Repatriation (Staff) Regulations (Cth)
STATUTORY RULES.
REGULATION UNDER THE AUSTRALIAN SOLDERS’ REPATRIATION ACT 1920-1922.
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 1920-1922, to come into operation from the first day of July, 1928
Dated this fifth day of July 1998.
Governor-General.
By His Excellency’s Command,
REPATRIATION (STAFF) REGULATIONS.
Part I-Preliminary.
Part Part Part Part Part Part Part Part Part Part | I II III IV V VI VII VIII IX X | -- -- -- -- -- -- -- -- -- -- |
|
“Auxiliary Services Staff” means officers appointed under the Act in connection with institutions established for medical treatment purposes or factories established for the purposes of manufacture or repair of artificial replacements and surgical appliances, and 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 excludes the Auxiliary Services administered therefrom;
“Chief Clerk” means the Chief Clerk at the branch Office appointed under the Act;
“Classification” means the arrangement of officers and positions in grades, and includes the allotment to officers and positions of salaries or limits, of salary according to the value of the work;
“Classified Officer” means an officer appointed under the Act to a classified position;
“Commission” means the Repatriation Commission appointed under the Act;
“Deputy-Commissioner” means a Deputy Commissioner of Repatriation appointed under the Act;
“Factory” means a Factory established for the purposes of manufacture or repair of artificial replacements and surgical appliances;
“General Orders” means General Orders issued by the Commission;
“Head-Quarters” means the Commission’s administrative office at the central administration;
“Institution” means an Institution established for the purposes of medical treatment and/or care;
“Officer” or “Employee” means an officer, or employee, appointed under the Act.
“Regulations” means regulations made and gazetted under the Act;
“Rulings” means rulings made and promulgated by the Commission;
“Secretary” means the officer appointed as Secretary of the Commission under the Act;
“Temporary Employee” means an employee appointed under the Act to a temporary position;
“The Act” means the Australian Soldiers’ Repatriation Act 1920-1922;
“The Department” means the Department of Repatriation.
Part II-Functions of Officers.
(2) Any power or authority vested in a Deputy-Commissioner by these Regulations shall be exercisable by the Commission.
(2) Any power or authority vested in a Deputy-Commissioner under these Regulations shall be exercisable by the Secretary of the Commission as regards the administration of the Head-Quarters staff.
(
a ) condone any breach of the Act, Regulations, rulings, or general orders, or any instructions, issued by the Commission; or(
b ) except in cases of cogency and urgency, in which event he shall report the matter to the Commission, vary any instructions from the Commission.
(
a ) unless otherwise directed by the Commission, each officer under his control is supplied with written instructions as to his duties, and that a copy of those instructions, signed by the officer concerned, is filed;(
b ) a copy of all instructions from the Commission is issued to each officer affected by them; and(
c ) an officer resuming duty after absence on leave or on official business shall acquaint himself with all new Regulations, rulings, general orders, or ether instructions issued during his absence.
(
a ) to create new offices in the Branch Office, Institutions, or Factory under his control;(
b ) to abolish any offices in the Branch Office, Institutions, or Factory under his control; and(
c ) to raise or lower the grade of any office, the duties of which have sufficiently changed.
(2) They shall report in writing to the Deputy-Commissioner -
(
a ) when they consider that a reduction of their staffs can be made through decrease in the volume of work or the rearrangement of duties; and(
b ) any breaches of the Act, Regulations, or other official instructions that come to their knowledge.
(3) Officers in charge of sections at Branch Offices shall cause each clerical officer in their sections to be supplied with written and signed detailed instructions as to his duties, and ensure that each clerical officer always has at hand an up-to-date copy of those instructions for his information and guidance. Copies of such instructions shall be retained by the officer in charge of the section and filed in his office.
(2) They shall report in writing to the officer-in-charge
(
a ) when they consider that a reduction of staff can be made in their sub-sections, through decrease in the volume of work or re-arrangement of duties; and(
b ) any breaches of the Act, Regulations, or other official instructions that come to their knowledge.
Part III Attendance and Duties of Officers.
