Repatriation (Staff) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920–1940*
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
Dated this fifth day of November, 1941.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
———
REPATRIATION (STAFF) REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Appointments.
Part III.—Administration and Functions of Officers.
Part IV.—Classification and Salaries.
Part V.—Vacancies, Promotions and Transfers.
Part VI.—Attendance, Hours of Duty and Overtime.
Part VII.—Leave of Absence and Holidays.
Part VIII.—Allowances.
Part IX.—Retirement of Officers.
Part X.—Offences.
Part XI.—Miscellaneous.
Part XII.—Temporary Employees.
6614.—20/20.10.1941.—Price 2s.
“Auxiliary Services Staff” means officers appointed under the Act in connexion with institutions or factories conducted by the Commission;
“branch office” means the administrative office established by the Commission in the capital city of each State of the Commonwealth, but does not include the Auxiliary Services administered therefrom;
“classification” means the arrangement of officers in Divisions and grades and includes the allotment to offices of salary ranges according to the value of the work;
“classified office” means an office in the Service the classification of which is prescribed by, or allotted by the Commission pursuant to, these Regulations;
“Deputy Commissioner”, in relation to officers employed in any State, means the officer occupying the office and exercising the functions of Deputy Commissioner in that State;
“factory” means a factory established for the purposes of manufacture or repair of artificial replacements and surgical appliances;
“grade” means the ranking of a classified office in the classification according to the salary range allotted to that office;
“General Orders” means General Orders issued by the Commission;
“Headquarters” means the Commission’s central administrative office;
“institution” means an institution established for the purposes of medical treatment or care;
“officer” means a person, appointed to a classified office by the Commission, whose name has been published in the
Gazette pursuant to sub-section (3a.) of section 21 of the Act, and includes a person appointed on probation under regulation 7 of these Regulations;“Regulations” means Regulations made under the Act;
“Rulings” means rulings made and promulgated by the Commission;
“standard salary” means the rate of salary payable to an officer under these Regulations exclusive of any variation of that rate pursuant to regulation 24 of these Regulations;
“temporary employee” means a person, employed by the Commission, who is not appointed to a classified office;
“the Act” means the
Australian Soldiers Repatriation Act 1920–1940, and, if, at any time, that Act is amended, means that Act as so amended;“the Chief Clerk” means the officer occupying the office of Chief Clerk at the branch office in any State;
“the Commission” means the Repatriation Commission appointed under the Act;
“the Department” means the Department of Repatriation;
“the Secretary” means the officer appointed as Secretary of the Commission;
“the Service” means the service of the Commission, but does not include temporary employment.
“the war” means any war in which His Majesty has been engaged since the fourth day of August, One thousand nine hundred and fourteen, or in which His Majesty is, or may be, engaged.
Part II.—Appointments.
(2.) If the appointee does not, within the time specified, forward the required certificate or other satisfactory evidence of age, or if he furnishes evidence of age which is not considered satisfactory by the Commission, the Commission may cancel the appointment.
(2) After the period of six months on probation has expired, the Commission may, upon a report from the Deputy Comissioner, confirm or annul the appointment, or extend the period of probation for a further period, but the whole term of probation shall not in any case exceed twelve months.
(3.) The Commission may at any time during an extended period of probation, upon a report from the Deputy Commissioner, 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 Commission shall, upon a report from the Deputy Commissioner, confirm or annul the appointment.
(5.) Unless otherwise directed by the Commission, 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 Commission, a probationer whose appointment has been annulled shall not be again eligible for appointment on probation at any time within twelve months from the date of annulment.
(2.) A member of the Commission, a Deputy Commissioner or any officer thereunto authorized in writing by the Commission or a Deputy Commissioner may administer the oath or affirmation.
Part III.—Administration and Functions of Officers.
(
a ) unless otherwise directed by the Commission, each officer is supplied with written instructions as to his duties, and that a copy of these instructions signed by the officer concerned is filed in his office; and(
b ) a copy of all instructions from the Commission is issued to each officer affected by them.
(2.) In reporting to the Commission that, in his opinion, the staff of a branch office, institution or factory may be reduced, the Deputy Commissioner shall furnish a recommendation as to the officer or officers whose services he considers should be dispensed with and shall furnish his reasons for the recommendation.
(3.) If at any time the Commission finds that the number of officers employed in any branch office, institution or factory is greater than is necessary for the efficient working of that, branch office, institution or factory, the Commission may transfer any officer in the branch office, institution or factory to such other position of equivalent grade as the officer is competent to fill, and if no such position is available the Commission may transfer the officer to a position of lower grade. If no position is available for the officer, the Commission may retire him from the Service.
(2.) Any such officer shall report in writing to the Deputy Commissioner—
(
a ) when he considers that a reduction of staff can be made by reason of decrease in the volume of work or by re-arrangement of duties; and(
b ) any breach, of the Act, Regulations or official instructions that comes to his knowledge.
(2.) The clerk in charge of a sub-section shall report in writing to the officer in charge of the section—
(
a ) when he considers that a reduction of staff can be made in his sub-section by reason of a decrease in the volume of work or by the re-arrangement of duties; and(
b ) any breach of the Act, Regulations or official instructions that comes to his knowledge.
Part IV.—Classification and Salaries.
The First Division;
The Second Division;
The Third Division; and
The Fourth Division.
(2.) The Second Division shall include officers who are required to exercise executive or professional functions in the more important positions in the Service, and whose offices the Commission directs to be included in that Division.
(3.) The Third Division shall include all officers whose offices the Commission directs to be included in that Division.
(4.) The Fourth Division shall include all officers not included in the First, Second or Third Division.
(2.) The amount which may, subject to the provisions of regulation 22 of these Regulations, be paid to an officer of the Second Division by way of an increment of salary shall be the amount specified in Column 4 of the Third Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.
(2.) Subject to sub-regulation (1.) of this regulation, the Commission shall allot to each office in the Third Division limits of salary in accordance with the character and importance of the work required to be performed by the occupant of that particular office.
(3.) The rate of standard salary payable to an officer shall be a rate specified in Table B of the Fourth Schedule to these Regulations within the limits of salary fixed for his office in pursuance of the foregoing provisions of this regulation, and, subject to the provisions of regulation 22 of these Regulations, increments of salary may be paid
within the limits of salary fixed in respect of his office of such amount as will raise his salary to the next higher amount shown in that Table.
(4.) Notwithstanding anything contained in this regulation—
(
a ) the limits of standard salary payable to an officer in an office of the Third Division the designation of which is specified in Column 1 of Table C of the Fourth Schedule to these Regulations shall be the limits respectively specified in Columns 2 and 3 of that Table opposite to that designation; and(
b ) the amount which may, subject to the provisions of regulation 22 of these Regulations be paid to such an officer shall be the amount specified in Column 4 of that Table opposite to the designation of his office.
