Supply and Development (Factories) Regulations (Cth)

STATUTORY RULES.

1939. No. 98.

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939 *

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 Supply and Development Act 1939.

Dated this twenty first day of September, 1939.

(SGD.) GOWRIE,

Governor-General.

By His Excellency’s Command,

Minister of State for Supply and Development.

 

SUPPLY AND DEVELOPMENT (FACTORIES) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Supply and Development (Factories) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the first day of July, 1939.

Suspension of Munitions Supply Regulations.

3. The Munitions Supply Regulations (Statutory Rules 1936, No. 112, as amended by Statutory Rules 1936, No. 153, and 1937, No. 46) shall not have effect in relation to any matter dealt with by these Regulations during the continuance in operation of these Regulations.

Parts.

4. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Powers and Duties of Manager and

Accountant.

Part III.—Engagement of Employees.

Part IV.—Attendance and Hours of Duty.

Part V.—Duties and Conduct of Officers and

Employees.

Part VI.—Leave of Absence and Holidays.

Part VII.—Overtime.

Part VIII.—Travelling and Removal Allowances.

Part IX.—Miscellaneous.

 

* Notified in the Commonwealth Gazette on , 1939

3608.—8/6.9.1939.—Price 8d.

Definitions.

5. In these Regulations, unless the contrary intention appears—

“employee” means a person, engaged by a manager, who is employed, or deemed to have been engaged in pursuance of the Act, in a factory;

“factory” means a munitions factory, and includes any establishment, building, laboratory or work established or deemed to have been established under the Act, and (subject to regulation 6 of these Regulations) a factory established in pursuance of Part III. of the Act for the manufacture or assembly of aircraft or parts of aircraft;

“foreman” means a person appointed to be a foreman of a factory who is employed, or deemed to have been engaged, in pursuance of the Act, in a permanent capacity;

“General Manager” means the General Manager of Aircraft Construction appointed in pursuance of the Act;

“officer” means a person appointed as an officer under the Commonwealth Public Service Act 1922-1937, or a person who is employed or deemed to have been engaged in pursuance of the Act in a permanent capacity, on the staff of a factory;

“returned soldier” means any person who enlisted prior to the eleventh day of November, One thousand nine hundred and eighteen, and served in the war with satisfactory record in any expeditionary force raised under the provisions of the Defence Act 1903-1918, and includes—

(a) a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia during the war;

(b) any member of the Naval Forces of the Commonwealth who has during the war been on active service outside Australia or on a ship of war;

(c) any person who, during the war, has been employed as a radio telegraphist in the transport service in connexion with any such expeditionary force, and who, while so employed, served in the zone of war; and

(d) any person who was born in Australia, or resident in Australia within six months prior to enlistment, and who, at any time during the war, served with satisfactory record in a Naval or Military Expeditionary Force raised in the United Kingdom or in any British dominion;

“the Accountant” means the officer holding the appointment of Accountant of a factory;

“the Act” means the Supply and Development Act 1939 and, if that Act is at any time amended, includes the Act as so amended;

“the Board” means the Factory Board constituted under the Supply and Development (Administration) Regulations;

“the Manager” means the manager, superintendent or chief inspector of a factory, that is to say, any officer appointed to take charge of a factory;

“the Secretary” or “the Secretary of the Department” means the Secretary of the Department of Supply and Development.

Application of Regulations to aircraft factories.

6. These Regulations shall apply to any factory established in pursuance of Part III. of the Act for the manufacture or assembly of aircraft or parts of aircraft, but for the purposes of such application any reference to the Board shall be read as a reference to the General Manager.

Application of Regulations to officers.

7. The provisions of these Regulations, except such as are specifically expressed so to apply, shall not apply to officers and foremen, the conditions of whose employment are prescribed by the Commonwealth Public Service Act 1922-1937 and the regulations made thereunder, or by the Supply and Development (Staff) Regulations, as the case may be.

