STATUTORY RULES.

1926. No. 209.

REGULATIONS FOR CIVILIAN STAFF (OTHER THAN GOVERNMENT FACTORIES) UNDER DEFENCE ACT.

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 Defence Act 1903-1918, to come into operation forthwith.

Dated this twenty-second day of December, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

for Minister of State for Defence.

1. These Regulations may be cited as the Civilian Staff Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears:—

“The Act” means the Defence Act 1903-18.

“Minister” means the Minister of State for Defence;

“Secretary” means the Secretary to the Department of Defence.

“Chief Officer” means the Secretary to the Department of Defence; the Captain Superintendent His Majesty’s Australian Naval Establishments, Sydney, New South Wales; the Commandant of a Military District; the Commandant of Royal Military College as regards officers or employees appointed to the College;

“Officer” means a person who is employed in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a permanent capacity in connexion with the Department of Defence and who is appointed by the Governor-General, and shall include persons appointed by the Governor-General to be foremen in Government Munitions Establishments.

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“Employee” means a person (other than an officer) who is employed, in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a civil capacity in connexion with the Department of Defence.

3. (1) The Minister may, by writing under his hand, delegate any of the powers, functions and authorities conferred upon or vested in him by these Regulations.

(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power, function, or authority by the Minister.

Responsibility of Secretary.

4. The Secretary shall be responsible for the general administration of persons employed in a civil capacity under section 63 of the Act, and shall advise the Minister on all matters relating thereto, provided that, with the approval of the Minister, he may delegate any of his powers or duties to another officer.

Staff Committee.

5. (1) A Staff Committee consisting of members appointed by the Minister, including the Staff Inspector, shall advise the Secretary on all matters under these Regulations and the Defence (Civil Employment) Act 1918-22, referred to it for consideration.

(2) The Minister may appoint a Chairman of the Committee.

(3) The Staff Inspector shall make such inspections and inquiries as may be necessary for the information of the Secretary or of the Committee, and shall prepare agenda for the meetings of the Committee.

Public Service Act and Regulations.

6. Where any matter is not provided for by these Regulations the provisions of the Commonwealth Public Service Act and Regulations there under shall apply as if they formed part of these Regulations:

Provided that where in the Public Service Act or Regulations it is prescribed that any action shall be taken by or any power shall be vested in the Public Service Commissioner such action shall be taken by or such power shall be vested in the Secretary:

Provided further that in this application of section 50 of the Public Service Act 1902-18, and Part XIII. of the Public Service Regulations, any reference in that section or part to the “Inspector” shall be deemed to be a reference to a Public Service Inspector, and any reference to a representative of the Division to which the appellant belongs shall be deemed to be a reference to the representative for the time being of the Division in the Public Service corresponding to the Division to which the appellant belongs.

Returns to be Furnished.

7. The following returns are to be prepared and forwarded:—

Hours of Business.

8. (1) The hours of attendance to be observed by officers shall be from 9 a.m. to 4.45 p.m., with an interval of one hour for luncheon, except on Saturdays, when the hours of attendance shall be from 9 a.m. to 12 noon.

(2) The hours of attendance of artisans’ labourers and similar classes shall be from 8 a.m. to 5 p.m., with an interval of one hour for luncheon, except on Saturdays, when the hours of attendance shall be 8 a.m. to 12 noon.

(3) Where the nature of the work or the location of the office will not, in the public interest, admit of the general observance of this regulation, the Chief Officer shall recommend, and the Secretary shall prescribe, the hours of attendance.

(4) The hours of attendance of foremen employed in Government Munitions Establishments shall be 48 per week and shall be worked on six days per week, Monday to Saturday inclusive—eight and three-quarter hours Monday to Friday inclusive, and four and one-quarter hours on Saturday—such hours to be worked between the hours of 7 a.m. to 5.30 p.m. on Mondays to Fridays inclusive, and 7 a.m. to 12.30 p.m. on Saturdays.

Provided that, if necessary, there may be shift work, and in such cases the hours for any one shift shall not exceed eight and three-quarter hours.

Provided further that the Minister may fix less than 48 hours as a week’s work.

Recording Time.

9. Officers and employees shall record their time of entering on or ceasing duty in such manner as may be determined by the Chief Officer. Any person failing to record his time on entering or leaving, and any person discovered recording the time of any other person, shall be deemed to have committed a breach of these Regulations and will be dealt with by the Chief Officer accordingly.

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Absence from Work.

10. No officer or employee shall be absent from his work during the prescribed hours without authorized leave, except by express permission of the Chief Officer or head of the branch, or unless reasonable cause be shown. If an officer or employee be prevented by illness or other emergency from attending to duty, he shall immediately report the fact through the head of the branch to the Chief Officer, and it shall be incumbent upon him to furnish such evidence of the illness or emergency as the Chief Officer may consider necessary.

Deduction for Absence without Leave.

11. (1) Where an officer or employee is absent without leave, there shall be deducted from his salary or wages his pay for each day or part of a day of such absence.

(2) The whole or any part of any pay deducted in pursuance of the last preceding sub-regulation from the salary or wages of any officer or employee may, however, be paid to that officer or employee at the discretion of the Secretary.

Conviction of Offence.

12. If an officer or employee is on an indictment or presentment convicted of any offence he shall be deemed to have forfeited his employment, and shall thereupon cease to perform his duties or receive his salary or wages; provided that where the Minister is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the officer or employee, he may direct his reinstatement.

Insolvent Officers or Employees.

13. (1) If the estate of an officer or employee is sequestrated either voluntarily or compulsorily for the benefit of his creditors, the officer or employee shall apply, as soon as he may legally do so, to a Court of Bankruptcy or Insolvency for a certificate of discharge.

(2) If it appears to the Court that the applicant has been guilty of fraud, dishonorable conduct, or extravagance, the Court shall direct the Clerk of the Court thereupon to report the same to the Secretary.

(3) In addition to compliance with sub-regulations (1) and (2) hereof, the officer or employee shall within seven days of the date of sequestration give to the Chief Officer written notice thereof, with a statement of the causes of his embarrassment.

(4) The Chief Officer shall forward the notice and statement, with any remarks he desires to make thereon, to the Secretary.

(5) Upon being granted a certificate of discharge by a Court of Bankruptcy or Insolvency, an officer or employee shall submit such certificate to the Chief Officer.

(6) If the officer or employee does not apply as aforesaid for a certificate of discharge, or if he applies, and it appears from the report that the officer or employee has been guilty of fraud, dishonorable conduct, or extravagance, the Secretary may impose a penalty or reduce him to a lower Division, status and/or salary, or punish him in such other manner as the case demands, or the Governor-General, or the Minister, as the case may require, may dismiss him.

Attachment of Salaries of Officers or Employees.

14. (1) Where judgment has been given by any Court against any officer or employee for the payment of any sum of money, the person in whose favour the judgment is given may serve on a Paying Officer a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.

(2) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this section, the Paying Officer shall as soon as practicable notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Paying Officer, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.

(3) If the officer or employee fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied the Paying Officer may from time to time deduct from any moneys due to the officer or employee such sums as are in his opinion necessary to enable the judgment to be satisfied, and shall pay those sums to the judgment creditor.

