Repatriation (Staff) Regulations

STATUTORY RULES.

1941. No. 259.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920–1940*

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 Australian Soldiers’ Repatriation Act 1920–1940.

Dated this fifth day of November, 1941.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

———

REPATRIATION (STAFF) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Repatriation (Staff) Regulations.

Repeal.

2. The Statutory Rules set out in the First Schedule to these Regulations are repealed.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Appointments.

Part III.—Administration and Functions of Officers.

Part IV.—Classification and Salaries.

Part V.—Vacancies, Promotions and Transfers.

Part VI.—Attendance, Hours of Duty and Overtime.

Part VII.—Leave of Absence and Holidays.

Part VIII.—Allowances.

Part IX.—Retirement of Officers.

Part X.—Offences.

Part XI.—Miscellaneous.

Part XII.—Temporary Employees.

* Notified in the Commonwealth Gazette on , 1941.

6614.—20/20.10.1941.—Price 2s.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“Auxiliary Services Staff” means officers appointed under the Act in connexion with institutions or factories conducted by the Commission;

“branch office” means the administrative office established by the Commission in the capital city of each State of the Commonwealth, but does not include the Auxiliary Services administered therefrom;

“classification” means the arrangement of officers in Divisions and grades and includes the allotment to offices of salary ranges according to the value of the work;

“classified office” means an office in the Service the classification of which is prescribed by, or allotted by the Commission pursuant to, these Regulations;

“Deputy Commissioner”, in relation to officers employed in any State, means the officer occupying the office and exercising the functions of Deputy Commissioner in that State;

“factory” means a factory established for the purposes of manufacture or repair of artificial replacements and surgical appliances;

“grade” means the ranking of a classified office in the classification according to the salary range allotted to that office;

“General Orders” means General Orders issued by the Commission;

“Headquarters” means the Commission’s central administrative office;

“institution” means an institution established for the purposes of medical treatment or care;

“officer” means a person, appointed to a classified office by the Commission, whose name has been published in the Gazette pursuant to sub-section (3a.) of section 21 of the Act, and includes a person appointed on probation under regulation 7 of these Regulations;

“Regulations” means Regulations made under the Act;

“Rulings” means rulings made and promulgated by the Commission;

“standard salary” means the rate of salary payable to an officer under these Regulations exclusive of any variation of that rate pursuant to regulation 24 of these Regulations;

“temporary employee” means a person, employed by the Commission, who is not appointed to a classified office;

“the Act” means the Australian Soldiers Repatriation Act 1920–1940, and, if, at any time, that Act is amended, means that Act as so amended;

“the Chief Clerk” means the officer occupying the office of Chief Clerk at the branch office in any State;

“the Commission” means the Repatriation Commission appointed under the Act;

“the Department” means the Department of Repatriation;

“the Secretary” means the officer appointed as Secretary of the Commission;

“the Service” means the service of the Commission, but does not include temporary employment.

“the war” means any war in which His Majesty has been engaged since the fourth day of August, One thousand nine hundred and fourteen, or in which His Majesty is, or may be, engaged.

Part II.—Appointments.

Medical examination of prospective appointees.

5. An appointment shall not be made to a classified office until a departmental Medical Officer has made a careful medical examination of the applicant and has furnished a certificate that the applicant is in sound bodily health and free from physical defects, or, if he is suffering from some disability due to war service, that the disability will not incapacitate him for the efficient discharge of the duties of the office to which he is to be appointed and is not likely to be aggravated the nature of his duties.

Evidence of age

6.—(1.) A person appointed to a classified office shall, within fourteen days of a request being made therefor, forward to the Deputy Commissioner a properly certified extract from an official register of births, or other evidence of age satisfactory to the Commission.

(2.) If the appointee does not, within the time specified, forward the required certificate or other satisfactory evidence of age, or if he furnishes evidence of age which is not considered satisfactory by the Commission, the Commission may cancel the appointment.

Appointments to be on probation.

7.—(1) Except as hereinafter provided, every person appointed to a classified office shall, in the first instance, be appointed on probation only, and may be continued on probation for a period of six months, but his services may be dispensed with by the Commission at any time during that period.

(2) After the period of six months on probation has expired, the Commission may, upon a report from the Deputy Comissioner, confirm or annul the appointment, or extend the period of probation for a further period, but the whole term of probation shall not in any case exceed twelve months.

(3.) The Commission may at any time during an extended period of probation, upon a report from the Deputy Commissioner, confirm or annul the appointment.

(4.) Upon the expiration of the extended period of probation of any probationer whose appointment has not been confirmed or annulled under the provisions of the last preceding sub-regulation, the Commission shall, upon a report from the Deputy Commissioner, confirm or annul the appointment.

(5.) Unless otherwise directed by the Commission, annulment of appointment shall take effect from the date on which the probationer ceases to perform the duties of the office.

(6.) Unless otherwise determined by the Commission, a probationer whose appointment has been annulled shall not be again eligible for appointment on probation at any time within twelve months from the date of annulment.

Oath or affirmation.

8.—(1.) An officer on commencing duty may be required to make and subscribe an oath or affirmation in the form in the Second Schedule to these Regulations.

(2.) A member of the Commission, a Deputy Commissioner or any officer thereunto authorized in writing by the Commission or a Deputy Commissioner may administer the oath or affirmation.

Part III.—Administration and Functions of Officers.

Exercise of powers and functions.

9. Any power or function which by these Regulations is conferred on a Deputy Commissioner may also be exercised or performed by the Commission or, in relation to the administration of Head-quarters, by the Secretary.

Responsibility of Deputy Commissioner.

10. A Deputy Commissioner shall comply with all instructions received from the Commission and shall be responsible to the Commission for the proper and efficient working of the branch office, institutions and factories in his State, and for all the administrative business thereof.

Officers to be given written instructions.

11. A Deputy Commissioner shall take such action as is necessary to ensure that—

(a) unless otherwise directed by the Commission, each officer is supplied with written instructions as to his duties, and that a copy of these instructions signed by the officer concerned is filed in his office; and

(b) a copy of all instructions from the Commission is issued to each officer affected by them.

Excess officers.

12.—(1.) Whenever a Deputy Commissioner finds that the number of officers at a branch office, institution or factory under his control is greater than the volume of work demands, or can be reduced through re-arrangement of duties or improved methods of working, he shall forthwith report the circumstances to the Commission.

(2.) In reporting to the Commission that, in his opinion, the staff of a branch office, institution or factory may be reduced, the Deputy Commissioner shall furnish a recommendation as to the officer or officers whose services he considers should be dispensed with and shall furnish his reasons for the recommendation.

(3.) If at any time the Commission finds that the number of officers employed in any branch office, institution or factory is greater than is necessary for the efficient working of that, branch office, institution or factory, the Commission may transfer any officer in the branch office, institution or factory to such other position of equivalent grade as the officer is competent to fill, and if no such position is available the Commission may transfer the officer to a position of lower grade. If no position is available for the officer, the Commission may retire him from the Service.

Functions of officers in charge of sections.

13.—(1.) An officer in charge of an institution or factory or a section of a branch office shall be responsible to the Deputy Commissioner for the proper and efficient working of the institution, factory or section, and shall afford the Deputy Commissioner his utmost aid and support.

(2.) Any such officer shall report in writing to the Deputy Commissioner—

(a) when he considers that a reduction of staff can be made by reason of decrease in the volume of work or by re-arrangement of duties; and

(b) any breach, of the Act, Regulations or official instructions that comes to his knowledge.

Functions of clerks in charge of sub-sections.

14.—(1.) A clerk in charge of a sub-section of a branch office shall be responsible to the officer in charge of the section for the proper and efficient working of his sub-section, and shall afford the officer in charge his utmost aid and support.

(2.) The clerk in charge of a sub-section shall report in writing to the officer in charge of the section—

(a) when he considers that a reduction of staff can be made in his sub-section by reason of a decrease in the volume of work or by the re-arrangement of duties; and

(b) any breach of the Act, Regulations or official instructions that comes to his knowledge.

Part IV.—Classification and Salaries.

Divisions of Service.

15. The Service shall consist of four Divisions, that is to say—

The First Division;

The Second Division;

The Third Division; and

The Fourth Division.

Composition of respective Divisions.

16.—(1.) The First Division shall include the members of the Commission.

(2.) The Second Division shall include officers who are required to exercise executive or professional functions in the more important positions in the Service, and whose offices the Commission directs to be included in that Division.

(3.) The Third Division shall include all officers whose offices the Commission directs to be included in that Division.

(4.) The Fourth Division shall include all officers not included in the First, Second or Third Division.

Standard salaries of officers of the Second Division.

17.—(1.) The limits of standard salary payable to an officer of the Second, Division shall be the limits respectively specified in Columns 2 and 3 of the Third Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.

(2.) The amount which may, subject to the provisions of regulation 22 of these Regulations, be paid to an officer of the Second Division by way of an increment of salary shall be the amount specified in Column 4 of the Third Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.

Classification and standard salaries of officers of the Third Division.

18.—(1.) The limits of standard salary payable to an officer in any office in the Third Division shall be the limits of such salary range specified in Table A of the Fourth Schedule to these Regulations as the Commission allots in respect of that office.

(2.) Subject to sub-regulation (1.) of this regulation, the Commission shall allot to each office in the Third Division limits of salary in accordance with the character and importance of the work required to be performed by the occupant of that particular office.

(3.) The rate of standard salary payable to an officer shall be a rate specified in Table B of the Fourth Schedule to these Regulations within the limits of salary fixed for his office in pursuance of the foregoing provisions of this regulation, and, subject to the provisions of regulation 22 of these Regulations, increments of salary may be paid

within the limits of salary fixed in respect of his office of such amount as will raise his salary to the next higher amount shown in that Table.

(4.) Notwithstanding anything contained in this regulation—

(a) the limits of standard salary payable to an officer in an office of the Third Division the designation of which is specified in Column 1 of Table C of the Fourth Schedule to these Regulations shall be the limits respectively specified in Columns 2 and 3 of that Table opposite to that designation; and

(b) the amount which may, subject to the provisions of regulation 22 of these Regulations be paid to such an officer shall be the amount specified in Column 4 of that Table opposite to the designation of his office.

Standard salaries of officers of the Fourth Division and conditions of advancement in certain Fourth Division offices.

19.—(1.) The limits of standard salary payable to an officer of the Fourth Division shall be the limits respectively specified in Columns 2 and 3 of the Fifth Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.

(2.) The amount which may, subject to these Regulations, be paid to an officer of the Fourth Division by way of an increment of salary shall be the amount specified in Column 4 of the Fifth Schedule to these Regulations opposite to the designation of his office in Column 1 of that Schedule.

(3.) An officer occupying the office of Machinist, Grade 1, shall not be eligible for incremental advancement beyond the standard salary rate of £210 per annum, unless the Commission is satisfied that the character of the duties upon which the officer is regularly employed warrants the advancement.

(4.) An officer occupying the office of Machinist shall not be eligible for promotion from Grade 1 to Grade 2, or from Grade 2 to Grade 3, unless she possesses such qualifications as are, in the opinion of the Commission, necessary to enable her to perform efficiently the duties of the Grade.

(5.) An officer occupying the office of Typist, Grade 1, shall not be eligible for incremental advancement beyond the standard salary rate of £210 per annum, unless the Commission is satisfied that the character of the duties upon which the officer is regularly employed justifies the advancement.

(6.) An officer occupying the office of Typist, Grade 1, shall not be eligible for promotion from Grade 1 to Grade 2, unless, on promotion, she will be employed in the supervision of at least five Typists or on duties the character of which, in the opinion of the Commission, warrants the advancement.

(7.) An officer occupying the office of Typist, Grade 2, shall not be eligible for promotion from Grade 2 to Grade 3, unless, on promotion, she will be employed on duties of a supervisory or other character the importance of which, in the opinion of the Commission, warrants the advancement.