Part II.—Powers and Duties of Manager and Accountant.

Employment of Managers and temporary Managers.

8.—(1.) The conditions of employment of Managers are prescribed by the Supply and Development (Staff) Regulations.

(2.) When a vacancy occurs in an office of Manager, the Secretary may invite a recommendation or suggestion from the Board as to whether the vacancy should be filled by the appointment of any person or by the transfer or promotion of an officer in accordance with the Supply and Development (Staff) Regulations.

(3.) If the Board considers it expedient or desirable that a person should be engaged temporarily as a Manager, the Board may recommend to the Minister, through the Secretary, that action be taken in regard thereto in accordance with regulation 126 of the Supply and Development (Staff ) Regulations.

Responsibility of Manager.

9. The Manager shall, subject to the control and direction of the Board, be responsible for the efficient, safe and economical working of the factory under his charge.

Functions of Manager.

10.—(1.) The Manager shall have authority in relation to the factory under his charge—

(a) to incur expenditure within such limits as is approved by the Board for supplies or services in connexion with the maintenance and operation of the factory;

(b) to approve of expenditure for any additions or repairs to the premises or plant of the factory where the cost does not exceed One hundred pounds;

(c) to engage or discharge employees;

(d) within the limits approved by the Board, to fix weekly daily, hourly, or piece-work rates of wages of employees; and

(e) subject to these Regulations and the approval of the Board to make rules for the conduct of the factory under his charge.

(2.) Before the Manager authorizes any expenditure of money, he shall first satisfy himself that funds are available.

(3.) If the Manager considers that additions or repairs to the premises or plant of a factory are necessary and the estimated cost of the additions or repairs exceeds One hundred pounds, he shall submit a proposal for the expenditure, together with a certificate that funds are available, to the Board for approval.

Exercise by Board of functions of Manager.

11. Any power or function which by these Regulations is conferred on the Manager in relation to any factory or any person employed in a factory may also be exercised or performed by the Board.

Annual report.

12. The Manager shall, in July of each year, submit to the Board a report on the working of the factory under his charge, together with a statement of accounts and balance-sheet.

Duties of Accountant.

13. The Accountant shall, subject to the direction of the Manager, be responsible for—

(a) the correct keeping of the accounts of the factory and for the receipts and disbursements of public moneys in accordance with the Treasury Regulations;

(b) the direction and supervision of the clerical staff of the factory; and

(c) such action as is necessary to ensure that no arrears occur in the work of the office and that the accounts are posted up daily, so that they may at all times be ready for examination.

Part III.—Engagement of Employees.

Engagement and termination of employment.

14.—(1.) All employees shall be engaged by the day as temporary hands, and their engagement shall be terminable, without notice on either side, provided that an employee leaving or being discharged for any reason other than breach of regulations or rules shall give, or be entitled to receive, as the case may be, one week’s notice of termination of employment.

(2.) Employment as a temporary hand shall not establish a claim to permanent employment on the ground of length of service.

(3.) Any employee discharged before the hour of 5 p.m. shall be entitled to receive, on the same day, all wages due to him, provided that he has returned all Government property in his possession. If his discharge takes place after 5 p.m., he shall be paid as early as practicable after 9 a.m. on the following working day.

Employment of returned soldiers.

15.—(1.) Notwithstanding anything contained in these Regulations, a returned soldier whose name is enrolled for temporary employment shall, if competent for the work required, be considered for temporary employment in priority to any person who is not a returned soldier.

(2.) Where the employment of a returned soldier has been terminated owing to temporary assistance not being further required, he shall be eligible for further temporary employment at any time after the termination of his previous temporary employment.

Discharge of employees on attaining the age of 65 years.

16. An employee shall be discharged on his attaining the age of 65 years, provided that the Board may, in exceptional circumstances, permit the employee to continue in employment for a fixed time not exceeding twelve months.

Limitation of liability.

