Commonwealth Banking Corporation Service Regulations

Commonwealth Banking Corporation Service Regulations

Statutory Rules 1960 No. 5 as amended

made under the

Commonwealth Banks Act 1959

This compilation was prepared on 19 August 2004
taking into account amendments up to SR 1980 No. 265

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I Preliminary

 1 Citation [see Note 1] 

 2 Commencement [see Note 1] 

 3 Parts 

 4 Interpretation 

Part II Appointments and examinations

 5 Prescribed entrance examinations 

 6 Appointments without entrance examination 

 7 Certificate-prescribed classes of persons 

 8 Evidence as to age 

Part III Classifications and promotions

 9 Declaration to be notified to each branch 

 10 Seniority 

 11 Notification of provisional promotions 

Part IV The Promotions Appeal Board

Division 1 Election of Officers’ Representative and Deputy

 12 Interpretation 

 13 First elections 

 14 Prescribed manner of election of officers’ representative and deputy             

 15 Nominations 

 16 Procedure on receipt of nominations 

 17 Ballot-papers 

 18 Returning Officer 

 19 Conduct of ballot 

 20 Counting of votes 

 21 Scrutineers 

 22 Determinations of disputes 

 23 Result of poll 

 24 By-elections 

 25 Prescribed terms of office 

Division 2 Procedure on appeals

 26 Appeals 

 27 Meetings of the Board 

 28 Decision of the appeal 

Part V The Disciplinary Appeal Board

Division 1 Election of officers’ representative and deputy

 29 Interpretation 

 30 First elections 

 31 Prescribed manner of election of officers’ representative and deputy             

 32 By-elections 

 33 Prescribed terms of office 

Division 2 Procedure on appeals

 34 Appeals 

 35 Particulars to be furnished 

 36 Appeals to be heard in camera 

 37 Statement may be lodged 

 38 Evidence 

 39 False testimony 

 40 Representation of appellant and Corporation 

 41 Disciplinary Appeal Board not to be bound by rules of evidence             

 42 Proceedings where appellant or witness in remote locality 

 43 Decision of the appeal 

 44 Costs 

Schedule Positions to which persons may be appointed without examination             

Notes  

Part I Preliminary

1 Citation [see Note 1]

  These Regulations may be cited as the Commonwealth Banking Corporation Service Regulations.

2 Commencement [see Note 1]

  These Regulations shall come into operation on the day on which the Commonwealth Banks Act 1959 comes into operation.

3 Parts

  These Regulations are divided into Parts, as follows:

  Part I — Preliminary (Regulations 1–4)

  Part II — Appointments and Examinations (Regulations 5–8)

  Part III — Classifications and Promotions (Regulations 9–11)

  Part IV — The Promotions Appeal Board

Division 1 — Election of Officers’ Representative and Deputy (Regulations 12–25)

Division 2 — Procedure on Appeals (Regulations 26–28)

  Part V — The Disciplinary Appeal Board

Division 1 — Election of Officers’ Representative and Deputy (Regulations 29–33)

Division 2 — Procedure on Appeals (Regulations 34–44).

4 Interpretation

  In these Regulations, unless the contrary intention appears:

branch means a branch of the Corporation, the Trading Bank, the Savings Bank or the Development Bank and includes the head office of each of those bodies.

the Act  means the Commonwealth Banks Act 1959.

Part II Appointments and examinations

5 Prescribed entrance examinations

  For the purposes of paragraph (d) of subsection (1) of section 90 of the Act:

 (a) an examination in such subjects as the Corporation determines of a public examination conducted by a University or other public examining body, together with a written examination conducted by, or on behalf of, the Corporation in such additional subjects as the Corporation determines; or

 (b) a written examination conducted by, or on behalf of, the Corporation in such subjects, and at such standard, as the Corporation determines;

is a prescribed entrance examination.

6 Appointments without entrance examination

  For the purposes of subsection 90 (2) of the Act:

 (a) each of the positions specified in the Schedule; and

 (b) the class of positions comprising positions at a branch or agency outside Australia of the Corporation, the Trading Bank or the Savings Bank;

are prescribed.

7 Certificate-prescribed classes of persons

  For the purposes of section 91 of the Act, the following classes of persons are prescribed classes of persons:

 (a) any person who has at any time employed the person desiring to be admitted to the examination; and

 (b) any principal, headmaster or teacher of a school attended by that person.

8 Evidence as to age

  A person desiring to be admitted to an entrance examination prescribed by regulation 5 of these Regulations shall furnish to the Corporation such evidence of his age as the Corporation requires.

