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

Case
No judgment structure available for this case.

STATUTORY RULES.

1939. No. 136.

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1937.*

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 1918-1937.

Dated this second day of November, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for Repatriation.

 

Amendment of War Service Homes (Staff) Regulations. 

1. After regulation 32 of the War Service Homes (Staff) Regulations the following regulation is inserted:—

Temporary transfer of officer to Commonwealth Service.

“32a.—(1.) If the Permanent Head of any Department of the Commonwealth Public Service requests that the services of an officer be made available to that Department, the Governor-General may, upon the recommendation of the Commissioner and the Commonwealth Public Service Board, transfer the officer for duty in that Department for a specified period.

(2.) Any such transfer shall be regarded as temporary, and shall be made upon such conditions as are determined by the Governor-General.

(3.) Upon the completion of the specified period of transfer the officer shall return to his former office in the Service, or to another office in the Service not inferior in status to his former office.”.

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 Regulation 55 of the War Service Homes (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Leave for military or naval purposes.

“55.—(1.) Leave of absence may be granted to any officer who has enlisted in, or been appointed to, an Expeditionary Force raised under the provisions of the Defence Act 1903-1939, and the duration of such leave shall not, unless the Commissioner otherwise directs, exceed the period of the officer’s service with the Expeditionary Force.

(2.) Leave of absence for a period, which shall not, unless the Commissioner otherwise directs, exceed twelve months, may be granted to any officer who is called up, in pursuance of the Defence Act 1903-1939, for war service in Australia or for war service in the Naval Forces.

* Notified in the Commonwealth Gazette on , 1939

  Statutory Rules 1938, No. 64, as amended by Statutory Rules 1939, No. 32.

6004.—5/20.10.1939.—Price 3d.

 

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

(4.) An officer who is granted leave of absence under this regulation may, if his pay as a member of the Defence Force is less than his pay as an officer, be paid, in respect of the first sixteen calendar days of that leave of absence, an amount equal to the difference.

(5.) 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.

(6.) In this regulation, the expression ‘pay as an officer’ includes such emoluments as the Commissioner determines.

(7.) This regulation shall apply to temporary employees:

Provided that, in the case of such an employee, leave shall not be granted beyond the date on which his services would, but for that leave, have been terminated.”.

3. Regulation 66 of the War Service Homes (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Sick leave for dental purposes.

“66.—(1.) Where an officer undergoes dental treatment as a matter of urgency or where physical disability due to dental causes prevents him from performing the duties of his office, a Deputy Commissioner may grant the officer leave of absence in accordance with the provisions of this regulation.

(2.) Where the period for which the officer is absent does not exceed two days, he may be granted leave of absence without production by him of a medical or dental certificate, if the period of absence, together with the periods of leave granted him under regulation 59 of these Regulations, does not exceed in the aggregate three days in any twelve months.

(3.) Where the leave of absence with pay which the officer may be granted under sub-regulation (2.) of this regulation has been exhausted, or where he is absent continuously for a period exceeding two days, but not exceeding three weeks, leave of absence may be granted, subject to the next succeeding sub-regulation, upon production by him of a dental certificate. Such certificate should indicate—

(i) that the officer concerned is under treatment by the dentist furnishing the certificate;

(ii) the nature of the treatment the officer is undergoing; and

(iii) the actual period of absence from duty necessitated by the treatment.

(4.) A dental certificate furnished in accordance with the last preceding sub-regulation shall be submitted to the Commonwealth Medical Officer for advice as to whether the leave applied for is reasonable, or whether it should be reduced, and leave of absence shall be granted in accordance with the advice of the Commonwealth Medical Officer.

(5.) In any case where an officer’s continuous absence exceeds three weeks, he shall submit an application, supported by a certificate from a duly qualified medical practitioner, for sick leave to cover the period of absence.”.

Furlough.

4. Regulation 71 of the “War Service Homes (Staff) Regulations is amended by omitting from sub-regulation (5.) the definition of “salary” and inserting in its stead the following definition:—

“‘salary’ includes any allowance payable under regulation 91 of these Regulations and any higher duties allowance payable under regulation 92 of these Regulations where the officer has performed the higher duties for not less than twelve months immediately preceding the date upon which he commences furlough prior to retirement or ceases to be an officer of the Service;”.

Extended leave or pay in lieu to officers not entitled to furlough.

5. Regulation 72 of the “War Service Homes (Staff) Regulations is amended by omitting from sub-regulation (7.) the definition of “salary” and inserting in its stead the following definition:—

“‘salary’ includes any allowance payable under regulation 91 of these Regulations and any higher duties allowance payable under regulation 92 of these Regulations where the officer has performed the higher duties for not less than twelve months immediately preceding the date upon which he commences extended leave prior to retirement or ceases to be an officer of the Service;”.

Commencement.

6. Regulations 1 and 2 of these Regulations shall be deemed to have come into operation on the second day of September, 1939.

 

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