17. Where a payment has been made which purports to be a payment of the wages payable to the employee for any period, the Commonwealth shall not be liable to pay the employee any further sums prescribed in any award or determination in respect of any services rendered to the Commonwealth during such period unless within a period of three months after the last day of such period a demand in writing has been given to the Manager by the employee, or some person on his behalf, or by the local representative of the claimant organization, and if the claim is not admitted by the Manager, unless proceedings to recover the amount claimed are taken within six months after the date of the claim.

Part IV.—Attendance and Hours of Duty.

Hours of duty,

18.—(1.) Except where otherwise determined by the Minister on the recommendation of the Board, forty-eight hours shall constitute a week’s work in a factory, and shall be worked on six days of the week, Monday to Saturday inclusive, eight and three-quarter hours on Monday to Friday inclusive, and four and a quarter hours on Saturday, such hours to be worked between 7 a.m. to 5.30 p.m. on Mondays, to Fridays inclusive, and 7 a.m. to 12.30 p.m. on Saturdays.

(2.) If the Minister so determines on the recommendation of the Board, shifts may be worked, and in such cases the hours for any one shift shall not exceed eight and three-quarter hours.

Attendance.

19.—(1.) Employees shall record their time of entering or leaving the factory in such manner as the Manager determines.

(2.) Any employee failing to record his time on entering or leaving, and any employee discovered recording the time of any other employee, shall be deemed to have committed a breach of these Regulations,

Late attendance.

20. Any employee who arrives at his work after the time fixed for commencing duty shall forfeit pay for such period as the Manager determines.

Absence from duty.

21.—(1.) An employee shall not absent himself from his work during working hours except by express permission of the Manager, unless he is on authorized leave or reasonable cause is shown.

(2.) If an employee is prevented by illness or other emergency from attending for duty, he shall immediately report the fact through the head of the branch to the Manager, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the Manager considers necessary.

Absence without leave.

22. Where an employee is absent without leave and fails to show reasonable cause for his absence, he shall forfeit his pay for each day or part of a day of such absence.

Part V.—Duties and Conduct of Officers and Employees.

Acquaintance with Regulations.

23. All officers, foremen, and employees shall acquaint themselves with the provisions of these Regulations.

Subordination of employees.

24.—(1.) An employee shall obey promptly all instructions given to him by the officer, foreman, or employee under whose immediate control or supervision he is placed.

(2.) If an employee considers he has ground for complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Manager; but until such instructions are countermanded by competent authority, he shall, as far as possible, carry out the instructions given to him.

Obligations of senior employees.

25. An employee in charge of any sub-department, branch, or minor division of a factory shall be responsible for the maintenance of good order, and shall afford the utmost aid and support to the Manager.

Breach of regulations to be reported.

26. An employee in charge of any sub-department, branch, or minor division of a factory shall report to the Manager any breaches of these Regulations which come to his knowledge.

Insobriety.

27. Any employee in charge or sub-charge who observes at any time that any person under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, shall suspend such person from duty, and immediately report the matter to the Manager.

Performance of duties.

28. An employee shall promptly and correctly carry out all duties allotted to him by competent authority, and shall in due course and at proper times comply with and give effect to all regulations and instructions made or issued by competent authority for his guidance in the performance of his duties.

Information not to be given.

29. Except in the course of his official duty, or at the express direction or with the permission of the Manager, an employee shall not, directly or indirectly, divulge any information concerning the business of the Department or any factory or any matter which has come to his knowledge through his employment.

Applications for patents, &c.

30.—(1.) An officer, foreman or employee shall not, unless the permission in writing of the Minister has first been obtained, have any right in or apply for or obtain, directly or indirectly, whether in his own name or in the name of any other person or company, any patent (provisional or otherwise) relating to or connected with any matter in which the Commonwealth is concerned or any work which has been or is being carried out by the Commonwealth.

