Employment of Persons in a Civil Capacity in Connexion with the Department of Defence Under Section 63 Sub-sections 1 and 2 of the Defence Act Regulations (Amendment)

STATUTORY RULES.

1918. No. 210.

REGULATIONS UNDER THE DEFENCE ACT 1903–1918.

Regulations for the Employment of Persons in a Civil Capacity in Connexion with the Department of Defence—Amendments.

I, SIR ARTHUR LYULPH STANLEY, Deputy of 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 on and from the 26th day of August, 1918.

Dated this fourteenth day of August, 1918.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

Regulations for the Employment of Persons in a Civil Capacity in Connexion with the Department of Defence—Amendments.

Amend regulation 1 as follows:—

Insert after Definition of “Minister”.

“Board of Business Administration” means the Board of Business Administration appointed under the Defence Act 1903/18; and so far as concerns officers and employees engaged in the Sections under the control or coming within the functions of such Board, the words “Board of Business Administration” shall be read in lieu of the word “Secretary” wherever the latter appears in these Regulations

Amend definition of “Chief Officer” as follows:—

“Chief Officer” means the Secretary to the Department of Defence; the Commandant of a Military District; the Commandant of Royal Military College as regards officers or employees appointed to the College; or any officer nominated by the Board of Business Administration in lieu of the above as regards officers and employees engaged in the Sections under the control or coming within the functions of the Board.

Delete regulation 2 and insert the following new regulations:—

Responsibility of Board of Business Administration.

2a. The Board of Business Administration shall be responsible for the general administration of officers and employees engaged in the Sections of the Department under their control or coming within their powers and functions, and shall advise the Minister on all matters relating thereto.

Responsibility of Secretary.

2b. The Secretary shall be responsible for the general administration of all officers and employees of The Department other than those under the control of the Board of Business Administration and shall advise the Minister on all matters relating thereto.

Staff Committee.

2c (a) There shall be a Staff Committee consisting of a nominee of each of the following, viz.:—The Board of Business Administration (whose nominee shall be Chairman), the Secretary, the Adjutant-General, and the Public Service Commissioner.

(b) The nominee of the Public Service Commissioner shall act on the Committee only in cases where the matter to be dealt with relates to an officer or employee who but for the operation of the Defence (Civil Employment) Act 1918, would have been subject to the Commonwealth Public Service Act.

(c) The nominee of the Adjutant-General shall act on the Committee only in cases other than those referred to in (b) above.

(d) Where a matter of a general nature applying to all classes of officers or employees under these Regulations is to be dealt with, the nominees of the Adjutant-General and the Public Service Commissioner shall both act on the Committee, and in case of equal voting, the Chairman shall have a casting vote.

(e) The nominee of the Secretary shall also act as Staff Inspector and shall make such inspections and inquiries as may be necessary for the information of the Committee, but the Committee may nominate any other person or persons to make inspections or inquiries on its behalf.

Functions of Staff Committee.

2d. The Staff Committee shall advise the Board of Business Administration or the Secretary, as the case may require, on all proposals and matters under these Regulations and the Defence (Civil Employment) Act 1918, relating to officers and employees of the Department, referred to it for consideration.

Public Service Act and Regulations.

2e. Where any matter is not provided for by these Regulations, the provisions of the Commonwealth Public Service Act and Regulations thereunder shall apply as if they formed part of these Regulations.

Amend regulation 3 as follows:—

Delete the following under heading “Annually”:—

Insert the following:—

Quarterly.

Delete the following under heading “Monthly”:—

Amend regulation 4 as follows:—

Omit “4.30” and insert “5”. Omit “three-quarters of an” and insert “one”.

Cancel regulation 10.

Amend regulation 23 (3) as follows:—

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

Amend regulation 30 (1) as follows:—

Omit “A Board of Inquiry” and insert “The Staff Committee or any person or persons nominated by them.”

Amend regulation 30 (2) as follows:—

Omit “A Board of Inquiry” and insert “The Staff Committee or any person or persons nominated by them.”

Insert the following new regulation:—

War Service.

53b. Any person who is employed in a civil capacity in connexion with the Defence Force and who is or becomes a member of any unit of the Australian Military Forces and is on War Service and in receipt of pay as a member of the Military Forces shall be deemed to be on leave of absence without pay from his office under these Regulations during the period of his service with the Australian Military Forces as aforesaid, but such period of service shall for all purposes be included as part of his service under these Regulations.

Amend regulation 74 (1) as follows:—

Table “A”.

