281	317	12
Inquiry Officer .............................................	282	330	12
Labourer ........................................................	294	228	8
Lift Attendant ..............................................	204	228	8
Messenger—
Under 17 years ......................................	..	84	..
At 17 years .............................................	..	96	..
At 18 years .............................................	..	108	..
At 19 years .............................................	..	132	..
At 20 years, ...........................................	..	156	..
Messenger, Senior .......................................	212	244	8
Typist (Female)—
Under 17 years ......................................	..	84	..
At 17 years .............................................	..	96	..
At 18 years .............................................	..	108	..
At 19 years .............................................	..	126	..
At 20 years .............................................	..	150	..
Typist Adult—
Grade 1....................................................	170	226	8	See conditions below
Grade 2....................................................	234	242	8
Grade 3 ...................................................	250	262	12
Watchman* ..................................................	212	236	8

* With effect from 1,7,1928.

Any officer occupying an office designated in the above table, who, under the regulations in operation immediately prior to 1st July, 1926, was in receipt of a higher salary than is now prescribed shall continue to receive such higher salary so long as he occupies the office and performs the duties in respect of which such salary was granted.

Any officer, who, under the regulations in force immediately prior to 1st April, 1927, was classified Adult Messenger shall continue to receive the salary paid to him under those regulations so long as he continues to perform the duties in respect of which such salary was granted.

Conditions re Typists.

Grade 1.—Advancement beyond £210 to be subject to evidence to the satisfaction of the Secretary of efficiency as a shorthand writer at rate of 120 words a minute, ability to transcribe or type letters, &c., with due regard to punctuation and form, and to employment on duties requiring such qualifications or on work regarded by the Secretary as of equal standard.

Grade 2.—Inclusion in grade to be dependent upon possession of qualifications prescribed for advancement beyond £210 and, in addition, upon employment in the supervision of at least five typists or on such duties of a secretarial or correspondence character or work of like standard as in the opinion of the Secretary warrants classification in Grade 2.

Grade 3.—Inclusion in grade to be dependent upon—

(a) efficiency as a shorthand writer at rate of not less than 140 words a minute, and the regular utilization of such qualifications in the reporting of deputations or inquiries; or

(b) employment on duties of a supervisory character; to such extent as in the opinion of the Secretary warrants inclusion in Grade 3.

Table “B.”

Naval.

Office.	Salary.				Remarks
	Minimum.	Maximum.	Increments.
£	£	£
ENGINEERING AND CONSTRUCTION BRANCH.
Plan Printer ....................................	249	309	12
Hydrographic Branch.
Chart Assistant—
Under 17 years ..........................	..	84	..
At 17 years ................................	..	96	..
At 18 years ................................	..	108	..
At 19 years ................................	..	132	..
At 20 years ................................	..	156	..
Adult...............................................	212	266	8
Chart Corrector—
Under 17 years ..........................	..	84	..
At 17 years ................................	..	96	..
At 18 years ................................	..	108	..
At 19 years ................................	..	132	..
At 20 years ................................	..	156	..
Adult ........................................	212	284	8
Chart Corrector, Senior	312	384	12
H.M.A. Naval Establishments, New South Wales.
Senior Assistant, Master Attendant’s Branch (Boatswain’s Office)................................................
	252	308	4 of 8 2 of 12

   

TABLE “ C.”

Military.

Office.	Salary.		Remarks.
	Minimum.	Maximum.		Increments.
£	£	£
District Base Head-Quarters.
Printer, Senior...............................................	..	316	..
Ordnance and Store Staffs
Armourer, Grade 1.......................................	252	276	8
Armourer, Grade 2.......................................	286	302	8
Chief Armourer—
New South Wales and Victoria	354	378	12
Queensland and South Australia	318	354	12
Western Australia and Tasmania	318	342	12
Assistant (Stocktaking)...............................	202	300	8
Laboratory Foreman ...................................	330	366	12
Storeman, Assistant ....................................	228	244	8
Storeman.......................................................	252	276	8
Storeman, Senior..........................................	284	292	8
Storeholder—
Grade 1....................................................	306	342	12	Advancement to next grade is not of right
Grade 2....................................................	354	390	12
Blacksmith....................................................	286	302	8
Blacksmith, Senior ......................................	..	322	..
Blacksmith, Striker.......................................	242	258	8
Carpenter.......................................................	292	308	8
Carpenter, Senior..........................................	..	328	..
Saddler...........................................................	272	288	8
Saddler, Senior..............................................	..	316	..
Canvas Worker.............................................	272	288	8
Canvas Worker, Senior................................	..	310	..
Rifle Range Staffs.
Range Assistant—
Grade 1....................................................	227	233	6
Grade 2....................................................	233	245	6
Ranger............................................................	251	263	6
Range Superintendent.................................	293	329	12

