War Service Homes (Staff) Regulations (Amendment)

Legislation au C1945L00152 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 152.

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REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1941.*

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 1918-1941.

Dated this thirteenth day of September, 1945.

W. DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

H. P. LAZZARINI

Minister of State for Works and Housing.

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Amendments of War Service Homes (Staff) Regulations.

1.—(1.) After regulation 5 of the War Service Homes (Staff) Regulations the following regulation is inserted:—

Appointments to be on probation.

“5a.—(1.) Except as otherwise determined by the Commissioner, every person admitted to the Service 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 Commissioner at any time during that period.

(2.) After the period of six months on probation has expired, the Commissioner may, upon a report from the Deputy Commissioner, 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 Commissioner 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 Commissioner shall, upon a report from the Deputy Commissioner, confirm or annul the appointment.

(5.) Unless otherwise directed by the Commissioner, 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 Commissioner, 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.”.

* Notified in the Commonwealth Gazette on 20th September, 1945.

† Statutory Rules 1938, No. 64, as amended by Statutory Rules 1939, Nos. 32 and 136; 1940, Nos. 47 and 274; 1941, Nos. 142, 162, 183 and 264: 1942, Nos. 226 and 463; 1943, No. 238; and 1944, Nos. 98 and 117.

4425.—Price 3d.


(2.) This regulation shall be deemed to have come into operation on the first day of July, 1945.

2. After regulation 20 of the War Service Homes (Staff) Regulations the following regulation is inserted:—

Conditions of advancement in certain positions.

“20a. Notwithstanding anything contained in the last preceding regulation, the advancement in salary of officers occupying the offices set out hereunder shall be subject to the conditions shown opposite each such office:—

Office occupied.

Conditions of advancement of officer.

Architect, £318-£522..........

He shall not be advanced beyond £414 per annum except upon evidence to the satisfaction of the Commissioner that he is capable of designing all types of dwellings, making estimates, preparing specifications, inspecting, measuring up and reporting on buildings

Draftsman, £318-£522.........

He shall not be advanced beyond £414 per annum except upon evidence to the satisfaction of the Commissioner that he is capable of performing, and is engaged wholly or mainly on, the work of preparing sketches, details, working drawings and plans

Works Inspector, £342-£468.....

He shall not be advanced beyond £414 per annum except upon evidence to the satisfaction of the Commissioner that the value and importance of the works supervised justify advancement beyond that figure

Typist (Female). Grade 1........

She shall not be advanced beyond £210 per annum except upon evidence to the satisfaction of the Commissioner of efficiency as a shorthand writer at rate of 120 words a minute, ability to transcribe or type letters, &c, with due regard to punctuation, spelling and form, and to employment on duties requiring such qualifications, or on work regarded by the Commissioner as of equal standard

Typist (Female), Grade 2........

Inclusion in this grade shall be dependent upon possession of qualifications prescribed for advancement beyond £210 per annum and, in addition, upon employment in the supervision of at least five typists or on such duties as, in the opinion of the Commissioner, warrants inclusion in Grade 2”.

Absence from duty during office hours.

3. Regulation 39 of the War Service Homes (Staff) Regulations is amended by omitting from the proviso to sub-regulation (2.) the word “thirty” and inserting in its stead the word “six”.

Short leave of absence.

4. Regulation 54 of the War Service Homes (Staff) Regulations is amended by omitting from the proviso to sub-regulation (1.) the figures “30” and inserting in their stead the word “six”.


Basis of computation of sick leave.

5.— (1.) Regulation 60 of the War Service Homos (Staff) Regulations is amended by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) If an officer falls sick while on recreation leave and produces at the time satisfactory medical evidence, he may be granted, at a time convenient to the Commissioner, additional leave equivalent to the period of sickness falling within the scheduled period of recreation leave and the absence will be recorded as sick leave subject to sick leave credits, provided that, at the time of obtaining the medical certificate, the officer is confined to his home, and that the medical evidence indicates that he is so confined and that sick leave for not less than one week is needed.”.

(2.) This regulation shall be deemed to have come into operation on the sixth day of July, One thousand nine hundred and forty-five.

Meal allowance.

6. Regulation 89 of the War Service Homes (Staff) Regulations is amended—

(a) by inserting after paragraph (b) of sub-regulation (1.) the following paragraph:—

“(c) to perform, extra duty after 2 p.m. on a Saturday (or such other day usually allowed as a weekly half holiday) after a meal break for which payment is not made,”; and

(b) by omitting from the second proviso to sub-regulation (1.) the word and letter “paragraph (a)” and inserting in their stead the words and letters “paragraphs (a) and (c)”.

Higher duties allowance.