Part III Classifications and promotions

9 Declaration to be notified to each branch

  A declaration made by the Corporation under subsection (3) of section 98 of the Act shall, as soon as practicable after the making of the declaration, be notified in writing by the Managing Director to each branch, which notification shall be made available for the information of all officers of the branch.

10 Seniority

 (1) For the purposes of section 99 of the Act, the seniority of officers shall, subject to this regulation, be determined according to the respective dates on which they commenced duty as officers.

 (2) For the purposes of the last preceding subregulation:

 (a) a person who is, by virtue of section 17 of the Banking (Transitional Provisions) Act 1959, deemed to have been appointed as an officer on the date on which Part II of that Act came into operation shall be deemed to have commenced duty as an officer on that date;

 (b) a person who is, in accordance with subsection (2) of section 19 of the Banking (Transitional Provisions) Act 1959, appointed as an officer shall be deemed to have commenced duty as an officer on the date of that appointment; or

 (c) a person who:

 (i) is, as a result of passing an entrance examination prescribed by regulation 5 of these Regulations, appointed as an officer; and

 (ii) commences duty within fourteen days after the date of issue by the Managing Director of the person’s notification of appointment and request to report for duty;

  shall be deemed to have commenced duty as an officer on the date of appointment specified by the Corporation.

 (3) A person referred to in paragraph (a) or (b) of the last preceding subregulation is entitled to have taken into account in determining his seniority under this regulation:

 (a) any service by him as an officer of the Commonwealth Bank of Australia under the Commonwealth Bank Act 1911, or under that Act as amended from time to time, or any service by him in the Commonwealth Bank Service;

 (b) any other service by him that he was entitled, immediately before the date on which Part II of the Banking (Transitional Provisions) Act 1959 came into operation, to have taken into account in determining his seniority as an officer of the Commonwealth Bank Service; and

 (c) any service by him, within three months after the date on which Part II of the Banking (Transitional Provisions) Act 1959 came into operation, in the Reserve Bank Service;

as if that service were service by him as an officer.

 (4) Where a person who is appointed to the Service 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 that commenced on the fourth day of August, 1914, or the state of war that commenced on the third day of September, 1939, he is entitled to have his period of such war service taken into account in determining his seniority under this regulation as if it were service by him as an officer.

 (5) Where an officer of any other bank or of a savings bank is appointed to the Service under subsection (3) of section 90 of the Act and it is provided in the arrangement entered into by the Trading Bank with the other bank, or in the arrangement entered into by the Savings Bank with the other savings bank, as the case may be, that the whole or a part of the service of that officer with the other bank or with the other savings bank shall be taken into account in determining his seniority as an officer, that officer is entitled to have the whole or that part of that service taken into account in determining his seniority under this regulation as if it were service by him as an officer.

 (6) In any case in which the seniority of two or more officers would otherwise be equal, the seniority of each in relation to the other or others shall be as determined by the Managing Director.

 (7) This regulation does not operate to affect the authority, for purposes of management and control, vested in an officer by virtue of his temporary or permanent office.

11 Notification of provisional promotions

  For the purposes of paragraph (b) of subsection (1) of section 100 of the Act, the provisional promotion of an officer to a vacant position shall, as soon as practicable, be notified by the Corporation in a circular sent to each branch, which circular shall be made available for the information of all officers of the branch.

Part IV The Promotions Appeal Board

Division 1 Election of Officers’ Representative and Deputy

12 Interpretation

  In this Division, unless the contrary intention appears:

by-election means an election referred to in regulation 24 of these Regulations.

first election means an election referred to in the next succeeding regulation.

the officers’ representative means the elected officer referred to in paragraph (c) of subsection (2) of section 101 of the Act.

13 First elections

  As soon as practicable after the commencement of the Commonwealth Banks Act 1959 there shall be held:

 (a) an election by the officers of the Service of an officer as the officers’ representative on the Promotions Appeal Board; and

 (b) an election by the officers of the Service of a deputy of the officers’ representative.

14 Prescribed manner of election of officers’ representative and deputy

  For the purposes of paragraph (c) of subsection (2), and of subsection (5), of section 101 of the Act, the prescribed manner of election is the manner prescribed by regulations 15 to 23 (inclusive) of these Regulations.

15 Nominations

 (1) The Managing Director shall, on or about the first day of September in each year or, in the case of a first election or a by-election, on a date determined by the Managing Director, by notice to all branches, call for nominations for election.

 (2) Any officer who has been an officer for not less than 5 years is eligible for nomination.

