STATUTORY RULES.
1955. No. .
REGULATIONS UNDER THE OVERSEAS TELECOMMUNICATIONS ACT 1946-1952.*
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 Overseas Telecommunications Act 1946-1952.
Dated this twenty-third day of November, 1955.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Postmaster-General.
OVERSEAS TELECOMMUNICATIONS COMMISSION REGULATIONS.
Part I.—Preliminary.
Citation.
1. These Regulations may be cited as the Overseas Telecommunications Commission Regulations.
Parts.
2. These Regulations are divided into Parts, as follows :—
Part I.—Preliminary (Regulations 1-5).
Part II.—Appointments and Examinations (Regulations 6-8).
Part III.—Classification and Promotion (Regulations 9-11).
Part IV.—Election of Officers’ Representatives and Deputy Officers’ Representatives (Regulations 12-26).
Part V.—The Promotions Appeal Board (Regulations 27-30).
Part VI.—The Disciplinary Appeal Board (Regulations 31-41).
Part VII.—Furlough Rights of Former Employees of Cable and Wireless Limited (Regulation 42).
Repeal.
3. The Overseas Telecommunications Commission (Staff) Regulations (being Statutory Rules 1947, No. 68 and Statutory Rules 1949, No. 24) are repealed.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“ Staff Circular ” means the circular referred to in regulation 5 of these Regulations ;
“ temporary employee ” means a temporary employee of the Commission ;
* Notified in the Commonwealth Gazette on , 1955.
1404/55.—Price 8d. 10/10.11.1955.
“ the Act ” means the Overseas Telecommunications Act 1946-1952 ;
“ the Company ” means Amalgamated Wireless (Australasia) Limited, or Cable and Wireless Limited, as the case requires.
Staff Circular.
5. The General Manager shall cause to be issued at regular intervals a circular to be known as “ the Staff Circular ” in which shall be published all matters which these Regulations require to be published in the Staff Circular and such other matters as the Commission directs or the General Manager thinks fit.
Part II.—Appointments and Examinations.
Entrance Examination.
6.—(1.) For the purposes of paragraph (b) of sub-section (4.) of section 18 of the Act, each of the following examinations is an examination for appointment to the position of clerk in the lowest grade :—
(a) the examination for the Leaving Certificate conducted by the Department of Education of the State of New South Wales ;
(b) the examination for the School Leaving Certificate conducted by the University of Melbourne ;
(c) the Senior Public examination conducted by the University of Queensland ;
(d) the examination for the Leaving Certificate conducted by the University of Adelaide ;
(e) the examination for the Leaving Certificate conducted by the University of Western Australia ; and
(f) the Schools Board examination conducted by the Schools Board of the State of Tasmania.
(2.) For the purposes of paragraph (b) of sub-section (4.) of section 18 of the Act, each of the following examinations is an examination for appointment to the position of traffic assistant in the lowest grade :—
(a) the examination for the Intermediate Certificate conducted by or on behalf of the Department of Education of the State of New South Wales ;
(b) the examination for the Intermediate Certificate conducted by or on behalf of the University of Melbourne ;
(c) the examination for the Junior Public Certificate conducted by or on behalf of the University of Queensland ;
(d) the examination for the Intermediate Certificate conducted by or on behalf of the University of Adelaide ;
(e) the examination for the Junior Certificate conducted by or on behalf of the University of Western Australia ; and
(f) the examination for the Intermediate Certificate conducted by or on behalf of the Schools Board of the State of Tasmania.
Oath or affirmation.
7.—(1.) The form of oath of allegiance or affirmation of allegiance in the Schedule to these Regulations is the prescribed form of oath or affirmation for the purposes of paragraph (c) of sub-section (3.) of section 18 of the Act.
(2.) The oath or affirmation may be administered by, and shall be made and subscribed before, a member of the Commission, the General Manager or an officer or a person included in a class of officers or persons authorized in writing by the Commission to administer the oath or affirmation.
Prescribed positions for the purposes of section 18 (5A.).
8. All positions other than the positions of clerk in the lowest grade and traffic assistant in the lowest grade are prescribed positions for the purposes of sub-section (5a.) of section 18 of the Act.
