War Service Homes (Staff) Regulations (Amendment)

Legislation au C1944L00098 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 98.

 

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

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 War Service Homes Act 1918-1941.

Dated this twenty-second day of June, 1944.

GOWRIE

Governor-General.

By His Excellencys Command,

C. W. FROST

Minister of State for Repatriation.

 

Amendments of War Service Homes (Staff) Regulations.

Recording and payment of overtime.

1. Regulation 44 of the War Service Homes (Staff) Regulations is amended by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

(7.) Subject to regulation 89 of these Regulations, an officer shall be paid a meal allowance in addition to overtime..

Medical certificates in case of sick leave.

2. Regulation 59 of the War Service Homes (Staff) Regulations is amended by omitting the proviso to sub-regulation (1.) and inserting in its stead the following proviso:—

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 four days in any twelve months..

3. Regulation 89 of the War Service Homes (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Meal allowance.

89.—(1.) Where an officer is required—

(a) to work at least a full shift and is required to perform extra duty after a second meal break for which payment is not made; or

*`Notified in the Commonwealth Gazette on 29th June, 1944.

† 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 ; and 1943, No. 238.

3509.—Price 3d.


(b) to perform extra duty which involves his detention up to the completion of a second meal hour,

he shall be granted in addition to overtime (if any) a meal allowance according to salary on the following scale:—

 

Allowance.

Salary.

s.

d.

£762 and over..........................

4

0

£512 and under £762.....................

3

0

Under £512...........................

2

6

Provided that, where a three course meal is obtainable by an officer at a canteen, cafeteria or dining room controlled or assisted by the administration, the amount of meal allowance shall be the maximum amount for which such meal can be obtained at the canteen, cafeteria or dining room:

Provided also that, in cases covered by paragraph (a) of this sub-regulation, the officer satisfies the Deputy Commissioner that he cannot reasonably be expected to go to his home or his lodgings for a meal between the time he leaves off duty before the meal and the time he is required to be on duty after the meal.

(2.) Meal hours for the purposes of paragraph (b) of sub-regulation (1.) of this regulation shall mean the following periods:—

7 a.m. to 9 a.m.; 12 noon to 2 p.m.; and 6 p.m. to 7 p.m.

(3.) The provisions of this regulation shall apply only in cases where an officer is working at his head-quarters. Expenditure incurred in the purchase of meals during an absence from head-quarters, but not overnight, shall be dealt with under the provisions of sub-regulation (5.) of regulation 75..

Commencement.

4. Regulations 1 and 3 of these Regulations shall be deemed to have come into operation on the twenty-fourth day of October, 1943.

 

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

Overview

The Statutory Rules 1944, No. 98, entitled "Regulations Under the War Service Homes Act 1918-1941", were enacted by the Governor-General in Council, with the aim of amending existing regulations to address certain issues within the administration of War Service Homes. These regulations were introduced to provide more flexible conditions for staff, including adjustments to overtime payments and sick leave provisions, while also ensuring proper compensation for meal allowances during extended working hours. The intent behind these amendments was to improve the efficiency and welfare of the staff managing the War Service Homes during a time of significant national demand.

Scope and Application

The War Service Homes (Staff) Regulations, amended by Statutory Rules 1944, No. 98, pertain to the staff of War Service Homes, which were established to provide housing and related services for returning service personnel from World War II. The regulations govern the conduct and entitlements of officers within these institutions. These regulations apply specifically to officers working within the headquarters of War Service Homes, impacting their conditions of service, including overtime payments and meal allowances. The regulations provide detailed guidelines for the payment of meal allowances under certain conditions and adjust the process for granting sick leave without requiring a medical certificate. The amendments also repeal and replace existing regulations concerning meal allowances, ensuring that officers receive appropriate compensation for meals taken during work hours. The scope of the regulations is limited to officers working within the administrative headquarters of War Service Homes, and the provisions do not extend to those on temporary assignments away from headquarters or during overnight absences.

Key Provisions

The Regulations under the War Service Homes Act 1918-1941, specifically the War Service Homes (Staff) Regulations, have undergone amendments through Statutory Rules 1944 No. 98. Regulation 44 now includes a sub-regulation (7.) which mandates that officers shall receive a meal allowance in addition to overtime, subject to certain conditions outlined in regulation 89 (1.). This amendment replaces the previous sub-regulation (7.) which was omitted from the regulations. These regulations impose specific obligations on officers working for the War Service Homes administration. Firstly, officers must be compensated with a meal allowance if they are required to work beyond their scheduled shift and perform extra duty after their second meal break, or if they are detained until after their second meal hour. The amount of the meal allowance is determined by the officer’s salary, with a tiered scale specified in the regulations. Additionally, if a three-course meal is available at a canteen or dining facility controlled by the administration, the meal allowance must not exceed the cost of such a meal. There are also provisions for officers working away from their headquarters, which are addressed under sub-regulation (5.) of regulation 75. Failure to adhere to the provisions of these regulations can result in civil or administrative consequences. While the specific penalties are not detailed within the text, it is understood that breaches of employment conditions and entitlements as outlined in these regulations could lead to legal challenges or disputes regarding compensation. Given the context of the War Service Homes Act, which deals with the welfare of war service personnel, the importance of compliance with these regulations cannot be understated. The amendments made by these regulations reflect a need to adjust compensation structures for officers based on the specific conditions of their duties, ensuring that they are fairly compensated for additional work and meal requirements. These provisions are designed to uphold the welfare standards of the officers while maintaining the operational efficiency of the War Service Homes administration.

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