(2.) The amount which may, subject to these Regulations, be paid to an officer of the Fourth Division by way of an increment of salary shall be the amount specified in Column 4 of the Fifth Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.
(3.) An officer occupying the office of Machinist, Grade 1, shall not be eligible for incremental advancement beyond the standard salary rate of £210 per annum, unless the Commission is satisfied that the character of the duties upon which the officer is regularly employed warrants the advancement.
(4.) An officer occupying the office of Machinist shall not be eligible for promotion from Grade 1 to Grade 2, or from Grade 2 to Grade 3, unless she possesses such qualifications as are, in the opinion of the Commission, necessary to enable her to perform efficiently the duties of the Grade.
(5.) An officer occupying the office of Typist, Grade 1, shall not be eligible for incremental advancement beyond the standard salary rate of £210 per annum, unless the Commission is satisfied that the character of the duties upon which the officer is regularly employed justifies the advancement.
(6.) An officer occupying the office of Typist, Grade 1, shall not be eligible for promotion from Grade 1 to Grade 2, unless, on promotion, she will be employed in the supervision of at least five Typists or on duties the character of which, in the opinion of the Commission, warrants the advancement.
(7.) An officer occupying the office of Typist, Grade 2, shall not be eligible for promotion from Grade 2 to Grade 3, unless, on promotion, she will be employed on duties of a supervisory or other character the importance of which, in the opinion of the Commission, warrants the advancement.
(
a ) Fortnightly pay—(
b ) Hourly pay—Half-time—
Single or ordinary time—
Time and a half—
Double time—
Provided that, in the case of officers at institutions the terms of whose appointments render it necessary as occasion demands for them to be in attendance on seven days each week, the method of calculation of pay shall be as determined by the Commission and notified to Deputy Commissioners.
(2.) The right to receive an increment in any year shall depend upon the good conduct, diligence and efficiency of the officer and his period of attendance for duty during that year.
(3.) If, in the opinion of the Deputy Commissioner, an officer is not entitled to receive an increment from the due date, the Deputy Commissioner shall forthwith notify the Commission of the circumstances, and the Commission may order that the officer be deprived of the increment for such time as the Commission considers justified.
(4.) The provisions of sub-regulations (1.), (2.) and (3.) of this regulation shall not apply in the case of increments accruing to officers on an age basis. Such increments shall be paid as on and from the due date.
(2.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 81.7, salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of January (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—
Index number groups. | Amount of decrease in salary. | ||
Adult males. | Adult females. | Officers under 21 years of age. | |
Per annum. | Per annum. | Per annum. | |
£ | £ | £ | |
79.4-81.6.................................. | 6 | 4 | 3 |
77.1-79.3.................................. | 12 | 8 | 6 |
74.8-77.0.................................. | 18 | 12 | 9 |
72.5-74.7.................................. | 24 | 16 | 12 |
70.2-72.4.................................. | 30 | 20 | 15 |
67.9-70.1.................................. | 36 | 24 | 18 |
(3.) If the index number falls below 67.9, salaries shall be further reduced on the basis indicated in the last preceding sub-regulation, that is to say, for each fall of 2.3 points in the index number salaries shall be reduced by £6 per annum in the case of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.
(4.) Where the index number for the six months ending on the thirty-first day of March, or the thirtieth day of September in any year exceeds 83.9, salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of January (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—
Index number groups. | Amount of increase in salary. | ||
Adult males. | Adult females. | Officers under 21 years of age. | |
Per annum. | Per annum. | Per annum. | |
£ | £ | £ | |
84.0-86.2.................................. | 6 | 4 | 3 |
86.3-88.5.................................. | 12 | 8 | 6 |
88.6-90.8.................................. | 18 | 12 | 9 |
90.9-93.1.................................. | 24 | 16 | 12 |
93.2-95.4.................................. | 30 | 20 | 15 |
95.5-97.7.................................. | 36 | 24 | 18 |
(5.) If the index number rises above 97.7, salaries shall be further increased on the basis indicated in the last preceding sub-regulation, that is to say, for every rise of 2.3 points in the index number salaries shall be increased by £6 per annum in the case of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.
(6.) The following amounts shall be added to salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations after variation, if any, has been made in accordance with the foregoing provisions of this regulation:—
Per annum. | |
£ | |
Adult males.................................................................................... | 10 |
Adult females ................................................................................ | 7 |
Officers under twenty-one years of age............................................. | 5 |
(7.) The amounts referred to in sub-regulation (6.) of this regulation shall be deemed for all purposes to be part of salary.
(8.) Female officers under twenty-one years of age who are designated as Cooks, Cook’s Assistants, Household Workers, Laundresses, Laundry Assistants, or Seamstresses, and who receive rates of pay fixed for adult females shall be deemed to be adult females for the purposes of this regulation.
(
a ) a new office should be created in any Division in a branch office, institution or factory under his control;(
b ) any office in a branch office, institution or factory under his control should be abolished; or(
c ) the classification of any office, the duties of which have materially changed, should be raised or lowered.
(2.) Whenever the duties of any office are altered so as to affect the importance or character of the work of the office, the officer responsible for the alteration shall furnish a report setting out particulars of the alteration. The report shall be made to the Commission through the Deputy Commissioner, who shall inform the Commission if, in his opinion, the classification of the office should be varied consequent upon the change of duties.
Part V.—Vacancies, Promotions and Transfers.
(2.) Unless the Commission otherwise directs, the Deputy Commissioner shall notify members of the staffs of the branch office, institutions and factories in his State of the existence of a vacancy in any classified office graded with a minimum salary up to and including £366 per annum.
(3.) The Deputy Commissioner may, subject to these Regulations and the approval of the Commission, fill a vacancy in any classified office graded with a minimum salary up to and including £366 per
annum by the promotion or transfer, as the case requires, of a member of the staff of the branch office, an institution, or a factory in his State, or by appointment of a person registered for employment.
Provided that selection of a person to fill any vacancy in an office of Medical Officer, Secretary and Supply Officer, Matron, Assistant Matron, Supply Officer, Senior Sister, Manager, and Dispenser shall be made by the Commission.
(4.) A vacancy in a classified office graded with a minimum salary of more than £366 per annum shall be notified by the Commission, through Deputy Commissioners, to the staffs at the various branches, institutions, and factories.
(5.) Applications for appointment, promotion or transfer to a classified office graded with a minimum salary of more than £366 per annum shall be forwarded to the Commission, endorsed by the Deputy Commissioner concerned with any comments which he considers necessary.
(6.) The Commission may, subject to these Regulations, fill any vacancy in any office other than an office of the First Division by the promotion or transfer of an officer to the vacant position.
(7.) Notwithstanding anything contained in this regulation, where the duties of an office call for special knowledge and experience, and an officer in the Service is not available for selection therefor, the Commission shall determine the means by which the office shall be filled.