(2) If any officer considers that he has grounds of complaint arising out of those instructions, or from any other cause whatsoever, he may appeal in regard thereto through his officer-in-charge, who shall forward the appeal forthwith through the prescribed channel to the Deputy Commissioner; but he shall, nevertheless, as far as possible, carry out any instructions which are given to him until they are countermanded by a competent authority.
(
a ) publicly comment on the administration of the Commission; or(
b ) use for any purpose, other than the discharge in their official duties, any information gained by or conveyed to them through their connection with the Commission.
(2) The Deputy-Commissioner shall immediately suspend from duty any officer charged with committing a breach of this Regulation.
(3) Officers shall sign a declaration of secrecy with regard to information received by them in their official capacity.
(2) Any officer who considers that his claim of consideration for promotion has been overlooked may communicate with the Commission in the manner prescribed by the next succeeding Regulation.
(2) The Deputy-Commissioner may give references or testimonials only in such cases where the services have been entirely satisfactory.
(3) Cases of doubt shall be forwarded to the Commission.
Provided that this Regulation shall not prevent the acceptance by an officer, with the permission in writing of the Deputy-Commissioner, of a public testimonial presented on retirement from the Commission’s service, or upon removal from the locality in which he has been employed, or a presentation from fellow-officers.
(2) The hours of attendance of officers at an Institution or factory shall be as laid down by the Commission and notified to Deputy-Commissioners from time to time:
Provided that, unless specially directed otherwise by the Commission, at least one day off duty in seven, inclusive of Saturday and Sunday, shall be granted.
(3) Where the nature of the duties of any officer or class of officers does not, in the public interest, permit of attendance as prescribed in sub-regulation (1) of this Regulation or as laid down by the Commission, the Deputy Commissioner may specify other hours of duty in departmental instructions, subject to the directions of the Commission.
(2) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorise that officer 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 business hours; or(
d ) records incorrectly the time of his arrival or departure,
(b)
it shall be the duty of the Chief Clerk or the officer in charge of an Institution or factory, as the case may be, to report the conduct of the officer to the Deputy-Commissioner as a breach of these Regulations.
(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 allowances) 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) Except in a case where special approval has been given by the Commission, an officer subpoenaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees receiver as a witness may be retained by the officer.
Part IV.-Appointments.
(
a ) Married persons who are Australian soldiers within the meaning of the Act, Regulations, or rulings, and who served abroad with satisfactory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-1918 for service outside Australia;(
b ) unmarried persons who are Australian soldiers within the meaning of the act, Regulations, or rulings, and who served abroad with satisfactory record in any Expeditionary Force raises under the provisions of the Defence Act 1903-1918 for service outside Australia;(
c ) widows of deceased members of any such Force who died on active service;(
d ) unmarried children of any such deceased members who were dependent on the earnings of those members at any time during the period of twelve months prior to their enlistment; and(
e ) widowed mothers of any such deceased members who were dependent on the earnings of those members at any time during the period of twelve months prior to their enlistment.
(2) The Deputy-Commissioner may, subject to the approval of the Commission, make an appointment to a classified position carrying salary up to and including £372 per annum from members of the staffs of the Branch Office, Institutions, or Factory under his control, or from persons registered for employment:
Provided that appointments to positions of Medical Officer, Secretary and Supply Officer, Matron, Supply Officer, Senior Sister, Manager, and Dispenser shall be made by the Commission.
(3) A vacancy in a classified position carrying a minimum salary of more than £372 per annum shall be notified by the Commission to the staffs at the various branch Offices, Institutions, and factories, through Deputy-Commissioners:
Provided that the Commission may at its discretion proceed to fill the vacancy without that notification.
(4) Applications for appointment to a classified position carrying salary of more than £572 per annum shall be forwarded to the Commission, endorsed by the Deputy-Commissioner concerned with any comment he thinks fit.
(5) Where a position calls for special knowledge and experience, and an officer in the Commission’s service is not available for appointment or is not capable of filling the position, or in case no suitable officer has applied for the vacant position, the Commission may direct that the position be advertised in newspapers or periodicals.
(2) Every female officer shall be deemed to have retired from the Commission’s service on her marriage, unless the Commission certifies that there are special circumstances which make her employment desirable.