7.—(1.) Regulation 92 of the War Service Homes (Staff) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where an officer temporarily performs, to the satisfaction of the Commissioner, the duties of a position higher than that in which he is classified he shall be paid an allowance (which shall be known as higher duties allowance) equal to the difference between his classified salary and the minimum salary allotted to the higher office for all time temporarily served in that higher position in excess of twelve working days in each calendar year:

Provided that an officer who, as at the first day of January in any year, has acted continuously in a higher position during the whole of the preceding calendar year shall not be required to serve a further period of twelve days without payment of higher duties allowance so long as the acting service is continuous.”.

(2.) This regulation shall be deemed to have come into operation on the eighth day of June, 1945.

Amendment of the Third Schedule.

8.—(1.) The Third Schedule to the War Service Homes (Staff) Regulations is amended by inserting in Table A the following additional ranges of salary: £342-468; £396-468; £318-522 and £522-558.


(2.) This regulation shall be deemed to have come into operation on the first day of July, 1945.

Amendment of the Fourth Schedule.

9. The Fourth Schedule to the War Service Homes (Staff) Regulations is amended by inserting in Table C the following additional salary range: £84-£226.”

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

Overview

The War Service Homes (Staff) Regulations, 1945, were enacted to address the need for effective management of staff within the War Service Homes, ensuring efficient and fair employment practices for personnel involved in the administration and operation of these facilities. This statutory instrument was made under the authority of the War Service Homes Act 1918-1941, by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council. The policy objective of these regulations was to establish clear procedures for staff appointments, conditions of service, and remuneration, thereby maintaining operational efficiency and fairness within the War Service Homes. These regulations introduced various amendments to existing provisions, such as modifying the probationary period for new staff, setting conditions for salary advancement based on demonstrated competencies, and adjusting leave entitlements and allowances.

Scope and Application

The War Service Homes (Staff) Regulations, 1945, amends the existing regulations under the War Service Homes Act 1918-1941 to address various aspects of the employment and conditions of staff within the War Service Homes framework. The Regulations apply to all staff members within the War Service Homes who are directly employed under these provisions, encompassing a range of roles from architects and typists to works inspectors. These Regulations have a national reach as they are enacted under the Commonwealth authority, thereby applying across all states and territories of Australia. The application of these Regulations is inclusive of all staff who are appointed under the Act, with specific provisions detailing the conditions of probation, salary advancements, leave entitlements, and allowances for extra duties. Notably, these Regulations also establish certain exclusions and conditions, such as the probation period and the specific qualifications required for salary advancements. The Regulations further extend their application through subordinate instruments by allowing the Commissioner to determine certain terms and conditions, thereby providing flexibility in the administration and enforcement of these provisions.

Key Provisions

The Regulations under the War Service Homes Act 1918-1941 introduce significant changes to the War Service Homes (Staff) Regulations. Firstly, Regulation 1 inserts a new regulation (5a) specifying that all new appointments will initially be probationary for up to six months, extendable to a maximum of twelve months (Regulation 1(1)-(5)). This probationary period allows the Commissioner to assess the suitability and performance of new employees before confirming their appointments (Regulation 1(6)). Secondly, Regulation 2 introduces new regulation (20a) that stipulates specific conditions for salary advancement for certain positions, such as architects, draftsmen, works inspectors, and typists, based on their capabilities and duties (Regulation 2). These conditions ensure that salary advancement is tied to demonstrated competence and the scope of work undertaken. The Regulations impose several obligations on staff within the War Service Homes. Firstly, all new appointments are required to undergo a probationary period of up to twelve months, during which their performance will be evaluated by the Commissioner (Regulation 1). Secondly, staff seeking salary advancement must meet specific criteria related to their roles and responsibilities, such as the ability to design all types of dwellings for architects or the capability to transcribe letters accurately for typists (Regulation 2). Additionally, the Regulations amend existing rules regarding leave and allowances, such as reducing the required leave before granting short leave of absence from thirty to six days (Regulation 3) and modifying the computation of sick leave (Regulation 5). Breach of these Regulations may result in various consequences. For instance, failing to meet the conditions for salary advancement could prevent an employee from receiving a higher salary. The Regulations also stipulate that the Commissioner has the authority to annul an appointment if it is not confirmed at the end of the probationary period or if the employee fails to meet the specified conditions for advancement. Additionally, amendments to the schedules regarding salary ranges and meal allowances (Regulations 6-9) ensure that staff are compensated fairly based on their duties and the hours they work. While the Regulations do not explicitly outline penalties for breaches, non-compliance with these provisions could lead to disciplinary actions or termination of employment as determined by the Commissioner.

Legal classification tags

Instrument
Regulation
Concepts
Appointments to be on probation
Conditions of advancement in certain positions
Basis of computation of sick leave
Meal allowance
Higher duties allowance
Catchwords
Probationary appointment
Advancement conditions
Sick leave computation
Meal allowance
Higher duties allowance

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