 (3) A nomination shall be in writing signed by not less than ten officers and shall be accompanied by a written statement from the nominee signifying his consent to the nomination and his willingness to act if elected.

 (4) A nomination is not effective unless it is received by the Managing Director on or before the first day of October next following the date on which nominations were called for or, in the case of a first election or a by-election, on or before a date specified in the notice calling for nominations as the date on or before which a nomination, to be effective, should be received by the Managing Director.

16 Procedure on receipt of nominations

 (1) If only one officer is nominated, the Managing Director shall declare that officer elected and shall notify his election to all branches.

 (2) If two or more officers are nominated, a poll of officers shall be held to decide the election.

 (3) The nominations shall be notified to all branches and a secret ballot shall be held at each branch not later than the first day of November following the calling for nominations or, in the case of a first election or a by-election, not later than a date determined by the Managing Director.

17 Ballot-papers

  The ballot-papers to be used shall, with such alterations as are necessary, be in accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1953.

18 Returning Officer

 (1) The Managing Director shall appoint a Returning Officer, who shall be an officer of the Service, to conduct the poll.

 (2) A Deputy Returning Officer, who shall be an officer of the Service, shall be appointed at each branch at a meeting of the officers of the branch called for the purpose by an officer nominated by the Managing Director.

19 Conduct of ballot

 (1) The Deputy Returning Officer shall conduct the ballot at his branch in accordance with the directions of the Returning Officer and shall, immediately after the close of the poll, forward to the Returning Officer the ballot-papers of all officers who have voted at his branch.

 (2) The Returning Officer may, with the approval of the Managing Director, make arrangements to enable an officer who is not able to vote at his branch to vote by post.

20 Counting of votes

 (1) The counting of votes shall take place at the head office of the Corporation under the supervision of the Returning Officer.

 (2) The provisions of the Commonwealth Electoral Act 1918-1953, and of the Regulations under that Act, relating to a House of Representatives election shall, so far as they are applicable and with such alterations as are necessary, but subject to these Regulations, be applied by the Returning Officer in the counting of the votes.

 (3) If a question arises as to the admissibility of a ballot-paper, the question shall be determined by the Returning Officer, whose decision is final.

21 Scrutineers

 (1) A candidate may appoint one scrutineer, who shall be an officer serving at a branch within the Sydney metropolitan area, to represent him at the counting of the votes and all the proceedings of the counting shall be open to the inspection of the scrutineers.

 (2) The Returning Officer shall give to the scrutineers at least two days’ notice of the date on which he proposes to count the votes.

22 Determinations of disputes

  Subject to this Division, if any question arises as to the regularity or validity of any nomination or as to the voting at any poll or otherwise as to any election, it shall be determined by the Chairman of the Promotions Appeal Board, whose decision is final.

23 Result of poll

  The Returning Officer shall notify the Managing Director of the result of the election not later than the twenty-fifth day of November following the poll or, in the case of a first election or a by-election, not later than a date determined by the Managing Director, and the Managing Director shall forthwith notify the result of the poll to all branches.

24 By-elections

  Where a vacancy occurs in the office of the officers’ representative or the deputy of the officers’ representative during the period commencing on the first day of December in a year and ending on the thirty-first day of August in the following year, or where any such vacancy exists by reason of no candidate having been elected at an election, an election shall be held to fill the vacancy.

25 Prescribed terms of office

 (1) For the purposes of subsection (4) of section 101 of the Act, the period for which the officers’ representative holds office is, subject to subregulation (3) of this regulation:

 (a) if the officers’ representative is elected at a first election or at a by-election — the period from and including the date of his election to and including the thirtieth day of November next following; or

 (b) in any other case — the period from and including the first day of December next following the date of his election to and including the thirtieth day of November next following.

 (2) For the purposes of subsection (5) of section 101 of the Act, the period for which the deputy of the officers’ representative holds office is, subject to the next succeeding subregulation:

 (a) if the deputy is elected at a first election or at a by-election — the period from and including the date of his election to and including the thirtieth day of November next following; or

 (b) in any other case — the period from and including the first day of December next following the date of his election to and including the thirtieth day of November next following.

 (3) The period of office of the officers’ representative or the deputy of the officers’ representative ceases if he ceases to be an officer.

Division 2 Procedure on appeals

26 Appeals

 (1) An appeal under subsection (2) of section 100 of the Act shall be in writing, shall state the grounds of the appeal and shall be addressed to the Chairman of the Promotions Appeal Board.