(
a ) Officers employed under the Act who have not been engaged for any definite period of service shall hold office during the pleasure of the Commission; and(
b ) the Commission may at any time terminate the appointment of any officer without assigning any reason therefore.
Part V-Promotions and Transfers.
(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 removal may be effected without reduction in salary:
Provided that, unless otherwise directed by the Commission, he shall not be paid salary in excess of the maximum salary of the position to which he is transferred or promoted.
(3) The Commission may determine that any officer transferred or promoted with salary at or exceeding the minimum salary of the office to which he is transferred or promoted shall not be eligible for advancement in salary until a date to be fixed by the Commission.
(2) The circumstances of individual officers will receive due consideration, but while attention will be given to the objections of a personal private nature, it is to be understood that private considerations must give place to the interests of the service.
(3) Should any officer object to a change of station or work on the grounds that it will involve him in pecuniary loss, or that the change is not to a position of equal importance, he may apply through the Deputy-Commissioner for permission to decline the transfer. If the Commission finds that the objections are well founded, permission may be granted, without prejudice to the officer’s right, to future promotion or appointment. Provided that he shall have no grounds of appeal against loss of seniority should another officer be appointed to the position, and should the Commission determine that it is of higher status than the position occupied by the officer objecting to the transfer.
(2) Where it is necessary temporarily to transfer an officer of a lower grade to fill a higher position the most competent available officer shall be selected.
(2) If transferred on account of misconduct, the cost shall be borne by the officers in fault, unless otherwise determined by the Commission, prior to removal.
(3) Where officers are transferred –
(
a ) in the interests of the service;(
b ) to meet departmental convenience; or(
c ) in the ordinary course of promotion;
the actual cost of the conveyance of such officers; as well as that of their wives and children, shall be paid by the Commission.
Officer’s salary | Maximum amount allowed |
| £35 |
| £40 |
| £50 |
Provided that, where it is shown to the satisfaction of the Commission that removal cannot be effected for the amount prescribed above is the maximum; the Commission may authorize payment of a reasonable amount in excess of the maximum amount allowed.
(2) In providing for cost of removal; only necessary household furniture and effects shall be taken into consideration.
(3) Before removal is undertaken, the officer shall, wherever practicable, obtain offers from at least two carriers, and submit them to the Deputy-Commissioner, who may, subject to this Regulation, authorize the acceptance of the more suitable.
(4) Where an officer elects to dispose of his furniture and effects instead of removing them to his new station, the Deputy-Commissioner may authorize payment to the officer of an amount equal to the loss shown, to the satisfaction of the Deputy-Commissioner, 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 Commonwealth for losses or damage arising from removal.
(6) Furniture, where practicable, shall be removed by railway if the cost be not greater than other means of conveyance.
(7) No payment shall be admitted for the purpose 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 an 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.
Part VI - 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 by the Commission to exercise executive or professional function in the more important offices of the Commission’s service, and whose offices the Commission directs be included in that Division.
(3) The Third Division shall include all officers whose offices the Commission directs be included in that Division.
(4) The Fourth Division shall include all officers not included in the First, Second, or Third Division.
(2) The salaries of officers shall be as determined by the Commission and in accordance with the grades of positions provided for on the classification of staffs at Branch Offices, Institutions, and Factories.
(3) The commencing salaries of new appointees to classified positions shall be at the minimum of the grades of those particular positions.
(
(
Half time –
or
Single/ordinary time –
One and a half time –
Double time –
Provided that, in the cases of officers at Institutions the terms of whose appointments render it necessary as occasion may demand 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.
(i) In the case of officers under 21 years of age-by increase or decrease of £3 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(ii) In the case of adult female officers by increase or decrease of £4 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(iii) In the case of adult male officers receiving salary not exceeding £600 per annum - by increase or decrease of £6 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672;
Provided that no increase shall be granted which would raise the salary of any officer to an amount exceeding £600 per annum.
(iv) In the case of adult male officers receiving salary exceeding £600 per annum - by increase or decrease of £12 per annum in respect of each 48 points or portion thereof by which respectively the index number exceeds 1,744 or is less than 1,672.
(2) Any variation made in pursuance of the last preceding sub-regulation shall take effect on the 1st day of July next following the notification in the Government Gazette of the index number, and shall continue in force for a period of twelve months.