Calculation of pay.

20. The pay of officers on an annual salary shall be calculated as follows:—

(a) Fortnightly pay—

(b) Hourly pay—

Half-time—

Single or ordinary time—

Time and a half—

Double time—

Provided that, in the case of officers at institutions the terms of whose appointments render it necessary as occasion demands for them to be in attendance on seven days each week, the method of calculation of pay shall be as determined by the Commission and notified to Deputy Commissioners.

Application of conditions of employment under determination to other officers.

21. Where in any determination under the Arbitration (Public Service) Act 1920–1934, rates of pay or conditions of employment are prescribed in relation to any officer or class of officers, or employee or class of employees, those rates of pay or conditions of employment, or any of those rates or conditions, may be applied to any other officer or class of officers, or employee or class of employees, if the Commission determines that the circumstances of employment justify such application.

Increments.

22.—(1.) Increments of salary which are prescribed within the salary limits of any particular office shall be annual except where the Commission otherwise determines, and no increment shall accrue to any salary until the officer in receipt of the salary has received the salary for a period of twelve months.

(2.) The right to receive an increment in any year shall depend upon the good conduct, diligence and efficiency of the officer and his period of attendance for duty during that year.

(3.) If, in the opinion of the Deputy Commissioner, an officer is not entitled to receive an increment from the due date, the Deputy Commissioner shall forthwith notify the Commission of the circumstances, and the Commission may order that the officer be deprived of the increment for such time as the Commission considers justified.

(4.) The provisions of sub-regulations (1.), (2.) and (3.) of this regulation shall not apply in the case of increments accruing to officers on an age basis. Such increments shall be paid as on and from the due date.

Advances from grade to grade.

23. Advancement to an office with a higher maximum salary shall be dependent upon the occurrence of a vacancy in the higher office, or upon the Commission raising the grade of an office.

Variations of salary on account of variations in cost of living.

24.—(1.) For the purposes of this regulation the term “index number” means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the “Court” series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration.

(2.) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 81.7, salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of January (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—

(3.) If the index number falls below 67.9, salaries shall be further reduced on the basis indicated in the last preceding sub-regulation, that is to say, for each fall of 2.3 points in the index number salaries shall be reduced by £6 per annum in the case of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.

(4.) Where the index number for the six months ending on the thirty-first day of March, or the thirtieth day of September in any year exceeds 83.9, salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of July or the month of January (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—

(5.) If the index number rises above 97.7, salaries shall be further increased on the basis indicated in the last preceding sub-regulation, that is to say, for every rise of 2.3 points in the index number salaries shall be increased by £6 per annum in the case of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.

(6.) The following amounts shall be added to salaries payable in pursuance of regulations 17, 18 and 19 of these Regulations after variation, if any, has been made in accordance with the foregoing provisions of this regulation:—

(7.) The amounts referred to in sub-regulation (6.) of this regulation shall be deemed for all purposes to be part of salary.

(8.) Female officers under twenty-one years of age who are designated as Cooks, Cook’s Assistants, Household Workers, Laundresses, Laundry Assistants, or Seamstresses, and who receive rates of pay fixed for adult females shall be deemed to be adult females for the purposes of this regulation.

Creation, abolition and reclassification of offices.

25.—(1.) A Deputy Commissioner shall report to the Commission whenever he considers it advisable that—

(a) a new office should be created in any Division in a branch office, institution or factory under his control;

(b) any office in a branch office, institution or factory under his control should be abolished; or

(c) the classification of any office, the duties of which have materially changed, should be raised or lowered.

(2.) Whenever the duties of any office are altered so as to affect the importance or character of the work of the office, the officer responsible for the alteration shall furnish a report setting out particulars of the alteration. The report shall be made to the Commission through the Deputy Commissioner, who shall inform the Commission if, in his opinion, the classification of the office should be varied consequent upon the change of duties.

Part V.—Vacancies, Promotions and Transfers.

Vacancies.

26.—(1.) Whenever a vacancy occurs in an office in any Division other than the First Division, action for the filling thereof shall be taken in accordance with the provisions of this regulation.

(2.) Unless the Commission otherwise directs, the Deputy Commissioner shall notify members of the staffs of the branch office, institutions and factories in his State of the existence of a vacancy in any classified office graded with a minimum salary up to and including £366 per annum.

(3.) The Deputy Commissioner may, subject to these Regulations and the approval of the Commission, fill a vacancy in any classified office graded with a minimum salary up to and including £366 per

annum by the promotion or transfer, as the case requires, of a member of the staff of the branch office, an institution, or a factory in his State, or by appointment of a person registered for employment.

Provided that selection of a person to fill any vacancy in an office of Medical Officer, Secretary and Supply Officer, Matron, Assistant Matron, Supply Officer, Senior Sister, Manager, and Dispenser shall be made by the Commission.

(4.) A vacancy in a classified office graded with a minimum salary of more than £366 per annum shall be notified by the Commission, through Deputy Commissioners, to the staffs at the various branches, institutions, and factories.

(5.) Applications for appointment, promotion or transfer to a classified office graded with a minimum salary of more than £366 per annum shall be forwarded to the Commission, endorsed by the Deputy Commissioner concerned with any comments which he considers necessary.

(6.) The Commission may, subject to these Regulations, fill any vacancy in any office other than an office of the First Division by the promotion or transfer of an officer to the vacant position.

(7.) Notwithstanding anything contained in this regulation, where the duties of an office call for special knowledge and experience, and an officer in the Service is not available for selection therefor, the Commission shall determine the means by which the office shall be filled.

(8.) For the purposes of this regulation, the salary rate of £366 per annum shall be deemed not to be affected or varied under the provisions of regulation 24 of these Regulations.

Promotions.

27.—(1.) In the selection of an officer for promotion under the provisions of the last preceding regulation, consideration shall be given first to the relative efficiency, and, in the event of an equality of efficiency of two or more officers, then to the relative seniority, of officers available for promotion to the vacancy.

(2.) In this regulation “efficiency” means special qualifications and aptitude for the discharge of the duties of the office to be filled, together with merit, diligence and good conduct.

Salaries of officers on promotion or transfer.

28.—(1.) Subject to the next succeeding sub-regulation, and unless otherwise determined by the Commission, the salary to be paid an officer upon promotion to a higher office shall not exceed the minimum salary of the higher position.

(2.) Where an officer is transferred or promoted and is in receipt of salary above the minimum salary fixed for the office to which he is transferred or promoted, his transfer or promotion shall be effected without reduction in salary.

(3.) Where an officer is transferred or promoted to an office with rates of incremental advancement different from the rates of his former office, the Commission may determine the date, for purposes of incremental advancement, from which the officer’s salary shall be deemed to have been paid.

Seniority of officers.

29.—(1.) The seniority of officers of the Second and Third Divisions shall be determined according to the grading of their offices and their respective dates of entrance into those grades.

(2.) The seniority of officers of the Fourth Division shall be determined as follows:—

(a) in the case of officers whose offices are similarly graded, according to the respective dates of their appointments to those offices; and

(b) in other cases, as the Commission approves.

Transfer of officers from place to place.

30.—(1.) Subject to this regulation, an officer shall not refuse transfer from one office to another of equal importance in any part of the Commonwealth.

(2.) Should any officer object to a change of station or work on the ground that it will involve him in pecuniary loss, or that the transfer is not to an office of equal importance, or for other cogent reasons, he may apply through the Deputy Commissioner to the Commission for permission to decline the transfer.

(3.) If the Commission finds that an objection is well founded, permission may be granted to the officer to decline the transfer, without prejudice to his eligibility for future promotion or appointment:

Provided that the officer shall have no grounds of appeal against loss of status should another officer be appointed to the office, and the Commission subsequently determines that the office declined by the officer is of higher status than the office in which he remained.

(4.) Notwithstanding anything contained in these Regulations, an officer who is instructed to proceed to a station in anticipation of his permanent transfer thereto, and who has been notified in writing by the Commission or a Deputy Commissioner that his transfer is to be made permanent, shall not be eligible to receive travelling allowance during his employment at such station.

Exchange of offices.

31.—(1.) Where officers who are similarly designated and graded desire to exchange offices temporarily or permanently, the Commission may approve of the exchange.

(2.) All such exchanges shall be effected in the applicants’ own time and at their own expense.

Temporary transfer.

32.—(1.) A Deputy Commissioner may temporarily transfer an officer from one office to another.

(2.) When it is necessary to fill an office temporarily by the transfer of an officer of lower classification, the most efficient officer of those available shall be selected.

Transfer expenses.

33.—(1.) An officer transferred from one locality to another because of misconduct shall, unless otherwise determined by the Commission, pay the whole cost of his transfer.

(2.) Except as provided in the next succeeding regulation, an officer transferred from one locality to another at his own request shall bear the whole cost of his removal.

Cost of conveyance on transfer.

34. When an officer is transferred—

(a) in the interests of the Department; or

(b) in the ordinary course of promotion,

the actual cost of conveyance of the officer, together with his wife and children (if any), and of removal of his furniture and household effects, shall, subject to the provisions of the next succeeding regulation, be paid by the Commission.

Removal of furniture and effects.

35.—(1.) The. amount payable for the removal of an officer’s furniture and household effects shall not exceed the amounts respectively specified in the second column of the following Table opposite to the salary ranges specified in the first column of that Table:—

Provided that, where it is shown to the satisfaction of the Commission that removal cannot be effected for the maximum amount prescribed above, the Commission may authorize the payment of an additional amount to cover the reasonable cost of removal.

(2.) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.

(3.) Before removal is undertaken, a Deputy Commissioner shall, wherever practicable, obtain quotations from at least two carriers and may, subject to this regulation, authorize acceptance of the more suitable.

(4.) Where an officer elects to dispose of his furniture and effects instead of removing them to his next station, the Deputy Commissioner may authorize payment to the officer of an amount equal to the loss shown to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under this regulation.

(5.) An officer shall not be entitled to any compensation from the Commission for loss or damage arising from removal, except where removal is effected by a Commonwealth Department, in which case compensation may be allowed under such conditions as are approved from time to time by the Commission.

(6.) Furniture shall be removed by railway, where practicable, if the cost be not greater than by other means of conveyance.

(7.) No payment shall be admitted for the purposes of this regulation, unless vouchers are produced.

Allowances to cover cost of accommodation on transfer.

36.—(1.) Where a married officer upon transfer cannot enter into occupancy of quarters or private residence through unavoidable delay in the transmission of his furniture and household effects, and the officer is therefore obliged to reside for the time being with his family at an hotel or other house of accommodation, the Deputy Commissioner may grant the officer an allowance not exceeding half the cost of board and lodging of himself and family:

Provided that that allowance shall not be paid for more than one month except upon approval of the Commission.

(2.) Where a married officer is transferred to a station where quarters are not provided, and his family has removed with him to the station, an allowance in accordance with the last preceding sub-regulation may be granted upon evidence, to the satisfaction of the Deputy Commissioner, that suitable premises for residence are not available at the time the officer reaches his new station.

(3.) Where the officer’s family has not removed with him to the new station, he may be granted such allowance as is determined by the Commission upon satisfactory evidence of increased expenditure.

Officer on transfer—use of own or hired conveyance.

37.—(1). An officer on transfer who is entitled under these Regulations to payment of fares for himself and family may apply to the Deputy Commissioner for permission to travel either in his own or a hired vehicle or in the private conveyance of some other officer instead of by the usual means of conveyance, and the Deputy Commissioner may grant permission, if he is satisfied that the use by the officer of other than the usual means of conveyance will not be to the disadvantage of the Department by reason of excess time on the journey or otherwise.