Provided that in no case shall a deduction be made which, will reduce the amount to be received by the officer or employee to less than £2 per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the officer or employee.

(4) Where more than one judgment and statutory declaration are served upon a Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.

(5) A payment made to a judgment creditor in pursuance of this section shall, as between the Commonwealth and the officer or employee, be deemed to be a payment by the Commonwealth to the officer or employee.

(6) A person to whom any payment has been made in pursuance of this section shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.

Penalty: £50 or imprisonment for three months.

(7) If any payment made in pursuance of this section exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any Court of competent jurisdiction.

(8) The foregoing provisions of this section shall not apply in relation to any officer or employee whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.

(9) In this section “the Paying Officer” means the officer of the Department who pays to the officer, in relation to whom the expression is used, the salary or wages due to him by reason of his employment in the Department.

Attaining of Sixty Years of Age.

15. When any officer or employee attains the age of sixty years the Chief Officer shall advise the Secretary whether such officer or employee is willing and fit to continue to perform the duties of his position or whether he should he retired from service. Exclusive of temporary employees, no officer or employee shall continue to be employed after attaining the age of 65 years.

Obligations of Officers or Senior Employees.

16. Officers or employees in charge of any sub-department, branch, or minor division of the department, shall be accountable for the maintenance of good order, and afford the utmost aid and support to the Chief Officer.

Breach of Regulations to be Reported.

17. All officers or employees in charge of any sub-department, branch, or minor division of the department shall report to the Chief Officer any breaches of these Regulations which shall come to their knowledge.

Applications—How to be Made.

18. The application of any officer or employee upon any matter affecting his position shall be made by the applicant himself through the head of his branch to the Chief Officer. Where in exceptional cases an officer or employee desires to communicate with the Secretary, the communication must be so addressed, and shall be forwarded through the Chief Officer to the Secretary, with any remarks considered necessary by the Chief Officer.

Performance of Duties.

19. Every officer and employee shall promptly and correctly carry out all duties appertaining to his office, and shall in due course and at proper times comply with and give effect to all enactments, regulations, and authoritative instructions made or issued for his guidance in the performance of his duties.

Subordination of Officers and Employees.

20. Every officer and employee shall obey promptly all instructions given to him by the officer or employee under whose immediate control or supervision he is placed. If any officer or employee has ground of complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Chief Officer; but he shall, nevertheless, as far as possible, carry out any instructions which may be given to him until the same are countermanded by competent authority.

Information not to be Given.

21. Except in the course of official duty, no information concerning public business or any matter of which an officer or employee has knowledge officially shall be given directly or indirectly, by an officer or employee without the express direction or permission of the Minister or Secretary.

Outside Influence.

22. Officers and employees are prohibited from seeking the influence or interest of any person in order to obtain promotion, removal, or other advantage. Any officer or employee who considers that his claims for promotion or consideration have been overlooked may communicate with the Secretary in the manner prescribed by regulation 18.

Public Property.

23. All officers and employees shall be held responsible for the careful use and preservation of all Government property in their possession, custody or care, and any person carelessly or wilfully defacing or damaging buildings, walls, machines, tools, material, or any other property of the Government, will have cost of replacing or repairing same deducted from his salary or wages.

Borrowing or Lending Money.

24. Any monetary transactions between officers or employees, either as principals or agents, whereby any interest or other return in money or kind is charged or paid, or borrowing money by officers or senior employees from their subordinates, is forbidden.

Duty after usual Hours.

25. Officers or employees will be required to perform public duty beyond the usual hours whenever it is necessary to bring up arrears of work, or to meet any temporary pressure of business.

Overtime.

26. Only work which, from its character or from special circumstances, cannot be performed during the prescribed hours, shall be regarded as overtime work for which extra payment may be made. Overtime shall be recorded and, exclusive of watchmen, may be paid subject to the provisions of this regulation and to the following conditions:—

(a) In the case of officers and employees whose hours of attendance are defined by regulation or otherwise, and who work ordinarily for eight hours a day or less, overtime shall be time worked in excess of eight hours a day.

(b) In the case of officers and employees whose hours of attendance are defined by regulation or otherwise, and whose regular term of daily duty exceeds eight hours a day, overtime shall be time worked on any day in excess of the regular hours of duty, provided also that in any case, except where otherwise prescribed, time worked in excess of forty-eight hours per week shall be regarded as overtime.

(c) In cases where officers and employees are required to work on a Saturday, or some other day in lieu thereof, for portion of a day only, time worked in excess of the usual hours of duty on such day shall be regarded as overtime, provided that in any case where the usual hours of duty on such day are less than four hours, overtime payment shall only be made for time worked in excess of four hours. This provision shall only apply to cases where overtime is computed on a daily basis.

(d) When overtime is computed on a weekly basis, and a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer or employee on such half-holiday, holiday, or holidays is not required, a deduction at the rate of one-twelfth for a half-holiday, and one-sixth for each holiday, shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.

27. (1) Overtime shall be paid at the rate of time and a half, and the hourly rate shall be ascertained as under:—

The minimum rate of payment shall be 1s. 6d. per hour. A fraction of a penny in the hourly rate shall not be regarded in computing overtime payment unless it exceeds a halfpenny, when one penny shall be allowed in lieu of the fraction. Overtime shall be calculated to the nearest quarter of an hour in the total amount of time to be claimed.

(2) An allowance paid to an officer or employee for the performance of the duties of a position of a higher class or grade than that in which the officer is classified shall be regarded as salary for the purpose of computing overtime payment.

(3) An officer in receipt of salary of over £450 per annum shall not be entitled to overtime payment.

Meal Allowance.

28. (1) Where an officer or employee, whose ordinary hours of duty are between 7.30 a.m. and 5.30 p.m., is required to attend for duty before 6.30 a.m., or to remain on duty after 6.30 p.m., or in any case where an officer or employee is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, he shall be granted a meal allowance on the following scale:—

(2) A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay the meal allowance may be granted instead of overtime pay.

Sunday Pay.

29. (1) An officer or employee whose ordinary duties require him to work on week days may, if required to work on Sundays, be paid for the Sunday work in accordance with this regulation.

(2) In cases where the officer or employee is on duty on seven or more consecutive days, in consequence of having to work on the Sunday, he shall be allowed one and a half day’s pay for a day of seven hours, and a proportionate amount for less than seven hours. An officer or an employee may be required to work up to eight hours without further payment, but time worked in excess of eight hours shall be paid for at the same rate.

(3) In cases where the officer or employee is on duty on not more than six consecutive days, in consequence of having to work on the Sunday, he shall be allowed half a day’s additional pay for a full day and proportionate part for less than a full day.

(4) Except with the approval of the Secretary, this regulation shall not apply to officers or employees in receipt of a salary in excess of £450 per annum.

Overtime and Sunday Pay—Authority for Payment.

30. The Chief Officer shall satisfy himself that claims for overtime and Sunday pay are correct in every particular, and in accordance with the regulations, and may approve of payment, but early in each month he shall forward a schedule of overtime and Sunday work performed during the preceding month, containing the names of those who have performed the work, the number of hours worked, and the amounts paid, for the information of the Secretary.

District Allowances.