(2.) Any officer, foreman or employee who commits a breach of this regulation shall be liable to dismissal.

Outside influence.

31. An employee shall not seek the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any employee who considers that his claim for promotion or consideration has been overlooked may communicate with the Board in the manner prescribed by regulation 36 of these Regulations.

Performance of work outside Government service.

32.—(1.) An employee shall not, except with the express permission of the Secretary, after report by the Board—

(a) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation; or

(b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether carried on by a corporation, company, firm, or individual; or

(c) engage in or undertake any such business, whether as principal or agent; or

(d) engage or continue in the private practice of any profession, occupation, or trade, or enter into any employment, whether remunerative or not, with any person, company, or firm who or which is so engaged; or

(e) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or

(f) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him, either in or out of office hours, in connexion with the Government Service:

Provided that nothing contained in this regulation shall be deemed to prevent an employee from becoming a member or shareholder only of any incorporated company, or of any company or society of persons registered under any Act in any State or elsewhere, unconnected with the manufacture or assembly of munitions or aircraft, but an employee shall not take part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.

(2.) An application by an employee for permission to engage in the performance of work outside the Government Service shall be made to the Manager, who shall forward the application, with his report, to the Board.

Public property.

33. An employee shall be held responsible for the careful use and preservation of all Government property in his possession, custody, or care. If any employee damages or defaces buildings or walls, or damages or defaces or loses machines, tools, material, or any other property of the Government, the Manager may direct that the cost of making good the damage shall be deducted from the employee's salary or wages.

Borrowing or lending money.

34. Any monetary transaction between employees either as principals or agents whereby any interest or other return in money or kind is charged or paid or money is borrowed by a senior employee from his subordinate is forbidden.

Liability on behalf of the Government not to be incurred.

35. No person, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.

Applications—How to be made.

36. The application of an employee upon any matter affecting his position shall be made by the applicant through the head of his branch to the Manager. Where in exceptional cases an employee desires to communicate with the Board, the communication must be so addressed, and shall be forwarded through the Manager to the Board with any remarks considered necessary by the Manager.

Part VI.—Leave of Absence and Holidays.

Recreation leave.

37.—(1.) In each year the Manager may grant two working weeks’ leave of absence on full pay (exclusive of Sundays and holidays) to an employee who has been continuously employed for twelve months prior to application.

(2.) An employee who leaves of his own accord or who is discharged through no fault of his own shall be entitled to receive payment for any recreation leave for which he is eligible under sub-regulation (1.) of this regulation.

(3.) An employee who is absent without leave on the day before or after recreation leave shall not receive pay for such recreation leave.

Leave for defense purposes.

38.—(1.) An employee who is a member of the Defence Force shall be granted by the Manager leave of absence with full pay for the purpose of attending training camps, drills, parades, schools, classes or courses of instruction in which his unit is participating:

Provided that evidence of the necessity for such attendance shall be submitted with an employee’s application, and, at the conclusion of the training camp, drill, parade, school, class, or course of instruction, the employee shall produce to the Manager a certificate of attendance thereat:

Provided also that if it would not be in the public interest to grant leave of absence under this regulation to an employee for the purpose of attending a training camp, drill, parade, school, class or course of instruction of his own unit, the Manager may grant in lieu leave of absence as prescribed in this regulation for the purpose of attending an equivalent training camp, drill, parade, school, class or course of instruction of another unit.

(2.) Leave of absence granted under this regulation shall not be deducted from recreation leave.

(3.) An employee who, while undergoing the training referred to in this regulation, sustains injury or contracts illness necessitating his absence from duty beyond the period of leave with full pay granted under this regulation may be granted leave on the following terms:—

(a) If compensation is not paid to the employee by the Defence Force in respect to such absence, the leave may be granted as sick leave.

(b) If compensation is paid, and is equal to or exceeds the amount of remuneration which the employee would have received had he been granted sick leave, the leave shall be granted without pay.