(8.) For the purposes of this regulation, the salary rate of £366 per annum shall be deemed not to be affected or varied under the provisions of regulation 24 of these Regulations.
(2.) 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.
(2.) Where an officer is transferred or promoted and is in receipt of salary above the minimum salary fixed for the office to which he is transferred or promoted, his transfer or promotion shall be effected without reduction in salary.
(3.) Where an officer is transferred or promoted to an office with rates of incremental advancement different from the rates of his former office, the Commission may determine the date, for purposes of incremental advancement, from which the officer’s salary shall be deemed to have been paid.
(2.) The seniority of officers of the Fourth Division shall be determined as follows:—
(
a ) in the case of officers whose offices are similarly graded, according to the respective dates of their appointments to those offices; and(
b ) in other cases, as the Commission approves.
(2.) Should any officer object to a change of station or work on the ground that it will involve him in pecuniary loss, or that the transfer is not to an office of equal importance, or for other cogent reasons, he may apply through the Deputy Commissioner to the Commission for permission to decline the transfer.
(3.) If the Commission finds that an objection is well founded, permission may be granted to the officer to decline the transfer, without prejudice to his eligibility for future promotion or appointment:
Provided that the officer shall have no grounds of appeal against loss of status should another officer be appointed to the office, and the Commission subsequently determines that the office declined by the officer is of higher status than the office in which he remained.
(4.) Notwithstanding anything contained in these Regulations, an officer who is instructed to proceed to a station in anticipation of his permanent transfer thereto, and who has been notified in writing by the Commission or a Deputy Commissioner that his transfer is to be made permanent, shall not be eligible to receive travelling allowance during his employment at such station.
(2.) All such exchanges shall be effected in the applicants’ own time and at their own expense.
(2.) When it is necessary to fill an office temporarily by the transfer of an officer of lower classification, the most efficient officer of those available shall be selected.
(2.) Except as provided in the next succeeding regulation, an officer transferred from one locality to another at his own request shall bear the whole cost of his removal.
(
a ) in the interests of the Department; or(
b ) in the ordinary course of promotion,
the actual cost of conveyance of the officer, together with his wife and children (if any), and of removal of his furniture and household effects, shall, subject to the provisions of the next succeeding regulation, be paid by the Commission.
|
| |
| ||
|
| |
|
| |
|
| |
Provided that, where it is shown to the satisfaction of the Commission that removal cannot be effected for the maximum amount prescribed above, the Commission may authorize the payment of an additional amount to cover the reasonable cost of removal.
(2.) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.
(3.) Before removal is undertaken, a Deputy Commissioner shall, wherever practicable, obtain quotations from at least two carriers and may, subject to this regulation, authorize acceptance of the more suitable.
(4.) Where an officer elects to dispose of his furniture and effects instead of removing them to his next station, the Deputy Commissioner may authorize payment to the officer of an amount equal to the loss shown to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.
(5.) An officer shall not be entitled to any compensation from the Commission for loss or damage arising from removal, except where removal is effected by a Commonwealth Department, in which case compensation may be allowed under such conditions as are approved from time to time by the Commission.
(6.) Furniture shall be removed by railway, where practicable, if the cost be not greater than by other means of conveyance.
(7.) No payment shall be admitted for the purposes of this regulation, unless vouchers are produced.
Provided that that allowance shall not be paid for more than one month except upon approval of the Commission.
(2.) Where a married officer is transferred to a station where quarters are not provided, and his family has removed with him to the station, an allowance in accordance with the last preceding sub-regulation may be granted upon evidence, to the satisfaction of the Deputy Commissioner, that suitable premises for residence are not available at the time the officer reaches his new station.
(3.) Where the officer’s family has not removed with him to the new station, he may be granted such allowance as is determined by the Commission upon satisfactory evidence of increased expenditure.
(2.) All officer granted such permission who uses his own motor vehicle or hires a motor vehicle as the means of transport shall be entitled to payment—
(
a ) at the rate of 2½d. per mile, if the horse-power of the motor vehicle exceeds twelve horse-power; or(
b ) at the rate of 2d. per mile, if the horse-power of the motor vehicle does not exceed twelve horse-power:
Provided that—
(i) the amount so paid shall not exceed the amount which would have been paid by the Department as fares had the officer travelled by the usual means of conveyance; and
(ii) the mileage for the purpose of computing the amount payable shall be based upon the shortest travelling distance by suitable roads between the two points of transfer.
(3.) In addition to payments as set out in the last preceding sub-regulation, the officer may also be granted travelling allowance at the prescribed rates and travelling time (if ordinarily eligible therefor) in respect of his actual journey, provided that the amount of such payment shall not exceed the amount that would have been paid had he travelled by the usual means of conveyance.
(4.) Where an officer travelling on transfer is granted permission to travel in the private conveyance of another officer, he shall not be entitled to any payment other than for travelling allowance and (if payable) travelling time. Any such payment made shall not exceed that which would have been paid had he travelled by the usual means of conveyance.
(5.) Where an officer utilizes his private conveyance under the conditions specified in this regulation and, with the concurrence of the Deputy Commissioner, provides conveyance at the same time for one or more other officers travelling the same route, in the circumstances referred to in sub-regulation (4.), the officer providing the conveyance may be granted an allowance at the rate of 1d. for each mile of the distance for which the other officer (or officers) is conveyed, in addition to any other payments which may be granted to him in accordance with this regulation.
(6.) Where an officer entitled under these Regulations on transfer to payment of fares for himself and family uses his private conveyance and is accompanied by any member or members of his family whose fare or fares otherwise would have been a departmental charge, he may be granted an allowance at the rate of 1d. for each mile of the distance travelled, in addition to any other payment which may be granted under this regulation:
Provided that the amount payable in respect of the conveyance of himself and members of his family shall not exceed the amount which would have been paid to him by the Department as fares had the officer and his family travelled by the usual means of conveyance.
Part VI.—Attendance, Hours of Duty and Overtime.
(2.) The hours of attendance of officers at an institution or factory shall be as determined by the Commission and notified to the Deputy Commissioner from time to time:
Provided that, unless the Commission in view of special circumstances otherwise directs, officers shall be granted one day off duty in every seven days, inclusive of Saturday and Sunday.
Provided that, should it be necessary to require the attendance of officers on a Saturday during the hours they would normally have been required to work but for this regulation, they shall be allowed time off, in the following week, if practicable, equivalent to the time of such attendance.
(2). The officer in charge of each section of a branch office, institution or factory provided with means of record of attendance shall be responsible for their use in accordance with these Regulations.
(2.) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorize him to absent himself from duty or to leave his office or station except on official business within his hours of duty.