31. District allowances in accordance with the Commonwealth Public Service Regulations shall be paid to all persons employed under these Regulations who would, if they were members of the Commonwealth Public Service, be entitled to such district allowances.

Sunday Work.

32. No officer or employee shall be liable to dismissal or punishment or other disability for refusing on conscientious grounds to work on Sunday if he has previously notified the Chief Officer that he has conscientious scruples against so working; but he shall not refuse when called upon by his immediate superior to perform Sunday work in cases of necessity. If it should subsequently be found that an officer or employee has improperly made use of this regulation to avoid the performance of his duties, his conduct shall be regarded as a breach of regulations.

Officers or Employees to Obey Summons.

33. (1) Every officer or employee who is summoned by the Secretary, or the Chairman of the Staff Committee, or any person or persons nominated by them, to give evidence upon any subject of inspection, inquiry, or investigation, shall attend to give evidence at the time and place specified in the summons.

(2) Every officer or employee appearing before the Secretary, or the Staff Committee, or any person or persons nominated by them (whether summoned or attending voluntarily) shall answer all questions asked him pertinent to the inspection, inquiry, or investigation, and shall produce all official or public books, documents, or writings in his control, which he is required to produce.

(3) No officer or employee shall be compelled to answer any question tending to incriminate him.

Guaranteed Offices.

34. The Secretary shall determine what offices held by officers shall be guaranteed, and every officer holding a position under these Regulations, which is a guaranteed office, shall contribute to the Guarantee Fund established by and in accordance with Treasury Regulations.

Liability on behalf of the Government not to be Incurred.

35. No person, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government, or alter the terms or conditions of any approved contract.

Performance of Work outside Government Service.

36. (1) No officer or employee, except with the express permission of the Minister, after report by the Chief Officer, shall—

(a) accept or continue to hold an office in or under the Government of any State or in or under any public or municipal corporation; or

(b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or

(c) engage in or undertake any such business, whether as principal or agent; or

(d) engage or continue in the private practice of any profession; or

(e) accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or

(f) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him, either in or out of office hours, in connexion with the Government Service:

Provided that nothing herein contained shall be deemed to prevent an officer or employee from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of accoutrements, ammunition, cloth, clothing, explosives, guns, gun carriages, harness and saddlery, or small arms.

(2) All applications for permission to engage in the performance of work outside the Government Service shall be made to the Chief Officer, who shall forward same, with his report, to the Secretary.

Quarters.

37. Officers or employees in occupation of Government quarters shall have deducted from their salaries or wages by way of rent such amount as may be fixed by the Minister.

Retention of Pension Rights.

38. An officer or employee appointed or transferred from the Public Service of a State or of the Commonwealth to a permanent position under these Regulations, shall preserve all his existing and accruing rights and shall be entitled to receive any pension or superannuation which he would have been entitled to receive had he remained a member of the Public Service of a State or of the Commonwealth.

Travelling Allowances.

39. (1) The following shall be the scale of travelling allowances:—

(a) As may be approved from time to time by the Secretary.

(2) The minimum travelling allowance payable to officers acting as members of an Appeal Board or a Board of Inquiry shall be at the rate of 15s. a day.

(3) Where allowance has been paid to an officer or employee under this regulation for eight weeks’ residence in one locality, the Chief Officer shall submit the case to the Secretary for review. No such allowance shall be continued beyond three months without the concurrence of the Secretary, and if, upon review, the Secretary considers the amount excessive it shall be discontinued or reduced to such amount as the Secretary thinks fit.

(4) No allowance, other than for expenses necessarily incurred, shall be paid under this regulation in any case where an officer or employee is not required to be absent from his head-quarters over night.

40. (1) When officers or employees travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those officers or employees would be entitled shall be allowed.

(2) Where an officer or employee is provided with subsistence and lodging, the Secretary shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale of travelling allowances, according to the period of residence in the same place.

(3) Where an officer or employee is provided with subsistence without lodging, or is provided with lodging without subsistence, the Secretary may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, and by not more than two-thirds where subsistence only is provided.

41. (1) Where officers or employees are required to reside at Military Camps in the country in the performance of their duties, and are provided with subsistence without lodging, or lodging without subsistence, the Secretary may reduce the prescribed travelling allowance.

(2) In the case of officers or employees supervising contracts who are required to camp on the work, and are supplied with camp equipment and meals, no allowance shall be paid whilst so engaged. If meals are not supplied, allowance of 25s. per week shall be paid.

42. All travelling allowances shall be in addition to the cost of conveyance. The period for which travelling allowances may be claimed shall be computed from the time of departure of the train, steamer, or other conveyance by which officers or employees travel.

43. When an officer or employee temporarily stationed at any place and receiving a travelling allowance has to visit any other place and thereby necessarily incurs extra personal expenses, he may be permitted to draw such additional allowance for the visit as the Secretary directs.

44. (1) Officers regularly employed on relieving duties shall, where employed at a temporary station for less than one week, be paid the scale of allowances provided by regulation 39, but otherwise shall, subject to the provisions of sub-regulation (3) of regulation 39, be granted an allowance on the following scale:—

Provided that this sub-regulation shall not apply to an officer while relieving at a station the location of which does not necessitate his absence from home overnight.

(2) An officer or employee temporarily transferred to perform duty at another station or stations involving absence from home for a period of not less than six weeks shall, subject to the provisions of sub-regulation (3) of regulation 39, be paid an allowance as prescribed in the last preceding sub-regulation, provided—

(a) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid;

(b) that a period of not less than three weeks elapses between the time of an officer’s or employee’s first arrival in, and time of ultimate departure from, any town;

(c) that where an officer or employee is required to leave his temporary head-quarters for a period of not more than one week and has to continue payment for board and

lodging at his temporary head-quarters during his absence, he shall be paid travelling allowance during absence as provided by sub-regulation (1) of regulation 39, in addition to the allowance under this regulation; and

(d) that this regulation shall not apply to cases of officers or employees temporarily required to perform duty in a capital city.

45. (1) When an officer or employee absent from his head-quarters on duty is forced by illness not due to his own fault to take sick leave and he is unable to return to his own home or, in the opinion of the Chief Officer it is inexpedient for him to do so, he may be paid an allowance to the extent of the proved costs to him of such illness, but not exceeding the sum to which he would have been entitled under the regulations governing travelling or relieving allowance had he been on duty for the period involved.

(2) When a temporary employee absent from his head-quarters and in receipt of travelling or relieving allowance is forced by illness not due to his own fault to cease duty, he may be paid an allowance under similar conditions to those provided in the last preceding sub-regulation: provided that the maximum period in respect of which the allowance may be paid shall be six days.

(3) The operation of this regulation shall be subject to the conditions contained in sub-regulation (3) of regulation 39.

46. Where it is proved to the satisfaction of the Secretary by any officer or employee that the travelling expenses he would be entitled to draw under these Regulations do not as a rule cover his actual expenses, the Secretary may authorize a payment in addition to that set forth in the foregong Schedule of Allowances. Provided that the Chief Officer may authorize payments under this regulation in cases where the amount involved does not exceed the sum of Two pounds.

Travelling Time.

47. For travelling time an officer or employee shall be paid at ordinary rates, subject to the limitations hereafter stated.