(2.) All officer granted such permission who uses his own motor vehicle or hires a motor vehicle as the means of transport shall be entitled to payment—

(a) at the rate of 2½d. per mile, if the horse-power of the motor vehicle exceeds twelve horse-power; or

(b) at the rate of 2d. per mile, if the horse-power of the motor vehicle does not exceed twelve horse-power:

Provided that—

(i) the amount so paid shall not exceed the amount which would have been paid by the Department as fares had the officer travelled by the usual means of conveyance; and

(ii) the mileage for the purpose of computing the amount payable shall be based upon the shortest travelling distance by suitable roads between the two points of transfer.

(3.) In addition to payments as set out in the last preceding sub-regulation, the officer may also be granted travelling allowance at the prescribed rates and travelling time (if ordinarily eligible therefor) in respect of his actual journey, provided that the amount of such payment shall not exceed the amount that would have been paid had he travelled by the usual means of conveyance.

(4.) Where an officer travelling on transfer is granted permission to travel in the private conveyance of another officer, he shall not be entitled to any payment other than for travelling allowance and (if payable) travelling time. Any such payment made shall not exceed that which would have been paid had he travelled by the usual means of conveyance.

(5.) Where an officer utilizes his private conveyance under the conditions specified in this regulation and, with the concurrence of the Deputy Commissioner, provides conveyance at the same time for one or more other officers travelling the same route, in the circumstances referred to in sub-regulation (4.), the officer providing the conveyance may be granted an allowance at the rate of 1d. for each mile of the distance for which the other officer (or officers) is conveyed, in addition to any other payments which may be granted to him in accordance with this regulation.

(6.) Where an officer entitled under these Regulations on transfer to payment of fares for himself and family uses his private conveyance and is accompanied by any member or members of his family whose fare or fares otherwise would have been a departmental charge, he may be granted an allowance at the rate of 1d. for each mile of the distance travelled, in addition to any other payment which may be granted under this regulation:

Provided that the amount payable in respect of the conveyance of himself and members of his family shall not exceed the amount which would have been paid to him by the Department as fares had the officer and his family travelled by the usual means of conveyance.

Part VI.—Attendance, Hours of Duty and Overtime.

Branch office hours.

38. Branch offices shall be open to the public for the transaction of business from 9 a.m. to 4.45 p.m. on Mondays to Fridays, inclusive, except on holidays prescribed by or authorized under these Regulations.

Hours of attendance.

39.—(1.) Except where otherwise directed by the Commission, the hours of attendance to be observed at Head-quarters and branch offices shall be from 8.45 a.m. to 5.6 p.m. on Mondays to Fridays, inclusive, with an interval of one hour for luncheon.

(2.) The hours of attendance of officers at an institution or factory shall be as determined by the Commission and notified to the Deputy Commissioner from time to time:

Provided that, unless the Commission in view of special circumstances otherwise directs, officers shall be granted one day off duty in every seven days, inclusive of Saturday and Sunday.

Five-day working week.

40. Notwithstanding anything contained in these Regulations, the hours of duty to be worked per week by officers may be so arranged, with the approval of the Commission, as to confine those hours to five days per week, namely, Monday to Friday. Any rearrangement so effected shall not involve the payment of overtime or other remuneration to officers, or any holiday pay in excess of that which would otherwise be payable:

Provided that, should it be necessary to require the attendance of officers on a Saturday during the hours they would normally have been required to work but for this regulation, they shall be allowed time off, in the following week, if practicable, equivalent to the time of such attendance.

Records of attendances.

41.—(1.) Such means of recording the attendance of officers as are approved by the Commission shall be provided at Head-quarters and in branch offices, institutions and factories.

(2). The officer in charge of each section of a branch office, institution or factory provided with means of record of attendance shall be responsible for their use in accordance with these Regulations.

Obligation to record attendances.

42.—(1.) Every officer, unless specially exempted by the Commission, shall record daily in an attendance book or other means of record approved by the Commission, the actual time of his arrival on duty and his departure therefrom.

(2.) The exemption of any officer from the obligation to record his attendance shall not be deemed to authorize him to absent himself from duty or to leave his office or station except on official business within his hours of duty.

Accessibility of attendance records.

43. The approved means of record of attendance shall be accessible at the ordinary time of arrival of officers, and shall be made available at the ordinary time of ceasing duty, and not before.

Late attendances.

44. An officer arriving on duty later than ten minutes after the ordinary time of commencing duty shall report to an officer authorized in that behalf, in whose presence the officer shall record his attendance, together with his explanation for late attendance.

Reports on late attendances.

45. Where a satisfactory explanation of late attendance is not furnished, or where the officer—

(a) is frequently late in arrival after the ordinary hour of commencing duty, whether or not such attendances are ten minutes late;

(b) leaves duty without authority before the ordinary time of departure;

(c) absents himself without authority during working hours; or

(d) records incorrectly the time of his arrival or departure,

the Chief Clerk or the officer in charge of an institution or factory, as the case may be, shall report the conduct to the officer of the Deputy Commissioner as a breach of these Regulations.

Duty outside usual hours.

46. Officers may, whenever it is necessary to bring up arrears of work or to meet pressure of business, be required to work beyond the usual hours of attendance. Where a Deputy Commissioner considers such course necessary, the staff dealing with the arrears, or the whole staff of a branch office, institution or factory, may be retained beyond the usual hours. Every officer shall, when required by the Deputy Commissioner, remain after the usual hours of attendance to complete work considered necessary to be done on the same day.

Authority for overtime.

47.—(1.) Where the officer in charge of a branch office, institution or factory considers that the attendance of any officer beyond the usual hours is necessary, and such attendance may involve the payment of overtime, the officer in charge shall immediately forward a report, in writing, of the circumstances to the Deputy Commissioner.

(2.) The report shall specify the officer or officers to be employed and the probable duration of the overtime.

(3.) Upon receipt of the report, the Deputy Commissioner shall refer the matter to the Commission for consideration:

Provided that, in a case of emergency, the Deputy Commissioner may authorize the working of overtime, but in such case shall immediately forward a report to the Commission with a view to obtaining its covering approval.

Recording and payment of overtime.

48.—(1.) Subject to the conditions and rates of payment prescribed in any relative Determination under the Arbitration (Public Service) Act 1920–1934, overtime shall be recorded and paid in accordance with the provisions of this regulation.

(2.) Except where otherwise determined by the Commission, the hourly rate, based on time and a half, shall be calculated in accordance with the following formula:—

(3.) Where officers are required to work in alternating weeks or longer periods above and below the usual hours of attendance, overtime shall be the aggregate time worked during such alternating periods in excess of the weekly hours multiplied by the number of weeks covered by such periods.

(4.) The hourly rate of pay for overtime shall be computed to two decimal points of a penny with a minimum rate of 1s. per hour. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly pay period.

(5.) Where an officer who has ceased work for the day is recalled for duty, such duty shall be recorded as overtime and shall include the time necessarily spent in travelling to the place of duty and returning to his home.

(6.) An allowance paid to an officer for the performance of higher duties, and allowances granted in such other cases as the Commission determines, shall be regarded as salary for the purpose of computing overtime payment.

(7.) When overtime is computed on a fortnightly basis and an officer is absent on one or more days or half-days during the fortnight on authorized leave, or on account of public holidays or half-holidays, deductions as provided in this sub-regulation shall be made from the number of hours to be worked before overtime payment can be claimed:—

(a) In the case of officers whose daily hours of duty are prescribed or determined by the Commission, the deduction shall be the time which the officers would ordinarily have worked on these days or half-days;

(b) In the case of officers whose daily hours of duty vary with the volume of work to be performed, the deduction shall be—

(i) For a full day’s absence on authorized leave or for a public holiday—

The number of hours which would ordinarily have been paid for in respect of an average day’s duty on the day of absence or on which the public holiday occurred;

(ii) For a half-day’s absence on authorized leave or for a public half-holiday—

The number of hours, from the commencement of the authorized leave or the half-holiday, required to complete the time which would ordinarily have been paid for in respect of an average day’s duty on the day on which the officer was absent or on which the half-holiday occurred; or

(iii) For authorized leave of less than half a day or for more than half a day but less than a full day—

The actual number of hours’ leave granted.

(8.) In respect of cases not provided for by this regulation the Commission may, from time to time, determine the conditions under which overtime shall be recorded and paid.

(9.) Officers in receipt of salary exceeding £462 per annum, messengers, and officers not working under close supervision or whose hours of duty cannot be definitely determined, such as Resident Medical Officers, Supply Officers, Caretakers and Watchmen, shall not be entitled to payment of overtime except in such cases as are specially approved by the Commission.

Sunday duty.

49.—(1.) An officer who is required by the Deputy Commissioner to attend for duty at a branch office or factory on a Sunday shall be paid for such attendance at the rate of time and a half for the period of attendance:

Provided that an officer who has been required by the Deputy Commissioner to perform a full day’s duty at a branch office or factory on a Sunday shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and in such case the payment for his attendance on the Sunday shall be half a day’s pay at ordinary rates.

(2.) Unless otherwise specially approved by the Commission, an officer of the Auxiliary Services Staff who is required to attend for duty at an institution on a Sunday shall not be paid any additional salary for such attendance, but he shall, wherever practicable, be granted a day off duty during the six days succeeding that Sunday, and a roster for this purpose shall be prepared by the officer in charge of the institution, special regard being had to the requirements of the institution and local conditions:

Provided that, in the event of the officer resigning or his services being otherwise terminated, he shall receive payment at ordinary rates in respect of any leave on account of Sunday attendance which has accumulated.

Holiday duty.

50.—(1.) A Deputy Commissioner may require the attendance and services of an officer at a branch office or factory on a prescribed holiday and in that event the officer shall be paid at the rate of double time for the period of duty performed.

(2.) A Deputy Commissioner may require the attendance and services of an officer at a branch office or factory on an authorized holiday or half-holiday and in that event the officer shall be credited with a period of leave equivalent to the period of duty performed on the holiday or half-holiday and that period of leave may be added to and taken with the officer’s next ensuing recreation leave:

Provided that the officer shall not be credited with leave in respect of work performed on a holiday if the period of duty on the holiday is less than one half-day.

(3.) The officer in charge of an institution may require the attendance and services of an officer of the Auxiliary Services Staff at the institution on a holiday, and in that event the officer shall not receive additional payment for his attendance on the holiday, but shall be granted a period of leave equivalent to the period of duty on the holiday as soon as practicable thereafter. The officer in charge shall prepare a roster for this purpose, having special regard to the requirements of the institution and local conditions:

Provided that, in special circumstances, the Commission may approve of a period of leave credited to an officer in respect of holiday duty, up to but not exceeding six days’ leave, being taken with the officer’s next ensuing recreation leave:

Provided further that, in the event of the officer resigning or his services being otherwise terminated, he shall receive payment at ordinary rates in respect of any period of leave credited to him in respect of holiday duty.

Part VII.—Leave of Absence and Holidays.

Absence from duty during office hours.

51.—(1.) An officer shall not leave his office or other place of employment during business hours, except on official business or by express permission of the Deputy Commissioner or the officer in charge of the section of the branch office, institution or factory in which he is employed. If an officer is granted permission to absent himself, the period of his absence, if not on official business, shall be duly recorded by the officer in charge of the attendance records.

(2.) At the discretion of the Deputy Commissioner, leave for such absence may be granted with or without pay, or may be deducted from recreation leave:

Provided that where the leave is not so deducted and payment is made for overtime worked during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.

Absence from duty in case of illness or emergency.

52.—(1.) An officer shall not be absent from duty without proper authority, unless reasonable cause is shown.

(2.) If an officer is prevented by illness or other emergency from attending to duty, he shall forthwith report the fact to the officer to whom he is immediately responsible, and shall furnish, in the case of illness, such evidence as is prescribed by these Regulations, and in the case of emergency, such evidence as the Deputy Commissioner considers necessary.

Absence without leave.