Part III.—Classification and Promotion.
Staff list.
9. Copies of a list showing the classification of all officers in the service of the Commission shall be made available at each office of the Commission for the information of officers.
Seniority of officers.
10.—(1.) For the purposes of section 21 of the Act, the Commission shall, subject to this regulation, determine the seniority of officers in accordance with the respective dates on which the officers commenced duty in connexion with telecommunications.
(2.) For the purposes of this regulation—
(a) an officer appointed to the service of the Commission by virtue of sub-section (11.) of section 18 of the Act shall be deemed to have commenced duty in connexion with telecommunications on the date on which he was appointed to the Public Service of the Commonwealth ;
(b) an officer appointed to the service of the Commission by virtue of sub-section (12.) of section 18 of the Act who was a former employee of Amalgamated Wireless (Australasia) Limited shall be deemed to have commenced duty in connexion with telecommunications on the date on which he was appointed to the service of that Company ;
(c) an officer appointed to the service of the Commission by virtue of sub-section (12.) of section 18 of the Act who was a former employee of Cable and Wireless Limited shall be deemed to have commenced duty in connexion with telecommunications on the date which that company recognized, at the time of the appointment of the former employee as an officer, as the date for seniority purposes in relation to the former employee ;
(d) an officer appointed to the service of the Commission on or after the first day of October, 1946, who was, immediately before his appointment, an officer of the Public Service of the Commonwealth or the Public Service of a State shall be deemed to have commenced duty in connexion with telecommunications on the date on which he was appointed to the Public Service of the Commonwealth or the Public Service of the State, as the case may be ; and
(e) an officer, not being an officer referred to in one of the last four preceding paragraphs, shall be deemed to have commenced duty in connexion with telecommunications on the date on which he was appointed to the service of the Commission.
(3.) The respective seniorities of two or more officers who are deemed, under the last preceding sub-regulation, to have commenced duty in connexion with telecommunication services on the same date, shall be determined by the Commission.
Notification of provisional promotion.
11. The provisional promotion of an officer shall be notified—
(a) in the Staff Circular ; and
(b) by air mail or telegram to each coastal radio station and to each cable station at which officers of the Commission are stationed.
Part IV.—Election of Officers’ Representatives and Deputy Officers’ Representatives.
Branches of the Commission.
12.—(1.) For the purpose of this Part—
(a) the Head Office of the Commission and the respective stations of the Commission at La Perouse, Pennant Hills, Fiskville, Rockbank, Doonside and Bringelly shall each be deemed to be a branch of the Commission ; and
(b) the stations of the Commission at Perth, namely, the radio stations of the Commission at Applecross and Bassendean, and the cable station of the Commission at Cottesloe, together shall be deemed to be a branch of the Commission.
(2.) A radio station or cable station of the Commission, not being a radio station or cable station referred to in the last preceding sub-regulation, shall be deemed to be part of the Head Office of the Commission.
Prescribed classes for purposes of sections 23 (4.) and 31 (4.).
13.—(1.) For the purposes of sub-section (4.) of section 23 of the Act, each of the classes of positions specified in the following paragraphs is a prescribed class of positions :—
(a) all positions, except positions having the designations of Senior Clerk and Clerk, in the Traffic Branch and Coastal Radio Service the maximum salaries of which are equal to, or greater than, the maximum salary payable in respect of the position of Supervisor ;
(b) all positions in the Traffic Branch and Coastal Radio Service other than those included in the class specified in the last preceding paragraph except positions having the designations of Senior Clerk, Clerk and Typist ;
(c) all positions, except positions having the designations of Senior Clerk or Clerk, in the Engineering Branch the maximum salaries of which are equal to, or greater than, the maximum salary payable in respect of the position of Supervisor ;
(d) all positions in the Engineering Branch other than those included in the class specified in the last preceding paragraph except positions having the designations of Senior Clerk, Clerk and Typist ;
(e) all positions in the Accounts and Administrative Branches and all positions which are not included in any of the classes specified in the preceding paragraphs of this regulation, being positions the maximum salaries of which are equal to, or greater than, the maximum salary payable in respect of the position of Supervisor ; and
(f) all positions which are not included in any of the classes specified in the preceding paragraphs of this regulation.
