Conduct and Management of Government Factories Regulations (Amendment)

Legislation au C1919L00207 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

 

1919. No. 207.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

Regulations for the Conduct and Management of Government Factories.—Amendments.

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 1903-1918, to come into operation forthwith.

Dated this fourteenth, day of August, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting Minister of State for Defence.

 

Regulations for the Conduct and Management of Government Factories.

Amend regulation 9 as follows:—

Delete the following under heading “Annually”:—

“Report as to officers in  ‘F’  and   Secretary, 15th March

 Fifth Classes—in duplicate   (Form   of each year.

S.61).

Return of officers over 60 years of   Secretary, April of

age.           each year.”

Delete the following under heading “Monthly”:—

“Return of Sick Leave.

Return of Changes, Permanent Staff.”

Amend regulation 29 as follows:—

Omit the word “Secretary” in the 4th line, and insert the word “Manager.”

Omit the following words:—

“The Manager shall supply the Secretary with such information as will satisfy him that such payment is fairly due.”

Amend regulation 30 (3) as follows:—

Insert “over” before “£400,” and omit words “or over.”

Amend regulation 33 (1) as follows:—

Omit the word “Secretary” and insert the word “Manager”.

Amend regulation 42 by omitting the words “on full pay.”

Amend regulation 48 as follows:—

Clause (1).—Omit the word “Secretary” and insert the word “Manager”.


Clause (2).—Omit the word “provisionally.”

Omit the following words:—

“But a statement of all leave granted under this regulation shall be submitted monthly for the approval of the Secretary who may in any case disallow the leave so granted”, and insert the following:—

“A record of all leave granted under this regulation shall be kept by the Manager, and a return shall be furnished to the Secretary at the end of each quarter, showing particulars of all cases of leave granted in excess of one month.”

Amend regulation 49, clause (3), as follows:—

Omit the word “Secretary,” and insert the word “Manager”.

Amend regulation 53 as follows:—

Clause (1)—Omit the word “Secretary” and insert the word “Manager”.

Clause (2)—Omit the word “provisionally”.

Omit the following words:—

“But a statement of all leave granted under this regulation shall be submitted monthly for the approval of the Secretary, who may in any case disallow the leave so granted”, and insert the following:—

“A record of all leave granted under this regulation shall be kept by the Manager, and a return shall be furnished to the Secretary at the end of each quarter showing particulars of all cases of leave granted in excess of one month.”

Omit words “Under five years,” and insert the worlds “Over one year and under five years.”

Amend regulation 54 as follows:—

Omit the word “Secretary,” and insert the word “Manager”.

Amend regulation 56 as follows:—

Omit the words “Approved by the Secretary.”

Amend regulation 74 as follows:—

By omitting from paragraph (4) the words “the first day of the month succeeding.”

By inserting after paragraph (4) the following new paragraph:—

(5) Officers of the Fourth and Fifth Classes may be paid a war bonus under the conditions and subject to the provisions of the award of the Commonwealth Court of Conciliation and Arbitration relating to the Commonwealth Public Service Clerical Association as varied by the Court on 8th November, 1918.

Amend regulation 76 by adding the following:—

“Provided that any person who has served with satisfactory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-18, and who is eligible for appointment to the Clerical Division may be appointed to such class and subdivision as the Minister may determine.”


Delete regulation 78, and insert the following in lieu:—

78. On the recommendation of the Secretary, the Governor-General may raise or lower the classification of any office the duties of which have been materially changed or may promote an officer from one class to another, although he has not served one year in each subdivision of the class from which he is promoted, to fill a vacancy or a new office in the higher class.

Amend regulation 79 by deleting the word “seniority”.

Insert the following new regulation:—

80a. Where in these Regulations the rate of payment of any allowance is based upon the rate of an officer’s salary, in the case of an, officer who is entitled to increments at prescribed periods the rate of salary shall be taken to be the rate to which the officer is entitled during the period in respect of which allowance is payable, otherwise the rate of salary shall be taken to be the rate at which the officer is actually being paid during the period in respect of which the allowance is payable, notwithstanding that he is subsequently granted an increase of salary to take effect from a date earlier than such period.

Amend regulation 80 (2) by deleting all the words after the word “accrue”.

Amend regulation. 83 (2) by adding the following:—

“provided that any person who has served with satisfactory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-18, and whose age at his last birthday previous to appointment was not more than fifty years, and who has passed, whether before or after the commencement of this proviso, the prescribed examination may be appointed to the Clerical Division.”

Amend regulation 84 as follows:—

After the word “probation” in first line, insert the words “by the Secretary”, and omit the words “Governor-General” in the third line, and insert the word “Secretary”.

Amend regulation 100 as follows:—

Second class fare shall be allowed to all officers, foremen or employees, the maximum salary of whose position does not exceed £216 per annum. In other cases, first class fares shall be allowed provided that in such cases the Manager may allow first class fare to any officer or employee.

