Repatriation (Staff) Regulations 1928 (Amendment) (Cth)

STATUTORY RULES.

1938. No. 73.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1937.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1937.

Dated this Fourteenth day of July , 1938.

 

HUNTINGFIELD

Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendments of the Repatriation (Staff) Regulations. 

Employment of married women.

1. Regulation 48 of the Repatriation (Staff) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) There shall be payable to any female officer whose name has been published in the Gazette pursuant to sub-section (3a.) of section 21 of the Act and who has completed five years’ continuous service who retires from the service of the Commission upon her marriage, and who is not eligible for, or has not been granted, leave, or pay in lieu of leave, under regulation 79a or 79b of these Regulations, a sum equivalent to salary in accordance with the following scale:—

Length of Service.	Sum equivalent to salary for—
Not less than five years but less than eight years.........................................	One month
Not less than eight years but less than twelve years.....................................	Two months
Not less than twelve years but less than twenty years..................................	Three months.”

2. After regulation 79 of the Repatriation (Staff) Regulations the following regulations are inserted:—

Furlough.

“79 a.— (1.) The Commission may grant to any officer whose period of continuous service is not less than twenty years leave of absence for a period not exceeding one month and a half on full salary, or three months on half salary, in respect of each completed five years of continuous service:

Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.

 

* Notified in the Commonwealth Gazette on

  Statutory Rules 1928, No. 60, as amended by Statutory Rules 1929, Nos. 129 and 130; 1930, No. 116; 1931, Nos. 67, 68 and 155: 1932, Nos. 55, 68, 120 and 137; 1933, Nos. 67 and 71; and 1934, Nos. 55, 96 and 150.

3617.—14/4.7.1938—Price 3d.

(2.) Upon the retirement of an officer whose period of continuous service is not less than twenty years, the Commission may authorize payment to him of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under the last preceding sub-regulation.

(3.) Upon the death of any officer who at the date of his death was eligible under this regulation for the grant of leave of absence, or, if the Commission, after consideration of all of the circumstances, directs that the death of an officer so eligible be presumed, the Commission may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary for the period of leave which the Commission could have granted to the officer if he had retired—

(a) immediately prior to the date of his death; or

(b)in any case where the Commission has directed that the death of the officer be presumed, at a date determined by the Commission.

(4.) Notwithstanding anything contained in this regulation—

(a) there shall not be granted under this regulation, in respect of the service of any officer, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent; and

(b) except upon the retirement of an officer under regulation 49a of these Regulations, leave of absence for recreation shall not be granted in respect of the year in which leave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:

Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service.

(5.) The official conduct record of an officer shall be taken into consideration by the Commission in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

(6.) For the purposes of this regulation “salary” includes the allowance payable under regulation 68 of these Regulations.

(7.) This regulation shall be deemed to have taken effect as from the ninth day of August, 1937, and shall apply in relation to officers in the service of the Commission on or after that date.

Extended leave or pay in lieu to officers not entitled to furlough.

79 b.—(1.) The Commission may grant to any officer whose period of continuous service is less than twenty years, immediately prior to his retirement from the Commission’s service under regulation 49a

of these Regulations, leave of absence on full salary for a period not exceeding that appropriate to his period of continuous service in accordance with the following scale:—

Period of continuous service.	Leave.
16 years or more, but less than 20 years............................................	5 months
12 years or more, but less than 16 years............................................	4 months
8 years or more, but less than 12 years..............................................	3 months
4 years or more, but less than 8 years................................................	2 months

(2.) In lieu of leave in accordance with the last preceding sub-regulation, the Commission may authorize payment to an officer eligible for leave in pursuance of that sub-regulation, upon his retirement from the Commission’s service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under that sub-regulation.

(3.) Where an officer who is not eligible for leave of absence under the last preceding regulation is being retired from the Commission’s service under sub-regulation (2.) of regulation 14 of these Regulations, the Commission may authorize payment to him of a sum equivalent to the salary for a period of leave not exceeding that which, had he attained the age for retirement prescribed by regulation 49a of these Regulations, the Commission could have granted to him under sub-regulation (1.) of this regulation.

(4.) Where an officer, who is less than the age for retirement prescribed under regulation 49a of these Regulations, retires from the Commission’s service after less than twenty years’ service, and produces to the Commission satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his control, the Commission may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that which, had he attained the age for retirement prescribed under regulation 49a of these Regulations, he could have been granted under sub-regulation (1.) of this regulation.

(5.) Where, before an officer has completed twenty years’ service and before he has attained the age for retirement under regulation 49a of these Regulations—

(a) the officer dies; or

(b) the Commission, after consideration of all the circumstances, directs that the death of the officer be presumed,

the Commission may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary for the period of leave which the Commission could have granted to the officer under sub-regulation (1.) of this regulation, if he had been eligible for leave of absence under that sub-regulation, at the date of his death, or, in any case where the Commission has directed that the death of the officer be presumed, at a date determined by the Commission.

(6.) Sums paid under sub-regulations (3.), (4.) and (5.) of this regulation shall be subject to reduction by the amount of payment made to the officer in respect of leave of absence for recreation granted in respect of the year in which the officer retires or dies.

(7.) The official conduct record of an officer shall he taken into consideration by the Commission in determining whether the whole or any portion of the leave of absence or pay provided for in this regulation may be granted.

(8.) For the purposes of this regulation, “salary” includes the allowance payable under regulation 68 of these Regulations.

(9.) This regulation shall be deemed to have taken effect as from the ninth day of August, 1937, and shall apply in relation to officers in the service of the Commission on or after that date.

Definitions of officer and Service included for purposes of regulations 79a and 79b.

79c. For the purposes of regulations 79a and 79b of these Regulations—

“officer” means an officer appointed by the Commission whose name has been published in the Gazette pursuant to subsection (3a) of section 21 of the Act;

“service” means service in the Department of Repatriation, and includes service in respect of War Pensions, Repatriation or War Service Homes activities in any Commonwealth Department which is continuous with service in the Department of Repatriation, but does not include—

(a) any service prior to the eighth day of April, 1918; or

(b)in the case of a person who became or becomes an officer after the first day of January, 1933, any service in a temporary capacity.”

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