(2.) For the purposes of sub-section (4.) of section 31 of the Act, each of the following classes of officers is a prescribed class of officers :—
(a) all officers occupying positions the maximum salaries of which are equal to, or greater than, the maximum salary payable to an officer occupying the position of Supervisor ; and
(b) all officers other than those referred to in the last preceding paragraph.
Conduct of elections.
14. Each election of—
(a) an officers’ representative for each of the classes of positions prescribed, by sub-regulation (1.) of the last preceding regulation to act as a member of the Promotions Appeal Board ;
(b) a deputy officers’ representative for each of those classes to act as a member of the Promotions Appeal Board ;
(c) an officers’ representative for each of the classes of officers prescribed by sub-regulation (2.) of the last preceding regulation to act as a member of the Disciplinary Appeal Board ; and
(d) a deputy officers’ representative for each of those classes to act as a member of the Disciplinary Appeal Board,
shall be conducted in accordance with this Part.
Nominations.
15.—(1.) Whenever an election becomes necessary, the General Manager shall fix a date on or before which nominations of candidates who propose to submit themselves for election are to be made.
(2.) The General Manager shall cause notice of the date so fixed to be published in the Staff Circular and shall, in the notice, invite nominations to be made on or before that date.
(3.) A nomination of a candidate for election—
(a) shall be in writing ;
(b) shall be signed—
(i) in the case of an election of an officers’ representative or a deputy officers’ representative on the Promotions Appeal Board for the classes of positions specified in paragraphs (a), (c) and (e) of sub-regulation (1.) of regulation 13 of these Regulations—by not less than four officers who are eligible to vote at the election for which the candidate is nominated ; or
(ii) in any other case—by not less than ten officers who are eligible to vote at the election for which the candidate is nominated ;
(c) shall have endorsed on it, or shall be accompanied by, a written statement by the person nominated indicating his consent to the nomination and his willingness to act if elected ; and
(d) shall be lodged with the General Manager on or before the date fixed by him under sub-regulation (1.) of this regulation.
Election of officers’ representative.
16.—(1.) If only one candidate is nominated for election to an office, the General Manager shall declare that candidate elected to that office and shall cause notification of the election to be published in the Staff Circular.
(2.) If two or more candidates are nominated for election to an office, a poll of officers who are entitled to vote at that election shall be held to decide the election.
(3.) The General Manager shall cause the names of the persons nominated to be notified in the Staff Circular and shall, in the notification, specify the date, not being a date later than twenty-eight days after the date fixed for receipt of nominations, for the holding of the election.
Eligibility to vote.
17. A person who, at the date on which the notification inviting nominations of candidates for election as officers’ representative for a prescribed class of positions or for election as deputy officers’ representative for such a class of positions was published in the Staff Circular, occupied a position in that prescribed class of positions is eligible to vote at the election of the officers’ representative or deputy officers’ representative for that prescribed class of positions.
Ballot papers.
18. The ballot papers to be used shall, with such alterations as are necessary, be in accordance with Form F in the Schedule to the Commonwealth Electoral Act 1918-1953.
Secret ballot.
19. The poll shall be by way of secret ballot.
Returning Officer.
20.—(1.) For the purposes of the conduct of the poll, the General Manager shall appoint an officer of the Commission to be the Returning Officer.
(2.) The officers of each branch of the Commission shall at a meeting of the branch, specially called for the purpose by the officer in charge of the branch, appoint an officer of the Commission to be the Deputy Returning Officer of that branch.
(3.) For the purpose of this regulation, the Assistant General Manager shall be the officer in charge at the Head Office of the Commission.
Conduct of ballot.
21.—(1.) The Returning Officer shall furnish to each Deputy Returning Officer such directions as he considers necessary for the conduct of the poll.
(2.) Each Deputy Returning Officer shall conduct the ballot at his branch in accordance with the directions of the Returning Officer and shall, immediately after the close of the poll, forward to the Returning Officer the ballot papers of all officers of the Branch who have voted at the poll.
(3.) The Returning Officer may, with the approval of the General Manager, make arrangements to enable officers who are not able to vote at their respective branches to vote by post.
Counting of votes.