(2)
The right to receive an increment in any year shall depend upon the good
conduct, diligence and efficiency of the
officer and the period of attendance for duty during
that year
(3)
If, in the opinion of the Deputy-Commissioner, an officer is not
entitled to receive an increment from due date, the
Deputy-Commissioner shall forthwith notify the Commission of the circumstances,
and the Commission shall direct whether the increment be deferred, and if so
Part VII-Allowances and Overtime.
Salary |
| Allowance after two weeks’ residence in same place. | ||||||
Capital Cities. per day | Other Centres. per day. | Capital Cities. per week | Other Centres. per week. | |||||
| s. | d. | s. | d. | s . | d. | s. | d. |
14 15 17 19 22 25 30 | 6 6 6 6 0 0 0 | 12 13 14 16 18 21 25 | 0 6 6 6 6 0 0 | 42 48 60 72 84 96 | 0 0 0 0 0 0 (a) | 35 40 50 60 70 80
| 0 0 0 0 0 0 | |
(
a ) As may be approved from time to time by the Commission.
(2)
the hourly rate of travelling allowance shall be l/24thof the daily rate
or 1
(3) Where an allowance has been paid to an officer under this Regulation for eight weeks’ residence in one locality, the Deputy-Commissioner shall submit the case to the Commission for review.
(4) No such allowance shall, without the concurrence of the Commission, be continued beyond three months, and if, upon review, the Commission considers the amount excessive, it shall be discontinued or reduced to such amount as the Commission thinks fit.
(5) Unless specially approved by the Commission no allowance other than for expenses necessarily incurred shall be paid in any case where the officer is not required to be absent from his usual station over night.
(6) Where officers travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which the officers would otherwise be entitled shall be allowed.
(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 of travelling allowances, 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 allowances may be claimed shall be computed from time of departure to time of arrival of the train, steamer, or other conveyance by which officers travel.
(10) Where it is proved to the satisfaction of the Commission by any officer that the travelling allowance he would be entitled to draw under these Regulations does not cover his actual expenses, the Commission may authorize a payment in addition to that provided by these Regulations.
(11) Officers shall travel by railway unless the cost be not greater by other means of conveyance.
(12) Where an officer does not travel by railway, he shall be repaid the actual cost of the necessary and most economical means or conveyance upon furnishing receipts for the payments when they exceed five shillings.
(13) Where an officer stationed temporarily at any place and receiving a travelling allowance has to visit any other place, and thereby necessarily incurs extra personal expenses, he may be permitted to draw such additional allowance for the visit as the Commission directs.
Provided that an officer shall not be entitled to an allowance under this Regulation unless it is shown that the use of a motor truck, motor car or cycle results in greater efficiency and saving than would be the case were other means of conveyance employed.
Salary. | Allowance. | |
|
| d. |
| 0 | |
0 6 0 |
(2
Provided that the total sum per annum paid to any officer under this sub-regulation shall not exceed the amount by which the salary per annum of the officer falls short of £500.
(2) It shall be the duty of each officer who is in receipt of allowance under the provisions of this Regulation immediately to notify the Deputy-Commissioner in the event of his becoming ineligible under the prescribed conditions for the payment of allowance or any portion thereof.
(3) In this Regulation “salary” includes such allowances in the nature of salary as are determined by the Commission,
Provided that a classified 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 Sunday attendance 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 leave 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 his position or his services being terminated for any other reason, he shall receive payment at ordinary rates in respect of any weekly leave which has accumulated.
(2) An officer of the Auxiliary Services staff who is required to attend for duty at an Institution on a public holiday shall not be paid any additional salary or such attendance but he shall be granted the equivalent time off as soon as practicable 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 his position or his services being terminated for any other reason, he shall receive payment at ordinary rates in respect of any public holiday leave which has accumulated.
(2) the report shall specify the officer or officers to be employed and the probable duration of overtime, and the Deputy-Commissioner shall forward the matter to the Commission for consideration.
(3) In emergent cases the Deputy-Commissioner may authorize the working of overtime; but in such cases a report shall immediately be forwarded to the Commission for covering approval.
