Commonwealth Bank (Staff) Regulations (Amendment)

Legislation au C1946L00080 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 80.

 

REGULATIONS UNDER THE COMMONWEALTH BANK ACT 1945.*

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 Commonwealth Bank Act 1945.

Dated this tenth day of May, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN J. DEDMAN

for and on behalf of the Treasurer.

 

Amendments of the Commonwealth Bank (Staff) Regulations.†

Parts.

1. Regulation 3 of the Commonwealth Bank (Staff) Regulations is amended by inserting after the words “Division 2.—Procedure on Appeals” the following words:—

“Part IV.—Classification and Promotions.

PartV—The Promotions Appeal Board.

Division 1.—Election of Officers’ Representative.

Division 2.—Procedure on Appeals.”.

Definition.

2. After regulation 3 of the Commonwealth Bank (Staff) Regulations the following regulation is inserted in Part I.:—

“3a. In these Regulations, unless the contrary intention appears—

‘the Act’ means the Commonwealth Bank Act 1945.”

3. The Commonwealth Bank (Staff) Regulations are amended by adding at the end thereof the following Parts:—

Part IV.—Classification and Promotions.

List of officers.

“33. Copies of a list showing the particulars referred to in sub-section (2.) of section 162 of the Act, and of the annual list referred to in sub-section (1.) of section,178 of the Act, shall be dispatched by the Governor to each branch of the Bank and of the Savings Bank, shall be circulated by the manager of the branch among the officers of the branch, and shall be available at the branch for the information of all officers of the branch.

Seniority.

“34.—(1.) Subject to this regulation, the seniority of officers of the Bank shall be determined according to the respective dates on which they commenced duty as officers of the Bank.

 

* Notified in the Commonwealth Gazette on 10th May, 1946.

† Statutory Rules 1945, No. 139.

2790.—Price 3d.


“(2.) An officer in the service of the Bank on the twentieth day of August, 1945, who, immediately prior to his appointment to the service of the Bank, was serving in the service of another bank, a savings bank or an assurance office, or was serving as a permanent officer of the Public Service of the Commonwealth or of a State, shall be entitled to have the period of such service taken into account in determining his relative seniority as if it were service as an officer of the Bank.

“(3.) Where a person who is or has been appointed to the Service of the Bank has served as a member of the naval, military or air forces of any part of the King’s dominions during the state of war which commenced on the fourth day of August, 1914, or the state of war which commenced on the third day of September, 1939, he shall be entitled to have his period of such war service taken into account in determining his relative seniority as if it were service as an officer of the Bank.

(4.) Where an officer of any other bank or of a savings bank is appointed to the Service of the Bank under the provisions of sub-section (3.) of section 156 of the Act, and it is provided in the arrangement entered into by the Bank under section 38 of the Act, or by the Savings Bank under section 125 of the Act, that the whole or any part of the service of that officer with that bank or with the savings bank shall be taken into account in determining his seniority as an officer of the Bank, the whole or that part of that service shall be taken into account accordingly.

“(5.) In the case of an officer appointed as a result of passing the prescribed entrance examination, the date of his commencing duty shall, for the purpose of determining his seniority, be deemed to be the date of appointment specified by the Bank provided that he commences duty within fourteen days after the date of issue by the Governor of notification of appointment and request to report for duty.

“(6.) In any case in which the seniority of two or more officers would otherwise be equal, their seniority shall be as determined by the Governor.

“(7.) Nothing contained in this regulation shall affect the authority, for purposes of management and control, vested in an officer by virtue of his temporary or permanent office.

Provisional promotions.

“35. The provisional promotion of an officer shall be notified by an advice sent by the Governor to each branch of the Bank and of the Savings Bank, which advice shall be made available for the information of all officers.

Part V—The Promotions Appeal Board.

Division 1.—Election of Officers’ Representative.

Election of the officers’ representative and the deputy of the officers’ representative.

“36. Subject to this Division, the election by the officers of the Bank of an officer (in this Part referred to as the ‘officers’ representative’) as a member of the Promotions Appeal Board (in this Part referred to as ‘the Board’) and the election of the deputy of the officers’ representative, shall be conducted in accordance with the provisions of Division 1 of Part III. of these Regulations as if any reference in that Division to the Disciplinary Appeal Board were a reference to the Promotions Appeal Board.


Nominations.

“37. Nominations shall be called by the Governor on or about the first day of May in each year by notice to all branches of the Bank and shall be returnable to reach him not later than the first day of June next following.

Date of poll.

“38. If a poll of officers is necessary to decide the election, a secret ballot shall be held at each branch of the Bank not later than the first day of July following the calling for nominations.

Result of poll.

“39. The Returning Officer shall notify the Governor of the result of the election not later than the twenty-fifth day of July following the poll.

Term of office.