 (2) An appeal shall be lodged with the Chairman of the Promotions Appeal Board within twenty-one days after the date of the circular notifying the provisional promotion.

 (3) Upon the expiration of a period of twenty-one days after the date of the circular notifying a provisional promotion, the Chairman of the Promotions Appeal Board shall notify the Managing Director whether or not an appeal has been lodged within the period specified in the last preceding subregulation and, if an appeal has been lodged, shall inform the Managing Director of the name of the appellant.

27 Meetings of the Board

 (1) The Chairman of the Promotions Appeal Board shall fix the time and place for a meeting of the Promotions Appeal Board and shall cause notice of the time and place of the meeting to be given to the other members of the Promotions Appeal Board.

 (2) The procedure at a meeting of the Promotions Appeal Board shall be as directed by the Chairman of the Promotions Appeal Board.

28 Decision of the appeal

  On an appeal being determined by the Promotions Appeal Board, a statement of the determination signed by the Chairman shall forthwith be furnished to the Managing Director and to the appellant.

Part V The Disciplinary Appeal Board

Division 1 Election of officers’ representative and deputy

29 Interpretation

  In this Division, unless the contrary intention appears:

by-election means an election referred to in regulation 32 of these Regulations.

first election means an election referred to in the next succeeding regulation.

the officers’ representative means the elected officer referred to in paragraph (c) of subsection (2) of section 109 of the Act.

30 First elections

  As soon as practicable after the commencement of the Commonwealth Banks Act 1959 there shall be held:

 (a) an election by the officers of the Service of an officer as the officers’ representative on the Disciplinary Appeal Board; and

 (b) an election by the officers of the Service of a deputy of the officers’ representative.

31 Prescribed manner of election of officers’ representative and deputy

 (1) For the purposes of paragraph (c) of subsection (2), and of subsection (5), of section 109 of the Act, the prescribed manner of election is the manner prescribed by regulations 15 to 23 (inclusive) of these Regulations.

 (2) For the purposes of the application of regulations 15 to 23 (inclusive) of these Regulations to an election by virtue of the last preceding subregulation:

 (a) by-election and first election have the same respective meanings as in this Division; and

 (b) the reference in regulation 22 to the Chairman of the Promotions Appeal Board shall be read as a reference to the Chairman of the Disciplinary Appeal Board.

32 By-elections

  Where a vacancy occurs in the office of the officers’ representative or the deputy of the officers’ representative during the period commencing on the first day of December in a year and ending on the thirty-first day of August in the following year, or where any such vacancy exists by reason of no candidate having been elected at an election, an election shall be held to fill the vacancy.

33 Prescribed terms of office

 (1) For the purposes of subsection (4) of section 109 of the Act, the period for which the officers’ representative holds office is, subject to subregulation (3) of this regulation:

 (a) if the officers’ representative is elected at a first election or at a by-election — the period from and including the date of his election to and including the thirtieth day of November next following; or

 (b) in any other case — the period from and including the first day of December next following the date of his election to and including the thirtieth day of November next following.

 (2) For the purposes of subsection (5) of section 109 of the Act, the period for which the deputy of the officers’ representative holds office is, subject to the next succeeding subregulation:

 (a) if the deputy is elected at a first election or at a by-election — the period from and including the date of his election to and including the thirtieth day of November next following; or

 (b) in any other case — the period from and including the first day of December next following the date of his election to and including the thirtieth day of November next following.

 (3) The period of office of the officers’ representative or the deputy of the officers’ representative ceases if he ceases to be an officer.

Division 2 Procedure on appeals

34 Appeals

 (1) An appeal under subsection (1) of section 108 of the Act shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Disciplinary Appeal Board.

 (2) The appeal shall be lodged with the Chairman of the Disciplinary Appeal Board within thirty days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.

 (3) The Chairman of the Disciplinary Appeal Board shall fix a time and place for the hearing of the appeal and shall cause notice of the time and place of the hearing to be given to the other members of the Disciplinary Appeal Board, to the appellant and to the Corporation.

35 Particulars to be furnished

 (1) The Corporation shall furnish to the Chairman of the Disciplinary Appeal Board and to the appellant, within seven days after the date on which the Corporation receives notice of the appeal, or within such shorter time as the Chairman of the Disciplinary Appeal Board determines, particulars of the action taken by the Corporation in respect of which the appeal has been lodged and the Corporation’s reasons for taking that action.

 (2) The Chairman of the Disciplinary Appeal Board may direct that further particulars be furnished, and the Corporation shall furnish further particulars accordingly.