 

TABLE “D.”

Munitions Supply.

Office.	Salary.			Remarks.
	Minimum.	Maximum.	Increments.
£	£	£.
Inspection Branch
Supervisor......................................................	370	430	10
Chief Examiner, Small Arms	348	372	12
Factory, Lithgow
Proof Master, Small Arms	348	372	12
Factory, Lithgow
Overlooker, Small Arms Factory,	306	342	12
Lithgow

   

TABLE “D” —continued.

Munitions Supply—continued.

Office.	Salary.				Remarks.
	Minimum.	Maximum.	Increments.
£	£	£
Inspection Branch—continued.
Officer in charge of Proof Ground,	348	372	12
Ammunition Factory, Footscray
Overlooker, Ammunition Factory,	294	330	12
Footscray
Viewer ...........................................................	270	288	6
Examiner of Stores—
Grade 1 ...................................................	312	348	12	Advancement to next grade is not of right
Grade 2 ...................................................	360	372	12
Foremen.
Foreman, Senior	420	450	10	Not subject to variation under regulation 117b
Foreman—
Grade “A” ..............................................	380	440	10
Grade “ B” ..............................................	370	430	10
Grade “C “ ..............................................	370	420	10
Grade “D” ..............................................	350	410	10
Grade “ E “ .............................................	350	370	10

Re-number regulation 116 a. as “ 117b ” and in lieu of the figures “ 116 ” in the eighth line of this regulation insert the figures “116, 117 and 117a”.

Before the word “ where ” in the first line of regulation 117b insert the following:—“ Except where otherwise provided ”.

11. Delete heading “ Increases and Increments—Officers” and regulation 120, and insert in lieu the following:—

“Increments.

120.—(1.) Increments of salary which are prescribed within the limits of a class or in respect to any particular office shall be annual, except where otherwise prescribed, and no increment shall accrue to any salary until the officer in receipt of the salary has received the salary for a period of twelve months.

(2.) The right to receive an increment in any year shall depend upon the good conduct, diligence and efficiency of the officer and the period of attendance for duty during that year.

(3.) The Secretary may determine the conditions under which increments may be granted to officers whose attendance for duty during the year has been for a lesser period than eleven months.

(4.) If, in the opinion of the Secretary, an officer is not entitled to receive an increment, he may issue an order in writing depriving the officer of the increment for such time as the Secretary considers justified, and in that event the increment shall not be paid.

(5.) Where the Secretary determines that an officer is not entitled to receive an increment from the due date, a copy of the order depriving the officer of the increment, with a statement of the reasons for such action, shall be furnished to the officer affected who may within seven days of receipt of such order appeal to the Minister through the Secretary and the Chief Officer against the action taken.

 

(6.) Where an increment has been deferred, the Secretary may determine that, for purposes of future advancement, the increment shall be deemed to have been granted from the date on which, but for such deferment, it would have become due:

Provided that where an increment has been deferred owing to misconduct or inefficiency, the provisions of this sub-regulation shall not apply unless the officer’s conduct, diligence, and efficiency during the ensuing twelve months be reported as satisfactory.”

12. After regulation 120 insert the following new regulation:—

“ Promotions and Transfers.

120a.—(1.) Whenever a vacancy occurs, in an office in any Division other than the First Division, and in the opinion of the Secretary it is necessary to fill that vacancy by the transfer or promotion of an officer, the Secretary may transfer or promote an officer to fill the vacancy.