(
a ) is frequently late in arrival after the ordinary hour of commencing duty, whether or not such attendances are ten minutes late;(
b ) leaves duty without authority before the ordinary time of departure;(
c ) absents himself without authority during working hours; or(
d ) records incorrectly the time of his arrival or departure,
the Chief Clerk or the officer in charge of an institution or factory, as the case may be, shall report the conduct to the officer of the Deputy Commissioner as a breach of these Regulations.
(2.) The report shall specify the officer or officers to be employed and the probable duration of the overtime.
(3.) Upon receipt of the report, the Deputy Commissioner shall refer the matter to the Commission for consideration:
Provided that, in a case of emergency, the Deputy Commissioner may authorize the working of overtime, but in such case shall immediately forward a report to the Commission with a view to obtaining its covering approval.
(2.) Except where otherwise determined by the Commission, the hourly rate, based on time and a half, shall be calculated in accordance with the following formula:—
(3.) Where officers are required to work in alternating weeks or longer periods above and below the usual hours of attendance, overtime shall be the aggregate time worked during such alternating periods in excess of the weekly hours multiplied by the number of weeks covered by such periods.
(4.) The hourly rate of pay for overtime shall be computed to two decimal points of a penny with a minimum rate of 1s. per hour. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly pay period.
(5.) Where an officer who has ceased work for the day is recalled for duty, such duty shall be recorded as overtime and shall include the time necessarily spent in travelling to the place of duty and returning to his home.
(6.) An allowance paid to an officer for the performance of higher duties, and allowances granted in such other cases as the Commission determines, shall be regarded as salary for the purpose of computing overtime payment.
(7.) When overtime is computed on a fortnightly basis and an officer is absent on one or more days or half-days during the fortnight on authorized leave, or on account of public holidays or half-holidays, deductions as provided in this sub-regulation shall be made from the number of hours to be worked before overtime payment can be claimed:—
(
a ) In the case of officers whose daily hours of duty are prescribed or determined by the Commission, the deduction shall be the time which the officers would ordinarily have worked on these days or half-days;(
b ) In the case of officers whose daily hours of duty vary with the volume of work to be performed, the deduction shall be—(i) For a full day’s absence on authorized leave or for a public holiday—
The number of hours which would ordinarily have been paid for in respect of an average day’s duty on the day of absence or on which the public holiday occurred;
(ii) For a half-day’s absence on authorized leave or for a public half-holiday—
The number of hours, from the commencement of the authorized leave or the half-holiday, required to complete the time which would ordinarily have been paid for in respect of an average day’s duty on the day on which the officer was absent or on which the half-holiday occurred; or
(iii) For authorized leave of less than half a day or for more than half a day but less than a full day—
The actual number of hours’ leave granted.
(8.) In respect of cases not provided for by this regulation the Commission may, from time to time, determine the conditions under which overtime shall be recorded and paid.
(9.) Officers in receipt of salary exceeding £462 per annum, messengers, and officers not working under close supervision or whose hours of duty cannot be definitely determined, such as Resident Medical Officers, Supply Officers, Caretakers and Watchmen, shall not be entitled to payment of overtime except in such cases as are specially approved by the Commission.
Provided that an officer who has been required by the Deputy Commissioner to perform a full day’s duty at a branch office or factory on a Sunday shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and in such case the payment for his attendance on the Sunday shall be half a day’s pay at ordinary rates.
(2.) Unless otherwise specially approved by the Commission, an officer of the Auxiliary Services Staff who is required to attend for duty at an institution on a Sunday shall not be paid any additional salary for such attendance, but he shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and a roster for this purpose shall be prepared by the officer in charge of the institution, special regard being had to the requirements of the institution and local conditions:
Provided that, in the event of the officer resigning or his services being otherwise terminated, he shall receive payment at ordinary rates in respect of any leave on account of Sunday attendance which has accumulated.
(2.) A Deputy Commissioner may require the attendance and services of an officer at a branch office or factory on an authorized holiday or half-holiday and in that event the officer shall be credited with a period of leave equivalent to the period of duty performed on the holiday or half-holiday and that period of leave may be added to and taken with the officer’s next ensuing recreation leave:
Provided that the officer shall not be credited with leave in respect of work performed on a holiday if the period of duty on the holiday is less than one half-day.
(3.) The officer in charge of an institution may require the attendance and services of an officer of the Auxiliary Services Staff at the institution on a holiday, and in that event the officer shall not receive additional payment for his attendance on the holiday, but shall be granted a period of leave equivalent to the period of duty on the holiday as soon as practicable thereafter. The officer in charge shall prepare a roster for this purpose, having special regard to the requirements of the institution and local conditions:
Provided that, in special circumstances, the Commission may approve of a period of leave credited to an officer in respect of holiday duty, up to but not exceeding six days’ leave, being taken with the officer’s next ensuing recreation leave:
Provided further that, in the event of the officer resigning or his services being otherwise terminated, he shall receive payment at ordinary rates in respect of any period of leave credited to him in respect of holiday duty.
Part VII.—Leave of Absence and Holidays.
(2.) At the discretion of the Deputy Commissioner, leave for such absence may be granted with or without pay, or may be deducted from recreation leave:
Provided that where the leave is not so deducted and payment is made for overtime worked 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.
(2.) If an officer is prevented by illness or other emergency from attending to duty, he shall forthwith report the fact to the officer to whom he is immediately responsible, and shall furnish, in the case of illness, such evidence as is prescribed by these Regulations, and in the case of emergency, such evidence as the Deputy Commissioner considers necessary.
(2.) The Deputy Commissioner shall, wherever practicable, make such arrangements as will ensure that each officer shall be granted leave of absence annually for recreation, and, if leave is not taken in the year in which it accrues, it shall lapse:
Provided that a Deputy Commissioner may in any case where it is found impracticable to grant leave of absence in any year, or for any other sufficient reason, direct in writing that the leave may be taken in the following year in addition to the leave for that year:
Provided further that in no case shall an officer he allowed to accumulate more than thirty-six days’ recreation leave.
(3.) The Deputy Commissioner shall cause a roster to be prepared in accordance with which, unless it is found impracticable in any case, each officer shall take his leave. An officer shall apply for leave at least a fortnight before the date specified in the roster as the date for his leave to commence.
(4.) Every application for leave shall be made to the Deputy Commissioner through the officer in charge of the section of the branch office, institution or factory in which the officer is employed. The officer in charge shall report as to the conduct of the applicant and as to his compliance with instructions, and whether leave may be granted without detriment to the work of the branch office, institution or factory, as the case may be.
(5.) Where the Deputy Commissioner considers it impracticable in any case to adhere to the date in the roster on which an officer should commence leave, he may direct the officer to take, at such time as the Deputy Commissioner considers convenient to the working of the branch office, institution or factory in which the officer is employed, recreation leave due to him, whether or not he has made application for the leave.