53. Where an officer absents himself without permission, he shall forfeit pay for a period equal to the period of his unauthorized absence.

Recreation leave.

54.—(1.) A Deputy Commissioner may grant to every officer leave of absence for recreation for any period or periods not exceeding in the whole eighteen days in each year, exclusive of Sundays and holidays. The grant of leave shall be dependent on the officer’s good conduct and regular attention to duty.

(2.) The Deputy Commissioner shall, wherever practicable, make such arrangements as will ensure that each officer shall be granted leave of absence annually for recreation, and, if leave is not taken in the year in which it accrues, it shall lapse:

Provided that a Deputy Commissioner may in any case where it is found impracticable to grant leave of absence in any year, or for any other sufficient reason, direct in writing that the leave may be taken in the following year in addition to the leave for that year:

Provided further that in no case shall an officer he allowed to accumulate more than thirty-six days’ recreation leave.

(3.) The Deputy Commissioner shall cause a roster to be prepared in accordance with which, unless it is found impracticable in any case, each officer shall take his leave. An officer shall apply for leave at least a fortnight before the date specified in the roster as the date for his leave to commence.

(4.) Every application for leave shall be made to the Deputy Commissioner through the officer in charge of the section of the branch office, institution or factory in which the officer is employed. The officer in charge shall report as to the conduct of the applicant and as to his compliance with instructions, and whether leave may be granted without detriment to the work of the branch office, institution or factory, as the case may be.

(5.) Where the Deputy Commissioner considers it impracticable in any case to adhere to the date in the roster on which an officer should commence leave, he may direct the officer to take, at such time as the Deputy Commissioner considers convenient to the working of the branch office, institution or factory in which the officer is employed, recreation leave due to him, whether or not he has made application for the leave.

Deductions from recreation leave on account of other absences.

55.—(1.) In any case in which an officer since his last recreation leave, or, if the officer has not previously had recreation leave, since the date of his appointment, has been absent from duty for any cause (other than leave under regulations 60, 126 and 127 of these Regulations) for more than twenty-six working days in one or more periods’, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each twenty-six working days of absence, excluding the first twenty-six working days:

Provided that no deduction shall be made in respect of absence not exceeding three months for which leave has been granted—

(a) where the Deputy Commissioner is satisfied that any illness necessitating the officer’s absence is the direct result of his service in the war; or

(b) under regulation 74 of these Regulations:

Provided further that where any such absence exceeds three months the Commission may extend the period in respect of which no deduction shall be made.

Date eligible for leave.

56.—(1.) Except as provided in this regulation, an officer shall not be eligible for recreation leave until he has completed twelve months’ service.

(2.) In the case of officers transferred from other Services, unbroken service in any Commonwealth or State Department continuous with service in the Department of Repatriation shall be deemed to be service for the purpose of recreation leave.

(3.) Where a person who has previously been temporarily employed is appointed in accordance with the provisions of regulation 7 of these Regulations and there is no break of continuity between his prior temporary employment and his service as an officer, the period of temporary employment shall be regarded as part of the officer’s period of service for the purpose of recreation leave.

Termination of services—recreation leave.

57.—(1.) Where an officer who has not attained the age of sixty years resigns or is retired in pursuance of regulation 12 or 105 of these Regulations, he may be granted recreation leave in respect of the year in which his services terminate, if he has reached the anniversary in that year of his appointment, or the anniversary of the date of commencement of his employment where he had temporary service prior to and continuous with his service as an officer.

(2.) Where an officer is being retired in accordance with regulation 106 or 108 of these Regulations, the officer may be granted, prior to retirement, recreation leave in respect of the year in which his retirement is effected.

(3.) In addition to the leave which may be granted under sub-regulation (1.) or (2.) of this regulation, an officer may be granted, prior to his resignation or retirement, recreation leave accumulated to his credit in pursuance of sub-regulation (2.) of regulation 54 of these Regulations.

Illness whilst on recreation leave.

58. If an officer falls sick while on recreation leave and produces at the time medical evidence satisfactory to the Deputy Commissioner that he is unable to leave his residence, he may be granted, at a time convenient to the branch office, institution or factory in which he is employed, additional leave equivalent to the period of sickness falling within the approved period of recreation leave, if the period of sickness is not less than ten days.

Short leave of absence.

59.—(1.) A Deputy Commissioner may, upon sufficient cause being-shown, grant any officer leave of absence not exceeding three days in any twelve months without deduction from recreation leave:

Provided that where payment is made for overtime during the thirty days succeeding such leave, the period of leave, or, where the period of leave exceeds the period of overtime, so much of the period of leave as is equivalent to the period of overtime, shall be without pay.

(2.) In addition to leave granted under sub-regulation (1.) of this regulation, a Deputy Commissioner may grant any officer leave of absence not exceeding three days in any twelve months subject to deduction of the period of leave from the officer’s next recreation leave.

Leave for war service.

60.—(1.) Leave of absence for such period or periods as the Commission, having regard to the circumstances of any particular case or class of cases, directs may be granted to any officer who, in time of war—

(a) is appointed to, enlisted in or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, the United Kingdom or any other part of the King’s dominions; or

(b) is permitted by the Commission to engage in work or employment other than the duties of his office or offices under the Commonwealth, if, in the opinion of the Commission, that work or employment is necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth or the efficient prosecution of the war.

(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall be without pay.

(3.) An officer who is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, and is granted leave of absence under the provisions of this regulation may, if his pay as a member of the Forces in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference:

Provided that this sub-regulation shall not be construed to authorize more than one payment to any officer of any such amount.

(4.) The period during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.

(5.) A temporary employee who, in time of war, is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, may be granted leave of absence on the same terms and conditions as are applicable to an officer:

Provided that leave shall not be granted to any such employee beyond the date on which his services would, but for that leave, have been terminated.

(6.) In this regulation—

(a) the expression “pay as an officer” includes such emoluments as the Commission determines; and

(b) the expressions “time of war” and “war” shall have the same meanings as those expressions have in the Defence Act 1903–1941.

Arbitration leave.

61.—(1.) The Deputy Commissioner may grant leave of absence with full pay to officers summoned to attend as witnesses in proceedings under the Arbitration (Public Service) Act 1920–1934, but only for such period as is necessary to enable evidence to be tendered:

Provided that this sub-regulation shall not apply to officers stationed beyond a radius of fifteen miles of the capital city in which the hearing takes place, unless the Arbitrator certifies that their attendance is essential to the proper presentation of the case by an organization.

(2.) The Deputy Commissioner may grant leave of absence without pay to officers who are representatives of organizations for the purpose of preparing evidence for submission to the Arbitrator in any proceedings under the Arbitration (Public Service) Act 1920–1934:

Provided that such leave shall not be granted to more than two representatives of an organization at any one time and that the period of leave so granted shall not exceed three months in any twelve months.

(3.) The periods during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.

Special leave without pay.

62.—(1.) A Deputy Commissioner may, in special circumstances, grant to any officer leave of absence without pay for a period not exceeding two weeks.

(2.) An application by an officer for special leave without pay for a period exceeding two weeks shall be referred by the Deputy Commissioner to the Commission. The Commission may, on sufficient cause being shown by the officer, approve of special leave without pay in excess of two weeks:

Provided that in any such case the Commission may determine whether the period of leave shall be included for any purpose as part of the officer’s period of service.

Medical certificates in case of sick leave.

63.—(1.) An officer’s application for leave of absence on the ground of illness shall be supported by the certificate of a duly qualified medical practitioner:

Provided that a Deputy Commissioner 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.

(2.) Subject to sub-regulation (1.) of this regulation, where sick leave is granted without production of a medical certificate or other evidence approved by the Commission, such leave shall be without pay.

Sick leave.

64. In the case of the illness of an officer, the Deputy Commissioner may, subject to these Regulations, on production of satisfactory medical evidence, grant to an officer leave of absence on the following conditions:—

(a) The basis for determining the leave which may be granted shall be ascertained by crediting the officer with the following periods, such leave to be cumulative:—

(i) Where the duties cover six days a week—

(ii) Where the duties cover seven days a week—

Provided that, for the purpose of ascertaining the leave for which an officer is eligible under this regulation, there shall be deducted the leave which has been granted to him during his period of service at rates of full pay, half pay, and third pay, respectively:

Provided further that no deduction shall be made in respect of leave granted earlier than the nineteenth day of July, 1916:

Provided also that, in the case of a returned soldier, no deduction shall be made in respect of leave granted within three years after the date of his discharge from the Expeditionary Forces;

(b) After deduction has been made as provided in the last preceding paragraph, the period remaining at each rate of pay shall be the amount of leave for which the officer is eligible:

Provided that, in the case of an officer whose ordinary duties cover six days a week, if he has had not less than six months’ service and his credit after such deduction has been made is less than twelve days on full pay, eight days on half pay, and six days on third pay, his credit shall be increased to those amounts; and if he has had less than six months’ service and his credit after such deduction has been made is less than six days on full pay, four days on half pay, and three days on third pay, his credit shall be increased to those amounts:

Provided further that, in the case of an officer whose ordinary duties cover seven days a week, if he has had not less than six months’ service and his credit after such deduction has been made is less than fourteen days on full pay, ten days on half pay, and seven days on third pay, his credit shall be increased to those amounts; and if he has had less than six months’ service and his credit after such deduction has been made is less than seven days on full pay, five days on half pay, and three and one-half days on third pay, his credit shall be increased to those amounts;

(c) The maximum period of leave allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks:

Provided that an officer who has exhausted all leave allowable with pay may be granted leave without pay:

Provided further that, in respect of any continuous period of absence, leave with and without pay shall not exceed seventy-eight weeks;

(d) For the purpose of computing the sick leave which may be granted to an officer who has been transferred from a Department of the Commonwealth Public Service, continuous permanent service in any such Department shall be deemed to be service with the Commission;

(e) Temporary service shall not be counted as service for the purposes of this regulation, except in such cases as are specially approved by the Commission.

Absence through illness extending beyond 78 weeks.

65. If at the expiration of a continuous period of leave of seventy-eight weeks an officer is unable to resume his duties, the Commission may retire him from the Service and may direct that his retirement shall have effect as on and from the date of the expiration of such period of leave.

Persons re-appointed to Service—sick leave.

66. Where a person who was retired from the Service is reappointed, he shall be credited upon re-appointment with any sick leave remaining to his credit at the date of his retirement.

Illness extending beyond 13 weeks.

67.—(1.) Where an officer has been absent through illness for thirteen weeks continuously, and application for further leave is made, the grant of further leave shall be subject to the officer being examined by a departmental Medical Officer.

(2.) If the departmental Medical Officer cannot certify that, in all probability, the officer will be able to resume duty within six months from the date of commencement of the current period of leave, the Deputy Commissioner shall submit the case to the Commission for decision as to the further leave, if any, which may be granted.

(3.) If the departmental Medical Officer certifies that the officer is unlikely to be fit to resume duty again, the Commission may retire the officer from the Service and may direct that his retirement shall have effect as on and from a date within the period of leave allowable under paragraph (c) of regulation 64 of these Regulations.

(4.) In submitting a case to the Commission under this regulation, the Deputy Commissioner shall furnish a statement showing the date upon which the officer commenced the current period of leave, the amount of sick leave granted to the officer during the twelve months preceding such date and the amount of sick leave remaining to his credit.

Certificate as to fitness to resume.

68.—(1.) If any officer is absent from duty on account of illness, and such absence has extended beyond thirteen weeks continuously, he shall not be permitted to return to duty unless and until a departmental Medical Officer has certified that he is fit to resume work.

(2.) Where an officer resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Deputy Commissioner may, if he is of opinion that the officer is not fit to resume duty, direct him to submit himself for examination by a departmental Medical Officer, and if the examination discloses that the officer is unfit to resume duty, the Deputy Commissioner shall grant such further leave of absence on account of illness as the medical report indicates is necessary.