(a) Travelling time for the purpose of this clause means time necessarily spent by an officer or employee who is on duty away from his usual station in travelling in excess of his usual hours of duty for the day.

(b) It includes the time during which an officer or employee has to wait for trains at a junction station, and in waiting for trains or other scheduled conveyances between the advertised and actual time of departure.

(c) It does not include any time of travelling in which an officer or employee is required to perform any duty.

(d) It does not include the time spent in travelling by sea; nor in a train between 10.30 p.m. and 7 a.m., where a sleeping berth is provided.

(e) It includes time spent in travelling on transfer in all cases where transfer expenses are allowed except where such transfer involves promotion which carries increased pay.

(f) No claim for travelling time shall be admitted unless the travelling time exceed one half-hour in any one day.

(g) No claim for travelling time shall be admitted for more than five hours in any one day.

(h) Officers in receipt of a salary exceeding £450 per annum shall not be entitled to claim for travelling time.

A “day” means from midnight to midnight.

Child Endowment Allowance.

48. (1) In addition to the rates of salary, fixed by these Regulations or under any award made under the Arbitration (Public Service) Act 1920, there shall be payable, as from the first day of November, 1920, allowances at the following rates:—

To each officer or employee who is married or a widower or widow, and who is the father or step-father or mother or step-mother of dependent children under the age of fourteen years and who is in receipt of salary at a rate less than £500 per annum, the sum of £13 per annum in respect of each such child so dependent. A similar allowance may, on the approval of the Secretary, be granted to any officer or employee in respect of orphan or adopted children under the age of fourteen years who are dependent upon and maintained by that officer or employee. Provided that the total sum per annum paid to any officer or employee under this paragraph shall not exceed the amount by which the salary per annum of the officer or employee falls short of £500;

(2) It shall be the duty of each officer or employee who is in receipt of allowance under the provisions of sub-regulation (1) of this regulation, immediately to notify the Chief Officer in the event of his becoming ineligible under the prescribed conditions for the payment of allowance or any portion thereof.

(3) The allowances specified in this regulation shall not be payable to officers or employees who are paid outside trade rates, except in such cases and to such extent as the Secretary determines.

(4) In this regulation salary includes such allowances in the nature of salary as are determined by the Secretary.

Mode of Travelling.

49. Officers and employees shall travel by railway if the cost be not greater than by other means of conveyance.

Whenever an officer or employee does not travel by railway he shall be repaid the actual cost of the necessary and most economical means of conveyance upon furnishing receipts for such payment. Receipts will not be required for any amounts not exceeding Five shillings.

50. Second-class fare shall be allowed to an officer or employee the maximum salary of whose position does not exceed £336 per annum. In other cases, first-class fares shall be allowed, provided that in special cases the Chief Officer may allow first-class fare to any officer or employee.

Conveyance of Officers and Employees Transferred.

(Where Cost Borne by Officers and Employees.)

51. Officers or employees who are transferred from one locality to another solely at their own request, or by exchange (except as provided for in the next regulation), must bear the whole cost of their removal. When transferred on account of misconduct, the cost must be borne by officers or employees in fault, unless otherwise determined by the Secretary prior to removal.

(Where Cost Borne by Department.)

52. When officers or employees are transferred—

(a) in the public interest;

(b) to meet the convenience of the Department, or in the ordinary course of promotion;

(c) on account of illness, due to causes over which the officer or employee has no control, provided a medical certificate be furnished to the effect that a change is needed to restore health,

the actual cost of conveyance of such officers and employees, as well as that of their wives and children, will be paid by the Department.

53. (1) Payment of cast of removing furniture and household effects shall be subject to the following limitations:—

(2) In providing for cost of removal, only necessary household furniture and effects shall be taken into consideration.

(3) Where exceptional circumstances can be shown to exist, a reasonable amount in excess of the maximum under these Regulations may be authorized by the Secretary.

54. (1) Before removal is undertaken, the officer or employee shall, where practicable, obtain offers from at least two carriers, and submit same to the Chief Officer, who may authorize the acceptance of the more suitable.

(2) The Secretary may, in lieu of cost of removal, authorize payment of an amount less than the maximum prescribed for removal expenses to compensate for loss in any case where an officer or employee elects to dispose of his furniture and effects instead of removing them to his new station.

(3) An officer or employee shall not be entitled to any compensation from the Government for losses or damages arising from removal.

(4) Furniture, where practicable, shall be removed by railway if the cost be not greater than by other means of conveyance.

(5) Vouchers must be produced for all sums paid.

Public Holidays.

55. (1) The following days or any days prescribed under the law of any State to be observed in lieu thereof in that State shall be observed as holidays, namely:—

First day of January.

Twenty-sixth day of January.

Christmas Day and the following day.

Good Friday and the following Saturday and Monday.

The anniversary of the birthday of the Sovereign.

The 25th day of April and any day proclaimed by the Governor-General or required by any Act to be observed in lieu of any of the said days.

(2) Whenever any of the said days, except the 25th day of April, falls upon a Sunday, the next following Monday shall be observed as a holiday in lieu of such Sunday.

(3) In addition to the days mentioned in sub-regulation (1) of this regulation there may be observed as public holidays or half-holidays such additional days or half-days, not exceeding in the whole, four days in any one calendar year as are authorized by the Minister.

(4) In addition to the days hereinbefore named any specified day or half-day proclaimed by the Governor-General as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof may be observed as a holiday or half-holiday in the locality in respect of which the holiday or half-holiday is proclaimed.

(5) The Minister or the Secretary may require an office or any part thereof to be kept open in the public interest for the whole or any portion of a holiday obsrved in pursuance of sub-regulation (1), (2), or (4) of this regulation and may require the attendance and services of any officer or employee during that holiday, but in that case the officer or employee shall be granted an amount equal to a day’s salary calculated in the manner prescribed in regulation 56 if a full day’s attendance has been required and a proportionate amount if less than a full day’s attendance has been required.

Provided that no proportionate payment shall be less than one half-day’s salary calculated in the manner prescribed in regulation 56.

Provided further that the payment of any amount in consequence of the attendance and services of an officer or employee on any holiday granted in pursuance of sub-regulations (1), (2), or (4) of this regulation shall if the salary of the officer or employee concerned exceeds £450 be subject to the approval of the Secretary.

(6) Where the attendance and services of any officer or employee are required during any holiday or half-holiday authorized under the provisions of sub-regulation (3) of this regulation, that officer or employee shall be granted a period off duty in lieu of the holiday or half-holiday or portion of a holiday so worked and the period off duty shall be added to the officer’s next ensuing recreation leave.

Provided that no period off duty in respect of work performed on any holiday shall be less than one half-day.

Provided further that the allowance of any period off duty in consequence of the attendance and services of an officer or employee on any holiday granted in pursuance of sub-regulation (3) of this regulation shall if the salary of the officer or employee concerned exceeds £450 be subject to the approval of the Secretary.

56. (1) A day’s salary for the purpose of payment for duty performed on a holiday shall be calculated by multiplying the hourly rate of salary by the number of hours in an ordinary day’s duty for the day on which the holiday occurs and one half-day’s salary shall be half a day’s salary so calculated.