Provided that no deduction shall be made in respect of absence not exceeding three months for which leave has been granted—
(
a ) where the Deputy Commissioner is satisfied that any illness necessitating the officer’s absence is the direct result of his service in the war; or(
b ) under regulation 74 of these Regulations:
Provided further that where any such absence exceeds three months the Commission may extend the period in respect of which no deduction shall be made.
(2.) In the case of officers transferred from other Services, unbroken service in any Commonwealth or State Department continuous with service in the Department of Repatriation shall be deemed to be service for the purpose of recreation leave.
(3.) Where a person who has previously been temporarily employed is appointed in accordance with the provisions of regulation 7 of these Regulations and there is no break of continuity between his prior temporary employment and his service as an officer, the period of temporary employment shall be regarded as part of the officer’s period of service for the purpose of recreation leave.
(2.) Where an officer is being retired in accordance with regulation 106 or 108 of these Regulations, the officer may be granted, prior to retirement, recreation leave in respect of the year in which his retirement is effected.
(3.) In addition to the leave which may be granted under sub-regulation (1.) or (2.) of this regulation, an officer may be granted, prior to his resignation or retirement, recreation leave accumulated to his credit in pursuance of sub-regulation (2.) of regulation 54 of these Regulations.
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.
(2.) In addition to leave granted under sub-regulation (1.) of this regulation, a 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.
(
a ) is appointed to, enlisted in or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, the United Kingdom or any other part of the King’s dominions; or(
b ) is permitted by the Commission to engage in work or employment other than the duties of his office or offices under the Commonwealth, if, in the opinion of the Commission, that work or employment is necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth or the efficient prosecution of the war.
(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall be without pay.
(3.) An officer who is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, and is granted leave of absence under the provisions of this regulation may, if his pay as a member of the Forces in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference:
Provided that this sub-regulation shall not be construed to authorize more than one payment to any officer of any such amount.
(4.) The period during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.
(5.) A temporary employee who, in time of war, is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, may be granted leave of absence on the same terms and conditions as are applicable to an officer:
Provided that leave shall not be granted to any such employee beyond the date on which his services would, but for that leave, have been terminated.
(6.) In this regulation—
(
a ) the expression “pay as an officer” includes such emoluments as the Commission determines; and(
b ) the expressions “time of war” and “war” shall have the same meanings as those expressions have in theDefence Act 1903–1941.
Provided that this sub-regulation shall not apply to officers stationed beyond a radius of fifteen miles of the capital city in which the hearing takes place, unless the Arbitrator certifies that their attendance is essential to the proper presentation of the case by an organization.
(2.)
The Deputy Commissioner may grant leave of absence without pay to officers who
are representatives of organizations for the purpose of preparing evidence for
submission to the Arbitrator in any proceedings under the
Provided that such leave shall not be granted to more than two representatives of an organization at any one time and that the period of leave so granted shall not exceed three months in any twelve months.
(3.) The periods during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.
(2.) An application by an officer for special leave without pay for a period exceeding two weeks shall be referred by the Deputy Commissioner to the Commission. The Commission may, on sufficient cause being shown by the officer, approve of special leave without pay in excess of two weeks:
Provided that in any such case the Commission may determine whether the period of leave shall be included for any purpose as part of the officer’s period of service.
Provided that a Deputy Commissioner may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in the aggregate in any twelve months, subject to any continuous period of leave so granted not exceeding two days.
(2.) Subject to sub-regulation (1.) of this regulation, where sick leave is granted without production of a medical certificate or other evidence approved by the Commission, such leave shall be without pay.
(
a ) The basis for determining the leave which may be granted shall be ascertained by crediting the officer with the following periods, such leave to be cumulative:—(i) Where the duties cover six days a week—
|
|
| |
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(ii) Where the duties cover seven days a week—
|
|
| |
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Provided that, for the purpose of ascertaining the leave for which an officer is eligible under this regulation, there shall be deducted the leave which has been granted to him during his period of service at rates of full pay, half pay, and third pay, respectively:
Provided further that no deduction shall be made in respect of leave granted earlier than the nineteenth day of July, 1916:
Provided also that, in the case of a returned soldier, no deduction shall be made in respect of leave granted within three years after the date of his discharge from the Expeditionary Forces;
(
b ) After deduction has been made as provided in the last preceding paragraph, the period remaining at each rate of pay shall be the amount of leave for which the officer is eligible:Provided that, in the case of an officer whose ordinary duties cover six days a week, if he has had not less than six months’ service and his credit after such deduction has been made is less than twelve days on full pay, eight days on half pay, and six days on third pay, his credit shall be increased to those amounts; and if he has had less than six months’ service and his credit after such deduction has been made is less than six days on full pay, four days on half pay, and three days on third pay, his credit shall be increased to those amounts:
Provided further that, in the case of an officer whose ordinary duties cover seven days a week, if he has had not less than six months’ service and his credit after such deduction has been made is less than fourteen days on full pay, ten days on half pay, and seven days on third pay, his credit shall be increased to those amounts; and if he has had less than six months’ service and his credit after such deduction has been made is less than seven days on full pay, five days on half pay, and three and one-half days on third pay, his credit shall be increased to those amounts;
(
c ) The maximum period of leave allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks:Provided that an officer who has exhausted all leave allowable with pay may be granted leave without pay:
Provided further that, in respect of any continuous period of absence, leave with and without pay shall not exceed seventy-eight weeks;
(
d ) For the purpose of computing the sick leave which may be granted to an officer who has been transferred from a Department of the Commonwealth Public Service, continuous permanent service in any such Department shall be deemed to be service with the Commission;(
e ) Temporary service shall not be counted as service for the purposes of this regulation, except in such cases as are specially approved by the Commission.
(2.) If the departmental Medical Officer cannot certify that, in all probability, the officer will be able to resume duty within six months from the date of commencement of the current period of leave, the Deputy Commissioner shall submit the case to the Commission for decision as to the further leave, if any, which may be granted.
(3.)
If the departmental Medical Officer certifies that the officer is unlikely to
be fit to resume duty again, the Commission may retire the officer from the
Service and may direct that his retirement shall have effect as on and from a
date within the period of leave allowable under paragraph (
(4.) In submitting a case to the Commission under this regulation, the Deputy Commissioner shall furnish a statement showing the date upon which the officer commenced the current period of leave, the amount of sick leave granted to the officer during the twelve months preceding such date and the amount of sick leave remaining to his credit.
(2.) Where an officer resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Deputy Commissioner may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a departmental Medical Officer, and if the examination discloses that the officer is unfit to resume duty, the Deputy Commissioner shall grant such further leave of absence on account of illness as the medical report indicates is necessary.
(2.) Upon receipt of the medical report, the Deputy Commissioner may direct the officer to absent himself from his duties for a specified period, or, if already on leave of absence, direct him to continue on leave for a specified period, and the officer’s absence shall be regarded as absence on leave owing to illness.
