Commonwealth Public Service Regulations (Amendment)

STATUTORY RULES.

1912. No. 102.

REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.

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 Public Service Act 1902, to come into operation forthwith.

Dated this sixteenth day of May, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By His Excellency’s Command,

KING O’MALLEY,

Minister of State for Home Affairs.

1. Regulations 40, 89, 105, 106, 107, 108, 108a, 144, 145, and 257-61, made under the provisions of the Commonwealth Public Service Act 1902, are repealed, and new Regulations, in the following terms, are made in lieu thereof:—

40. Every officer shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all enactments, Regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.

89. (i) When an officer has continued in the Public Service at least twenty years, the Governor-General may grant to him, on the recommendation of the Commissioner, leave of absence for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer not having been granted such leave of absence retires from the Public Service after at least twenty years’ service, the Governor-General, on the recommendation of the Commissioner, may grant such officer six months’ pay upon retirement, or upon the death of any officer who has continued in the Public Service for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Commissioner, may pay to the dependents of such deceased officer a sum equivalent to six months’ salary of such officer. Provided that where an officer has been reduced in position or salary through misconduct, such misconduct shall be

C.6471.—Price 3d.

taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event of retirement or death of an officer, whether payment may be made under the conditions prescribed herein and as to the terms on such payment.

(2) Where any person has become transferred from any position of a permanent nature in the Naval or Military Forces of the Commonwealth, or of a State to the Public Service of the Commonwealth, either directly or through the Public Service of the State, his service in the Naval or Military Forces shall, for the purpose of furlough, be reckoned as service in the Public Service.

105. The Clerical Division shall include all officers whose offices the Governor-General, on the recommendation of the Commissioner, directs to be included in such division, and shall be divided into five classes. Each of such classes shall be subdivided as set forth in the following schedule, and the rate of salary of an officer in a subdivision of any such class shall be that assigned to such subdivision in such schedule.

Provided that the classification of an officer in a subdivision of the fourth class, as existing prior to the commencement of this Regulation, shall not confer any right to advancement to the salary specified in the schedule in respect of such subdivision.

Provided further that, inhere the duties of any office included in the first class are of such a special nature that they would not be adequately remunerated by the rates of salary specified in the schedule, the Governor-General may, on the recommendation of the Commissioner, fix the salary to be paid to the officer occupying the office at a rate not exceeding Seven hundred pounds per annum.

106. All new appointments to the Clerical Division shall be made to the first subdivision of the fifth class; and the rate of salary at which a person is first appointed to such subdivision shall be Sixty pounds per annum. Every such officer shall be advanced after twelve months’ service in a subdivision to the next higher subdivision, until his salary reaches One hundred and eighty pounds per annum, provided that such advancement has been approved by the Commissioner upon report from the Chief Officer as to the conduct, diligence, and general efficiency of the officer; and provided further that every such officer shall be entitled, upon attaining the age of twenty-one years, to a salary of One hundred and ten pounds per annum.

107. Officers classified in the first subdivision of the fifth class as existing prior to the commencement of this Regulation may be advanced, on the approval of the Commissioner, to the second and third subdivisions of the fifth class with salaries as provided in the above schedule, although such officers have not served the full period of twelve months in each subdivision as prescribed herein. Officers who were classified in the second and third subdivisions of the fifth class as existing prior to the commencement of this Regulation shall be deemed to have been classified in the third and fourth subdivisions of the fifth class respectively, as provided in the above schedule.

108. Where an officer has served at least one year in the ninth subdivision of the fifth class, he may be advanced by yearly increments of Ten pounds to salary of Two hundred pounds per annum, provided that in the opinion of the Commissioner such increases are justified by the efficiency of the officer and the value of the work performed.

144. Every officer of the Clerical Division shall be entitled, if of the age of twenty-one years, to a salary of £110 per annum. No officer of the Clerical Division granted a salary of £110 per annum under the provisions of Section 21 (2) of the Act shall be entitled to further increase until such time as he would have become eligible for such increase in the ordinary course of progression through the subdivisions of his class.

257-61. If any officer is charged with—

(a) A breach of the provisions of the Act or of any Regulations thereunder; or

(b) Wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or

(c) Being negligent or careless in discharge of his duties; or

(d) Being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or

(e) Using intoxicating beverages to excess; or

(f) Any disgraceful or improper conduct,

the action to be taken shall be as follows:—

(1) All charges shall be made in writing. The officer charged shall be immediately furnished with a copy of the charge, and shall be required to forthwith state in writing whether he admits or denies the truth of such charge, and shall be allowed to give any written explanation with regard to the alleged offence.

(2) In the case of minor offences against discipline—

(a) The Chief Officer may reprimand or caution any officer (other than an officer of the Administrative Division).

(b) The officers hereinafter prescribed as having power to temporarily suspend officers may reprimand or caution any officer in respect of whom the power to temporarily suspend applies; such caution or reprimand shall be immediately reported to the Chief Officer, together with reasons therefor and particulars of same.

(3) For any offence whatever, an officer (other than an officer of the Administrative Division) charged with the commission of such offence, may be temporarily suspended by the Chief Officer. Provided that where the Chief Officer is satisfied that the charge is not of such a serious nature as to require a suspension of the officer, he may permit him to continue in the performance of his duties pending the determination of the charge.

In emergent cases an officer charged with any offence whatever may be temporarily suspended from duty by the head of the branch or office in which such offending officer is employed or with which he is connected, provided, however, that such liability to temporary suspension shall not extend to officers in charge of sub-branches or offices under the control of the officer so prescribed as having power to temporarily suspend. Any such temporary suspension, together with the reasons therefor, shall be immediately reported to the Chief Officer.

2. The Provisional Regulations made the 28th February, 1912, Statutory Rules 1912, No. 57, are repealed.

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.