Health of officer rendering him a danger to others.

69.—(1.) If the Deputy Commissioner has reason to believe that an officer is in such a state of health as to render him a danger to his fellow officers or the public, he may require the officer to submit himself for examination by a departmental Medical Officer.

(2.) Upon receipt of the medical report, the Deputy Commissioner may direct the officer to absent himself from his duties for a specified period, or, if already on leave of absence, direct him to continue on leave for a specified period, and the officer’s absence shall be regarded as absence on leave owing to illness.

Leave—infectious disease contacts.

70.—(1.) Upon report by a duly qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by any Act, State Act or Ordinance in respect of such disease, an officer is unable to attend for duty, the Deputy Commissioner may grant the officer leave of absence. Such leave of absence may be regarded as leave of absence owing to illness, or, at the option of the officer, the whole or any portion of the leave may be deducted from recreation leave due to him.

(2.) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.

Illness caused through misconduct.

71.—(1.) An officer shall not be granted leave with pay on account of illness caused by his own misconduct, or in any case of absence from duty without sufficient cause.

(2.) The Deputy Commissioner shall advise the Commission of any case in which an officer is absent from duty on account of illness caused by the misconduct of the officer, or without sufficient cause, and the Commission may determine that the period of any such absence from duty shall not for any purpose be included as part of the officer’s period of service.

(3.) Where the Deputy Commissioner, or any officer authorized by the Deputy Commissioner, has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a departmental Medical Officer to visit and examine the officer, or may direct the officer to attend on the departmental Medical Officer for examination.

Medical examination of officers.

72. An officer, whenever so required by the Deputy Commissioner, shall submit himself for medical examination by a departmental Medical Officer or other duly qualified medical practitioner approved by the Deputy Commissioner.

Sick leave for dental purposes.

73.—(1.) Where an officer undergoes dental treatment as a matter of urgency, or where physical disability due to dental causes prevents him from performing the duties of his office, a Deputy Commissioner may grant the officer leave of absence in accordance with the provisions of this regulation.

(2.) Where the period for which the officer is absent does not exceed two days, he may be granted leave of absence without production by him of a medical or dental certificate, if the period of absence, together with the periods of leave granted him under regulation 63 of these Regulations, does not exceed in the aggregate three days in any twelve months.

(3.) Where the leave of absence with pay which the officer may be granted under sub-regulation (2.) of this regulation has been exhausted, or where he is absent continuously for a period exceeding two days, but not exceeding three weeks, leave of absence may be granted, subject to the next succeeding sub-regulation, upon production by him of a dental certificate. That certificate should indicate—

(a) that the officer concerned is under treatment by the dentist furnishing the certificate;

(b) the nature of the treatment which the officer is undergoing; and

(c) the actual period of absence from duty necessitated by the treatment.

(4.) A dental certificate furnished in accordance with the last preceding sub-regulation shall be submitted to a departmental Medical Officer for advice as to whether the leave applied for is reasonable, or whether it should be reduced, and leave of absence shall be granted in accordance with the advice of the departmental Medical Officer.

(5.) In. any case where an officer’s continuous absence exceeds three weeks, he shall submit an application, supported by a certificate from a duly qualified medical practitioner, for sick leave to cover the period of absence.

Accident leave.

74. Notwithstanding anything contained in these Regulations, where an officer sustains physical injury while on duty, or in circumstances in which the action of the officer is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of the injury which may be granted to that officer and the conditions under which the leave may be granted:

Provided that, where an officer sustains physical injury while on duty and elects to have his case dealt with under the provisions of the Commonwealth Employees Compensation Act 1930, he shall not be granted leave with pay under this regulation.

Leave for pension review, periodical medical attention, attendance before War Pensions Appeal Tribunal.

75.—(1.) Subject to the limitations, prescribed by sub-regulation (2.) of this regulation, absences of returned soldiers for the following purposes shall be covered by leave with pay under regulation 51 of these Regulations, without deduction from recreation leave:—

(a) Attending hospital or a medical officer for pension review;

(b) Attending hospital to report or for periodical examination or attention; and

(c) Attending limb factories for supply, renewal and repair of artificial replacements and surgical appliances.

(2.) In the following cases leave for any of the purposes specified in sub-regulation (1.) of this regulation shall be deducted from the officer’s sick leave credit:—

(a) Where any absence exceeds half a day;

(b) Where the officer has already been absent under regulation 51 of these Regulations on four or more occasions within the preceding month; or

(c) Where the total amount of leave already granted to the officer under regulation 51 of these Regulations in the preceding twelve months amounts to four whole days.

(3.) Leave required by a returned soldier to attend before a War Pensions Tribunal shall be granted with pay under regulation 59 of these Regulations, without deduction from recreation leave. Where the leave which may be granted under that regulation has been exhausted, the period of absence shall be deducted from recreation leave (if any) due to the officer. If no recreation leave is due to the officer, the leave shall be granted without pay.

Performance of duties of absent officer.

76. Subject to these Regulations, the duties of an absent officer shall be performed—

(a) if he is employed in a branch office, if practicable, by his fellow officers without additional salary or remuneration in such manner as the officer in charge of the section of the branch office directs, but, if not practicable, then in such a manner as the Deputy Commissioner or Chief Clerk directs; or

(b) if he is employed in an institution or factory, if practicable, by his fellow officers without additional remuneration in such a manner as the officer in charge of the institution or factory directs, but, if not practicable, then in such a manner as the Deputy Commissioner directs.

Pay for holidays when on leave.

77. The rate payable for public holidays occurring during absence on leave shall be the same as that allowed for working days during the period of leave in which the holiday occurs.

Furlough.

78.—(1.) The Commission may grant to any officer whose period of continuous service is not less than twenty years leave of absence for a period not exceeding one month and a half on full salary, or three months on half salary, in respect of each completed five years of continuous service:

Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.

(2.) Upon the retirement of an officer whose period of continuous service is not less than twenty years, the Commission may authorize payment to him of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under the last preceding sub-regulation.

(3.) Upon the death of any officer who at the date of his death was eligible under this regulation for the grant of leave of absence, or, if the Commission, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed, the Commission may

authorize payment to the dependants of the officer of a sum equivalent to the amount of salary for the period of leave which the Commission could have granted to the officer if he had retired—

(a) immediately prior to the date of his death; or

(b) in any case where the Commission has directed that the death of the officer be presumed, at a date determined by the Commission.

(4.) Notwithstanding anything contained in this regulation—

(a) there shall not be granted under this regulation, in respect of the service of any officer, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent; and

(b) except as provided by regulation 57 of these Regulations, leave of absence for recreation shall not be granted in respect of the year in which leave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:

Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service.

(5.) The official conduct record of an officer shall be taken into consideration by the Commission in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

Extended leave or my in lieu to officers not entitled to furlough.

79.—(1.) The Commission may grant to any officer whose period of continuous service is less than twenty years, immediately prior to his retirement from the Service under regulation 106 of these Regulations, leave of absence on full salary for a period not exceeding that appropriate to his period of continuous service in accordance with the following scale:—

(2.) In lieu of leave m accordance with the last preceding sub-regulation, the Commission may authorize payment to an officer eligible for leave in pursuance of that sub-regulation, upon his retirement from the Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under that sub-regulation.

(3.) Where an office who is not eligible for leave of absence under the last preceding regulation is being retired from the Service under regulation 12 of these Regulations, the Commission may authorize payment to him of a sum equivalent to the salary for a period of leave

not exceeding that which, had he attained the age for retirement prescribed by regulation 106 of these Regulations, the Commission could have granted to him under sub-regulation (1.) of this regulation.

(4.) Where an officer, who is less than the age for retirement prescribed by regulation 106 of these Regulations, retires from the Service after less than twenty years’ service, and produces to the Commission satisfactory evidence that his retirement is due to ill health and that such ill health is permanent and is not due to misconduct or to causes within his control, the Commission may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that which, had he attained the age for retirement prescribed by regulation 106 of these Regulations, he could have been granted under sub-regulation (1.) of this regulation.

(5.) Where, before an officer has completed twenty years’ service and before he has attained the age for retirement under regulation 106 of these Regulations.—

(a) the officer dies; or

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

the Commission may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary for the period of leave which the Commission could have granted to the officer under sub-regulation (1.) of this regulation, if he had been eligible for leave of absence under that sub-regulation, at the date of his death, or, in any case where the Commission has directed that the death of the officer be presumed, at a date determined by the Commission.

(6.) Sums paid under sub-regulations (3.), (4.) and (5.) of this regulation shall be subject to reduction by the amount of payment made to the officer in respect of leave of absence for recreation granted in respect of the year in which the officer retires or dies.

(7.) The official conduct record of an officer shall be taken into consideration by the Commission in determining whether the whole or any portion of the leave of absence or pay provided for in this regulation may be granted.

Definitions.

80. For the purposes of regulations 78 and 79 of these Regulations—

“salary” includes any allowance payable to an officer in respect of the performance of duties higher than those incident to the salary range of his classified office, where the officer has performed such higher duties for not less than twelve months immediately preceding the date upon which he commences furlough or ceases to be an officer of the Service, and, in the case of an officer granted furlough, he is to retire at the expiration of such furlough;

“service” means service in the Department of Repatriation, and includes service in respect of War Pensions, Repatriation or War Service Homes activities in any Commonwealth Department which is continuous with service in the Department of Repatriation, but does not include—

(a) any service prior to the eighth day of April, 1918; or

(b) in the case of a person who became or becomes an officer after the first day of January, 1933, any service in a temporary capacity.

Public holidays.

81.—(1.) The following days, or any days prescribed under the law of any State to be observed in lieu thereof in that State, shall be observed as holidays in the Service, namely:—

the first day of January,

the twenty-sixth day of January,

Christmas Day and the following day,

Good Friday and the following Saturday and Monday,

the anniversary of the birthday of the Sovereign,

the twenty-fifth day of April, and

any day proclaimed by the Governor-General or required by any Act to be observed in lieu of the said days:

Provided that whenever any of the said days, except the twenty-fifth day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in the Service in lieu of such Sunday.

(2.) In addition to the days mentioned in sub-regulation (1.) of this regulation there may be observed as public holidays or half-holidays in the Service, or in any part thereof, such additional days or half-days, not exceeding in the whole, in the case of any office, four days in any one calendar year, as are authorized by the Commission and notified to the Deputy Commissioner.

(3.) In addition to the days hereinbefore mentioned in this regulation, any specified day or half-day appointed by the Governor-General by proclamation, pursuant to sub-section (4.) of section 76 of the Commonwealth Public Service Act 1922–1941, to be observed as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof shall be observed as a holiday or half-holiday, as the case may be, in the Service throughout the Commonwealth or the corresponding part thereof.

Public holidays—Payment for.

82.—(1.) Where an officer is absent without pay for satisfactory cause, either immediately prior to or immediately subsequent to a holiday or holidays, payment shall be made for the holiday or holidays.

(2.) Where an officer is absent without pay on days both immediately prior and subsequent to a holiday or holidays, any leave granted shall include the holiday or holidays and payment shall not be made for the holiday or holidays.

Part VIII.—Allowances.

Travelling allowances.

83.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowances payable to officers:—

(2.) An officer the maximum salary of whose position is £1,012 per annum or over shall be paid such rate of travelling allowance as the Commission from time to time determines.

(3.) For the purpose of calculating the rate of travelling allowance payable under this regulation—

(a) the maximum salary of the office shall be deemed not to be affected or varied under the provisions of regulation 24 of these Regulations; and

(b) an officer acting in a higher office shall be deemed to be permanently occupying that office.

(4.) Where travelling allowance is payable for less than one day, the allowance shall be at an hourly rate of one twenty-fourth part of the daily rate or one hundred and sixty-eighth part of the weekly rate, as the case may be.