(2.) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.
(2.) The Deputy Commissioner shall advise the Commission of any case in which an officer is absent from duty on account of illness caused by the misconduct of the officer, or without sufficient cause, and the Commission may determine that the period of any such absence from duty shall not for any purpose be included as part of the officer’s period of service.
(3.) Where the Deputy Commissioner, or any officer authorized by the Deputy Commissioner, has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a departmental Medical Officer to visit and examine the officer, or may direct the officer to attend on the departmental Medical Officer for examination.
(2.) Where the period for which the officer is absent does not exceed two days, he may be granted leave of absence without production by him of a medical or dental certificate, if the period of absence, together with the periods of leave granted him under regulation 63 of these Regulations, does not exceed in the aggregate three days in any twelve months.
(3.) Where the leave of absence with pay which the officer may be granted under sub-regulation (2.) of this regulation has been exhausted, or where he is absent continuously for a period exceeding two days, but not exceeding three weeks, leave of absence may be granted, subject to the next succeeding sub-regulation, upon production by him of a dental certificate. That certificate should indicate—
(
a ) that the officer concerned is under treatment by the dentist furnishing the certificate;(
b ) the nature of the treatment which the officer is undergoing; and(
c ) the actual period of absence from duty necessitated by the treatment.
(4.) A dental certificate furnished in accordance with the last preceding sub-regulation shall be submitted to a departmental Medical Officer for advice as to whether the leave applied for is reasonable, or whether it should be reduced, and leave of absence shall be granted in accordance with the advice of the departmental Medical Officer.
(5.) In. any case where an officer’s continuous absence exceeds three weeks, he shall submit an application, supported by a certificate from a duly qualified medical practitioner, for sick leave to cover the period of absence.
Provided
that, where an officer sustains physical injury while on duty and elects to
have his case dealt with under the provisions of the
(
a ) Attending hospital or a medical officer for pension review;(
b ) Attending hospital to report or for periodical examination or attention; and(
c ) Attending limb factories for supply, renewal and repair of artificial replacements and surgical appliances.
(2.) In the following cases leave for any of the purposes specified in sub-regulation (1.) of this regulation shall be deducted from the officer’s sick leave credit:—
(
a ) Where any absence exceeds half a day;(
b ) Where the officer has already been absent under regulation 51 of these Regulations on four or more occasions within the preceding month; or(
c ) Where the total amount of leave already granted to the officer under regulation 51 of these Regulations in the preceding twelve months amounts to four whole days.
(3.) Leave required by a returned soldier to attend before a War Pensions Tribunal shall be granted with pay under regulation 59 of these Regulations, without deduction from recreation leave. Where the leave which may be granted under that regulation has been exhausted, the period of absence shall be deducted from recreation leave (if any) due to the officer. If no recreation leave is due to the officer, the leave shall be granted without pay.
(
a ) if he is employed in a branch office, if practicable, by his fellow officers without additional salary or remuneration in such manner as the officer in charge of the section of the branch office directs, but, if not practicable, then in such a manner as the Deputy Commissioner or Chief Clerk directs; or(
b ) if he is employed in an institution or factory, if practicable, by his fellow officers without additional remuneration in such a manner as the officer in charge of the institution or factory directs, but, if not practicable, then in such a manner as the Deputy Commissioner directs.
Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.
(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 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 as provided by regulation 57 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.
|
|
|
|
|
|
|
|
|
|
(2.) In lieu of leave m 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 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 office who is not eligible for leave of absence under the last preceding regulation is being retired from the Service under regulation 12 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 106 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 by regulation 106 of these Regulations, retires from the 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 by regulation 106 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 106 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.
(2.) An officer required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence and, in cases where the officer is required to travel, he may be allowed his ordinary travelling allowance.
(3.) An officer subpoenaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling
allowance) shall be charged by or paid to him on account of his being so subpoenaed or called. Any amount received by the officer otherwise than from the Commonwealth, in respect of travelling expenses shall be paid to the Receiver of Public Moneys and be credited to Miscellaneous Receipts.
(4.) An officer subpoenaed or called as a witness in any other circumstances may be granted leave without pay, and any fees received as a witness may be retained by the officer.
(2.) Any officer so summoned shall be granted leave of absence for the period necessary for his attendance upon the Court, and such leave shall be with full pay, less any amount received by the officer as compensation for such attendance.
(3.) This regulation shall apply to temporary employees.
(2.) The officer shall apply, as soon as he may legally do so, to a Court of Bankruptcy for a certificate of discharge. If the officer does not apply for a certificate of discharge, or if he applies and it appears from the report that the officer has been guilty of fraud, dishonorable conduct, or extravagance, the Commission shall take such action as the case demands.
(3.) Upon being granted a certificate of discharge by a Court of Bankruptcy, an officer shall submit such certificate to the Deputy Commissioner.
(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 of the judgment and the 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 to 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 apply to temporary employees.
(7.) The provisions of this regulation shall not apply in relation to any officer in respect of whom the Deputy Commissioner is satisfied that his estate has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, but who has not yet obtained a certificate of discharge.
(2.) An officer changing his address shall immediately notify the officer responsible for the keeping of the record of addresses.
(2.) Treasury Form 44 shall be prepared in triplicate as on the last day of each month. Within seven days after the end of each month the original shall be forwarded to the local representative of the Commonwealth Auditor-General by the Deputy Commissioner, and one copy to the Commission. The third copy shall be filed in the Branch Office.
(2.) Where a suggestion is of such practical value as to warrant its adoption a suitable endorsement shall be entered on the officer’s record card, and, in addition, where adoption of the officer’s suggestion has been the means of establishing improved methods which have resulted in greater efficiency or economy or effected savings of importance, he may be granted such monetary reward as the Commission deems adequate.
(3.) All suggestions submitted by officers should be referred, with any comments considered necessary, by the Deputy Commissioner to the Commission for consideration.
Part XII.—Temporary Employees.
(2.) In such cases or classes of cases as the Commission directs, an applicant shall not be engaged as a temporary employee until a departmental Medical Officer has made a careful medical examination of the applicant and has furnished a certificate that the applicant is in sound bodily health and free from physical defects, or, if he is suffering from some disability, that that disability will not incapacitate him for the efficient discharge of the duties on which he is to be employed and is not likely to be aggravated by the nature of his duties.
(2.) Except where otherwise determined by the Commission, the provisions of these Regulations relating to attendance, hours of duty, overtime, public holidays, holiday and Sunday pay, travelling allowance and meal allowance in the case of officers, shall apply to persons temporarily employed.
(3.) Except where otherwise prescribed by these Regulations, every temporary employee shall be subject to the provisions of these Regulations, wherever deemed applicable by the Commission.
