War Service Homes (Staff) Regulations 1923

Legislation au C1923L00141 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1923. No. 141.

 

REGULATIONS under the war service homes act 1918‑1923.

I, THE DEPUTY OF 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 War Service Homes Act 1918‑1923 to come into operation forthwith.

Dated this twenty‑eighth day of September, 1923.

W. H. IRVINE,

Deputy of the Governor‑General.

By His Excellency’s Command,

P. G. STEWART,

Minister of State for Works and Railways.

 

War Service Homes (Staff) Regulations.

Short title.

1. These Regulations may be cited as the War Service Homes (Staff) Regulations 1923.

2. The War Service Homes (Staff) Regulations (Statutory Rules 1922, No. 63) are hereby repealed.

Definitions.

3. In these Regulations unless the contrary intention appears—

“Deputy Commissioner” means a Deputy Commissioner appointed under the Act;

“Rulings” means rulings made by the Commissioner;

“Secretary” means the officer appointed as Secretary to the Commission under the Act;

“Staff Orders” means staff orders issued by the Commissioner;

“The Act” means the War Service Homes Act 1918‑1923;

“The Commissioner” means the Commissioner appointed under the Act.

Offences.

4. 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; or

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

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

(d) uses intoxicating liquors or drugs to excess; or

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

(f) commits any breach of these Regulations or of any Rulings or Instructions or of Staff orders,

shall be guilty of an offence and shall be liable to such punishment as the Commissioner directs.

C.15256.—Price 3d.


5. 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.

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

(а) 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 Commissioner pending determination of the charge, or, in any case where the charge has not been sustained, immediately upon a finding to that effect.

(c) The officer shall be immediately furnished with a copy of the charge, and shall be required forthwith to state in writing whether he admits or denies the truth of the charge, and shall be allowed to give any written explanation in regard thereto.

(d) The Deputy Commissioner shall forward the explanation, together with his report and his recommendation, to the Commissioner.

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

(f) Where the offence is admitted or proved and the Commissioner decides to dismiss the officer concerned, no payment shall, unless with the express authority of the Commissioner, 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 Commissioner 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 Commissioner decides to reduce the offending officer to a lower class or grade and salary or wages, payment for the period of suspension may, at the discretion of the Commissioner, be at the reduced rate.

7. Where an officer is suspended and charged with having committed any criminal offence against the law of the Commonwealth or of any State, punishable either on indictment or on summary conviction, the Commissioner shall decide whether the officer is to be dismissed from the service of the Commission or otherwise, and whether, if he is reinstated, the officer is to receive any payment of salary for the period from suspension to date of resuming duty.

8. Any power or authority vested in a Deputy Commissioner under these Regulations shall be exercisable by the Secretary to the Commission as regards the administration of the Central Administration Staff.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Service Homes (Staff) Regulations 1923 were enacted by the Commonwealth of Australia to provide a structured framework for the administration and disciplinary procedures within the War Service Homes system, ensuring the efficient operation of war service homes and addressing the need for clear guidelines for staff conduct. This legislation was established under the authority of the War Service Homes Act 1918-1923, with the Federal Executive Council advising the Deputy of the Governor-General. The primary objective of these regulations is to maintain discipline and efficiency among the staff of the War Service Homes, thereby ensuring that the needs of service personnel and their families are met with appropriate care and respect. The regulations cover various aspects of staff conduct, including the definition of key terms, the consequences of various offences, and the processes for handling disciplinary actions.

Scope and Application

The War Service Homes (Staff) Regulations 1923, which are statutory rules under the War Service Homes Act 1918-1923, outline the conduct and disciplinary measures applicable to staff within the War Service Homes Commission. These regulations apply to officers who are part of the staff of the Commission, and their scope includes the establishment of offences and the procedures for addressing misconduct. The offences pertain to wilful disobedience, negligence, inefficiency, improper conduct, and breaches of the regulations or other directives. These regulations apply on a Commonwealth level and provide a structured approach to handling minor and major offences, including the ability to suspend officers pending investigation and to impose various penalties upon finding misconduct. The regulations also specify that certain powers may be exercised by the Secretary regarding the Central Administration Staff, ensuring a clear chain of command and accountability within the Commission. The application of these regulations is comprehensive, with specific provisions for both minor and serious offences, ensuring that the staff operates within the expected standards of conduct and efficiency.

Key Provisions

The War Service Homes (Staff) Regulations 1923 set out the rules for the conduct and administration of staff within the War Service Homes Commission. Section 1 allows these regulations to be cited as the War Service Homes (Staff) Regulations 1923, while Section 2 repeals the previous regulations (Statutory Rules 1922, No. 63). Definitions in Section 3 clarify terms such as "Deputy Commissioner," "Rulings," "Secretary," "Staff Orders," "The Act," and "The Commissioner." The regulations specifically outline the duties and responsibilities of staff members, as well as the consequences for failing to meet these obligations. These regulations impose several obligations on the staff of the War Service Homes Commission. Firstly, officers must comply with lawful orders from any authorised individual and avoid negligence, inefficiency, or improper conduct (Section 4). This includes refraining from excessive use of intoxicating liquors or drugs and maintaining a high standard of professional behaviour. Additionally, officers must adhere to any rulings, instructions, or staff orders issued by the Commissioner. Failure to comply with these obligations can result in disciplinary action, as outlined in subsequent sections. Section 4 of the regulations establishes that any officer who wilfully disobeys or disregards lawful orders, is negligent, inefficient, or incompetent, uses intoxicating liquors or drugs to excess, or engages in disgraceful or improper conduct, commits an offence and is liable to punishment directed by the Commissioner. Section 5 allows the Deputy Commissioner to address minor offences by requesting an explanation from the officer and issuing a caution or reprimand if the offence is confirmed. Section 6 details the process for dealing with more serious offences, including suspension, formal charges, and the right for the officer to respond in writing. It also outlines the Commissioner's role in determining the outcome and any associated penalties, including potential dismissal or financial deductions. The regulations also provide for specific consequences in cases where an officer is charged with a criminal offence under Commonwealth or State law. Section 7 places the decision on whether to dismiss the officer or reinstate them with or without pay in the hands of the Commissioner. This ensures that the severity of the criminal offence is appropriately considered in the context of the officer's employment status and potential reinstatement. The penalties and consequences for breaching these regulations are designed to maintain high standards of conduct and accountability within the War Service Homes Commission.

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Employee Relations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.