(5.) The rates set out above to be paid to an officer in a capital city shall not apply to time spent in travelling to or from a capital city, but only to the period of the officer’s residence therein. For time occupied in travelling to or from a capital city payment shall be made at the rates prescribed for localities other than capital cities.

(6.) When an allowance has been paid to an officer under this regulation for eight weeks’ residence in one locality, the Deputy Commissioner shall submit the case to the Commission for review. No such allowance shall be continued beyond three months without the approval of the Commission, and if, upon review, the Commission considers the amount excessive it shall be discontinued or reduced to such amount as the Commission considers justified.

(7.) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer is not required to be absent from his head-quarters overnight.

Allowances payable where officers travel by steamer or railway.

84.—(1.) When an officer travels by steamer or by railway, and the fare paid includes subsistence, he shall be paid one-quarter of the rate of allowance specified in the scale in sub-regulation (1.) of the preceding regulation:

Provided that where an officer is travelling by a steamer owned or chartered by the Commonwealth Government, the rate of allowance shall be determined by the Commission, but such allowance shall not exceed one-quarter of the rate specified in the scale in sub-regulation (1.) of the last preceding regulation.

(2.) Where an officer is provided with subsistence and lodging the Commission shall determine, according to the period of the officer’s residence in the same place, what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale in sub-regulation (1.) of the last preceding regulation.

(3.) Where an officer is provided with subsistence without lodging, or is provided with lodging without subsistence, the Commission may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, or by more than two-thirds where subsistence only is provided.

Allowances to be in addition to cost of conveyance.

85. All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from the time of the departure of, to the time of the arrival on return of, the train, steamer, or other conveyance by which an officer travels:

Provided that in the case of an officer travelling on permanent transfer to whom the provisions of regulation 34 of these Regulations are applicable, the period shall be computed to his time of arrival at the place to which he has been transferred.

Claims not to include personal services.

86. Claims for travelling allowance shall not include gratuities for services on behalf of officers personally and payments to porters for handling the personal effects of officers.

Allowance to officer moving from temporary station.

87. Where an officer stationed temporarily at any place and receiving travelling allowance is required to visit any other place on official business and thereby necessarily incurs extra personal expense, he may be paid such additional allowance in respect of that visit as the Commission directs.

Allowance during illness when away from usual station.

88.—(1.) When an officer absent from his usual station on duty is forced by illness not due to his own fault to take sick leave, and he is unable to return to his own home, or in the opinion of the Deputy Commissioner it is inexpedient for him to do so, he may be paid an allowance to the extent of the proved costs to him of such illness, but not exceeding the sum to which he would have been entitled as travelling allowance under these Regulations had he been on duty for the period involved.

(2.) Where an officer returns to his home while on sick leave, payment of travelling allowance shall cease from the time of his departure from his temporary station, but the cost of fares to the officer’s home, and, if he is required to resume duty at the temporary station, from his home to his temporary station, shall be borne by the Commission:

Provided that the sum paid to the officer shall not exceed the amount of the cost which would have been involved if the officer had travelled between his temporary station and his usual station.

Allowance to officer taking leave while at temporary station.

89. In the case of an officer who, while on duty at a temporary station entitling him to travelling allowance, obtains leave of absence either with or without pay (other than sick leave as provided in the last preceding regulation) a deduction from his travelling allowance shall be made at the rate of one day’s travelling allowance for each day’s absence on such leave:

Provided that travelling allowance shall not be paid for the period from the time of the officer’s departure from the temporary station to the time of his return thereto in any case where he—

(a) leaves the temporary station prior to the time of commencement of leave of absence, or

(b) returns to the temporary station subsequent to the time of expiration of leave of absence.

Allowance to officer returning home while at temporary station.

90. Where an officer, while on duty at a temporary station, returns to his home or his usual station for his own convenience for week-ends or public holidays without expense to the Commission for conveyance, travelling allowance may be continued to the officer for a period not exceeding four calendar days’ absence from his temporary station.

Definition—married officer.

91. For the purpose of payment of travelling allowance, a married officer shall be deemed to include any unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Commission, justify his inclusion.

Additional payment where rates provided not sufficient.

92. Where it is proved to the satisfaction of the Commission by any officer that the travelling expenses which he would be entitled to receive under these Regulations do not cover his actual expenses, the Commission may authorize a payment in addition to that otherwise provided by these Regulations.

Travelling allowances not payable where transfer to be permanent.

93. Notwithstanding anything contained in these Regulations, an officer who is instructed to proceed to a branch in anticipation of his permanent transfer thereto, and who has been notified in writing by the Deputy Commissioner that his transfer is to be made permanent, shall not be eligible to receive travelling allowance during the period of his employment at that branch prior to his permanent transfer thereto.

Railway travelling.

94.—(1.) Officers shall travel by railway it the cost be not greater than by other means of conveyance.

(2.) Where an officer does not travel by railway, he shall be repaid the actual cost of the necessary and most economical means of conveyance:

Provided that the officer shall furnish receipts for all payments which exceed five shillings.

Fares.

95.—(1.) Second-class fares shall be allowed to officers the maximum salary of whose positions does not exceed £348 per annum, and in other cases first-class fares shall be allowed:

Provided that, in special circumstances, the Commission may allow first-class fares to any officer:

Provided further that first-class fares shall be allowed—

(a) to officers travelling by steamer on the Queensland or Western Australian coast;

(b) to officers travelling by railway—

(i) north of 22 degrees south latitude; or

(ii) in tropical climates on journeys exceeding ten hours in duration, or on journeys of any duration, if the officer is accompanied by his wife or his wife and family; and

(c) to female officers.

(2.) In determining the maximum salary of an officer’s position for the purpose of this regulation any variations of salary made under regulation 24 of these Regulations shall not be taken into account.

Excess travelling time.

96.—(1.) An officer who is travelling or on duty away from his usual station shall be paid at a rate equal to his ordinary rate of pay, subject to the limitations hereinafter stated, for the time necessarily spent in travel or on duty (exclusive of overtime) in excess of—

(a) his usual hours of duty for the day; and

(b) the time necessarily elapsing between time of departure from home and commencement of duty at his usual station and the time necessarily elapsing between time of ceasing duty at his usual station and arrival at home; provided that in the case of officers referred to in paragraph (b) of sub-regulation (2.) of this regulation, a minimum time of twenty minutes each way shall apply.

Payment shall not be made under this regulation unless the excess time exceeds one half-hour in any one day or three hours in any pay period; nor for more than five hours in any one day.

(2.) Travelling time shall include—

(a) The time during which an officer has to wait for change of trains or other scheduled conveyances, between the advertised and actual time of departure;

(b) in the case of an officer not absent from his permanent or temporary head-quarters overnight, the time spent by the officer outside the usual hours of duty for the day in waiting between the time of arrival at the place of work and the time of commencement of work, and between the time of ceasing work and the time of departure of the first available train or other means of conveyance; and

(c) time spent in travelling on transfer in all cases where transfer expenses are allowed, except where such transfer involves promotion which carries increased pay.

(3.) Travelling time shall not include—

(a) time spent in travelling by a ship on which accommodation and meals are provided; and

(b) time spent in travelling by train between 10.30 p.m. and 7 a.m. where a sleeping berth is provided on the train, or any time spent in travelling (day or night) by train from one capital city to another where a sleeping berth is provided.

(4.) An officer may be required to work at any place within the district fixed for him, and may be required to proceed direct to the place of work without proceeding to his usual station. If the time necessarily spent by an officer in proceeding direct to and returning from such place of work establishes a claim to payment for excess travelling time, it shall be dealt with under the general provisions of this regulation.

(5.) Officers in receipt of a salary exceeding £462 per annum shall not be entitled to payment for excess travelling time.

(6.) In this regulation—

“day” means from midnight to midnight; and

“usual station” means—

(a) for officers who are required ordinarily to work day by day at the same fixed place of work—the place so fixed by the Commission; and

(b) for officers whose place of work is variable within a specified district—a place within the district fixed by a Deputy Commissioner or by an officer authorized in that behalf by a Deputy Commissioner.

Car or cycle allowances.

97.—(1.) Any officer who uses his own motor truck, motor car or cycle for official purposes or when travelling on public business, or any officer whose motor truck, motor car or cycle is used for such purposes, shall be allowed, in respect of such use, payment at the following rates:—

Where a bicycle is used, the allowance shall be at the rate of 3d. per mile, subject to reduction to 1½d. per mile, after the first 20 miles on any journey exceeding that distance.

(2.) The Commission may increase the rates prescribed by this regulation, either generally or in any particular case, if it considers the circumstances so warrant.

(3.) An officer shall not be entitled to an allowance under this regulation unless it is shown to the satisfaction of the Deputy Commissioner that the use of a motor truck, motor car, motor cycle or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.

Exemption from State laws in certain cases.

98.—(1.) Any payment or allowance made by the Commonwealth to an officer in pursuance of these Regulations, or under the authority of the Commission, in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of any State law relating to motor vehicles transport or traffic, and the officer shall not be required to obtain any licence or permission or to pay any fee or tax under any State law by reason of the fact that he receives or is entitled to receive such payment or allowance.

(2.) In this regulation “officer” means any person employed in any capacity by the Commission and includes a person temporarily employed.

Meal allowance.

99.—(1.) Where an officer whose ordinary hours of duty are between 7.30 a.m. and 6 p.m., is required to attend for duty before 6.30 a.m. or to remain on duty after 6.30 p.m., and where an officer is required to commence duty at least two hours before the usual time, or to remain

on duty at least two hours beyond the usual time, and the attendance necessitates the obtaining of a meal away from home, he shall be granted a meal allowance according to salary on the following scale:—

(2.) A meal allowance shall not be granted when overtime pay is given, but when the amount of meal allowance would exceed the amount of overtime pay, the meal allowance may be granted instead of overtime pay.

Uniform allowances.

100. Officers employed at branch offices and institutions who are required to wear uniforms while on duty may be paid uniform allowance at the following rates:—

Locality allowances.

101. Officers employed at institutions situated in districts which are declared by the Commission to be isolated districts for the purpose of this regulation may be paid an allowance at the rate of £5 per annum.

Higher duties allowance.

102.—(1.) Where an officer has for at least twenty-six working days (continuously or in periods of not less than one day) within any period of twelve months performed, to the satisfaction of the Deputy Commissioner, the whole of the duties of an office higher than that in which he is classified, he shall be granted, after the completion of twenty-six working days, and while continuing to perform the higher duties, an allowance equal to the difference between his classified salary and the minimum salary allotted to the higher office:

Provided that a second period of twenty-six working days without payment of allowance shall not be required to be worked so long as the acting service has been continuous and extending over twelve months.

(2.) An officer called upon to occupy a higher office temporarily shall be eligible for increments as though he had been permanently promoted to that higher office:

Provided that, in the case of the first increment, the officer shall have performed the higher duties for twelve months (continuously or in broken periods) during the preceding two years:

Provided, further, that the officer shall be entitled to receive a second increment, if he shall have performed the higher duties for two years (continuously or in broken periods) during the preceding four years.

Further increments shall be granted on the basis of the foregoing.

(3.) In the event of an officer while acting in a higher office being permanently promoted, he shall not suffer any reduction of salary or increments, and shall receive increments in the same manner as he would have received them had his acting appointment been permanent.

(4.) Where the scales of salaries of the classified office held by an officer acting in a higher office and of the higher office temporarily occupied overlap, the officer shall, subject to the provisions of sub-regulation (1.) of this regulation, be paid an allowance to raise his total remuneration to the amount he would have received had he been permanently promoted to the higher office.

(5.) Where an officer acts in an office, the pay or conditions of service (or both) in which are different from those of the office normally occupied by him, he shall be subject to all the terms and conditions relating to officers regularly employed in similar offices to that in which he is acting, as if he were an officer permanently occupying that office.

