STATUTORY RULES.
1942. No. 463.
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REGULATION 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 Regulation under the War Service Homes Act 1918-1941.
Dated this Seventeenth day of October, 1942.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
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Amendment of War Service Homes (Staff) Regulations.†
Higher duties allowance.
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, duties of an office 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 office:
Provided that where the performance of the duties in the higher office arises, directly or indirectly, out of the absence of an officer on recreation leave or sick leave, or on leave for war service, the higher duties allowance shall be paid only in respect of the period of the performance of those duties subsequent to the expiration of twenty-six working days (consecutive or aggregated of periods of not less than one day) within any period of twelve months:
Provided further that a second period of twenty-six days without payment of higher duties allowance shall not be required to be worked so long as the acting service is continuous and extending over twelve months.”.
* Notified in the Commonwealth Gazette on , 1942.
† 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; and 1942, No. 226.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7119.—Price 3d. 20/9.10.1942.
Overview
The Statutory Rules 1942, No. 463, made under the War Service Homes Act 1918-1941, aims to amend the War Service Homes (Staff) Regulations, particularly in relation to the payment of higher duties allowances to officers temporarily performing duties of a higher office. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation seeks to address the need for equitable compensation for officers who perform higher-level duties beyond their classified salary. The policy objective, as stated in the text, is to ensure that officers who act in higher offices are fairly compensated for their additional responsibilities, with specific conditions attached to the allowance when the higher duties arise from the absence of other officers on leave. This regulation was issued to provide clarity and fairness in the compensation framework for officers serving in higher capacities temporarily.
Scope and Application
The Statutory Rules 1942, No. 463, under the War Service Homes Act 1918-1941, pertains specifically to staff within war service homes, establishing regulations that govern their remuneration. This regulation primarily applies to officers who temporarily perform duties of a higher office, ensuring they receive a 'higher duties allowance' equal to the difference between their classified salary and the minimum salary of the higher office. The regulation is limited to officers who perform these duties to the satisfaction of the Commissioner, with specific conditions regarding leave and continuous service. The regulation’s jurisdictional reach is within the Commonwealth, impacting federal war service homes and their staff directly. Notably, the regulation excludes certain periods of temporary duty performance from the allowance if they result from an officer's leave, such as recreation leave, sick leave, or leave for war service, unless the temporary duties continue beyond a specified period of twenty-six working days within a twelve-month period. This regulation is one of several that amend the War Service Homes (Staff) Regulations and extends the application through subordinate instruments, ensuring consistent and updated remuneration practices within the specified framework.
Key Provisions
The key provision of the Statutory Rules 1942 No. 463 is the amendment of Regulation 92 under the War Service Homes (Staff) Regulations. Specifically, sub-regulation (1) is replaced with a new sub-regulation (referenced in section 1). This new sub-regulation outlines the circumstances under which an officer is eligible for a 'higher duties allowance'. This allowance is meant to compensate officers who temporarily perform duties of an office higher than that in which they are classified, provided they meet the satisfaction of the Commissioner. The allowance is calculated as the difference between their classified salary and the minimum salary for the higher office for the period they serve in that higher office.
The obligations imposed by this regulation primarily rest on the officers and the Commissioner. Officers who temporarily perform duties of a higher office must ensure that their performance meets the Commissioner's satisfaction. They must also ensure that any absence due to recreation, sick leave, or war service does not exceed the allowed period of 26 working days within any 12-month period without receiving the higher duties allowance. The Commissioner, on the other hand, is responsible for verifying that officers' duties meet the necessary standards and for determining eligibility for the allowance based on the conditions set out in the regulation.
Failure to comply with the provisions of this regulation may lead to civil or criminal consequences, although the specific penalties are not detailed in the regulation itself. Generally, under the War Service Homes Act 1918-1941, breaches of regulations may result in penalties such as fines or other sanctions as prescribed by the Act or related legislation. The maximum penalties would depend on the nature and severity of the breach, as well as any additional provisions that may be specified in subsequent legislation or regulations.