(4) At the end of each financial year, the Deputy-Commissioner shall furnish to the Commission a return showing overtime worked by each officer in each section of the Branch Office, Institution, or Factory during the year, the amount paid therefore, and the reasons requiring the overtime to be worked, in accordance with the conditions set out in sub-regulations (l), (2) and (3) of this regulation.
(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 hours of duty determined by the Commission, 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 1/- 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 authorised 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 can be claimed:-
(
a ) In the case of officers whose daily hours of duty are clearly defined by regulation, schedule, or otherwise, the deduction shall be the time which the officers would ordinarily have worked on those 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 authorised 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; or
(ii) For a half-day’s absence on authorised leave or for a public half-holiday -
The number of hours, from the commencement of the authorised 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 authorised 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 £450 per annum, messengers, and officers not working under close supervision or whose hours of duty cannot be definitely determined, such as Junior Resident Medical Officers, Supply Officers, Caretakers and Watchmen, shall not be entitled to claim overtime except in such cases as are specially approved by the Commission.
(2) Travelling time shall not be paid to any officer receiving salary in excess of £450 per annum.
(3) Travelling by sea shall not be regarded as travelling for the purpose of travelling time payment.
(4) Payment for travelling time shall not be made to any officer travelling by train between 10.30 p.m. and 7 a.m., if a sleeping berth is provided.
(5) The maximum amount payable in respect of travelling time shall be five hours’ pay in any one day (midnight to midnight) irrespective of the number of hours actually spent in travelling during the day.
(6) Where travelling time does not exceed half-an-hour in any one day, no payment shall be made, but if more than half-an-hour the whole period of travelling time, up to a maximum of five hours, shall be paid for.
(7) Travelling time shall be paid only in respect of the time actually spent in travelling by train, coach or other conveyance, and shall be calculated from time of departure of conveyance to time of arrival at destination.
(8) An officer entitled to travelling time shall be paid for time spent in travelling at a rate equal to his ordinary rate of pay, based on the maximum number of hours laid down for a fortnight’s work before overtime is payable.
Part VIII - Leave 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 immediately responsible for his duty, and the officer shall furnish, in the case of illness, such evidence as is prescribed, and in the case of emergency, such evidence as the Deputy-Commissioner considers necessary.
(2) The Deputy-Commissioner may make such arrangements as will allow each officer leave of absence annually for recreation, as provided in the last preceding sub-regulation; but if it is found impracticable to grant the leave when it falls due, the Deputy-Commissioner may, if possible, grant it later in the same year. The officer concerned will take his leave at the subsequent date so fixed, or the leave will lapse. If it be not practicable or expedient to grant leave in any year, the Deputy-Commissioner may permit the leave to be taken in the following year in addition to the leave for that year.
(3) A roster shall be prepared in accordance with which each officer shall take his leave. In preparing the roster the convenience of officers shall be met as far as practicable, and each officer in turn shall have the benefit of the more favoured portions of the year. At least a fortnight before the time specified in the roster, the officer concerned shall apply for leave.
(4) Leave not applied for shall lapse.
(5) Recreation leave for any year may not be taken in the year preceding that in which it falls due.
(6) Every application for leave of absence shall be made to the Deputy-Commissioner through the officer in charge of the Section of the branch Office, Institution, or Factory at which the applicant is employed. The officer in charge shall report as to the conduct of the applicant, and as to his compliance with Regulations, rulings, and general orders, and whether the leave may be granted without detriment to the work of the branch Office, Institution, or Factory, as the case may be.
(7) In any case in which an officer, since his last recreation leave, or, if the officer has not previously had recreation leave, since the date of his appointment, has been absent from duty for any cause (other than leave under these Regulations 44 and 81) 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.
Provided that no deduction shall be made in respect of absence for which leave has been granted -
(i) 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
(ii) under sub-regulation (13) of Regulation 85.
Where any such absence exceeds three months, the Commission may extend the period in respect of which no deduction shall be made.
(8) Officers granted recreation leave shall not be entitled to claim leave for any other purpose during the currency of that leave.
(9) No officer shall be granted recreation leave until he has completed at least twelve months’ continuous service.
(10) Recreation leave shall not be granted on the voluntary resignation of a classified officer or on the termination of his appointment on account of unsatisfactory service.