(2.) In the selection of an officer for promotion under the provisions of this regulation, consideration shall he given first to the relative efficiency, and, in the event of an equality of efficiency of two or more officers, then to the relative seniority, of officers available for promotion to the vacancy,

(3.) In this regulation “ efficiency ” means special qualifications and aptitude for the discharge of the duties of the office to be filled, together with merit, diligence and good conduct, and, in the case of an officer who is a returned soldier, includes such efficiency as, in the opinion of the Secretary, he would have attained but for his absence on active naval or military service.”

13. Delete regulation 123 and heading, and insert in lieu the following:—

“ Appointments.

123.—(1.) No person shall be admitted to the service of the Department, unless—

(a) he is a natural-born or naturalized British subject;

(b) he produces when required—

(i) a properly certified extract from an official register of births, or other evidence of age satisfactory to the Secretary, and

(ii) a certificate from a medical practitioner, registered within the Commonwealth, of sound bodily health and freedom from physical defects, containing satisfactory answers to such detail questions as the Secretary specifies.

Provided that a returned soldier may be appointed to the service of the Department although not free from physical defects as would incapacitate him for the efficient discharge of the duties of the position to which he is to be appointed.

Provided further that, when so directed, the medical certificate must be obtained from a medical practitioner nominated by the Secretary.

(iii) If the required certificates are not forwarded within the time specified by the Secretary, or are not considered satisfactory, the Secretary may cancel the appointment.

(c) (except as hereinafter provided) he has successfully passed such entrance examination as may be prescribed;

(d) he makes and subscribes an oath or affirmation in the following form:—

Oath.

I, A. B., do swear that I will be faithful and bear true allegiance to the King, and will loyally us 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.

14. Delete regulation 124 and insert in lieu the following:—

“124.—(1.) Except as hereinafter provided; every person admitted to the service of the Department shall in the first instance be appointed by the Secretary on probation only, and may be continued on probation for a period of six months, but his services may be dispensed with by the Secretary at any time during that period.

(2.) After the period of six months on probation has expired, the Governor-General may, on the recommendation of the Secretary, confirm or annul the appointment, or extend the period of probation for a further period, provided that the whole term of probation shall not in any case exceed twelve months.

(3.) The Governor-General, on the recommendation of the Secretary, may at any time during an extended period of probation confirm or annul the appointment.

(4.) Upon the expiration of the extended period of probation of any probationer whose appointment has not been confirmed or annulled under the provisions of the last preceding sub-regulation, the Governor-General may, on the recommendation of the Secretary, confirm or annul the appointment.

(5.) Unless otherwise directed by the Secretary, annulment of appointment shall take effect from the date on which the probationer ceases to perform the duties of the office.

(6.) Unless otherwise determined by the Secretary, no probationer whose appointment has been annulled shall be eligible as a probationer at any time within twelve months from the date of the annulment.”

15. Delete regulation 125 and insert in lieu the following:—

“125.—(1.) If at any time it appears expedient or desirable in the interests of the Department to appoint some person who is not employed in 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.

(2.) No such appointment shall be made until the Secretary has certified that in his opinion there is no officer available in the service of the Department who is capable of filling the position to which it is proposed that the appointment shall be made.

(3.) In making any appointments under this regulation, preference shall, subject to competency, be given to returned soldiers.

16. After regulation 126 insert the following new regulations:—

“ 126a. To be eligible for appointment as foreman in a Government Munitions Establishment, a person shall have been employed for not less than ten years in a Government Establishment, five years of which must have been in the position of temporary foreman in a Government Munitions Establishment, and shall possess such technical and educational qualification as may be prescribed by the Minister.

 

Gazettal of Appointments, etc.

126b. Notice of every appointment, promotion, retirement, or dismissal of officers under these Regulations shall be published in the Gazette.

17. Delete regulation 127 and insert in lieu the following:—

“127. If an officer appears to the Secretary or the Chief Officer to be inefficient or incompetent or unfit to discharge or incapable of discharging the duties of his office efficiently, the Governor-General, on the recommendation of the Secretary, may, after report from the Chief Officer, and after investigation into the circumstances, retire the officer from the Service from a date to be specified by the Governor-General, or the Secretary may transfer him to some other position, with salary appropriate to such other position.”

 

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