(2) The hourly rate of salary shall be calculated in accordance with the following formula:—

(3) For the purpose of sub-regulations (1) and (2) of this regulation salary shall include allowance for the performance of higher duties.

Leave of Absence for Recreation.

57. (1) In each year the Chief Officer may grant eighteen days’ leave of absence (exclusive of Sundays and holidays) to officers and employees who shall have been continuously employed for twelve months prior to application.

(2) Officers and employees absent without leave the day before or after such recreation leave shall not receive pay for such recreation leave.

Furlough.

58. When an officer or employee has continued in the Government Service for at least twenty years, the Minister may grant to him leave of absence for a period not exceeding one month and a half on full salary or three months on half salary, in respect of each completed five years of continuous service.

Provided that an officer or employee shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.

(2) When an officer or employee who has continued in the Government Service for at least twenty years is retiring from the Government Service, the Minister may authorize payment to him upon retirement of a sum equivalent to the amount of salary that would have been received by him during such leave of absence as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.

(3) Upon the death of any officer or employee who at the date of his death was eligible under this regulation for the grant of leave of absence, the Minister may authorize payment to the dependants of the officer or employee of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer or employee had he retired immediately prior to the date of his death.

(4) Notwithstanding anything contained in this regulation—

(a) there shall not be granted under this regulation, in respect of the service of any officer or employee, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;

(b) except upon the retirement of an officer or employee who has attained the age of 60 years, leave of absence for recreation shall not be granted in respect of the year in which

leave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation:

Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s or employee’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and

(c) the official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

(5) This regulation shall be deemed to have commenced on the thirtieth day of November, One thousand nine hundred and nineteen.

59. (1) The Minister may grant to any officer or employee whose period of service is less than twenty years, who is not eligible for furlough under the last preceding regulation, immediately prior to his retirement from the Government Service on or subsequent to his attaining the age of 60 years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—

(2) In lieu of leave in accordance with the last preceding sub-regulation the Minister may authorize payment to an officer or employee, eligible for leave in pursuance of that sub-regulation upon his retirement from the Government Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer or employee could have been granted under that sub-regulation.

(3) Where an officer or employee who is less than 60 years of age retires from the Government Service after less than twenty years’ service, and produces to the Minister satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his own control, the Minister may authorize payment to the officer or employee of a sum equivalent to the salary for a period of leave not exceeding that for which, had be attained the age of 60 years, he would have been eligible under sub-regulation (1) of this regulation.

(4) In the event of the death of an officer or employee before he has completed twenty years’ service in the Government Service and either before or after he has attained the age of 60 years, the Minister may authorize payment to the dependants of the officer or employee of a sum equivalent to the salary for the period of leave which the officer or employee would have received had he been eligible for, and granted, leave of absence under sub-regulation (1) of this regulation.

(5) The official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

60. For the purposes of the last two preceding regulations salary includes such emoluments as are prescribed.

Leave of Absence for Military Purposes.

61. Unless specially exempted by the Minister, all officers and employees subject to Universal Military Training must comply with the Military Regulations, otherwise they forfeit their employment. Officers and employees who are obliged under Military Regulations to absent themselves from work will be granted leave, and the difference between the military pay received for working days and the pay which they would have received had they remained at work will be made up by the Department except when the training required is for failure to become efficient or while undergoing confinement for an offence. Officers and employees absent on holidays granted under these Regulations will be permitted to retain both military and civilian pay if attending military camp during such holidays.

62. (1) Leave of absence may be granted to officers and employees who are members of the Defence Force—

(a) in cases where such absence is necessary to enable the member to fulfil the course of training prescribed in Part XII. of the Defence Act 1903-1918;

(b) to enable them to attend Schools of Naval or Military Instruction.

(2) Such leave may, at the option of the officer or employee be deducted from annual or accumulated leave, and in respect of the period so deducted shall be granted on full pay; otherwise, it shall be granted without pay unless the daily pay of the officer or employee computed by dividing his annual salary by 313 exceeds his daily pay as a member of the Defence Force, when leave may be granted with pay at the rate of such excess.

War Service.

63. Any person who is employed in a civil capacity in connexion with the Defence Force and who is or becomes a member of any unit of the Australian Military Forces and is on War Service and in receipt of pay as a member of the Military Forces shall be deemed to be on leave of absence without pay from his office under these Regulations during the period of his service with the Australian Military Forces as aforesaid, but such period of service shall for all purposes be included as part of his service under these Regulations.

Extended Leave without Pay.

64. With the approval of the Governor-General, on the recommendation of the Secretary, leave of absence, without pay, may be granted to any officer or employee for any period not exceeding twelve months, but the period of such leave shall not for any purpose be included as part of the period of service of such officer or employee.

Leave of Absence on ground of Illness or Injury.

65. (1) Applications for leave of absence on the ground of illness shall be supported by the certificate of a 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 Chief Officer, the production of a medical certificate shall not be necessary.

(2) Subject to sub-regulation (1) of this regulation where sick leave is granted without the production of a medical certificate or other evidence approved by the Secretary, such leave shall be without pay.

66. (1) In the case of the illness of an officer or employee, the Chief Officer may, on production of satisfactory medical evidence, grant the officer or employee leave of absence upon the following conditions:—

(a) The basis for determining the terms on which leave of absence may be granted on account of illness shall be ascertained by multiplying one week on full pay, two weeks on half pay, and four weeks on third pay by the number of completed years of the officer’s or employee’s service.

(b) To determine the leave, if any, for which an officer or employee is eligible under this regulation, the leave that has been granted during his service at rates of full pay, half pay, and third pay respectively, shall be deducted from the periods ascertained under the provisions of paragraph (a) of this regulation:

Provided that, in the case of an officer or employee who was appointed before the commencement of this regulation, the leave of absence to be deducted shall be the leave of absence granted within seven years preceding the date of commencement of this regulation, together with any leave granted since such date:

Provided further that no deduction shall be made in the case of a returned soldier in respect to leave granted within three years after the date of his discharge from the Expeditionary Forces.

(c) After deduction has been made as provided in paragraph (b) of this regulation, the periods remaining at each rate of pay shall be the periods of leave for which the officer or employee is eligible at the date of application:

Provided that the maximum period allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks.

(d) Where an officer or employee has exhausted all leave allowable with pay, he may be granted leave without pay:

Provided that in respect to any continuous period of absence, leave with pay and without pay shall not exceed seventy-eight weeks.

(c) In any case where any officer or employee has not completed twelve months’ service he may be granted such proportion of one week on full pay, two weeks on half pay, and four weeks on third pay as his service in completed months bears to twelve months.

(2) 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 officer is eligible, and such record shall be amended from time to time as becomes necessary by recording any further leave granted the officer and the leave for which he is still eligible in accordance with his length of service.

67. (1) Where an officer or employee has been absent through illness, for thirteen weeks continuously, and application for further leave is made, the Chief Officer may, subject to these regulations, provisionally grant further leave, but all such applications with supporting evidence of illness shall be forwarded to the Secretary for determination.

(2) The granting of such further leave shall be subject to the officer or employee being examined by a Commonwealth medical officer or other medical practitioner approved by the Secretary.

