Naval Establishments Regulations (Amendment)

STATUTORY RULES.

1955 No. 46.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

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 Naval Defence Act 1910-1952.

Dated this eighteenth

day of June 1955.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

Amendments of the Naval Establishments Regulations.†

Commencement.

1.—(1.) Regulations 6 and 7 of these Regulations shall be deemed to have come into operation on the first day of July, 1952.

(2.) Regulations 8 and 9 of these Regulations shall be deemed to have come into operation on the first day of July, 1954.

Deduction for loss, damage or expense incurred by neglect or misconduct of officer or employee.

2. Regulation 41 of the Naval Establishments Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2.) Where the Naval Board considers that an officer or employee has, by his neglect or misconduct, caused or contributed to—

(a) any loss, damage or expense suffered or incurred by the Commonwealth (including loss of public moneys); or

(b) any deficiency in the stores or materials of the Commonwealth which is not accounted for to the satisfaction of the Naval Board,

whether the loss, damage, expense or deficiency was suffered or incurred in relation to Government property in the possession, custody or care of the officer or employee or otherwise, the officer or employee shall pay to the Commonwealth such amount, not exceeding an amount which the Naval Board considers sufficient to reimburse the Commonwealth for the loss, damages, expense or deficiency, as the Naval Board directs to be paid by the officer or employee.

* Notified in the Commonwealth Gazette on  1955.

† Statutory Rules 1936, No. 107, as amended to date. For previous amendments of the Naval Establishments Regulation see footnote † to Statutory Rules 1954, No. 31 ; and see also Statutory Rules 1954, No.4538.—Price 5d.              9/1.11.1054.

“(3.) An amount which the Naval Board directs under this regulation to be paid by an officer or an employer, shall be deemed to be a debt due and payable by the officer or employee to the Commonwealth and, without prejudice to the right of the Commonwealth to recover the amount by other means, may be deducted in such instalments, and in such manner, as the Naval Board directs from the salary or wages of the officer or employee.”.

Rates of pay and increments.

3. Regulation 43 of the Naval Establishments Regulations is amended by inserting in the table in sub-regulation (1) after the words—

“Physiotherapist (Female)................................ | 515–587 | 2 of 36”

the words—

“Senior Armament Artificer...............................| 656–692 | 2 of 18”.

Recreation leave.

4. Regulation 55 of the Naval Establishments Regulations is amended by omitting sub-regulation (1a).

Deductions from recreation leave on account of other absences.

5. After regulation 55 of the Naval Establishments Regulations the following regulation is inserted :—

“55a.—(1.) Where—

(a) an officer or employee is eligible for the grunt of leave of absence for recreation; and

(b) the officer or employee has—

(i) during the period after the date of the expiration of the leave of absence for recreation granted to him immediately before he became so eligible for the grant of leave of absence for recreation; or

(ii) in the case of an officer or employee who has not previously been granted leave of absence for recreation—during the period after the date on which he commenced duty,

been granted leave of absence under regulations 56, 58 or 60 of these Regulations for more than fifty-one working days in one or more periods,

the period of leave of absence for recreation which may be granted to the officer or employee shall be reduced by one and one-half days for each twenty-six working days (other than the first twenty-six working days) on which the officer or employee has been absent from duty during that period.

“(2.) Where—

(a) an officer or employee is eligible for the grant of leave of absence for recreation; and

(b) the officer or employee has—

(i) during the period, after the date of the expiration of the leave of absence for recreation granted to him immediately before he became so eligible for the grant of leave of absence for recreation; or

(ii) in the case of an officer or employee who has not previously been granted leave of absence for recreation—during the period after the date on which he commenced duty,

been granted leave of absence under regulation 61 of these Regulations for more than twenty-six working days in one or more periods,

the period of leave of absence for recreation which may be granted to the officer or employee shall, if the period during which the officer or employee was absent on the leave of absence under regulation 61 of these Regulations is not to be included as part of the officer’s or employee’s period of service, be reduced by one and one-half days for each twenty-six working days on which the officer or employee was absent from duty on leave of absence under that regulation.

“(3.) Where—

(a) by reason of the operation of paragraph, (b) of sub-regulation (4) of regulation 56 of these Regulations, as in force immediately before the commencement of this regulation, an officer was not granted leave of absence for recreation or a period of leave of absence for recreation was regarded as part of the period of furlough granted under that first-mentioned regulation; and

(b) the officer is granted leave of absence under regulation 56 of these Regulations as in force after that commencement,

the period for which the officer is absent on that last-mentioned leave of absence shall not be taken into account for the purposes of sub-regulation (1.) of this regulation.”.

Furlough.

6. Regulation 56 of the Naval Establishments Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “twenty years” and inserting in their stead the words “fifteen years”;

(b) by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2.) Where an officer whoso period of continuous service under these Regulations is not less than fifteen years is retiring or is being retired from service, the Naval Board may, in lieu of granting leave to the officer under sub-regulation (1.) of this regulation, authorize payment to the officer, upon his retirement from service, of a sum not exceeding his salary for a period equal to the period of leave on full salary which the officer could have been granted under that sub-regulation.”.

Extended leave on retirement when ineligible for furlough.

7. Regulation 57 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

“57.—(1.) The Naval Board may grant to an officer whose period of continuous service under these Regulations is not less than four years but is less than fifteen years, immediately prior to his retirement from service on, or subsequent to, his attaining the age of sixty years, leave of absence on full salary as follows:—

(a) where the period of service of the officer is not less than four years but is less than eight years—two months;

(b) where the period of service of the officer is not loss than eight years but is less than twelve years—three months;

(c) where the period of service of the officer is not less than twelve years but is loss than fifteen years—four months.

“(2.) Where an officer is eligible for leave under the last preceding sub-regulation, the Naval Board may, in lieu of granting that leave, authorize payment to the officer upon his retirement from service, of a sum not exceeding his salary for a period equal to the period of leave which the officer could have been granted under that sub-regulation.

“(3.) Where an officer who is less than sixty years of age—

(a) retires from service after not less than four years’ service but less than fifteen years’ service and satisfies the Naval Board that his retirement is due to ill-health that is permanent and is not due to misconduct or causes within his own control; or

(b) is retired from service under regulation 11. of these Regulations after not less than eight years’ service, but less than fifteen years’ service,

the Naval Board may authorize payment to the officer of a sum not exceeding his salary for a period equal to the period of leave which the officer could have been granted under sub-regulation (1.) of this regulation if he had attained the age of sixty years.

“(4.) Where, before an officer has completed fifteen years’ service and either before or after he has attained the age of sixty years—

(a) the officer dies; or

(b) the Naval Board after consideration of all the circumstances directs that the death of the officer be presumed,

the Naval Board may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary which the Naval Board could have authorized to be paid to the officer under sub-regulation (2.) of this regulation if—

(c) he had retired from service on the date of his death or, where the Naval Board has directed that the death of the officer be presumed, on a date determined by the Naval Board; and

(d) in the case of an officer who had not attained the age of sixty years at that date—he had attained that age.

“(5.) The official conduct record of an officer shall be taken into consideration in determining whether, and to what extent, leave of absence shall be granted, or payment authorized, in accordance with this regulation.”.

Rates of travelling allowances.

8. Regulation 75 of the Naval Establishments Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Allowances to officers working within defined Districts.

9. Regulation 76 of the Naval Establishments Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.