(11) Where the leave has been deferred to suit departmental convenience, and where the services of the classified officer are not further required owing to reduction of staff, the officer shall be granted an amount equivalent to the pay for the period of leave deferred, provided the services have been satisfactory.
(12) For the purpose of calculating leave due to officers transferred from other Departments, continuous service in any Commonwealth or State Government Department shall be considered service with the Repatriation Commission.
(13) In no case shall an officer be allowed to accumulate more than six weeks’ recreation leave.
(14) Except in special circumstances, recreation leave shall not be taken within a period of six months of previous leave.
(15) For the purpose of calculating recreation leave due to classified officers promoted from the temporary staff, the period of temporary employment may be reckoned as service on the classified staff, provided the employment has been continuous.
(16) Leave of absence with pay for recreation shall not be granted to any part-time classified officer or part-time temporary employee.
(2) All such periods of leave shall be properly recorded, and, at the direction of the Deputy-Commissioner, may be deducted from the next 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) Leave of absence granted in pursuance of the last preceding sub-regulation may, at the option of the officer, be deducted from recreation leave due, and, in respect of the period so deducted, shall be granted with full pay. If not so deducted, it shall be granted without pay unless the amount of pay which the officer would have received if he had been on duty exceeds the amount of pay, excluding pay for Sundays and holidays, received as a member of the Naval or Military Citizen Forces, in which case he shall be paid the difference.
(3) Leave of absence with full pay may be granted by the Deputy-Commissioner -
(i) To officers who are Senior Cadets to perform the training required by section 117 of the Defence Act 1903-1918 which the officers are required to perform within ordinary hours of duty; and
(ii) To officers who are serving voluntarily in cadet units for the purpose of attending cadet training, on the production of evidence to the Deputy-Commissioner that attendance is necessary, and that the officers are duly enrolled members of those units.
(4) Sub-regulations (1), (2), and (3) of this Regulation shall apply to temporary employees;
Provided that where the employee’s services are not further required, leave shall only be granted to the date on which he would ordinarily have ceased duty,
(5) Leave of absence shall not be granted under this Regulation in respect of any period of training required of an officer for failure to become efficient as a trainee, or while he is undergoing, as a trainee, detention or training for an offence.
(2) An application by an officer for special leave without pay for a period exceeding twelve working days shall be forwarded to the Commission for consideration, and, if approval be given, for determination as to whether the leave shall or shall not be included as part of the officer’s period of service.
(2) The duties of an officer absent from an Institution or Factory shall be performed, 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.
(2) For the purpose of calculating sick leave due to officers transferred from other Departments, continuous service in any Commonwealth or State Government Department shall be considered service with the Repatriation Commission.
(3) The Deputy-Commissioner, in cases of sickness or ill-health, may, on the production of satisfactory medical evidence, grant classified officers leave, not exceeding three months, in accordance with the following schedule :-
Length of Service. |
| |
Full Pay. | Half Pay. | |
|
|
|
Provided that, except where illness is due to war service, sick leave with pay shall not be granted until a classified officer has satisfactorily served for a period of six months. Where illness is due to war service, sick leave may be granted to a classified officer who has served for a period of not less than twenty-six working days:
Provided further that no application for extended sick leave under this sub-regulation shall be granted unless a departmental Medical Officer can certify that, in all probability, the classified officer will be able to resume duty within six months from the date of commencement of the current period of sick leave. In cases where a departmental Medical Officer cannot so certify, they shall be referred to the Commission for decision.
(4) Where in the case of illness a classified officer who has received leave of absence for three months is not so far recovered as to be able to resume his duties, the case shall be immediately submitted to the Commission for decision as to whether an extension of leave in accordance with the following scale should or should not be granted:-
Length of Service. | Period for which leave may be granted | ||
Half Fay. | One-third Pay. | Without Pay. | |
| 1 month 3 months 6 months | 6 months 6 months 3 months | 8 months 6 months 6 months |
Provided that on each extension of leave the applicant shall be subjected to examination by a departmental Medical Officer.
(5) In submitting applications under the last preceding sub-regulation the Deputy-Commissioner shall submit full information of leave granted under sub-regulation (3) of this Regulation, together with the certificate of a departmental Medical Officer, stating particularly as to the probability of the classified officer being able to resume duty within a further period of three months.
