Repatriation (Staff) Regulations (Amendment) (Cth)

STATUTORY RULES.

1934. No. 55.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920‑1931.

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 Australian Soldiers’ Repatriation Act 1920‑1931, to come into operation forthwith.

Dated this ninth day of May, 1934.

(Sgd.) ISAAC A. ISAACS

Governor‑General.

By His Excellency’s Command,

(Sgd.) JOS. FRANCIS.

For Minister of State for Repatriation.

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Amendment of Repatriation (Staff) Regulations.

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

1. Repatriation (Staff) Regulation 65 is repealed and the following regulation inserted in its stead:—

“65.—(1.) Subject to these Regulations, travelling allowances shall be paid to officers in accordance with the following scale:—

Where Maximum Salary of Position is—	Allowance Capital cities.						Allowance other than Capital Cities.
	First Fourteen Days’ Residence.		After Fourteen Days’ Residence.				First Fourteen Days’ Residence		After Fourteen Days’ Residence.
			Married Officer.		Unmarried Officer.				Married Officer.		Unmarried Officer.
Per day.		Per week..		Per week..		Per day.		Per week.		Per week.
s.	d.	s.	d.	s.	d.	s.	d.	s.	d.	s.	d.
£ 312 and under	12	0	42	0	30	0	10	6	35	0	25	0
£ 313 to £480	14	6	50	0	35	0	12	0	42	0	30	0
£ 481 to 708	17	0	63	0	40	0	14	6	50	0	35	0
£ 709 to 999	20	0	70	0	45	0	17	0	83	0	40	0
£1,000 and over	*		*		*		*		*		*

* As may be determined from time to time by the Commission.

1072.—Price 3d.

 

(2.) For the purpose of calculating travelling allowance payable to an officer, the maximum salary of the position occupied by the officer shall not be deemed to be affected by the provisions of the Financial Emergency Act 1931‑1933, or to have been varied since the first day of July, 1926, by the provisions of regulation 62 of these Regulations.

(3.) Where travelling allowance is payable for less than one day, the allowance shall be at an hourly rate of one twenty‑fourth part of the daily rate or one hundred and sixty‑eighth part of the weekly rate, as the case may be.

(4.) Where travelling allowance has been paid under this regulation for eight weeks’ residence in one locality, the Deputy Commissioner shall submit the case to the Commission for review. Nosuch allowance shall be continued beyond three months without the concurrence of the Commission, and if, upon review, the Commission considers the amount excessive, it shall be discontinued or reduced to such an amount as the Commission thinks fit.

(5.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation is any case where an officer is not required to be absent from his head‑quarters over night.

(6.) When an officer travels by steamer or by railway, and the fare paid includes subsistence, he shall be paid one‑quarter of the allowance specified in the scale in sub‑regulation (1.) of this regulation:

Provided that, when an officer travels by a steamer owned or chartered by the Commonwealth Government, the rate of allowance shall be determined by the Commission, but such allowance shall not exceed one‑quarter of the rate specified in the scale in sub‑regulation (1,) of this regulation.

(7.) Where an officer is provided with subsistence and lodging, the Commission shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one‑quarter of the amount specified in the scale in sub‑regulation (1.) of this regulation, according to the period of residence in the same place.

(8.) Where an officer is provided with subsistence without lodging, or is provided with lodging without subsistence, the Commission may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one‑third in any case where lodging only is provided, and by not more than two‑thirds where subsistence only is provided.

(9.) All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from time of departure of to time of arrival on return of the train, steamer, or other conveyance by which officers travel:

Provided that in the case of an officer travelling on permanent transfer to whom the provisions of sub‑regulation (3.) of regulation 55 of these Regulations ore applicable, the period shall be computed to time of arrival at the place to which he has been transferred.

(10.) If in any case it is proved to the satisfaction of the Commission that the allowance paid under this regulation is insufficient to meet extra expenses necessarily incurred, the Commission may increase the allowance.

(11.) Officers shall travel by railway if the cost be not greater than by other means of conveyance.