(6.) Where an officer temporarily occupies a higher office but does not perform the whole of the duties usually performed by the permanent occupant of that office, he may be paid such allowance as is determined by the Commission.

Allowances based on salary.

103. Where the rate of payment of any allowance or of any payment extraneous to salary is based upon the rate of an officer’s salary, in the case of an officer who is entitled to an increment, the rate of salary shall be taken to be the rate to which the officer is entitled during the period in respect of which the allowance or extraneous payment is payable, and, in the case of an officer who is not so entitled, the rate of salary shall be taken to be the rate at which the officer is actually being paid during the period in respect of which the allowance or extraneous payment is payable, notwithstanding that he is subsequently granted an increase of salary to take effect from a date earlier than such period.

Salary deductions for subsistence or lodging,

104. The Commission may from time to time determine the rates at which deductions shall be made from the salaries of officers who are provided with either subsistence or lodging, or with both.

Part IX.—Retirement of Officers.

Incapacity of officers.

105. If an officer appears to the Commission to be inefficient or incompetent or unfit to discharge or incapable of discharging the duties of his office efficiently, the Commission may, after investigation into the circumstances, by notification to the officer, retire him from a date specified in the notification, or may transfer him to some other office with salary appropriate to that office.

Retirement of officers.

106.—(1.) A male officer, haying attained the age of sixty years, shall be entitled to retire from the Service if he desires so to do; but any such officer may (unless retired as hereinafter provided) continue in the Service until lie attains the age of sixty-five years.

(2.) If any male officer continues in the Service after he has attained the age of sixty years, he may at any time before he attains the age of sixty-five years be retired from the Service by the Commission.

(3.) A female officer shall be retired on the date of her attaining the sixtieth anniversary of the date of her birth.

Continuance of certain officers in Service.

107. When a male officer has attained the age of sixty-five years and, in the opinion of the Commission, it is desirable in the interests of the Commonwealth that the officer should continue in the performance of the duties of his office, and the officer is able and willing to do so, the Commission may direct the officer to continue in the office for a fixed term not exceeding twelve months; otherwise every officer attaining the age of sixty-five years shall retire from the Service.

Retirement of female officers on marriage.

108.—(1.) A female officer who marries shall be deemed to have retired from the Service on her marriage, unless the Commission certifies that there are special circumstances which make the continuance of her employment desirable.

(2.) There shall be payable to any female officer who has completed five years’ continuous service, who retires from the Service upon her marriage and who is not eligible for, or has not been granted, leave, or pay in lieu of leave, under regulation 78 or 79 of these Regulations, a sum equivalent to salary in accordance with the following scale:—

Part X.—Offences.

Offences.

109.—(1.) An officer who—

(a) wilfully disobeys or disregards any lawful order made or given by any officer having authority to make or give the order;

(b) is negligent or careless in the discharge of his duties;

(c) is inefficient or incompetent through causes which appear to be within his own control;

(d) uses intoxicating liquors or drugs to excess;

(e) is guilty of any disgraceful or improper conduct, either in his official capacity or otherwise;

(f) having made or subscribed an oath or affirmation in the form in the Second Schedule to these Regulations, does or says anything in violation of that oath or affirmation.;

(g) has wilfully supplied to any officer or other person acting on behalf of the Commission incorrect or misleading information in connexion with his appointment to the Service; or

(h) commits any breach of these Regulations,

shall be guilty of an offence and shall be liable to such punishment as the Commission determines under the provisions of this regulation.

(2.) If the Deputy Commissioner has any reason to believe that an officer has committed a minor offence, he may call upon the officer for an explanation of the alleged offence and if, on consideration of the explanation, he is of the opinion that the offence has been committed, he may caution or reprimand the offending officer. The Deputy Commissioner shall report any such case to the Commission.

(3.) Where there is reason to believe that an officer has committed an offence, other than a minor offence—

(a) the officer may be charged by the Deputy Commissioner and may, if it is considered that the charge is of such a serious nature that the charged officer should not continue in the performance of his duty, be suspended by the Deputy Commissioner;

(b) suspension may be effected prior to, or at the time of, or subsequent to, the laying of the charge, and may be removed at any time by the Commission pending determination of the charge, or, in any case where the charge has not been sustained, immediately upon a finding to that effect;

(c) upon a charge being laid against an officer, the Deputy Commissioner shall forthwith furnish the officer with a copy of the charge and require him to state in writing whether he admits or denies the truth of the charge and to give any written explanation he desires in regard thereto; if a reply is not made by the officer within seven days of his receipt of the copy of the charge, the officer shall be deemed to deny the truth of the charge;

(d) the Deputy Commissioner shall forward the explanation (if any), together with his report and his recommendation, to the Commission;

(e) where an officer is suspended for an offence and the charge has been found by the Commission to be not proven, full pay for the period of suspension shall be allowed; and

(f) where the offence is admitted or found by the Commission to be proved, and the Commission decides to dismiss the officer concerned, no payment shall, unless with the express authority of the Commission, be made for any portion of the period of suspension, and the dismissal shall take effect as from the date of suspension; but where the Commission decides to impose a penalty, other than dismissal, the officer may be deprived of pay for the whole or any portion of the period of suspension, provided that where the Commission decides to reduce the offending officer to a lower grade and to

reduce his salary, payment for the period of suspension may, at the discretion of the Commission, be at the reduced rate.

Officer convicted of criminal offence.

110.—(1.) Where an officer is charged with having committed any criminal offence against the law of the Commonwealth or of a State, or of a Territory of the Commonwealth, punishable either on indictment or on summary conviction, he may be suspended by the Deputy Commissioner.

(2.) If, upon the hearing of the charge by any Court, the officer is found guilty of the offence, the Commission may (whether the officer has been suspended or not) deal with the officer as if he had been charged under these Regulations.

Part XI.—Miscellaneous.

Knowledge of Act, Regulations, &c.

111. An officer shall acquaint himself with the Act, any regulations made under the Act, Rulings, General Orders and instructions promulgated for his guidance in the performance of his duties.

Obligations as to duty and behaviour.

112. Every officer shall—

(a) during the hours of official business devote himself exclusively and zealously to the discharge of his public duties;

(b) behave at all times with courtesy to the public, giving prompt attention to all reasonable requirements;

(c) obey promptly all instructions given to him by any officer under whose control or supervision he is placed;

(d) promptly and correctly carry out all duties appertaining to his office, or any other duty he is directed to perform; and

(e) in due course and at proper times comply with, and give effect to, the provisions of the Act, regulations made under the Act, all General Orders and Staff Orders issued by the Commission.

Appeals against instructions.

113.—(1.) If any officer considers he has grounds of complaint arising out of an official instruction, or from any other cause, he may appeal in regard thereto, through his immediate superior officer, to the Deputy Commissioner, but he shall nevertheless, as far as possible, carry out any instruction given him until it is countermanded by competent authority.

(2.) If an officer, having appealed to the Deputy Commissioner in pursuance of this regulation, is dissatisfied with the decision, the Deputy Commissioner shall, on request by the officer, forward the appeal to the Commission.

Public comment on administration.

114. An officer shall not—

(a) publicly comment upon any administrative action or upon the administration of the Commission; or

(b) use for any purpose, other than for the discharge of his official duties, information gained by or conveyed to him in connexion with the performance of those duties.

Official secrets.

115.—(1.) Except in the course of his official duty, an officer shall not divulge any information concerning the business of the Commission, or any other matter of which he has knowledge officially, and he shall not disclose the contents of any official papers without the express direction or permission of the Deputy Commissioner.

(2.) The Deputy Commissioner may immediately suspend any officer charged with committing a breach of this regulation.

(3.) Officers shall sign a declaration of secrecy, in such form as the Commission determines, with regard to information received by them in their official capacity.

Outside influence.

116.—(1.) An officer shall not seek the influence or interest of any person outside the Service in order to obtain promotion, transfer or other advantage.

(2.) Any officer who considers that his claim for promotion or consideration has been overlooked may submit the matter for consideration by the Commission in the manner prescribed by the next succeeding regulation.

Communications to Commission.

117. All communications from officers which are intended for consideration by the Commission shall be forwarded by the officer in charge of the institution, factory or section of the branch office, through the Chief Clerk to the Deputy Commissioner, who shall forward them to the Commission with such comment as he deems necessary.

Communications to Deputy Commissioner.

118. All communications intended for the Deputy Commissioner shall be forwarded, through the officer in charge of the institution, factory or section of the branch office, to the Chief Clerk, who shall transmit them at once to the Deputy Commissioner with such comment as he deems necessary.

Giving of testimonials.

119.—(1.) An officer other than the Deputy Commissioner shall not give a reference or testimonial to an officer or ex-officer of the Service as to the manner in which he performed his official duties.

(2.) The Deputy Commissioner may give references or testimonials in those cases only where the services of an officer or an ex-officer have been entirely satisfactory.

(3.) Where the Deputy Commissioner is in doubt as to whether a reference or testimonial should be given in any particular case, he shall refer the matter to the Commission.

Solicitation or acceptance of gifts.

120. An officer shall not, directly or indirectly, solicit or accept gifts or presents from any member of the public concerned, directly or indirectly, with any matter connected with the duties of the officer or in which the Commission is interested:

Provided that this regulation shall not prevent the acceptance by an officer, with the permission in writing of the Deputy Commissioner, of a public testimonial presented on retirement from the Service, or upon removal from the locality in which he has been employed, or a presentation from fellow officers.

Acceptance of fees, &c.

121.—(1.) An officer shall not demand, or, except with the approval of the Commission, receive any fee, reward, gratuity, or remuneration of any kind whatsoever other than his official salary and allowances for services performed by him either in or out of office hours in connexion with any matter dealt with by the branch office, institution or factory in which he is employed.

Performance of work outside Commission’s service.

122. Except with the express permission of the Commission, which permission may at any time be withdrawn, an officer shall not—

(a) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation;

(b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether carried on by any corporation, company, firm or individual;

(c) engage in or undertake any such business whether as principal or agent;

(d) engage or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any person, company or firm who or which is so engaged; or

(e) accept or engage in any employment other than in connexion with the duties of his office:

Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere, but an officer shall not take any part in the conduct of the business of the company or society otherwise than in the exercise of his right to vote as a member or shareholder.

Diary.

123. Unless otherwise directed by the Commission, every officer not immediately under the supervision of a superior officer shall keep a diary showing the daily duties performed by him and the time occupied in those duties, and shall, whenever required, produce the diary or furnish a copy thereof to the officer under whose authority he is placed or to any other officer authorized by the Commission or the Deputy Commissioner to inspect the diary.

Care of property.

124. All officers shall be held responsible for the careful use and preservation of all property of the Commission in their possession, custody or care.

Borrowing between officers.

125. Any monetary transaction between officers, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or money is borrowed by senior officers from their subordinates, is forbidden.

Officers called as witnesses.

126.—(1.) An officer subpoenaed or called as a witness shall promptly notify the Deputy Commissioner.

(2.) An officer required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence and, in cases where the officer is required to travel, he may be allowed his ordinary travelling allowance.

(3.) An officer subpoenaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling

allowance) shall be charged by or paid to him on account of his being so subpoenaed or called. Any amount received by the officer otherwise than from the Commonwealth, in respect of travelling expenses shall be paid to the Receiver of Public Moneys and be credited to Miscellaneous Receipts.

(4.) An officer subpoenaed or called as a witness in any other circumstances may be granted leave without pay, and any fees received as a witness may be retained by the officer.

Officers summoned as jurors.

127.—(1.) An officer summoned as a juror shall promptly notify the Deputy Commissioner.

(2.) Any officer so summoned shall be granted leave of absence for the period necessary for his attendance upon the Court, and such leave shall be with full pay, less any amount received by the officer as compensation for such attendance.

(3.) This regulation shall apply to temporary employees.