(6) If a classified officer has been absent from duty on account of illness for an extended period, he shall not be permitted to resume duty unless and until a departmental Medical Officer has certified that his condition of health will permit him to carry out his duties satisfactorily, and that the resumption will not endanger the health of his fellow officers nor be prejudicial to that of himself.
(7) Sick leave may be granted to a classified officer in one or more periods, but the aggregate amount of leave provided for in sub-regulations (3) and (4) of this Regulation is Intended to cover a period of three years, dating from the first absence on sick leave with full pay.
(8) The second or any subsequent triennial period shall commence on the date of first absence on sick leave with full pay following the date upon which the previous triennial period expired, and for the three years thus commencing the full amount of time provided in sub-regulations (3) and (4) if this Regulation, according to length of service, may again be allowed.
(9) An officer shall submit himself to medical examination when required to do so by a departmental Medical Officer.
(10) Leave of absence in case of illness shall not be reckoned as, or included in, leave of absence for recreation.
(11) No leave shall be granted with pay on account of sickness or ill-health caused by the misconduct of the officer or in any case of absence from duty without sufficient cause, and, to satisfy himself on these points, the Deputy-Commissioner may arrange with a departmental Medical Officer to visit and examine the officer, or may require the officer to attend a departmental Medical Officer for examination.
(12) Sick leave with pay shall not be granted to any part-time classified officer or part-time temporary employee.
(13) Notwithstanding anything contained in this Regulation, where a classified officer sustains physical injury while on duty, or in circumstances in which the action of the officer is regarded by the Deputy-Commissioner as being so meritorious in the public interests as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of such injury which may be granted to that officer and the conditions under which the leave may be granted.
First day of January,
twenty-sixth day of January,
Christmas Day and the following day,
Good Friday and the following Saturday and Monday,
the anniversary of the birthday of the Soverign,
the twenty-fifth day of April, and
any day proclaimed by the Governor-General or required by any Act to be observed in lieu of the said days.
(2) Whenever any of the said days, except the twenty-fifth day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in the Commission’s service in lieu of such Sunday.
(3) In addition to the days mentioned in sub-regulation (1) of this Regulation, there may be observed as public holidays or half-holidays in the Commission’s service such additional days or half-days, not exceeding in the whole four days in any one calendar year, as are authorized by the Commission and notified to Deputy-Commissioners from time to time.
(4) The rate paid for public holidays occurring during absence on leave shall be the same as that allowed for the period of leave in which the holiday occurs.
Part IX-Miscellaneous.
(2) Seniority of clerical officers shall be determined according to grade of position and date of entrance into the subdivision of that grade.0
(3) The seniority of officers other than clerical officers shall be determined as follows:-
(
a ) In cases where officers are occupying positions similarly designated, by salary paid, and date of commencement of receipt of the salary; and(
b ) in cases where officers are occupying positions differently designated by the Commission, having regard to the relative value of positions, length of service therein, and such other factors therein as the Commission deems it necessary to consider in order to equitably determine the seniority.
Provided that in special circumstances the Commission may allow first class fare to any officer:
Provided further that first class fares shall be allowed -
(
a ) to officers travelling by steamer on the Queensland or Western Australian coast;(
b ) to officers travelling by railway-(i) north of 22 degrees south latitude; or
(ii) in tropical climates on journeys exceeding ten hours in duration, or on journeys of any duration if accompanied by wife and family; and
(
c ) to female officers.
(2) The officer shall apply, as soon as he may legally do so, to a court of Bankruptcy of Insolvency 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 or Insolvency, an officer shall submit such certificate to the Deputy-Commissioner.
(
a ) willfully disobeys or disregards any lawful order made or given by any officer having authority to make or give the order; or(
b ) is negligent or careless in the discharge of his duties or(
c ) is inefficient or incompetent through causes which appear to be within his own control; or(
d ) uses intoxicating liquors or drugs to excess; or(
e ) is guilty of any disgraceful or improper conduct, either in his official capacity or otherwise; or(
f ) commits any breach of these Regulations; or(
g ) having made or subscribed an oath or affirmation in accordance with the provision of Regulation 93 of these Regulations, does or says anything in violation of that oath or affirmation.
shall be guilty of an offence, and shall be liable to such punishment as the Commission directs.
