STATUTORY RULES.
1935. No. 42.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
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 1910-1934.
Dated this first day of May, 1935.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Naval Establishments Regulations.†
Operation of amendments.
1.—(1) Regulation 2 of these Regulations shall be deemed to have come into operation on the sixth day of August, 1934.
(2) Regulation 3 of these Regulations shall be deemed to have come into operation on the fourteenth day of August, 1934.
(3) Regulations 4 and 5 of these Regulations shall be deemed to have come into operation on the sixth day of June, 1934.
Furlough.
2. Regulation 55 of the Naval Establishments Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) When an officer who has continued in the Commonwealth Service for at least twenty years is retiring from the Commonwealth Service, the Naval Board may authorize payment to him upon retirement of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under sub-regulation (1) of this regulation.”
3. Regulation 58 of the Naval Establishments Regulations is repealed and the following regulation is inserted in its stead:—
Leave for Defence purposes.
“58.—(1) Leave of absence for the purpose of attending Naval, Military or Air Force training may be granted under the following conditions by the Officer-in-Charge in any year ending on the thirtieth day of June to an officer or employee who is a member of the Defence Force:—
(a) For attendance for training of the unit or corps to which the officer or employee belongs—With full pay for the minimum annual training required in the year of his unit or corps.
* Notified in the Commonwealth Gazette on , 1935.
† Statutory Rules, 1926, No. 197, as amended by Statutory Rules, 1927, No. 137; 1928, No. 73; 1929, No. 72; 1930, Nos. 93 and 137; 1931, Nos. 26 and 80; 1932, Nos. 29 and 54; 1933, Nos. 56 and 116; and 1934, Nos. 88 and 89.
1143.—9/4. 4. 1935.—Price 3d.
(b) For attendance at one school, class, or course of instruction in the year—With full pay for two days, and without pay for any additional period for which the attendance of the officer or employee is required.
Provided that evidence of the necessity for such attendance shall be submitted with the application of the officer or employee, and, at the conclusion of the camp, school, class or course of instruction, the officer or employee shall produce to the Officer-in-Charge a certificate of attendance thereat:
Provided also that if it would not be in the public interest to grant leave of absence under this regulation to an officer or employee for the purpose of attending a camp, school, class or course of instruction of his own unit or corps, the Officer-in-Charge may grant in lieu leave of absence as prescribed in this regulation for the purpose of attending an equivalent camp, school, class or course of instruction of another unit or corps.
(2) Leave of absence granted with pay under this Regulation shall not be deducted from recreation leave.
(3) An officer or employee who, while undergoing the training referred to in this regulation, sustains injury or contracts illness necessitating his absence from duty beyond the period of leave with full pay granted under this regulation may be granted leave on the following terms:—
(a) If compensation is not paid to the officer or employee by the Department of Defence in respect of such absence, the leave may be granted as sick leave.
(b) If compensation is paid, and is equal to or exceeds the amount of remuneration which the officer or employee would have received had he been granted sick leave, the leave shall be granted without pay.
(c) If compensation is paid, and is less than the amount of remuneration which the officer or employee would have received had he been granted sick leave, he shall be paid the difference and his sick leave credit shall be reduced as if he had been granted sick leave with pay corresponding to the amount of the difference.
Provided that where an employee’s services are not further required, leave shall only be granted to the date on which he would have ordinarily ceased duty.”
Medical certificate in cases of sick leave.
4. Regulation 61, sub-regulation (1), of the Naval Establishments Regulations, is repealed and the following sub-regulation is inserted in its stead:—
“(1) Applications for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner.
Provided that the Officer-in-Charge may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of three days in the aggregate in any twelve months, subject to any continuous period of leave so granted not exceeding two days.”
Sick leave for temporary officers.
5. Regulation 67, sub-regulation (1) of the Naval Establishments Regulations, is amended—
(a) by omitting from paragraph (c), sub-paragraph (i), the following:—
“subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in the preceding twelve months.”
(b) by inserting after paragraph (d) the following paragraph:—
“(e) Unless otherwise directed by the Officer-in-Charge the production of a medical certificate shall not be necessary in respect of single day absences not exceeding two in the preceding twelve months; otherwise all applications for sick leave to cover absence through illness shall be supported by a medical certificate.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.