“40.—(1.) Subject to the next succeeding sub-regulation, the officers’ representative and the deputy of the officers’ representative shall hold office for a period of one year from and including the first day of August next following the date of their election, except in the case of a person elected at a by-election, in which case the person elected shall hold office until the thirty-first day of July next following his election.

“(2.) If the officers’ representative or the deputy of the officers’ representative ceases to be an officer of the Bank, he shall forthwith cease to be a member of the Board.

Division 2.—Procedure on Appeals.

Appeals.

41.—(1.) An appeal under sub-section (2.) of section 166 of the Act shall be in writing, shall state the grounds of the appeal and shall be addressed to the Chairman of the Board.

“(2.) The appeal shall be lodged with the Chairman of the Board within twenty-eight days after the date of the advice by the Governor to branches of the Bank of the provisional promotion.

“(3.) Upon the expiration of a period of twenty-eight days after the date of notification of a provisional promotion, the Chairman of the Board shall notify the Governor whether or not an appeal has been lodged within the prescribed period and, if an appeal has been lodged, shall inform the Governor of the name of the appellant.

Meetings of the Board.

“42.—(1.) The Chairman of the Board shall fix the time and place for meetings of the Board and shall cause notice thereof to be given to the members of the Board.

“(2.) The procedure at meetings of the Board shall be as directed by the Chairman of the Board.

Decision of the appeal.

“43. On an appeal being determined by the Board, a statement of the determination under the hand of the Chairman shall be furnished to the Governor and to the appellant forthwith.”

 

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

Overview

The Statutory Rules 1946, No. 80, made under the Commonwealth Bank Act 1945, were introduced to address the need for more comprehensive regulations governing the staffing and administrative operations of the Commonwealth Bank of Australia. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aimed to provide a structured framework for the management of bank staff, including their classification, promotions, and the establishment of an appeal process for promotions. The regulations ensure that the procedures for staff management are transparent and fair, thereby maintaining the integrity and efficiency of the bank's operations. The primary policy objective of these regulations is to uphold the standards and practices necessary for the effective administration of the Commonwealth Bank, ensuring that all staff are treated equitably and that the bank's governance structures are robust and responsive to the needs of its employees.

Scope and Application

The Statutory Rules of 1946 No. 80, made under the Commonwealth Bank Act 1945, amend the Commonwealth Bank (Staff) Regulations to introduce new provisions concerning staff classification and promotions within the Commonwealth Bank and its branches, including Savings Banks. These regulations apply to all officers of the Bank, detailing procedures for determining seniority based on various factors such as prior service in other banks, the Public Service, or the armed forces, as well as the timing of commencement of duty. The amendments establish a formal process for provisional promotions, notifying branches through advice from the Governor, and create a Promotions Appeal Board to handle appeals against provisional promotions. The officers' representative and their deputy on this Board are elected annually by the Bank's officers, with specific timelines for nominations, voting, and term durations set out in the Regulations. Appeals must be lodged within twenty-eight days of the provisional promotion notification, and the Board is responsible for making decisions and notifying both the Governor and the appellant of their determinations. The scope of these regulations is national, affecting all branches of the Commonwealth Bank and Savings Banks across Australia.

Key Provisions

The Statutory Rules of 1946, No. 80, made under the Commonwealth Bank Act 1945, introduce amendments to the Commonwealth Bank (Staff) Regulations. These amendments add new provisions regarding classification and promotions, and the establishment of a Promotions Appeal Board (section 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43). Regulation 3 of the Commonwealth Bank (Staff) Regulations is amended by inserting a new Part IV and Part V, which detail the procedures for classifying and promoting officers, as well as the process for setting up and operating the Promotions Appeal Board. A new definition is also introduced, clarifying that 'the Act' refers to the Commonwealth Bank Act 1945 (section 2, 3a). The obligations imposed by these regulations include the requirement for the Governor to dispatch lists of officers’ particulars and annual lists to each branch of the Bank and Savings Bank, ensuring these lists are circulated among officers and made available for their information (section 33). Officers' seniority is to be determined based on the dates they commenced duty, with certain exceptions allowing for prior service in other banks, the Public Service, or military service during wartime to be considered (section 34). Provisional promotions must be notified through an advice sent by the Governor to each branch (section 35). Additionally, the regulations mandate the election of an officers’ representative and a deputy for the Promotions Appeal Board, outlining the nomination and voting procedures (section 36, 37, 38, 39, 40). Failure to comply with these regulations may result in procedural and administrative penalties, although specific civil or criminal penalties are not detailed within the provided text. The primary consequence of non-compliance would likely be the disruption of the orderly process of officer classification, promotions, and appeals, potentially leading to disputes and inefficiencies within the Bank's operations. The regulations ensure that all processes are transparent and follow due process, aiming to maintain fairness and order within the Bank's staff management practices.

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Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Classification and Promotions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.