(c) If compensation is paid, and is less than the amount of remuneration which the employee would have received had he been granted sick leave, he shall be paid the difference, and his sick leave credit shall be reduced as if he had been granted sick leave with pay corresponding to the amount of the difference:

Provided that, where the employee’s services are not further required, leave shall be granted only to the date on which he would have ordinarily ceased duty.

Employees called as witnesses.

39.—(1.) An employee who is subpoenaed or called as a witness shall promptly notify the Manager.

(2.) An employee 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 employee is required to travel he may be allowed his ordinary travelling allowance.

(3.) An employee who is subpoenaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be engaged 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 into the Consolidated Revenue.

(4.) An employee who is subpoenaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the employee.

Leave of absence for illness or injury.

40.—(1.) Sick leave shall be granted to employees in accordance with the scale contained in the appropriate Award, Determination, or Agreement.

(2.) Applications for leave of absence on the ground of illness, or due to any injury sustained in the discharge of duty shall be supported by the certificate of a duly qualified medical practitioner; otherwise sick leave shall be without pay:

Provided that the Manager 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.

(3.) Leave of absence in case of injury shall not be reckoned as nor included in leave of absence for recreation.

Injury sustained in the discharge of duty.

41. An employee who sustains an injury in the discharge of his duty shall report the injury at the time of its occurrence to an officer or foreman. The failure of an employee to report an injury at the time of its occurrence, if he is able to do so, shall be regarded as evidence that he does not claim to have been injured in the discharge of his duty.

Certificate as to fitness to resume work.

42. If an employee is absent from duty on account of injury, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until a medical practitioner approved by the Board has certified that he is fit to resume work.

Illness or injury caused through misconduct.

43.—(1.) If an employee suffers illness or injury caused through his own misconduct, he shall not be granted leave with pay in respect of any period of absence from duty on account of the illness or injury.

(2.) If the Manager has occasion for doubt as to the cause of the illness or injury or the reason for the absence, he may instruct a medical practitioner, approved by the Board, to visit and examine the employee, or may direct the employee to attend on the medical practitioner for examination.

Payment for holidays during leave.

44. The rate paid to an employee for public holidays during his absence on sick leave shall be the same as that allowed for the period of leave in which the holiday occurs.

Health of employee affected by toxic substances.

45. An employee who is reported by a Commonwealth Medical Officer to need recuperative treatment owing to general debility arising out of contact on duty with toxic substances employed in connexion with the work of the factory in which he is engaged may be granted special leave of absence and such medical expenses as the Secretary deems reasonable in the circumstances of the case.

Prescribed holidays.

46.—(1.) The following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays on full pay, namely:—

the first day of January,

the twenty-sixth day of January,

Christmas Day and the following day,

Good Friday and the following Saturday and Monday,

the twenty-fifth day of April,

the anniversary of the birthday of the Sovereign, and

any day proclaimed by the Governor-General or required by any Act to be observed in lieu of any 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 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, such additional days or half-days, not exceeding, in the whole, four days in any one calendar year, as are authorized by the Minister.

(4.) In addition to the days hereinbefore mentioned in this regulation, any specified day or half-day proclaimed by the Governor-General as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof shall be observed as a holiday or half-holiday in the locality in respect of which the holiday or half-holiday is proclaimed.

(5.) The Board may require a factory or any part thereof to be kept open in the public interest for the whole or any portion of a holiday observed in pursuance of sub-regulation (1.), (2.), (3.), or (4.) of this regulation, and may require the attendance and services of any employee during the whole or any portion of that holiday, but in that case the employee shall be granted an additional day’s salary or proportion thereof, as the case may be, provided that no proportion shall be less than one half-day’s salary.

(6.) An employee absent without leave on the day before or after a holiday shall not receive pay for such holiday.

Closing of factory.

