War Service Homes (Staff) Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1941. No. 142.

––––––

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1941.*

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 War Service Homes Act 1918-1941.

Dated this twenty fifth day of June, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for Repatriation.

 

Amendments of the War Service Homes (Staff) Regulations. 

1. After regulation 18 of the War Service Homes (Staff) Regulations the following regulation is inserted:—

Allowance to married minors.

“18a.—(1.) Subject to the approval of the Commissioner, a male officer under the age of twenty-one years who is married may be paid an allowance equal to the difference between his salary and the minimum rate payable under regulation 18 of these Regulations to a male adult officer of the Fourth Division.

(2.) The amount of any allowance paid under this regulation shall be reduced by the amount of any increase in salary granted to the officer.”.

2.—(1.) Regulation 55 of the War Service Homes (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Leave for war service.

“55.—(1.) Leave of absence for such period or periods as the Commissioner, having regard to the circumstances of any particular case or class of cases, directs may be granted to any officer who, in time of war—

(a) is appointed to, enlisted in or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, the United Kingdom or any other part of the King’s dominions; or

(b) is permitted by the Commissioner to engage in work or employment other than the duties of his office or offices under the Commonwealth, if, in the opinion of the Commissioner, that work or employment is necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth or the efficient prosecution of the war.

 

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1938. No. 64, as amended by Statutory Rules 1939, Nos. 32 and 136; and 1940, Nos. 47 and 274.

3502.—16/5.6.1941.—Price 3d.

“(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall be without pay.

“(3.) An officer who is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, and is granted leave of absence under the provisions of this regulation may, if his pay as a member of the Forces in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference:

Provided that this sub-regulation shall not be construed to authorize more than one payment to any officer of any such amount.

“(4.) The period during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.

“(5.) An employee who, in time of war, is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, may be granted leave of absence on the same terms and conditions as are applicable to an officer:

Provided that leave shall not be granted to any such employee beyond the date on which his services would, but for that leave, have been terminated.

“(6.) In this regulation—

(a)the expression ‘pay as an officer’ includes such emoluments as the Commissioner determines; and

(b)the expressions ‘time of war’ and ‘war’ shall have the same meanings as those expressions have in the Defence Act 1903-1941.”.

(2.) If at any time during the period from the second day of September, 1939, to the date upon which this regulation comes into operation, any officer or employee was granted leave in respect of war service or paid any amount in respect thereof, the period of leave granted and the amount paid shall be adjusted to conform with the period of leave which may be granted and the amount which may be paid in accordance with the War Service Homes (Staff) Regulations, as amended by this regulation.

Higher duties allowance.

3. Regulation 92 of the War Service Homes (Staff) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(6.) Where an officer temporarily occupies a, higher office but does not perform the whole of the duties usually performed by the permanent occupant of that office, he may be paid an allowance of such amount as is determined by the Commissioner.”.

 

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0