68. If any officer or employee 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 the Commonwealth Medical Officer, or other medical practitioner approved by the Secretary, has certified that he is fit to resume work:

Provided that where an officer or employee resumes duty after a lesser period than thirteen weeks’ continuous absence due to illness, the Chief Officer may, if he is of opinion that the officer or employee is not fit to resume duty, direct him to submit himself for examination by an approved medical officer or practitioner, and if the examination discloses that the officer or employee is unfit to resume duty, the Chief Officer shall grant such further leave of absence on account of illness as the medical report indicates as necessary.

69. (1) If the Chief Officer has reason to believe that an officer or employee is in such a state of health as to render him a danger to his fellow officers or the public, he may require the officer to obtain and furnish a report as to his condition from a duly qualified medical practitioner, or may require him to submit himself for examination by a Commonwealth Medical Officer or medical practitioner named by the Chief Officer.

(2) Upon receipt of the medical report the Chief Officer may direct the officer or employee 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 officer or employee’s absence shall be regarded as absence on leave owing to illness.

70. (1) Upon 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, an officer or employee is unable to attend for duty, the Chief Officer may grant the officer or employee leave of absence. Such leave of absence may be regarded as leave of absence owing to illness or, at the option of the officer or employee, the whole or any portion of the leave may be deducted from recreation leave due.

(2) Leave of absence under the last preceding sub-regulation shall not be granted for any period beyond the earliest date at which it would be practicable for the officer or employee to resume duty, having regard to the restrictions imposed by law.

71. The rate paid for public holidays occurring during absence on leave shall be the same as that allowed for the period of leave in which the holiday occurs.

72. (1) No leave shall be granted with pay on account of illness caused by the misconduct of the officer or employee, or in any case of absence from duty without sufficient cause.

(2) Where the Chief Officer, or any officer approved by the Chief Officer, has occasion for doubt as to the cause of the illness or the reason for the absence, he may instruct a medical practitioner to visit and examine the officer or employee, or may direct such officer or employee to attend on a medical practitioner for examination.

(3) If the report of the medical practitioner is not favorable to the officer or employee concerned, or if the officer or employee is not available for examination at the time of the medical practitioner’s visit without, in the opinion of the Chief Officer, reasonable cause therefor, a fee for the examination or visit shall be charged against the officer or employee and be deducted from his salary.

(4) The fee for examination if conducted at the medical practitioner’s rooms shall be 10s. 6d., but if the medical practitioner is required to visit the officer the fee shall be £1 1s.:

Provided that where the distance travelled would, in the opinion of the Chief Officer, warrant a greater fee than £1 1s., such fee may be paid as is arranged between the Chief Officer and the medical practitioner.

(5) The fee shall be paid to the medical practitioner unless he be a permanent officer of the Service, when it shall be paid into the Consolidated Revenue.

(6) An officer or employee shall submit himself to medical examination, when required to do so, by a medical practitioner selected by the Secretary.

Officers or Employees Injured in the Performance of their Employment.

Injuries.

73. In every instance in which an officer or employee is injured in the performance of his employment to such an extent as to require prompt medical attention, the nearest medical practitioner shall at once be sent for to attend to the immediate necessities of the case, and, in addition, in the case of a serious injury, the sufferer shall, provided he can be moved with safety, be conveyed with the least possible delay to the nearest public hospital, or, if he so elect, to his home.

Medical Expenses.

74. Medical expenses may, on the approval of the Chief Officer, be allowed to any officer or employee injured while in the performance of his employment, provided that the Principal Medical Officer, or other departmental medical officer, certifies that such attendance was necessary, and that the charges are reasonable. Medical expenses for treatment at home shall not exceed the cost of treatment at a public hospital.

Treatment at Public Hospitals.

75. Officers or employees injured in the performance of their employment may be treated at the expense of the Department in approved public hospitals.

76. Where a temporary officer or employee sustains injuries of such a nature as to incapacitate him from the performance of his duties, the provisions of the Commonwealth Workmen’s Compensation Act 1912 shall apply and be read as if the Act were amended in the following manner:—

(i) The words “Two thousand pounds” be substituted for the words “Five hundred pounds” in Section 1 (a) (i).

(ii) The words “gross negligence or” inserted in Section 4 (2) (b), after the word “his.”

(iii) The words “such weekly payment not to exceed Forty shillings” omitted from paragraph (1) (b) of the First Schedule.

EMPLOYEES—GENERAL DIVISION.

Appointment of Employees.

77. The General Division shall include all employees (other than temporary employees) appointed by the Minister to the General Division, provided that certain persons appointed by the Governor-General before the commencement of those Regulations shall, if the designations of their offices are named in regulation 85 be deemed members of the General Division, and be subject to the rates and conditions of salary specified.

78. There shall be published annually in the Commonwealth of Australia Gazette a list showing all permanent employees of the General Division under these Regulations.

Qualifications of Candidates.

79. Candidates for appointment to the General Division shall be either—

(1) Youths not exceeding eighteen years of age who have passed the Commonwealth Public Service Examination for the General Division, or its equivalent in standard, and produce satisfactory references from their Area Officers and previous employers, if any.

(2) Members or ex-members of the Defence Force, or any Expeditionary Force raised under Defence Act 1903-18, whose ages do not exceed fifty years, and who produce satisfactory references.

(3) Persons possessed of special qualifications for the duties required to be performed, whose ages do not exceed fifty years, and who produce satisfactory references.

(4) Members of the Defence Force of any age, but not exceeding sixty-five years, who occupy positions designated in regulation 85.

Vacancies to be Advertised.

80. Applications to fill vacancies shall be invited in the metropolitan press and in District Orders of the State concerned, and the applications, accompanied by the Chief Officer’s recommendations, shall be submitted to the Secretary.

Medical Fitness for Appointment.

81. Candidates for appointment shall, before appointment, produce a certificate signed by the Principal Medical Officer, or other departmental medical officer, that they are medically fit and sufficiently active to perform the duties required of them.

Conditions of Appointment.

83. Candidates for appointment shall pass such examination or comply with such conditions as may be prescribed by the Minister.

Appointment on Probation.

83. Every employee shall, in the first instance be appointed on probation for a period of six months, and his appointment may be annulled, confirmed, or extended by the Minister.

Retention of Previous Salary.

84. On first appointment to the General Division, a non-commissioned officer, or man of the Permanent Naval or Military Forces, in receipt of a salary higher than the minimum prescribed for the lowest grade, shall be permitted to retain such higher rate until promoted to a higher grade.

Classification of Employees—General Division.

85. (1) The classification of employees of the General Division shall be as follows, with limits of pay as shown therein:—

Table “A.”

Classification of Employees—General Division—continued.

Classification of Employees—General Division—continued.

* Increments will be granted annually, except in cases marked “*,” where advancement will be as determined from time to time by the Secretary.

The minimum and maximum rates shown indicate the limits of pay for each position, and the amount of increment shown is the amount which ordinarily will be granted, but in special circumstances an employee may be paid at any rate of pay within the limits prescribed for his position.

86. Any employee occupying a position designated in Table A on 1st September, 1918, who, under the regulations in force prior to that date, was eligible for any higher rate than is herein prescribed, may be paid such higher rate from the date he would have become entitled thereto under such regulations.