Amend regulation 101 (1) by deleting the words “or the Chairman of a Board of Inquiry” and inserting “Manager.”

Delete regulation 102, and insert the following in lieu:—

“If the Minister, after such inquiry as he may determine, is of opinion that an officer is unsuitable, inefficient, or incompetent, he may deal with such officer by transferring him to another position with or without reduction in status and/or salary, or he may recommend to the Governor-General that such officer be called upon to retire from the Commonwealth Service and such officer, on being called upon to retire, shall retire accordingly.”


Delete regulations 103 to 121 inclusive, and insert the following:—

Offences by Officers.

“103. (1) If an officer is reported to have committed any of the following offences, viz.:—

(a) A breach of the provision of these Regulations; 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 rise from causes within his own control; or

(e) using intoxicating beverages to excess; or

(f) any disgraceful or improper conduct,

he may be suspended from duty by the Secretary or the Manager.

(2) If the Secretary, after such inquiry as he may determine, is of opinion that an officer is guilty of an offence, he may impose a penalty upon the officer offending or deprive him of his leave of absence during a specified period, or reduce him to a lower status and/or salary; or the Governor-General may dismiss the officer offending or require him to resign.

(3) The suspension may at any time be removed by the Secretary, who shall determine whether any pay shall be allowed the officer for the period of suspension.

(4) In the case of minor offences, an officer may be reprimanded by the Secretary or the Manager without suspension.”

 

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

Overview

The Statutory Rules 1919 No. 207, Regulations for the Conduct and Management of Government Factories, are regulations made under the Defence Act 1903-1918 by the Governor-General in Council, with the purpose of amending existing regulations to streamline the management and reporting requirements of government factories. This legislative instrument addresses gaps in the administrative processes within government factories by delegating certain responsibilities from the Secretary to the Manager, thereby aiming to enhance efficiency and operational oversight. These amendments reflect a shift in policy to allow for more localised decision-making within factories while ensuring accountability through periodic reporting to the Secretary. The regulations were introduced to ensure that the management of government factories aligns with the evolving needs of the Commonwealth during and post-World War I, promoting better governance and efficiency within the public service.

Scope and Application

The Statutory Rules of 1919, No. 207, are regulations under the Defence Act 1903-1918, specifically amending the Regulations for the Conduct and Management of Government Factories. These regulations apply to government factories and their management, detailing the conduct and operational requirements of these entities. The changes include modifications to reporting and record-keeping responsibilities, shifting some duties from the Secretary to the Manager of the factory. Additionally, the regulations address allowances, leave entitlements, and the conditions under which officers may be disciplined or demoted. The scope of these regulations is confined to the Commonwealth of Australia, affecting entities and personnel directly involved in the management and operation of government factories. There are no stated exclusions, exemptions, or thresholds in the provided text, and the application of these regulations is primarily limited to the specified amendments without broader jurisdictional implications.

Key Provisions

The Regulations for the Conduct and Management of Government Factories under the Defence Act 1903-1918 provide a framework for the operation and oversight of government factories. These Regulations have undergone several amendments, with key changes including the substitution of the term "Manager" for "Secretary" in several sections (regulations 29, 30 (3), 33 (1), 42, 48, 49, 53, 54, 56, 74, 79, 80a, 84, 100, and 101 (1)). This shift indicates a change in the administrative authority from the Secretary to the Manager for various operational and reporting aspects. Additionally, several reporting requirements have been removed, such as annual reports on officers in the 'F' and 'Fifth Classes', monthly returns of sick leave, and changes to the permanent staff (regulations 9 and 48). The Regulations also provide for the payment of war bonuses to officers of the Fourth and Fifth Classes under specific conditions (regulation 74), and establish criteria for the appointment of officers with a satisfactory service record in Expeditionary Forces to the Clerical Division (regulations 76 and 83 (2)). The Regulations impose several obligations on parties involved in the management of government factories. Managers are required to keep detailed records of leave granted under certain conditions and submit quarterly returns to the Secretary (regulations 48 and 53). They must also ensure that officers are paid allowances based on their salary rates during the relevant period, whether incremented or not (regulation 80a). The Manager's role extends to managing officer conduct, as they may suspend an officer suspected of various offences, such as breaching regulations, wilful disobedience, or excessive use of intoxicating beverages (regulation 103). The Secretary, on the other hand, retains the authority to investigate officer conduct and impose penalties or recommend dismissal to the Governor-General (regulation 103). Failure to comply with these Regulations can lead to various consequences. For instance, officers found guilty of offences such as breaching regulations, wilful disobedience, negligence, or improper conduct can face suspension, penalties, or even dismissal (regulation 103). The severity of the consequences depends on the nature of the offence, with minor infractions possibly resulting in a reprimand instead of suspension (regulation 103 (4)). These provisions underscore the importance of adherence to the Regulations to maintain the efficient and orderly operation of government factories.

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