(12.) Where an officer does not travel by railway he shall upon furnishing receipts for the payment, be repaid the actual cost of the necessary and most economical means of conveyance. Receipts will not be required for any amounts not exceeding five shillings.

(13.) Where an officerstationed temporarily at any place and receiving travelling allowance is required to visit any other place on official business, and thereby necessarily incurs extra personal expenses, he may be paid such additional allowance for the visit as the Commission directs.

(14.) When an officer who is absent from his head‑quarters on duty is forced by illness not due to his own fault to take sick leave, and he is unable to return to his home or, in the opinion of the Deputy Commissioner, it is inexpedient for him to do so, he shall be paid an allowance to the extent of the proved costs to him of such illness, but not exceeding the amount to which he would have been entitled as travelling allowance had he been on duty for the period of sick leave involved.

(15.) When an officer who has been sent for duty at a temporary station returns to his home while on leave of absence owing to illness, payment of travelling allowance shall cease from the time of departure from the temporary station but the cost of fares to the officer’s home, and return to thetemporary station, if he be required to resume duty at the temporary station, shall be borne by the Department:

Provided that the amount paid shall not exceed the cost which would have been involved in the officer’s travelling between the temporary station and his permanent head‑quarters.

(16.) In the case of an officer who, while on duty at a temporary station entitling him to travelling allowance, obtains leave of absence either with or without pay (other than sick leave under sub‑regulation(14.) ofthis regulation) a deduction from his travelling allowance shall be made at the rate of twenty‑four hours travelling allowance for each day’s absence on such leave:

Provided that travelling allowance shall not be paid for the period from the time of the officer’s departure from the temporary station to the time of his return thereto in any case where he—

(a) leaves the temporary station prior to the time of commencement of leave of absence, or

(b) returns to thetemporary station subsequent to the time of expiration of leave of absence.

(17.) Where an officer who has been sent for duty at a temporary station returns to his home or head‑quarters for his own convenience for any period during which he is not required to be on duty, he may be paid—

(a) travelling allowance, or.

(b)the actual travelling expenses to which he would be entitled in travelling to and from his home, or

(c) the actual travelling expenses to which he would be entitled in travelling to and from his head‑quarters,

whichever is the least.

(18.) For the purpose of payment of travelling allowance, a married officer shall be deemed to include any unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Commission, justify his inclusion.”

2. After Repatriation (Staff) Regulation 66 the following new regulation is inserted:—

Exemption from State laws in certain cases.

“66a.—(1.) Any payment or allowance made by the Commonwealth to an officer in pursuance of these Regulations, or under the authority of the Commission, in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of any State law relating to motor vehicles transport or traffic, and the officer shall not be required to obtain any licence or permission or to pay any fee or tax under any State law by reason of the fact that he receives or is entitled to receive such payment or allowance.

(2.) In this regulation ‘officer’ means any person employed in any capacity by the Commission and includes a person temporarily employed.”

3. Repatriation (Staff) Regulation 68 is amended by omitting the second proviso to sub‑regulation (1.) and inserting in its stead the following:—

“Provided further that no payment of allowance under this sub‑regulation shall be made to an officer unless he makes written application to the Deputy Commissioner for payment of allowance, and the allowance shall not be payable in respect of any period exceeding four months prior to the date upon which such application is forwarded to the Deputy Commissioner.”

4. Repatriation (Staff) Regulation 76 is repealed and the following regulation inserted in its stead:—

“76. Subject to the conditions decided upon by the Commission, an officer who isrequired to travel on departmental business in his private time shall be paid for the time spent in travelling at a rate equal to his ordinary rate of pay:

Provided that payment under this regulation shall not be made in any case where the officer receives a salary exceeding £450 per annum.”

5. Repatriation (Staff) Regulation 79 is amended by inserting the following new sub‑regulation:—

“(17.) Where an officer is being retired

 under the provisions of regulation 49a of these Regulations, he may be granted, prior to retirement, recreation leave for the calendar year in which his retirement is effected.”

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