36 Appeals to be heard in camera

  The hearing of an appeal by the Disciplinary Appeal Board shall be in camera unless the Disciplinary Appeal Board otherwise decides.

37 Statement may be lodged

 (1) The appellant or the Corporation may lodge with the Disciplinary Appeal Board a statement relating to the appeal.

 (2) A copy of a statement lodged under this regulation shall be furnished by the appellant or the Corporation, as the case may be, to the other party.

 (3) The Disciplinary Appeal Board may direct that a statement lodged under this regulation shall be in the form of a statutory declaration.

38 Evidence

 (1) On the hearing of the appeal, the appellant and the Corporation may call oral evidence.

 (2) The Chairman may, by writing under his hand, summon any person to attend the Disciplinary Appeal Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents or writings in his custody or control that he is required by the summons to produce.

 (3) A summons under the last preceding subregulation shall be served personally or by leaving it at the usual place of abode of the person to whom it is addressed.

 (4) A person served with a summons to attend the Disciplinary Appeal Board shall not, without reasonable excuse, fail to attend the Disciplinary Appeal Board or to produce any documents, books or writings in his custody or control that he is required by the summons to produce.

Penalty:   $100.

 (5) It shall be a defence to a prosecution for an offence arising under the last preceding subregulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Disciplinary Appeal Board.

 (6) A person appearing as a witness before the Disciplinary Appeal Board shall not refuse:

 (a) to be sworn or to make an affirmation; or

 (b) to answer any question relevant to the matter before the Disciplinary Appeal Board put to him by a member of the Disciplinary Appeal Board.

Penalty:   $100.

 (7) This regulation does not operate to require a person to answer any question that would tend to criminate him.

39 False testimony

  A witness before the Disciplinary Appeal Board shall not knowingly give false testimony in any evidence given by him to the Disciplinary Appeal Board.

Penalty:   $100.

40 Representation of appellant and Corporation

 (1) The appellant may be represented before the Disciplinary Appeal Board by not more than one counsel or solicitor, or by an agent (being an officer), who may examine witnesses and address the Disciplinary Appeal Board on his behalf.

 (2) The Corporation may be represented before the Disciplinary Appeal Board by not more than one counsel or solicitor, or by an officer appointed for the purpose by the Managing Director, who may examine witnesses and address the Disciplinary Appeal Board on behalf of the Corporation.

41 Disciplinary Appeal Board not to be bound by rules of evidence

  The Disciplinary Appeal Board shall make a thorough investigation without regard to legal forms and solemnities and shall not be bound by any rules of evidence but may inform itself on any matter in such manner as it thinks fit.

42 Proceedings where appellant or witness in remote locality

 (1) Where it appears to the Disciplinary Appeal Board that it is undesirable, by reason of the appellant being stationed in a remote locality or by reason of expense, inconvenience or delay, to require the appellant or any particular witness to attend before the Disciplinary Appeal Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.

 (2) The person so appointed shall take evidence of the appellant or witness on oath or affirmation and, for the purpose of so doing, has all the powers of the Chairman of the Disciplinary Appeal Board.

 (3) A party to the appeal is entitled to be represented, in the manner provided by regulation 40 of these Regulations, before a person taking evidence in pursuance of this regulation.

 (4) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Disciplinary Appeal Board and considered by it in connexion with the appeal.

 (5) This regulation does not operate to prevent an appellant from appearing in person at the hearing of the appeal by the Disciplinary Appeal Board.

43 Decision of the appeal

  A statement of the decision of the Disciplinary Appeal Board signed by the Chairman shall be furnished to the Corporation and the appellant within seven days after the decision of the appeal.

44 Costs

 (1) The Disciplinary Appeal Board may recommend that all or any part of the costs or expenses incurred by the appellant in connexion with the appeal be paid by the Corporation, in which case the Corporation shall make payment accordingly.

 (2) The Disciplinary Appeal Board may make a recommendation under the last preceding subregulation, whether or not the appeal was successful.

Schedule Positions to which persons may be appointed without examination

(regulation 6)

Notes to the Commonwealth Banking Corporation Service Regulations

Note 1

The Commonwealth Banking Corporation Service Regulations (in force under the Commonwealth Banks Act 1959) as shown in this compilation comprise Statutory Rules 1960 No. 5 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments

Note 2

R. 10 (3) — The Commonwealth Bank Act 1911 was repealed by the Commonwealth Bank Act 1945 (No. 13, 1945). The Commonwealth Bank Act 1945 was repealed in its turn by the Reserve Bank Act 1959 (No. 4, 1959).