22.—(1.) The counting of the votes shall take place in the Head Office of the Commission under the supervision of the Returning Officer.
(2.) The provisions of the Commonwealth Electoral Act 1918-1953 and of the Regulations thereunder relating to an election of a member of the House of Representatives shall, so far as they are applicable and with such alterations as are necessary, but subject to these Regulations, be applied by the Returning Officer in the counting of the votes.
(3.) If any question arises as to the admissibility of any ballot-paper, the question shall be determined by the Returning Officer whose decision shall be final.
Scrutineers.
23.—(1.) Each candidate may appoint one scrutineer, who shall be an officer serving at the Head Office of the Commission or at the station of the Commission at La Perouse, to represent him at the counting of the votes and all the proceedings of the counting shall be open to the inspection of the persons so appointed.
(2.) The Returning Officer shall give to each scrutineer at least two days’ notice of the time at which he proposes to count the votes.
Determination of disputes.
24. Subject to this Part, if any question arises as to the regularity or validity of any nomination or as to the voting at any poll, or otherwise as to any election, it shall be determined by the Chairman of the Commission whose decision shall be final.
Result of poll.
25. The Returning Officer shall notify the General Manager of the result of the election not later than twenty-one days after the date of the poll and the General Manager shall cause notification of the result of the election to be published in the Staff Circular.
Term of office.
26.—(1.) Subject to the next succeeding sub-regulation, an officers’ representative and a deputy officers’ representative shall hold office for a period of one year commencing on the date on which the notification of their election is published in the Staff Circular.
(2.) Where a casual vacancy occurs in the office of officers’ representative or deputy officers’ representative, the officers’ representative or deputy officers’ representative elected to fill the vacancy shall hold office for the remainder of the term of office of the officer to whose office he has been elected.
Part V.—The Promotions Appeal Board.
Definition.
27. In this Part, “ the Board ” means the Promotions Appeal Board.
Appeals against provisional promotions.
28.—(1.) An appeal under sub-section (2.) of section 22 of the Act shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Board.
(2.) Appeals by officers stationed at coastal radio stations and cable stations may be lodged by telegram and, if an appeal is so lodged, it shall be confirmed in writing by the first available post.
(3.) An appeal shall be lodged with the Chairman of the Board within twenty-one days after the date of the Staff Circular in which the provisional promotion is notified.
(4.) Upon the expiration of the period of twenty-one days referred to in the last preceding sub-regulation, the Chairman of the Board shall notify the General Manager whether or not an appeal has been lodged within that period and, if an appeal has been so lodged, shall notify the General Manager of the name of the appellant or appellants.
Hearing of appeals against provisional promotions.
29.—(1.) The Chairman of the Board shall fix the time and place for meetings of the Board and shall cause notice thereof to be given to the members of the Board, to the person provisionally promoted and to the appellant or appellants.
(2.) The procedure at meetings of the Board shall be as directed by the Chairman of the Board.
Determination of appeals.
30. The Chairman shall, forthwith after an appeal has been determined by the Board, furnish a statement of the determination under his hand to the General Manager, to the person provisionally promoted and to the appellant or appellants.
Part VI.—The Disciplinary Appeal Board.
Definition.
31. In this Part, “ the Board ” means the Disciplinary Appeal Board.
Appeals against punishments.
32.—(1.) An appeal under section 30 of the Act shall be in writing, shall state the grounds of appeal and shall be addressed to the Chairman of the Board.
(2.) An appeal shall be lodged with the Chairman of the Board within thirty days after the date on which the appellant receives notice of the matter in respect of which he desires to appeal.
(3.) The Chairman of the Board shall fix a time and place for the hearing of an appeal and shall cause notice thereof to be given to the members of the Board, to the appellant and to the Commission.
Particulars to be furnished.
33.—(1.) The Commission shall furnish to the Chairman of the Board and to the appellant, within seven days after the date on which the Commission receives notice of an appeal, or within such shorter time as the Chairman of the Board determines, particulars of the action taken by the Commission in respect of which the appeal has been lodged and the Commission’s reasons for taking that action.
(2.) The Chairman of the Board may direct that further particulars be furnished, and the Commission shall furnish further particulars accordingly.