Omit figures “12” in column “Amount of Increments” opposite Grades III. and IV.

Table “B”.

Omit figures “12” in column “Amount of Increment” wherever they appear opposite Grade III. or Grade IV.

Omit the following:—

Delete regulation 79 and insert the following:—

79. An employee in Grade III. or Grade IV. shall be paid such salary within the limits shown in Table B of Regulation 74 (1) as may be determined from time to time by the Board of Business Administration or the Secretary as the case may require.

Amend regulation 80 by omitting the word “Seniority”.

Delete regulation 81a and insert the following new regulations:—

Offences by Employees.

81a. If an officer or employee in charge or sub-charge is of opinion that an employee under his supervision has committed any of the offences named in Regulation 113, he may temporarily suspend such employee from duty, and shall immediately report the matter to the Head of the Branch or Office or the Chief Officer.

81b. If an employee is reported to have committed any of the offences named in regulation 113 he may be suspended from duty by the Board of Business Administration, the Secretary, the Chief Officer or the head of the Branch or Office as the case may require.

81c. If, after inquiry, an employee is deemed to be guilty of an offence, the Board of Business Administration or the. Secretary, as the case may require, may impose a penalty upon the employee 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 Minister may terminate his appointment and such employee shall thereupon cease to be employed by the Commonwealth.

81d. The suspension may at any time be removed by the Board of Business Administration or the Secretary, as the case may require, who shall determine whether any pay shall be allowed the employee for the period of suspension.

81e. In the case of minor offences, an employee may be reprimanded by the Board of Business Administration, the Secretary, or the Chief Officer, without suspension.

Delete regulation 82 and insert the following:—

Termination of Appointment.

82. If, after inquiry, an employee is deemed to be inefficient or incompetent or it is considered that a reduction of staff is necessary or that the services of the employee are no longer required, the Minister, on the recommendation of the Board of Business Administration, or the Secretary, as the case may require, may terminate his appointment and such employee shall thereupon cease to be employed by the Commonwealth.

Delete regulation 84 and insert the following:—

Quarterly Return of Temporary Employees.

84. Each Chief Officer shall furnish the Secretary with a quarterly return in triplicate of all temporary employees employed in his District at the end of the quarter. The return shall be divided into Branches and shall give the following particulars:—

(1) Name of employee.

(2) Position occupied.

(3) If male, whether he is a returned soldier. If female, whether she is the mother, daughter, sister, or widow of a soldier who has served abroad with the A.I.F.

(4) If negative answer to (3) what are special reasons for employment.

(5) Rate of pay and date of receipt.

(6) Date first employed.

(7) Whether continued employment necessary.

Amend regulation 98 by omitting the word “Seniority”.

Amend regulation 103 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 sub-division as the Minister may determine.”

Delete regulation 105 and insert the following:—

“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 106 by omitting the word “Seniority”.

Insert the following new regulation:—

106a. From the commencement of the Defence (Civil Employment) Act 1918, persons who were prior thereto employed as Military Staff Clerks under the regulations relating to the Permanent Military Forces shall become and be deemed to be officers of the Clerical Division with classification therein corresponding to their previous grading as Military Staff Clerks.

Amend regulation 107 (2) by omitting all words after the word accrue”.

Insert the following new regulation:—

Special Allowances.

108a. Where an officer is employed on work, not of a permanent nature, arising out of the war, and such work, in the opinion of the Board of Business Administration or the Secretary, as the case may be, warrants a higher rate of pay than that received by the officer, the Minister may grant the officer an allowance in addition to his salary, and such allowance shall continue only so long as the officer is engaged on such work.

Amend regulation 109 (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.

Cancel regulation 109 (3).

Delete regulation 112 and insert the following:—

Incapacity of Officers.

112. If, after inquiry, an officer is deemed to be unsuitable, inefficient, or incompetent, the Minister, on the recommendation of the Board of Business Administration or the Secretary, as the case may require, 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 113 to 131 inclusive and insert the following:—

Offences by Officers.

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

(a) A breach of the provisions 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

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(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

he may be suspended from duty by the Board of Business Administration, the Secretary, the Chief Officer or the head of the Branch or Office as the case may require.

(2) If, after inquiry, an officer is deemed to be guilty of an offence, the Board of Business Administration or the Secretary, as the case may require, 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 Board of Business Administration or the Secretary, as the case may require, 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 Board of Business Administration, the Secretary, or the Chief Officer, without suspension.

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