Civilian Staff Regulations (Amendment)

STATUTORY RULES.

1934. No. 105.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1932.

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 Defence Act 1903-1932, to comes into operation forthwith, except where otherwise stated.

Dated this fourteenth day of August, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

G. F. PEARCE

Minister of State for Defence.

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Regulations for Civilian Staff (other than government Factories) under Defence Act, Section 63.

(Statutory Rules 1926, No. 209, as amended to date.)

Amendments.

The Civilian Staff Regulations are amended as follows:—

1. Regulation 21 is amended by inserting after the word “indirectly” the following:—

“nor shall the contents of official papers be disclosed,”

2. Regulation 33 is repealed and the following inserted in its stead:—

“Officers to Obey Summons.

33. (1) Every officer who is summoned by the Secretary, or any person or persons nominated by him, to give evidence upon any subject of inspection, inquiry, or investigation, shall attend to give evidence at the time and place specified in the summons.

(2) Every officer appearing before the Secretary, or any person or persons nominated by him (whether summoned or attending voluntarily), shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.

(3) No officer shall be compelled to answer any question tending to incriminate him.”

Notified in the Commonwealth Gazette on 23rd August, 1934.

3340.—Price 3d.

3. After regulation 38 insert the following new regulation:—

“Recognition of Previous Government Service.

38a. (1) Where a person becomes an officer under these Regulations and his service under these Regulations is continuous with—

(a) permanent service in the Public, Railway other Service of a State;

(b) permanent service in the Commonwealth Public Service, a Territorial Service, or the Commonwealth Railways Service;

(c) permanent service in a civil capacity in the Department of Defence;

Provided that where a person who has an existing right to furlough, extended leave, or pay in lieu thereof, by reason of service in a temporary capacity under any regulations made under Section 63 of the Defence Act or Section 41 of the Naval Defence Act, becomes an officer under these Regulations, such of his service under these Regulations as may be approved by the Minister shall be reckoned as service under these Regulations.

(d) service in a permanent capacity in the Naval, Military or Air Forces of the Commonwealth;

the continuous service of that person in any service specified in paragraph (a), (b), (c) or (d) of this sub-regulation shall be reckoned for the purposes of these Regulations as service under these Regulations.

(2) Where a person to whom this regulation applies has been engaged in two or more of the services specified in paragraphs (a), (b), (c) and (d) of the last preceding sub-regulation, and the periods he was so engaged are continuous with one another, those periods of service shall be deemed to be continuous service for the purposes of this regulation.”

4. Regulation 41 is amended by adding at the end of sub-regulation (1) the following:—

5. Sub-regulation (1) of regulation 59a is amended by omitting the proviso and inserting in its stead the following:—

“Provided that the provisions of sub-regulation (2a.) of regulation 59 shall not apply to such persons.”

To have effect from 1st July, 1933.

6. Regulation 65 is amended—

(a) by inserting an asterisk * before the figures, “65” and inserting at foot of page the following note:—

“*General conditions as to sick leave and accident leave are covered by Determination of the Commonwealth Public Service Arbitrator.”

(b) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) Application for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner:

Provided that the Chief Officer 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.”

7. Regulation 66 is repealed and the following inserted in its stead:—

“66. Where a person was retired from the Service on the ground of invalidity, and is re-appointed as the result of action taken under section 50 of the Superannuation Act 1922-1931, he shall be credited upon re-appointment with the sick leave at his credit immediately prior to his retirement.”

8. Sub-regulation (5) of regulation 72 is repealed.

9. Regulations 73, 74, and 75 are repealed.

10. Sub-regulation (1) of regulation 116 is amended by omitting from table the following:—

To have effect from 22nd June, 1934.

11. Regulation 117a is amended by omitting from Table “B” the particulars shown opposite “Chart Corrector, Adult” and inserting in lieu the following:—

To have effect from 1st January, 1934.

12. After regulation 117b insert the following new regulation:—

“117c. An allowance at a rate not exceeding £6 per annum may be paid on the approval of the Secretary to any office or temporary employee whose salary under regulation 117 or 117a, or under any determination made under Arbitration (Public Service) Act 1920-1929, does not exceed £258 per annum. Any allowance granted under this regulation shall cease to be paid on and after the first day of July, 1935”

To have effect from 1st July, 1934.

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