STATUTORY RULES.
1943. No. 300.
REGULATIONS UNDER THE HIGH COMMISSIONER ACT 1909-1940.*
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 High Commissioner Act 1909-1940.
Dated this eighth day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
For Prime Minister.
Amendments of the High Commissioner (Staff) Regulations.†
Variations of salary on account of variations in the cost of living.
1. Regulation 14 of the High Commissioner (Staff) Regulations is amended by omitting from paragraphs (a), (b) and (c) thereof the word “year” (wherever occurring) and inserting in its stead the words “six months”.
Sick leave.
2. Regulation 73 of the High Commissioner (Staff) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(6.) Notwithstanding anything contained in sub-regulations (4.) and (5.) of this regulation, an officer who, having been retired from the First or the Second Class of the Service in accordance with regulation 68 or regulation 70 of these Regulations, is employed as an officer of the Third Class may, subject to sub-regulations (1.), (2.) and (3.) of this regulation, be granted leave of absence as specified in the following table:—
Qualifying period of service as an officer of the Third Class. | Total period of leave allowable. |
After the date of his commencing duty and during the period of his first two years’ service | Twenty-four days on full pay |
After the date of his completion of two years’ service and during the year following that date | Twelve days on full pay |
During each succeeding year of service................ | Twelve days on full pay |
* Notified In the Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 258, as amended by Statutory Rules 1943, No. 73.
7161.—Price 3d. 20/25.11.1943.
Any leave of absence allowable under this sub-regulation which is not availed of by an officer during the period in respect of which it accrues shall be allowed to accumulate.
“(7.) If, at the expiration of the total period of leave of absence allowable to him under this regulation, an officer does not resume his duties, his services shall be terminated by the High Commissioner.”.
3. After regulation 73 of the High Commissioner (Staff) Regulations the following regulation is inserted:—
Officers with prior service.
“73a. Where a person is appointed to be an officer of the Third Class and his services as such an officer have previously been terminated—
(a) in accordance with sub-regulation (7.) of the last preceding regulation; or
(b) owing to the requirements of the Service,
the continuity of his service shall be deemed not to have been broken, for the purposes of sick leave, recreation leave or incremental advancement, if, during a period not exceeding fourteen months prior to that leave or advancement, he was employed for a total period of twelve months.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943, No. 300, enacted under the High Commissioner Act 1909-1940, address the need to amend the existing regulations concerning staff salaries, leave entitlements, and service continuity. This legislative instrument was introduced to adjust certain provisions in response to changing circumstances, particularly those related to the cost of living and service disruptions during a period of significant global upheaval. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the urgency and importance of these amendments. The policy objective appears to be to provide flexibility and fairness in staff management within the High Commission, ensuring that staff entitlements and service continuity are adapted to meet the evolving needs of the organisation and its personnel.
Scope and Application
The Regulations under the High Commissioner Act 1909-1940 primarily apply to the staff of the High Commissioner, specifically targeting the Third Class officers within the service. These regulations are designed to amend the High Commissioner (Staff) Regulations, focusing on aspects such as variations in salary on account of variations in the cost of living and adjustments to leave entitlements. The changes introduced by these regulations include modifications to the frequency of salary reviews from annual to bi-annual assessments and the introduction of specific leave entitlements for officers transitioning to the Third Class, including provisions for leave accumulation and termination conditions. The geographic reach of these regulations is inherently tied to the Commonwealth, as they govern the administrative and operational aspects of the High Commissioner's office, which is a federal entity. Notably, these regulations do not explicitly state exclusions or exemptions but imply that they apply to all officers within the specified class and under the purview of the High Commissioner Act. The regulations can extend or restrict their application through subordinate instruments, allowing for further detailed rules or clarifications to be established as needed.
Key Provisions
The main provisions of these regulations, specifically under Statutory Rules 1943, No. 300, relate to amendments to the High Commissioner (Staff) Regulations. Regulation 14 has been amended to adjust the frequency of salary reviews from yearly to every six months. This change aims to ensure that staff salaries are more responsive to changes in the cost of living, providing timely adjustments rather than waiting a full year. Regulation 73 has been expanded to allow officers who have been retired from the First or Second Class of the Service and are subsequently employed in the Third Class to be granted specific leave entitlements. The regulation includes a detailed schedule of leave accrual based on the duration of service in the Third Class, allowing up to 24 days of leave in the first two years, followed by 12 days each subsequent year. Additionally, leave not used within its applicable period can accumulate, and if an officer does not resume duties after the total allowable leave period, their services will be terminated.
These regulations impose several obligations on the High Commissioner and the staff involved. Firstly, the High Commissioner must ensure that salary reviews occur every six months to reflect changes in the cost of living. Secondly, when rehiring former staff into the Third Class, the High Commissioner must assess whether the previous employment period qualifies for continuity of service for leave and advancement purposes. This involves verifying that the former employee was employed for at least 12 months within 14 months prior to reappointment. Failure to adhere to these provisions could result in incorrect salary adjustments and leave entitlements, impacting both the employer's compliance and the employee's benefits.
Violation of these regulations could lead to civil consequences. For instance, if the High Commissioner fails to implement the mandated six-monthly salary reviews, the affected staff may have grounds to seek redress for improper salary adjustments. Additionally, if leave entitlements are not correctly applied or if services are terminated without proper adherence to the leave provisions, the affected employees could pursue legal action for wrongful termination or denial of leave. The precise nature and extent of penalties or remedies would depend on the specific circumstances and any applicable employment or administrative laws.