Provided that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 60 of these Regulations or such other leave as the Commission from time to time determines) for more than twenty-six working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each twenty-six working days of absence, excluding the first twenty-six working days.
(2.) The granting of leave shall not be deferred for any reason other than there being no means of carrying on the work of the temporary employee during his absence and, in any case where leave has been deferred, the Deputy Commissioner shall advise the Commission, immediately upon the leave being deferred, of the circumstances necessitating deferment.
(3.) Where leave has been deferred and, if it is not possible to grant the leave before termination of employment, or if on the completion of twelve months’ service the services of the temporary employee are not further required, the employee may be granted an amount equivalent to his pay for the period of leave deferred, if his services have been satisfactory.
(4.) For the purposes of this regulation, continuity of employment shall be deemed not to have been broken where, in a period of fourteen months, an employee is employed for a total period of twelve months and any breaks in the continuity of his employment have been due to the requirements of the Service.
(
a ) The employee shall apply in writing, stating the cause of absence;(
b ) Where the employee has not completed twenty-six days’ actual duty, the Deputy Commissioner, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;(
c ) Where the employee has completed twenty-six days’ actual duty, the Deputy Commissioner may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—(i) with pay, at the rate of one day for each twenty-six days of service in respect to which no sick leave with pay has been previously granted; and
(ii) without pay, at the rate of two days for each twenty-six days of service, except during the first twelve months of service, when leave not exceeding twenty-four days may be granted;
(
d ) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:Provided that an employee who has completed at least two years’ service without break except by authorized leave may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days; and
(
e ) Leave allowable under this sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
(2.) Where an employee has exhausted all sick leave with pay for which he is eligible under sub-regulation (1.) of this regulation, and where satisfactory medical evidence is produced that the illness is due to war service, further sick leave with half pay, or at the rate of seven shillings a day, whichever is the greater rate, may be granted for a period not exceeding six days in any twelve months:
Provided that where an employee works his prescribed weekly hours in five days, the leave shall not exceed five days in any twelve months and the minimum rate of payment shall be eight shillings and five pence a day.
(3.) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Deputy Commissioner is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—
(
a ) Application for leave shall be made in writing stating the cause of absence;(
b ) Where the employee has not completed fifty-two days’ actual duty, the leave of absence shall be without pay;(
c ) After completion of fifty-two days’ actual duty the leave granted shall be at the rate of one day with pay and two days without pay for every twenty-six days’ service, but not more than six days with pay and twenty-four days without day shall be granted in respect of any twelve months’ service;(
d ) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:Provided that an employee who has completed at least two years’ service without break except by authorized leave may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days; and
(
e ) Leave allowable under this sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
(4.) Notwithstanding anything contained in sub-regulations (1.) and (3.) of this regulation, temporary employees who, at the twentieth day of September, 1940—
(
a ) had been continuously employed for a period of twelve months immediately preceding that date shall, as from that date, and so long as they are continuously employed, be eligible for sick leave as though they had been appointed to classified offices at the commencement of that period of twelve months:
Provided that—
(i) there shall be added to the credits of sick leave for which they become eligible under this sub-regulation any accumulated sick leave with pay standing to their credit at the commencement of that period of twelve months; and
(ii) there shall be deducted from those credits any sick leave with pay granted during that period of twelve months;
(
b ) had not been continuously employed for a period of twelve months, and who, after that date, complete a period of twelve months’ continuous employment shall, as from the completion of that period, and so long as they are continuously employed, be eligible for sick leave as though they had been appointed to classified offices at the commencement of that period of twelve months, subject to deduction from the sick leave for which they thereby become eligible of any sick leave with pay granted during that period.
(5.) For the purposes of this regulation, continuity of employment shall be deemed not to have been broken where, in a period of fourteen months, an employee is employed for a total period of not less than twelve months, and any breaks in the continuity of his employment have been due to the requirements of the Service.
(6.) Notwithstanding anything contained in this Regulation, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of the injury which may be granted to that employee and the conditions under which the leave may be granted.
THE SCHEDULES.
Regulation 2.
THE FIRST SCHEDULE.
Statutory Rules 1928, No. 60.
Statutory Rules 1929, No. 129.
Statutory Rules 1929, No. 130.
Statutory Rules 1930, No. 116.
Statutory Rules 1931, No. 67.
Statutory Rules 1931, No. 68.
Statutory Rules 1931, No. 155.
Statutory Rules 1932, No. 55.
Statutory Rules 1932, No. 68.
Statutory Rules 1932, No. 120.
Statutory Rules 1932, No. 137.
Statutory Rules 1933, No. 69.
Statutory Rules 1933, No. 71.
Statutory Rules 1934, No. 55.
Statutory Rules 1934, No. 96.
Statutory Rules 1934, No. 150.
Statutory Rules 1938, No. 73.
Statutory Rules 1941, No. 160.
THE SECOND SCHEDULE.
Regulation 8.
Oath.
I, A.B., do swear 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. 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.
THE THIRD SCHEDULE.
Regulation 17.
Standard Salaries of Officers of Second Division
Designation and Location of Office. | Standard Salary Range. | |||
Minimum. | Maximum. | Increments. | ||
Column 1. | Column 2. | Column 3. | Column 4. | |
Secretary, Repatriation Commission........................ | Per annum. £ 816 | Per annum. £ 888 | Per annum. £ 24 | |
Deputy Commissioner of Repatriation— New South Wales................................................... | 912 | 984 | 24 | |
Victoria..................................................................... | 912 | 984 | 24 | |
Queensland.............................................................. | ||||
744 | 816 | 24 | ||
South Australia....................................................... | 696 | 768 | 24 | |
Western Australia................................................... | 696 | 768 | 24 | |
Tasmania................................................................. | 672 | 744 | 24 | |
Principal Medical Officer | 1,262 | 1,412 | 50 | |
Senior Medical Officer— New South Wales................................................... | 1,062 | 1,262 | 50 | |
Victoria..................................................................... | 1,062 | 1,262 | 50 | |
Queensland.............................................................. | 1,012 | 1,162 | 50 | |
South Australia....................................................... | 1,012 | 1,162 | 50 | |
Western Australia................................................... | 1,012 | 1,162 | 50 | |
Tasmania................................................................. | 962 | 1,112 | 50 | |
Assistant Senior Medical Officer— New South Wales................................................... | 962 | 1,062 | 50 | |
Victoria..................................................................... | 962 | 1,062 | 50 | |
Medical Officer, Head-quarters................................ | 1,012 | 1,162 | 50 | |
Medical Officer, Branch Offices............................... | 720 | 960 | £36, where rate of salary is under £864 £48, where rate of salary is £864 or over | |
Medical Superintendent—
| 962 | 1,112 | 50 | |
| 962 | 1,112 | 50 | |
| 912 | 1,062 | 50 | |
| 912 | 1,012 | 50 | |
| 912 | 1,012 | 50 | |
| 892 | 992 | 50 | |
| 720 | 960 |
| |
Medical Officer, Institutions...................................... | 720 | 912 |
| |
THE FOURTH SCHEDULE.