Hearing to be in camera.
34. The hearing of an appeal by the Board shall be in camera unless the Board otherwise decides.
Statements relating to appeal.
35.—(1.) The appellant and the Commission may lodge with the Board statements relating to the appeal.
(2.) A copy of a statement lodged under the last preceding sub-regulation, shall be furnished by the appellant or the Commission, as the case may be, to the other party to an appeal.
Evidence.
36.—(1.) On the hearing of an appeal the appellant and the Commission may call oral evidence.
(2.) The Chairman may, by writing under his hand, summon any person to attend the Board at a time and place mentioned in the summons and then and there to give evidence and to produce such books, documents and writings in his custody or control as are specified in the summons.
(3.) A summons under the last preceding sub-regulation shall be served personally or by leaving it at the usual place of abode of the person to whom it is addressed.
(4.) A person served with a summons to attend the Board shall not, without reasonable excuse, fail to attend the Board or to produce any documents, books or writings in his custody or control which he is required by the summons to produce.
Penalty : Fifty pounds.
(5.) It is a defence to a prosecution for an offence under the last preceding sub-regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Board.
(6.) A person appearing as a witness before the Board shall not refuse—
(a) to be sworn or to make an affirmation ; or
(b) to answer any question relevant to the matter before the Board put to him by a member of the Board.
Penalty : Fifty pounds.
(7.) Nothing in the last preceding sub-regulation requires a person to answer any question which would tend to incriminate him.
Representation by appellant and Commission.
37.—(1.) An appellant may be represented by not more than one counsel or solicitor or by an officer of the Commission and the appellant’s representative may examine witnesses and address the Board on behalf of the appellant.
(2.) The Commission may be represented by not more than one counsel or solicitor or by an officer of the Commission appointed for the purpose by the General Manager and the Commission’s representative may examine witnesses and address the Board on behalf of the Commission.
Board not to be bound by rules of evidence.
38. The Board shall make a thorough investigation without regard to legal form and solemnities and shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit.
Proceedings where appellant or witness in remote locality.
39.—(1.) Where it appears to the Board that it is undesirable by reason of an appellant being stationed in a remote locality or by reason of expense, inconvenience or delay to require the appellant or any particular witness to attend before the Board to give evidence, the Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.
(2.) The person so appointed shall take the evidence of the appellant or witness on oath or affirmation and for the purpose of so doing shall have all the powers of the Chairman of the Board.
(3.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Board and considered by it in connexion with the appeal.
(4.) A party to an appeal is entitled to be represented, in the manner provided by regulation 37 of these Regulations, before a person taking evidence in pursuance of this regulation.
(5.) Nothing in this regulation prevents an appellant from appearing in person at the hearing of an appeal by the Board.
Decision of the appeal.
40. A statement of the decision of the Board under the hand of the Chairman shall be furnished to the Commission and the appellant within seven days after the decision is made.
Costs.
41.—(1.) The Board may recommend that all or any part of the costs or expenses incurred by an appellant in connexion with an appeal be paid by the Commission, in which case the Commission shall make payment accordingly.
(2.) The Board may make a recommendation under the last preceding sub-regulation, whether or not the appeal was successful.
Part VII.—Furlough Rights of Former Employees of Cable and Wireless Limited.
Period which is deemed to be a period of employment by the Commonwealth for the purposes of section 18b of the Act.
42.—(1.) In this regulation, “ the Company ” means Cable and Wireless Limited.
(2.) For the purposes of the application of the Commonwealth Employees’ Furlough Act 1943-1953 in relation to an officer appointed under sub-section (12.) of section 18 of the Act who was a former employee of the Company, the period for which the officer was employed continuously by the Company immediately before his appointment as an officer and after the seventh day of April, 1929, shall be deemed to be a period of employment by the Commonwealth, subject to the condition that, in the case of an officer who was so employed continuously for a period exceeding ten years, each year during which the officer was so employed in excess of ten years shall, for the purposes of this regulation, be deemed to be a period of employment of two-ninths of a year.
THE SCHEDULE.
OATH.
I, A.B., do swear that I will be faithful and bear true allegiance to the Queen, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom,
So Help me God!
AFFIRMATION.
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the Queen, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.