(2) If the Deputy-Commissioner has any reason to believe that an officer has committed a miner offence, he may call upon the officer for an explanation of the alleged offence, and if, on consideration of the explanation, he is of the opinion that the offence has been committed, he may caution or reprimand the offending officer. All such cases shall be forwarded to the Commission for confirmation.
(3) Where there is reason to believe that an officer has committed an offence, other than a minor offence -
(
a ) the officer may be charged by the Deputy-Commissioner,and may, if it is considered that the charge is or such a serious nature that the charged officer should not continue in the performance of his duty, be suspended by the Deputy-Commissioner;(
b ) suspension may be effected prior to or at the time of or subsequent to, the laying of the charge, and may be removed at any time by the Commission pending determination of the charge, or, in any case where the charge has not been sustained, immediately upon a finding to that effect;(
c ) the officer shall be furnished immediately with a copy of the charge, and shall be required forthwith to state in writing whether he admits or denies the truth of the charge, and shall be allowed to give any written explanation in regard thereto. If a reply is not made by the officer within seven days of his receipt of the charge, the officer shall be deemed to deny the truth of the charge;(
d ) the Deputy-Commissioner shall forward the explanation, together with his report and his recommendation, to the Commission;(
e ) where an officer is suspended for an offence and the charge has been found by the Commission to be not proven, full pay for the period of suspension shall be allowed; and(
f ) where the offence is admitted or proved and the Commission decides to dismiss the officer concerned, no payment shall, unless with the express authority of the Commission, be made for any portion of the period of suspension, and the dismissal shall take effect as from the rate of suspension; but where the Commission decides to impose a penalty, other than dismissal, the officer may be deprived of pay for the whole or any portion of the period of suspension, provided that where the Commission decides to reduce the offending officer to a lower grade and salary, payment for the period of suspension may, at the discretion of the Commission, be at the reduced rate;
(4) Where an officer is suspended and charged with having committed any criminal offence against the law of the Commonwealth or of any State, punishable either on indictment or on summary conviction, the Commission shall decide whether the officer is to be dismissed from the service or, otherwise and whether, if he is reinstated, the officer is to receive any payment of salary for the period from the date of suspension to the date of resuming duty.
Part X-Temporary Employees.
(2) No appointment shall be made without careful medical examination by a departmental Medical Officer and a certificate being furnished that the applicant is not suffering from or pre-disposed to an infectious or contagious disease, or from a disability which is likely to be aggravated by the nature of his duties.
Provided that in any case in which an employee in the twelve months preceding the date on which the recreation leave accrues has been absent on approved leave (other than leave under Regulation 81 and 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.
(3) Recreation leave shall not be granted on the resignation of a temporary employee or on the termination of his appointment on account of unsatisfactory service.
(4) Where the leave has been deferred, and if it is not possible to grant leave before termination of appointment; or if on the completion of twelve months service the services of the temporary employee are not further required owing to reduction of staff, the temporary employee shall be granted an amount equivalent to the pay for the period of leave deferred, provided the services have been satisfactory.
(5) For the purpose of determining eligibility for leave under sub-regulation (1) of this Regulation, any discontinuance of employment for any period not exceeding six working days shall not be regarded as a break in the continuity of employment if such discontinuance was entirely due to the requirements of the Department. Additional time equal to the total period of such discontinuance shall, however, be worked before the temporary employee may be regarded as having completed twelve months’ continuous 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, subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions; 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 leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and twenty-four days without pay:
Provided that where satisfactory medical evidence is produced that the illness originates from active service, the Commission may determine the conditions under which leave shall be granted.
(2) 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 and, if the leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions;(
b ) during the first twelve months of continuous service the leave granted shall not exceed twenty-four days and shall be without pay; and(
c ) after completion of twelve months continuous employment 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 pay shall be granted in any twelve months.
(3) 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 Deputy-Commissioner as being so meritorious in the public interests as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of such injury which may be granted to that employee and the conditions under which the leave may be granted.
0
0
0