Regulation 18.
Table A.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table B.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table C.
Designation of Office | Standard Salary Range. | Increments. | |
Minimum. | Maximum. | ||
Column l. | Column 2. | Column 3. | Column 4. |
Per annum. | Per annum. | Per annum. | |
£ | £ | £ | |
Dispenser—Head (male)...................................... | 390 | 414 | 12 |
Dispenser, Grade 1 (male).................................... | 378 | 402 | 12 |
Dispenser, Grade 1 (female)................................. | 366 | 390 | 12 |
Dispenser, Grade 2 (male).................................... | 354 | 378 | 12 |
Dispenser, Grade 2 (female)................................. | 342 | 366 | 12 |
Pathological Assistant.......................................... | 354 | 378 | 12 |
X-ray Technician................................................. | 354 | 378 | 12 |
THE FIFTH SCHEDULE.
Regulation 19.
Salaries of Officers of the Fourth Division.
Designation and Location of Office. | Standard Salary Range. | Increments. | |
Minimum. | Maximum. | ||
Column 1. | Column 2. | Column 3. | Column 4. |
Per annum. | Per annum. | Per annum. | |
Males— | £ | £ | £ |
Assistant (Attendant)....................................... | 216 | 264 | 8 |
Assistant Dispenser......................................... | 284 | 300 | 8 |
| 366 | 390 | 12 |
Bootmaker, Senior, New South Wales.............. | 322 | 338 | 8 |
Bootmaker, Senior, Victoria............................. | 314 | 330 | 8 |
Bootmaker, Queensland and Western Australia. | 298 | 314 | 8 |
Bootmaker, New South Wales and Victoria....... | 290 | 306 | 8 |
The Fifth
Schedule—
Designation and Location of Office. | Standard Salary Range. | Increments. | |
Minimum. | Maximum. | ||
Column 1. | Column 2. | Column 3. | Column 4. |
Per annum. | Per annum. | Per annum. | |
£ | £ | £ | |
Males—
| 216 | 290 | 24 |
| 264 | 280 | 8 |
| 284 | 300 | 8 |
| 304 | 320 | 8 |
| 248 | 272 | 8 |
| 216 | 240 | 8 |
| 288 | 304 | 8 |
| 256 | 272 | 8 |
| 288 | 312 | 8 |
| 304 | 320 | 8 |
| 248 | 264 | 8 |
| 304 | 320 | 8 |
| 264 | 280 | 8 |
| 240 | 256 | 8 |
| 296 | 312 | 8 |
| 248 | 264 | 8 |
| 216 | 240 | 8 |
| 322 | 338 | 8 |
| 298 | 314 | 8 |
| 516 | 540 | 12 |
| 492 | 516 | 12 |
| 378 | 402 | 12 |
| 366 | 390 | 12 |
| 342 | 366 | 12 |
| 306 | 330 | 12 |
Under 16 years of age.................................................. | 66 | .. | .. |
At 16 years of age........................................................ | 78 | .. | .. |
Motor Car Driver............................................................... | 240 | 264 | 12 |
Night Foreman................................................................... | 240 | 256 | 8 |
Orderly, Senior.................................................................. | 264 | 280 | 8 |
Orderly, Grade 1................................................................ | 240 | 256 | 8 |
Orderly, Grade 2................................................................ | 216 | 240 | 8 |
Painter................................................................................ | 290 | 306 | 8 |
Pathological Assistant, Junior— At 17 years of age........................................................ | 108 | .. | .. |
At 18 years of age........................................................ | 138 | .. | .. |
At 19 years of age........................................................ | 168 | .. | .. |
At 20 years of age........................................................ | 198 | .. | .. |
Pathological Attendant....................................................... | 284 | 300 | 8 |
Storeman, Grade 1............................................................. | 272 | 288 | 8 |
Storeman, Grade 2............................................................. | 264 | 280 | 8 |
Telephonist......................................................................... | 216 | 240 | 8 |
Watchman.......................................................................... | 216 | 240 | 8 |
X-ray Assistant.................................................................. | 256 | 272 | 8 |
X-ray Assistant, Junior— At 17 years of age........................................................ | 108 | .. | .. |
At 18 years of age........................................................ | 138 | .. | .. |
At 19 years of age........................................................ | 168 | .. | .. |
At 20 years of age........................................................ | 198 | .. | .. |
The Fifth
Schedule—
Designation and Location of Office. | Standard Salary Range. | Increments. | |
Minimum. | Maximum. | ||
Column 1. | Column 2. | Column 3. | Column 4. |
Per annum. | Per annum. | Per annum. | |
£ | £ | £ | |
Females—
| 250 | 262 | 12 |
| 250 | 262 | 12 |
| 240 | 256 | 8 |
| 140 | 152 | 6 |
| 200 | 216 | 8 |
| 176 | 192 | 8 |
| 140 | 152 | 6 |
| 122 | 134 | 6 |
| 146 | 158 | 6 |
| 134 | 146 | 6 |
Machinist, Grade 1— Under 17 years of age.............................................. | 84 | .. | .. |
At 17 years of age.................................................... | 96 | .. | .. |
At 18 years of age.................................................... | 108 | .. | .. |
At 19 years of age.................................................... | 126 | .. | .. |
At 20 years of age.................................................... | 150 | .. | .. |
Adult........................................................................... | 170 | 226 | 8 |
| 234 | 242 | 8 |
| 242 | 250 | 8 |
| 216 | 232 | 8 |
| 188 | 204 | 8 |
| 248 | 264 | 8 |
| 280 | 296 | 8 |
| 308 | 332 | 12 |
| 356 | 380 | 12 |
| 368 | 392 | 12 |
| 140 | 152 | 6 |
| 216 | 232 | 8 |
| 188 | 204 | 8 |
Under 17 years of age.............................................. | 84 | .. | .. |
At 17 years of age.................................................... | 96 | .. | .. |
At 18 years of age.................................................... | 108 | .. | .. |
At 19 years of age.................................................... | 126 | .. | .. |
At 20 years of age.................................................... | 150 | .. | .. |
Adult........................................................................... | 174 | 198 | 8 |
Under 17 years of age.............................................. | 84 | .. | .. |
At 17 years of age.................................................... | 96 | .. | .. |
At 18 years of age.................................................... | 108 | .. | .. |
At 19 years of age.................................................... | 126 | .. | .. |
At 20 years of age.................................................... | 150 | .. | .. |
Adult .......................................................................... | 170 | 226 | 8 |
| 234 | 242 | 8 |
| 250 | 262 | 12 |
By Authority: L
0
0
0