Temporary Appointment to Another Position.

87. Notwithstanding anything contained in these Regulations, an employee may be temporarily appointed by the Minister to any position in the General Division at the salary allotted to such position, and such temporary appointment shall terminate on a date approved by the Minister.

88. Notwithstanding the maximum rate of salary prescribed for Male Senior Assistants in Table A of regulation 85, Male Senior Assistants who are performing clerical duties which, in the opinion of the Secretary, warrant a higher salary than such maximum rate, may, on the approval of the Secretary, be paid a salary not exceeding £289 per annum.

Minimum Salary.

89. (1) Every employee of the General Division who has attained the age of twenty-one years shall be entitled to receive a salary of at least £204 per annum.

(2) Employees who receive the salary of £204, as prescribed in this regulation, shall be entitled to the annual increment set out in regulation 85 (1) Table A, provided that seniority shall be determined by the ordinary course of progression through grade.

Increases and Increments—Employees.

90. (1) All increases and increments shall be discretionary, and, except where otherwise provided, subject to the approval of the Secretary and the necessary appropriation of Parliament.

(2) Where an employee receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.

Allowance for Performing Duties of Higher Positions.

91. In special circumstances the Secretary may grant an allowance to any employee who is required to perform, for a period exceeding one month in any twelve months, the duties of a position higher than that to which he has been appointed, or who is required to regularly attend for duty outside ordinary hours.

Advancement And Promotion.

92. Except where otherwise provided, no advancement or promotion from grade to grade shall be allowed unless the Secretary is satisfied that the employee is entitled by the amount and importance of his work, and by his efficiency and good conduct, to receive it.

Conditions of Promotion.

93. Promotion to fill vacancies may be conditional upon employees passing an examination prescribed by the Minister.

Offences by Employees.

94. If an officer or employee in charge or sub-charge is of opinion that an employee under his supervision has committed any of the offences named in regulation 128, he may temporarily suspend such employee from duty, and shall immediately report the matter to the Head of the Branch or Office or the Chief Officer.

95. If an employee is reported to have committed any of the offences named in regulation 128 he may be suspended from duty by the Secretary, the Chief Officer or the head of the Branch or Office as the case may require.

96. If, after such inquiry as may be determined by the Secretary, an employee is deemed to be guilty of an offence, the Secretary may impose a penalty upon the employee offending or deprive him of his leave of absence during a specified period, or reduce him to a lower status and/or salary; or the Minister may terminate his appointment and such employee shall thereupon cease to be employed by the Commonwealth.

97. The suspension may at any time be removed by the Secretary, who shall determine whether any pay shall be allowed the employee for the period of suspension.

98. In the case of minor offences, an employee may be reprimanded by the Secretary or the Chief Officer, without suspension.

Termination of Appointment.

99. If, after such inquiry as the Minister may determine, an employee is deemed to be inefficient or incompetent or it is considered that a reduction of staff is necessary or that the services of an employee are no longer required, the Minister, on the recommendation of the Secretary, may terminate his appointment, and such employee shall thereupon cease to be employed by the Commonwealth.

Foremen.

100. The number of persons appointed by the Governor-General to be foremen in the Government Munitions Establishments shall not exceed fifteen, provided that the Minister may employ persons in excess of such number to be temporary foremen.

101. To be eligible for appointment as foreman in a Government Munitions Establishment, a person shall have been employed for not less than ten years in a Government Establishment, five years of which must have been in the position of temporary foreman in a Government Munitions Establishment, and shall possess such technical and educational qualifications as may be prescribed by the Minister.

102. The rates of salary or wages to be paid to foremen and temporary foremen shall be as fixed by the Minister.

103. All temporary foremen shall be engaged temporarily by the day, and their engagements shall be terminable without notice on

either side, provided that a temporary foreman engaged under agreement shall be subject to the terms of such agreement. Employment as a temporary foreman shall not establish any claim to permanent employment on any ground whatever.

104. With the exception of regulations 58 to 60 the word “officer” shall be read to include temporary foreman.

TEMPORARY EMPLOYEES.

Authority for Employment.

105. (1) Each Chief Officer is authorized to approve of the engagement and discharge of temporary employees, provided that the amount allocated to him for temporary assistance shall not be exceeded.

(2) No person shall be employed under this regulation for a longer period than six months in any one year unless with the written approval of the Secretary.

Quarterly Return of Temporary Employees.

106. Each Chief Officer shall furnish the Secretary with a quarterly return, in triplicate, of all temporary employees employed in his District at the end of the quarter. The return shall be divided into Branches and shall give the following particulars:—

(1) Name of employee.

(2) Position occupied.

(3) If male, whether he is a returned soldier. If female, whether she is the mother, daughter, sister, or widow of a soldier who has served abroad with the A.I.F.

(4) If negative answer to (3), what are special reasons for employment.

(5) Rate of pay and date of receipt.

(6) Date first employed.

(7) Whether continued employment necessary.

Engagement.

107. All temporary employees shall be engaged by the day, and their engagements shall be terminable without notice on either side. Temporary employment shall not establish any claim to permanent employment on any ground whatever.

Rates of Wages.

108. (1) All temporary employees shall be paid the rate of wages prescribed by law for the trade or calling in which employed, provided that where no statutory rate exists, the Chief Officer shall recommend, and the Minister will prescribe, the wages to be paid, provided that the Minister may, under special circumstances, prescribe special rates of wages, allowances, or privileges, for temporary employees.

(2) The Chief Officer may, within limits approved by the Minister, fix rates of wages in advance of the statutory or prescribed rates.

Sick Leave.

109. (1) Temporary employees who are returned soldiers may be granted leave of absence on account of illness, subject to the following conditions:—

(a) the employee shall apply in writing, stating the cause of absence;

(b) where the employee has not completed 26 days’ actual duty, the Chief Officer, if satisfied that the absence is due to illness, may grant the employee leave of absence without pay;

(c) where the employee has completed 26 days’ actual duty, the Chief Officer may, if satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—

(i) With pay, at the rate of one day for each 26 days of service in respect of which no sick leave with pay has been previously granted, subject to the production of a medical certificate when the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions; and

(ii) without pay, at the rate of two days for each 26 days of service;

(d) the leave granted under this sub-regulation in any twelve months shall not exceed twelve days with pay and 24 days without pay.

Provided that where satisfactory medical evidence is produced that the illness originated from active service, the Secretary may determine the conditions under which leave shall be granted.

(2) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Chief Officer is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions:—

(a) application for leave shall be made in writing, stating the cause of absence, and, if leave is applied for with pay, supported by a medical certificate when absence exceeds one day or the employee has previously been absent for one day with pay on two or more occasions;

(b) during the first twelve months of continuous service the leave granted shall not exceed 24 days, and shall be without pay; and

(c) after completion of twelve months’ continuous employment the leave granted shall be at the rate of one day with pay and two days without pay for every 26 days’ service, but not more than six days with pay and 24 days without pay shall be granted in any twelve months.

Overtime.

