STATUTORY RULES.
1932. No. 137.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1931.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Australian Soldiers’ Repatriation Act 1920-1931, to come into operation from the first day of January, 1933.
Dated this seventh day of December, 1932.
ISSAC A. ISAACS
Governor-General.
By His Excellency’s Command,
C. W. C. MARR
Minister for Repatriation.
Amendment of Repatriation (Staff) Regulations.
(Statutory Rules 1928, No. 60, as amended to this date.)
Repatriation (Staff) Regulation 85 is repealed and the following regulation inserted in its stead:—
“Sick leave to classified officers.
85.—(1.) Applications from classified officers for leave of absence on the .grounds of illness shall be supported by the certificate of a departmental Medical Officer or other duly qualified medical practitioner, except in the case of single-day absences, not exceeding three in any twelve months, when, unless otherwise directed by the Deputy Commissioner, the production of the medical certificate shall not be necessary.
(2.) Subject to sub-regulation (1.) of this regulation, where sick leave is granted without the production of the medical certificate or other evidence approved by the Commission, such leave shall be without pay.
(3.) In the case of the illness of a classified officer, the Deputy Commissioner may, on production of satisfactory medical evidence and subject to sub-regulation (7.) of this regulation, grant the classified officer leave of absence in accordance with sub-regulations (4.), (5.) and (6.) of this regulation.
4010.—Price 3d.
(4.) The basis for determining the leave which may be granted to a classified officer shall be ascertained by crediting the classified officer with the following periods, such leave to be cumulative:—
(a) Where the duties cover six days a week:—
| Leave on Full Pay. | Leave on Half Pay. | Leave on Third Pay. |
| Working days. | Working days. | Working days. |
On date of appointment.................. | 6 | 4 | 3 |
On completion of six months’ service........ | 6 | 4 | 3 |
On completion of twelve months’ service...... | 12 | 8 | 6 |
On completion of each additional twelve months’ service | 12 | 8 | 6 |
(b) Where the duties cover seven days a week:—
| Leave on Full Pay. | Leave on Half Pay. | Leave on Third Pay. |
| Working days. | Working days. | Working days. |
On date of appointment.................. | 7 | 5 | 3½ |
On completion of six months’ service........ | 7 | 5 | 3½ |
On completion of twelve months’ service ...... | 14 | 10 | 7 |
On completion of each additional twelve months’ service | 14 | 10 | 7 |
Provided that, for the purpose of ascertaining the leave for which a classified 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 further, in the case of a returned soldier, that no deduction shall be made in respect of leave granted within three years after the date of his discharge from the Expeditionary Forces.
(5.) After deduction has been made as provided in the preceding sub-regulation, the period remaining at each rate of pay shall be the amount of leave for which the classified officer is eligible:
Provided, in the case of a classified officer whose ordinary duties cover six days a week, that 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, in the case of a classified 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.
(6.) The maximum period of leave allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks:
Provided that a classified 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.
(7.) Where a classified officer has been absent through illness for thirteen weeks continuously, the grant of further leave shall be subject to the classified officer being examined by a departmental Medical Officer, and if the departmental Medical Officer cannot certify that, in all probability, the classified officer will be able to resume duty within six months from the date of commencement of the current period of leave, the case shall be submitted to the Commission for decision as to further leave, if any, which may be granted.
(8.) In submitting a case under the last preceding sub-regulation, the Deputy Commissioner shall furnish a statement showing the date of commencement of the current period of leave and the amount of sick leave granted to the classified officer in the twelve months preceding such date.
(9.) If a classified 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:
Provided that, where a classified 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 classified 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 classified 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 as necessary.
(10.) If the Deputy Commissioner has reason to believe that a classified 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 classified officer to submit himself for examination by a departmental Medical Officer. Upon receipt of the medical report, the Deputy Commissioner may direct the classified 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 classified officer’s absence shall be regarded as absence on leave owing to illness.
(11.) If, consequent upon a 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 Commonwealth or State law in respect of such disease, a classified officer is unable to attend for duty, the Deputy Commissioner may
grant the classified officer leave of absence. Such leave of absence may be regarded as leave of absence owing to illness, or, at the option of the classified officer, the whole or any portion of the leave may be deducted from recreation leave due;
Provided that leave of absence under this sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the classified officer to resume duty, having regard to the restrictions imposed by law.
(12.) No leave shall be granted with pay on account of illness caused by the misconduct of the classified officer, or in any case of absence from duty without sufficient cause. Where the Deputy Commissioner, or any officer approved by the Deputy Commissioner, has occasion for doubt as to the cause of the illness or the reason for absence, he may instruct a departmental Medical Officer to visit and examine the classified officer, or may direct such classified officer to attend on the departmental Medical Officer for examination.
(13.) A classified officer shall submit himself for medical examination, when required to do so, by a departmental Medical Officer or other duly qualified medical practitioner selected by the Deputy Commissioner, or by any officer approved by the Deputy Commissioner.
(14.) For the purpose of computing sick leave due to classified officers transferred from other departments, continuous service in classified positions in any Commonwealth Government Department shall be considered service with the Commission.
(15.) 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.
(16.) Where a person was retired from the service of the Commission on the ground of invalidity under regulation 49 of these Regulations, and is re-appointed to a classified position in the Commission’s service, he shall be credited upon re-appointment with the sick leave at his credit immediately prior to his retirement.
(17.) Sick leave with pay shall not be granted to any part-time classified officer.
(18.) Notwithstanding anything contained in this regulation, where a classified officer sustains physical injury while on duty, or in circumstances in which the action of the classified officer is regarded by the Deputy Commissioner as being so meritorious in the public interests as to warrant special consideration, the Commission may determine the period of leave of absence on account of such injury which may be granted to the classified officer and the conditions under which the leave may be granted:
Provided that, where a classified 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, no leave with pay shall be granted under this regulation.
(19.) Upon the commencement of this regulation a record shall be made as soon as practicable, calculated as provided in this regulation, of the leave for which the classified officer is eligible, and such record shall be amended from time to time as becomes necessary by recording any further leave granted to the classified officer and the leave for which he is still eligible in accordance with his length of service.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.