Repatriation (Staff) Regulations (Amendment) (Cth)

STATUTORY RULES.

1931. No. 68.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1930.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1930, to come into operation forthwith.

Dated this fifth day of June, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. McNEILL

Minister for Repatriation.

 

Amendment of Repatriation (Staff) Regulations.

(Statutory Rules 1928, No. 60, as amended to this date.)

1. Repatriation (Staff) Regulation 49 is repealed and the following regulation is inserted in its stead:—

Tenure of office

“49. Subject to regulations 14 (2.), 49a, 85, and 95 of these Regulations, classified officers will be employed for such time as in the opinion of the Commission they are required in their classified positions:

Provided that, if a classified officer appears to the Deputy Commissioner to be inefficient or incompetent or unfit to discharge or incapable of discharging the duties of his office efficiently, the Commission may, after a report from the Deputy Commissioner, and after consideration of the circumstances, retire the classified officer from a date to be specified by the Commission”.

2. Sub-regulation (3.) of Repatriation (Staff) Regulation 56 is repealed and the following sub-regulation is inserted in its stead:—

“(3.) Before removal is undertaken, the Deputy Commissioner shall, wherever practicable, obtain quotations from at least two carriers and may authorize the acceptance of the more suitable”.

3. Repatriation (Staff) Regulation 80 is repealed and the following regulation is inserted in its stead:—

“80.—(1.) The Deputy Commissioner may, upon sufficient cause being shown, grant any classified officer leave of absence not exceeding three days in any twelve months without deduction from recreation leave.

Provided that where payment is made for overtime during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.

1617.—Price 3d.

(2.) In addition to leave granted under sub-regulation (1.) of the regulation, the Deputy Commissioner may grant any officer leave of absence not exceeding three days in any twelve months subject to deduction of the period of leave from the officer’s next recreation leave”.

4. Sub-regulation (1.) of Repatriation (Staff) Regulation 95 is amended by inserting after paragraph (g) the following paragraph:—

“; or (h) has wilfully supplied to any officer or other person acting on behalf of the Commonwealth incorrect or misleading information in connexion with his appointment to the Commonwealth Service,”

5. After Repatriation (Staff) Regulation 95 the following new regulation is inserted:—

Attachment of salaries of officers

“95a.—(1.) Where judgment has been given by any Court against an officer of the Commission’s service for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Deputy Commissioner a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.

(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Deputy Commissioner shall as soon as practicable notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing within a time to be specified by the Deputy Commissioner, whether the judgment has been satisfied and if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.

(3.) If the officer fails to prove to the satisfaction of the Deputy Commissioner within the time specified by the Deputy Commissioner, that the judgment has been satisfied, the Deputy Commissioner may from time to time deduct from any moneys due to the officer such sums as are in his opinion necessary to enable the judgment to be satisfied or may direct the deduction therefrom of such sums, and shall pay, or direct the payment of, those sums to the judgment creditor:

Provided that in no case shall a deduction be made which will reduce the amount to be received by the officer to less than Two pounds per week, or less than one-third of the amount which would, but for the provisions of this regulation, be payable to the officer.

(4.) Where more than one judgment and statutory declaration are served upon a Deputy Commissioner in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Deputy Commissioner.

(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commission and the officer, be deemed to be a payment by the Commission to the officer.

(6.) The provisions of this regulation shall not apply in relation to any officer whose estate the Deputy Commissioner is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.”

 

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