War Service Homes (Staff) Regulations 1923 (Cth)

STATUTORY RULES.

1923. No. 141.

REGULATIONS under the war service homes act 1918‑1923.

I, THE DEPUTY OF 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 War Service Homes Act 1918‑1923 to come into operation forthwith.

Dated this twenty‑eighth day of September, 1923.

W. H. IRVINE,

Deputy of the Governor‑General.

By His Excellency’s Command,

P. G. STEWART,

Minister of State for Works and Railways.

 

War Service Homes (Staff) Regulations.

Short title.

1. These Regulations may be cited as the War Service Homes (Staff) Regulations 1923.

2. The War Service Homes (Staff) Regulations (Statutory Rules 1922, No. 63) are hereby repealed.

Definitions.

3. In these Regulations unless the contrary intention appears—

“Deputy Commissioner” means a Deputy Commissioner appointed under the Act;

“Rulings” means rulings made by the Commissioner;

“Secretary” means the officer appointed as Secretary to the Commission under the Act;

“Staff Orders” means staff orders issued by the Commissioner;

“The Act” means the War Service Homes Act 1918‑1923;

“The Commissioner” means the Commissioner appointed under the Act.

Offences.

4. An officer who—

(a) wilfully 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 of any Rulings or Instructions or of Staff orders,

shall be guilty of an offence and shall be liable to such punishment as the Commissioner directs.

C.15256.—Price 3d.

 

5. If the Deputy Commissioner has any reason to believe that an officer has committed a minor 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.

6. Where there is reason to believe that an officer has committed an offence, other than a minor offence—

(а)The officer may be charged by the Deputy Commissioner and may, if it is considered that the charge is of 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 Commissioner 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 immediately furnished 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.

(d) The Deputy Commissioner shall forward the explanation, together with his report and his recommendation, to the Commissioner.

(e) Where an officer is suspended for an offence and the charge has been found by the Commissioner to be not proven, full pay for the period of suspension shall be allowed.

(f) Where the offence is admitted or proved and the Commissioner decides to dismiss the officer concerned, no payment shall, unless with the express authority of the Commissioner, be made for any portion of the period of suspension, and the dismissal shall take effect as from the date of suspension; but where the Commissioner 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 Commissioner decides to reduce the offending officer to a lower class or grade and salary or wages, payment for the period of suspension may, at the discretion of the Commissioner, be at the reduced rate.

7. 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 Commissioner shall decide whether the officer is to be dismissed from the service of the Commission or otherwise, and whether, if he is reinstated, the officer is to receive any payment of salary for the period from suspension to date of resuming duty.

8. Any power or authority vested in a Deputy Commissioner under these Regulations shall be exercisable by the Secretary to the Commission as regards the administration of the Central Administration Staff.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.