47. In each year, at such time as the Board approves, a factory may be closed down for a period of two weeks, provided that the Board may require a factory or any part thereof to be kept open in the public interest for the whole or any portion of such period, and may require the attendance and services of any employee during any such period.

Furlough.

48.—(1.) An employee who commenced employment in a factory prior to the first day of November, 1923, shall have the same rights to furlough, leave of absence, or pay in lieu thereof as an officer of the Commonwealth Service has under the provisions of sections seventy-three and seventy-four of the Commonwealth Public Service Act 1922-1934 as if his employment under the regulations relating to Government Factories (Statutory Rules 1915, No. 141) and/or the Munitions Supply Regulations 1923 (Statutory Rules 1923, No. 179) and Munitions Supply Regulations 1926 (Statutory Rules 1926, No. 210) were service within the meaning of that Act.

(2.) The power to grant furlough, leave of absence, or pay in lieu thereof under this regulation shall be exercised by the Minister.

Part VII.—Overtime.

Overtime.

49.—(1.) For time worked in excess of eight and three-quarter hours on any of the five days, Monday to Friday, or four and a quarter hours on Saturday, an employee shall be paid at the rate of time and a half for four hours, and at double rates thereafter.

(2.) Except as provided by sub-regulations (3.) and (4.) of this regulation, an employee shall be paid at double rates for all times worked on Sundays or holidays.

(3.) Guards shall be paid at the rate of time and a half for time worked on Sunday when the duty forms part of the regular week’s work.

(4.) Watchmen shall be paid at the rate of time and a half for time worked outside the hours fixed for watchmen.

Part VIII.—Travelling and Removal Allowances.

Travelling allowance.

50.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowance for all employees:—

Allowance—Capital Cities.			Allowance—Other than Capital Cities.			Hourly Rate.
First Fourteen Days’ Residence.	After Fourteen Days’ Residence.		First Fourteen Days’ Residence.	After Fourteen Days’ Residence.
	Married Employee.	Unmarried Employee.		Married Employee.	Unmarried Employee.
Per Day. s.d. 12 0	Per Week. s.d. 42 0	Per Week. s.d. 30 0	Per Day. s.d. 10 6	Per Week. s.d. 35 0	Per Week. s.d. 25 0	l/24th of daily rate or l/168th of weekly rate.

(2.) Where an allowance has been paid to an employee under this regulation for eight weeks’ residence in one locality, the Manager shall submit the case to the Board for review. No such allowance shall be continued beyond three months without the concurrence of the Board, and if, upon review, the Board considers the amount excessive, it shall be discontinued or reduced to such amount as the Board thinks fit.

(3.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an employee is not required to be absent from his head-quarters overnight.

Allowances payable where employees travel by steamer or railway.

51.—(1.) When an employee travels by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which otherwise he would be entitled shall be allowed.

(2.) Where an employee is provided with subsistence and lodging, the Board 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.

(3.) Where an employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Board 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, or by more than two-thirds where subsistence only is provided.

Allowance to be in addition to cost of conveyance.

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

Provided that in the case of an employee travelling on permanent transfer to whom the provisions of regulation 57 are applicable the period shall be computed to the time of his arrival at the place to which he has been transferred.

Definition of married officer.

53. For the purpose of payment of travelling allowance, a “married employee” shall be deemed to include any unmarried employee or widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Board, justify his inclusion.

Increased or decreased travelling allowance.

54. Upon proof to the satisfaction of the Board that the travelling allowance payable to an employee under these Regulations is either insufficient to cover, or in excess of, expenses reasonably incurred, the Board may vary the allowance.

Mode of travelling—railway travelling.

55.—(1.) Employees shall travel by railway if the cost be not greater than by other means of conveyance.

(2.) Whenever an employee does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance:

Provided that the employee shall furnish receipts for any payment which exceeds Five shillings.

Fares.