Sequestration of estate.

128.—(1.) If the estate of an officer is sequestrated either voluntarily or compulsorily for the benefit of his creditors, he shall, within seven days of the date of sequestration, give to the Deputy Commissioner written notice thereof, with a statement of the causes of his embarrassment. The Deputy Commissioner shall forward the notice and statement, with any remarks he desires to make thereon, to the Commission.

(2.) The officer shall apply, as soon as he may legally do so, to a Court of Bankruptcy for a certificate of discharge. If the officer does not apply for a certificate of discharge, or if he applies and it appears from the report that the officer has been guilty of fraud, dishonorable conduct, or extravagance, the Commission shall take such action as the case demands.

(3.) Upon being granted a certificate of discharge by a Court of Bankruptcy, an officer shall submit such certificate to the Deputy Commissioner.

Attachment of salaries of officers.

129.—(1.) Where judgment has been given by any Court against an officer for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Deputy Commissioner a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor and setting out the amount due by the judgment debtor under the judgment.

(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Deputy Commissioner shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration, and require him to state in writing, within a time to be specified by the Deputy Commissioner, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.

(3.) If the officer fails to prove to the satisfaction of the Deputy Commissioner, within the time specified by the Deputy Commissioner, that the judgment has been satisfied, the Deputy Commissioner may

from time to time deduct from any moneys due to the officer such sums as are, in his opinion, necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums, and shall pay, or direct the payment of, those sums to the judgment creditor:

Provided that in no case shall a deduction be made which will reduce the amount to be received by the officer to less than Two pounds per week, or to less than one-third of the amount which would, but for the provisions of this regulation, be payable to the officer.

(4.) Where more than one judgment and statutory declaration are served upon a Deputy Commissioner in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Deputy Commissioner.

(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commission and the officer, be deemed to be a payment by the Commission to the officer.

(6.) The provisions of this regulation shall apply to temporary employees.

(7.) The provisions of this regulation shall not apply in relation to any officer in respect of whom the Deputy Commissioner is satisfied that his estate has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, but who has not yet obtained a certificate of discharge.

Officers making inquiries on behalf of the Commission.

130. An officer deputed to make inquiries on behalf of the Commission shall be provided with written authority by the Deputy Commissioner, who shall recover and cancel such authority on the transfer of the officer to other duties or on the termination of his appointment.

Address of officers.

131.—(1.) A record shall be kept at Head-quarters and at each branch office, institution and factory, showing the address of each officer employed therein.

(2.) An officer changing his address shall immediately notify the officer responsible for the keeping of the record of addresses.

Officers’ record cards.

132. A record shall be kept at the branch office in each State in respect of each officer or temporary employee in the Commission’s service in that State. The record shall consist of all relevant particulars, including date of appointment, transfers, promotions, variations of salary and allowances, commendations, reprimands, dates and periods of sick, recreation, and special leave of absence, and such other matters as the Commission from time to time directs.

Observance of Audit Act and Treasury Regulations.

133.—(1.) In the matter of accounts and the collection and payment of public moneys officers shall conform strictly to the provisions of the Audit Act 1901–1934 and the regulations made thereunder.

(2.) Treasury Form 44 shall be prepared in triplicate as on the last day of each month. Within seven days after the end of each month the original shall be forwarded to the local representative of the Commonwealth Auditor-General by the Deputy Commissioner, and one copy to the Commission. The third copy shall be filed in the Branch Office.

Report on Staff.

134. When directed by the Commission, the Deputy Commissioner shall furnish a statement showing the names of classified officers at his Branch, arranged according to numerical sequence of the classification list; the offices they hold, specifying division and grade; the salaries; an accurate description in moderate detail of the duties performed by each officer; and what alterations, if any, are, in his opinion, necessary in the salaries and grades of any classified officers.

Employment of married women.

135. A married woman shall not be eligible for employment, either permanently or temporarily, unless the Commission certifies that there are special circumstances which make her employment desirable.

Suggestions by officers.

136.—(1.) Suggestions may be submitted by officers, not only in connexion with the more efficient performance of their duties, but also for improved methods or any other matters conducing to the more economical and to the better working of the branch, institution or factory in which they are employed.

(2.) Where a suggestion is of such practical value as to warrant its adoption a suitable endorsement shall be entered on the officer’s record card, and, in addition, where adoption of the officer’s suggestion has been the means of establishing improved methods which have resulted in greater efficiency or economy or effected savings of importance, he may be granted such monetary reward as the Commission deems adequate.

(3.) All suggestions submitted by officers should be referred, with any comments considered necessary, by the Deputy Commissioner to the Commission for consideration.

Part XII.—Temporary Employees.

Employment of temporary assistance.

137.—(1.) Subject to the approval of the Commission, a Deputy Commissioner may engage such temporary employees as he thinks necessary from time to time for the purposes of the Act.

(2.) In such cases or classes of cases as the Commission directs, an applicant shall not be engaged as a temporary employee until a departmental Medical Officer has made a careful medical examination of the applicant and has furnished a certificate that the applicant is in sound bodily health and free from physical defects, or, if he is suffering from some disability, that that disability will not incapacitate him for the efficient discharge of the duties on which he is to be employed and is not likely to be aggravated by the nature of his duties.

Conditions of employment.

138.—(1.) The provisions of Parts III., IV., IX., and X of these Regulations shall not apply to persons temporarily employed.

(2.) Except where otherwise determined by the Commission, the provisions of these Regulations relating to attendance, hours of duty, overtime, public holidays, holiday and Sunday pay, travelling allowance and meal allowance in the case of officers, shall apply to persons temporarily employed.

(3.) Except where otherwise prescribed by these Regulations, every temporary employee shall be subject to the provisions of these Regulations, wherever deemed applicable by the Commission.

Rates of pay.

139. Except where otherwise directed by the Commission, the rate of pay of a temporary employee on commencing duty shall be at the minimum of the salary range of the classified office the duties of which are substantially equivalent.

Recreation leave for temporary employees.

140.—(1.) A temporary employee who has completed twelve months’ continuous service may, immediately upon the completion of that period of service, subject to his services being still required and to his good conduct and regular attention to duty, be granted eighteen days’ leave of absence for recreation, exclusive of Sundays and holidays:

Provided that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 60 of these Regulations or such other leave as the Commission from time to time determines) for more than twenty-six working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each twenty-six working days of absence, excluding the first twenty-six working days.

(2.) The granting of leave shall not be deferred for any reason other than there being no means of carrying on the work of the temporary employee during his absence and, in any case where leave has been deferred, the Deputy Commissioner shall advise the Commission, immediately upon the leave being deferred, of the circumstances necessitating deferment.

(3.) Where leave has been deferred and, if it is not possible to grant the leave before termination of employment, or if on the completion of twelve months’ service the services of the temporary employee are not further required, the employee may be granted an amount equivalent to his pay for the period of leave deferred, if his services have been satisfactory.

(4.) For the purposes of this regulation, continuity of employment shall be deemed not to have been broken where, in a period of fourteen months, an employee is employed for a total period of twelve months and any breaks in the continuity of his employment have been due to the requirements of the Service.

Sick leave to temporary employees.

141.—(1.) Temporary employees who are returned soldiers may be granted leave of absence on account of illness, subject to the following conditions:—

(a) The employee shall apply in writing, stating the cause of absence;

(b) Where the employee has not completed twenty-six days’ actual duty, the Deputy Commissioner, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;

(c) Where the employee has completed twenty-six days’ actual duty, the Deputy Commissioner may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—

(i) with pay, at the rate of one day for each twenty-six days of service in respect to which no sick leave with pay has been previously granted; and

(ii) without pay, at the rate of two days for each twenty-six days of service, except during the first twelve months of service, when leave not exceeding twenty-four days may be granted;

(d) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:

Provided that an employee who has completed at least two years’ service without break except by authorized leave may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days; and

(e) Leave allowable under this sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.

(2.) Where an employee has exhausted all sick leave with pay for which he is eligible under sub-regulation (1.) of this regulation, and where satisfactory medical evidence is produced that the illness is due to war service, further sick leave with half pay, or at the rate of seven shillings a day, whichever is the greater rate, may be granted for a period not exceeding six days in any twelve months:

Provided that where an employee works his prescribed weekly hours in five days, the leave shall not exceed five days in any twelve months and the minimum rate of payment shall be eight shillings and five pence a day.

(3.) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Deputy Commissioner is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—

(a) Application for leave shall be made in writing stating the cause of absence;

(b) Where the employee has not completed fifty-two days’ actual duty, the leave of absence shall be without pay;

(c) After completion of fifty-two days’ actual duty the leave granted shall be at the rate of one day with pay and two days without pay for every twenty-six days’ service, but not more than six days with pay and twenty-four days without day shall be granted in respect of any twelve months’ service;

(d) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:

Provided that an employee who has completed at least two years’ service without break except by authorized leave may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days; and

(e) Leave allowable under this sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.

(4.) Notwithstanding anything contained in sub-regulations (1.) and (3.) of this regulation, temporary employees who, at the twentieth day of September, 1940—

(a) had been continuously employed for a period of twelve months immediately preceding that date shall, as from that date, and so long as they are continuously employed, be eligible for sick leave as though they had been appointed to classified offices at the commencement of that period of twelve months:

Provided that—

(i) there shall be added to the credits of sick leave for which they become eligible under this sub-regulation any accumulated sick leave with pay standing to their credit at the commencement of that period of twelve months; and

(ii) there shall be deducted from those credits any sick leave with pay granted during that period of twelve months;

(b) had not been continuously employed for a period of twelve months, and who, after that date, complete a period of twelve months’ continuous employment shall, as from the completion of that period, and so long as they are continuously employed, be eligible for sick leave as though they had been appointed to classified offices at the commencement of that period of twelve months, subject to deduction from the sick leave for which they thereby become eligible of any sick leave with pay granted during that period.

(5.) For the purposes of this regulation, continuity of employment shall be deemed not to have been broken where, in a period of fourteen months, an employee is employed for a total period of not less than twelve months, and any breaks in the continuity of his employment have been due to the requirements of the Service.

(6.) Notwithstanding anything contained in this Regulation, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Commission as being so meritorious in the public interest as to warrant special consideration, the Commission may determine from time to time the period of leave of absence on account of the injury which may be granted to that employee and the conditions under which the leave may be granted.

Dismissal.

142. The services of any person temporarily employed may be dispensed with at any time by the Deputy Commissioner, subject to confirmation by the Commission.

THE SCHEDULES.

Regulation 2.

THE FIRST SCHEDULE.

Statutory Rules 1928, No. 60.

Statutory Rules 1929, No. 129.

Statutory Rules 1929, No. 130.

Statutory Rules 1930, No. 116.

Statutory Rules 1931, No. 67.

Statutory Rules 1931, No. 68.

Statutory Rules 1931, No. 155.

Statutory Rules 1932, No. 55.

Statutory Rules 1932, No. 68.

Statutory Rules 1932, No. 120.

Statutory Rules 1932, No. 137.

Statutory Rules 1933, No. 69.

Statutory Rules 1933, No. 71.

Statutory Rules 1934, No. 55.

Statutory Rules 1934, No. 96.

Statutory Rules 1934, No. 150.

Statutory Rules 1938, No. 73.

Statutory Rules 1941, No. 160.

THE SECOND SCHEDULE.

Regulation 8.

Oath.

I, A.B., do swear that I will be faithful and bear true allegiance to the King, 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 King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
THE THIRD SCHEDULE.

Regulation 17.

Standard Salaries of Officers of Second Division

THE FOURTH SCHEDULE.

Regulation 18.

Table A.

Table B.

Table C.

THE FIFTH SCHEDULE.

Regulation 19.

Salaries of Officers of the Fourth Division.

The Fifth Schedule—continued.

The Fifth Schedule—continued.

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.