56. Second class fares shall be allowed employees the maximum salary of whose positions does not exceed £336 per annum, and in other cases first-class fares shall be allowed:

Provided that in special circumstances the Board may allow first-class fares to any employees:

Provided further that first-class fares shall be allowed—

(a) to employees travelling by steamer on the Queensland or Western Australian coast;

(b) to employees 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 children (if any); and

(c) to female employees.

Cost of conveyance on transfer.

57. When an employee is transferred—

(a) in the public interest;

(b) in the ordinary course of promotion;

(c) on account of illness due to causes over which he has no control, subject, if considered necessary by the Board, to satisfactory medical evidence;

(d) after a residence of three years or over in an extreme climate or in an isolated locality; or

(e) to fill a vacancy occurring at a place described in the last preceding sub-paragraph—

the actual cost of conveyance of the employee, together with his wife and children (if any), and of removal of his furniture and household effects shall, subject to the provisions of regulation 58 of these Regulations, be paid by the Department.

Removal of furniture.

58.—(1.) The amount payable for the removal of an employee’s furniture and household effects shall not exceed the amount specified in the second column of the following table opposite the salary limits specified in the first column of that table applicable in the particular case:—

Employee’s Salary.

Maximum Amount Allowed.

Under £300...................................

£300 to £800..................................

£

35

40

Provided that, where it is shown to the satisfaction of the Board that removal cannot be effected for the amount prescribed as the maximum, the Board may authorize the payment of such amount as will, in their opinion, 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, the Manager shall, wherever practicable, obtain quotations from at least two carriers and, subject to this regulation, may authorize acceptance of the more suitable.

(4.) Where an employee elects to dispose of his furniture and effects instead of removing them to his next station, the Board may authorize payment to the employee of an amount equal to the loss shown, to the satisfaction of the Board, to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.

(5.) An employee shall not be entitled to any compensation from the Commonwealth for losses or damages arising from removal.

(6.) Furniture, where practicable, shall be removed by railway 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.

Part IX.—Miscellaneous.

Quarters.

59. Where an employee is in occupation of Government quarters there shall be deducted from his salary or wages by way of rent such amount as the Board determines.

Technical experience.

60.—(1.) A Manager may permit any person to attend at any factory for the purpose of gaining technical knowledge and experience, and any person so permitted to attend shall obey the directions of the Manager.

(2.) A Manager may at any time revoke any permit previously granted by him under this regulation.

(3.) Any person attending a factory in pursuance of a permit granted to him under this regulation shall not be entitled to any pay in respect of such attendance or of anything done by him in pursuance of any direction of the Manager, but may receive such grants, if any, as the Board thinks fit.

Judgment for debt.

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

(2.) Upon the Service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Paying Officer 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 Paying Officer, 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 employee fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied, the Paying Officer may from time to time deduct from any moneys due to the employee 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 employee to less than £2 per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the employee.

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

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

(6.) A person to whom any payment has been made in pursuance of this section shall notify the Paying Officer immediately a judgment debt, in respect of which the payment was made is satisfied.

Penalty: £50 or imprisonment for three months.

(7.) If any payment made in pursuance of this section exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any Court of competent jurisdiction.

(8.) The foregoing provisions of this regulation shall not apply in relation to any employee whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.

(9.) In this section “Paying Officer” means such officer as the Board appoints as Paying Officer for the purposes of this regulation.

Conviction for an offence.

62.—(1.) Any employee who is on an indictment or presentment convicted for any offence against the law of the Commonwealth or of a State or of a Territory of the Commonwealth, shall be deemed to have forfeited his employment, and shall thereupon cease to perform his duties.

(2.) Where the Board is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the employee, the Board may direct the employee’s reinstatement.

(3.) An employee who is deemed to have forfeited his employment in accordance with the provisions of this regulation shall not be entitled to receive any salary or wages in respect of any period after the date of his conviction, unless and until he is reinstated, in which case he shall be entitled to payment from the date of his reinstatement.

 

By Authority: L. F. Johnston,