110. Exclusive of watchmen, overtime pay at the rate of time and a half will be allowed for all time worked outside the prescribed hours of attendance, but the minimum rate of payment shall be One shilling and sixpence per hour. A fraction of a penny in the hourly rate shall not be regarded in computing overtime payment unless it exceeds a half-penny, when one penny shall be allowed in lieu of the fraction. Overtime shall be calculated to the nearest quarter of an hour in the total amount of time to be claimed.

Sunday Pay.

111. Subject to regulation 113, double time shall be paid to all employees working on Sundays.

Leave of Absence for Recreation.

112. (1) In each year the Chief Officer may grant eighteen days’ leave of absence (exclusive of Sundays and holidays) to temporary employees who shall have been continuously employed for twelve months prior to application.

Provided that in any case in which an employee in the twelve months preceding the date on which his recreation leave accrues has been absent on approved leave (other than leave under regulation 62), and such other leave as the Secretary from time to time determines) for more than 26 working days in one or more periods, the period of leave which may be granted shall be subject to a deduction of one and one-half days for each 26 working days of absence, excluding the first 26 working days.

(2) A temporary employee leaving of his own accord, or about to be discharged through no fault of his own may, on the approval of the Chief Officer, be granted payment in lieu of recreation leave not exceeding eighteen (18) days due under this regulation, provided that in special cases where the employee has been debarred from taking leave in the preceding year, and such leave has accumulated, payment for a period up to the maximum of thirty-six (36) days may be made on the approval of the Secretary.

(3) Temporary employees absent without leave the day before or after such recreation leave shall not receive pay for recreation leave.

(4) For the purpose of determining eligibility for leave under sub-regulation (1) of this regulation, any discontinuance of employment for any period not exceeding six working days shall not be regarded as a break in the continuity of employment if such discontinuance was entirely due to the requirements of the Service. Additional time equal to the total period of such discontinuance shall, however, be worked before the temporary employee may be regarded as having completed twelve months’ continuous service.

Regulations Generally to Apply.

113. Where not inconsistent with regulations 105 to 112 and exclusive of regulations 14 and 31, the word employees in these Regulations shall be read to include temporary employees.

OFFICERS.

Classification.

114. Officers shall be classified in the Professional Division.

Professional Division.

115. The Professional Division shall include all officers appointed by the Governor-General to the Professional Division, and shall be divided into classes.

116. (1) Officers in Class A.1 shall be paid such salaries as are approved by the Minister from time to time, and are appropriated by Parliament.

(2) Officers, other than those in Class A1, shall be classified as under:—

(3) Officers in Classes C, D, E, and F may be granted annual increments from subdivision to subdivision as set out in the preceding regulation, subject to satisfactory evidence as to good conduct, diligence, and efficiency and to the period of attendance for duty during the year.

(4) Officers in Class B may be awarded increments of £24 each at the discretion of the Minister.

(5) Officers in Class A.2 may be awarded increments of £100 each at the discretion of the Minister.

(6) Notwithstanding anything in this regulation, the Minister may grant an officer any salary within the limits of his class, but an officer who has attained the age of 21 years shall not be paid less than £204, provided that seniority shall not be affected by any salary granted merely because of age.

117. The Governor-General may, upon the recommendation of the Secretary, determine the classification of any officer of the Professional Division or may promote an officer from one class to a higher class to fill a vacancy or a new position.

118. Upon the commencement of this regulation, civilian officers hitherto employed in the Professional Division and as Naval Staff Clerks within the meaning of regulations 66 and 67 of the Naval Financial Regulations shall cease to be subject to those regulations, and shall become and be deemed to be officers of the Professional Division and Clerical Division respectively under these Regulations with classification therein corresponding to their previous classification under the Naval Financial Regulations.

The period of service of any such civilian officer under the Naval Financial Regulations shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations, be included as if that period were part of his period of employment under these Regulations.

(2) In addition to the foregoing, civilian employees employed under the regulations for the employment of persons under section 41 of the Naval Defence Act shall, upon the commencement of this regulation, become and be deemed to be employees of the General Division under these Regulations with classification therein corresponding to their previous classification under the regulations for the employment of persons under section 41 of the Naval Defence Act.

The period of service of such civilian employee under the regulations for the employment of persons under section 41 of the Naval Defence Act shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations he included as if that period were part of his period of employment under these Regulations.

119. Upon the commencement of this regulation, persons hitherto employed in the Professional Division, the Clerical Division, or the General Division (Inspection Staff) within the meaning of Regulations for the Conduct and Management of Government Factories, made under the Defence Act 1903-18, shall cease to be subject to those Regulations, and shall become and be deemed to be officers of the Professional Division, Clerical Division, and General Division respectively under these Regulations with classification therein corresponding to their previous classification under the Regulations for the Conduct and Management of Government Factories.

The period of service of any such person under the Regulations for the Conduct and Management of Factories shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations, be included as if that period were part of his period of employment under these Regulations.

Increases and Increments—Officers.

120. (1) All increases and increments shall be discretionary and subject to the approval of the Secretary and the necessary appropriation by Parliament.

(2) Where an officer receives no increase of pay on transfer, the time served in his former office may be counted in reckoning the interval for increment.

(3) All recommendations for increments shall be forwarded by the Chief Officer to the Secretary.

Allowance for Performing Duties of Higher Position.

121. Where an officer has for at least twenty-six working days (continuously or in periods of not less than one day) within any period of twelve months performed, to the satisfaction of the Chief Officer, the whole of the duties of a position higher than that in which he is classified, he may be granted payment, upon the approval of the Secretary, after the completion of twenty-six working days, and while continuing to perform the higher duties, of an allowance at a rate not lower than the minimum prescribed for officers of the higher position.

Special Allowances.

122. Where an officer or employee is employed on work, not of a permanent nature, and such work, in the opinion of the Secretary, warrants a higher rate of pay than that received by the officer or employee, the Minister may grant the officer or employee an allowance in addition to his salary, and such allowance shall continue only so long as the officer or employee is engaged on such work.

Examination for Appointment as Officers.

123. (1) Notification of vacancies and of intention to hold an examination will be given by notice in the Gazette and by advertisement in the State concerned.

(2) Candidates for appointment as officers must, on the day of the examination, be not less than sixteen nor more than twenty-five years of age at their last birthday. Provided that any person who has served with satisfactory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-18, and whose age at his last birthday previous to appointment was not more than fifty years, and who has passed, whether before or after the commencement of this proviso, the prescribed examination may be appointed.

Appointments on Probation.

124. Every officer shall in the first instance be appointed on probation by the Secretary for a period of six months, but his services may be dispensed with by the Secretary at any time during such period. Before the expiration of the period of probation the Chief Officer shall report to the Secretary on the manner in which the probationer has performed his duties, and upon his general conduct. Upon receipt of such report, the Secretary will recommend to the Governor-General that the appointment be confirmed or annulled, or that the period of probation be extended. Failure to annul or confirm a probationary appointment shall confer no right whatever upon the probationary appointee.

Appointments Without Examination

125. If at any time it appears expedient or desirable in the interests of the Department to appoint as an officer some person who is not an officer in the service of the Department under these Regulations, the Governor-General may, on the recommendation of the Secretary, appoint such person accordingly without either examination or probation, and without regard to age.

126. (1) Notwithstanding anything contained in these Regulations, the Minister may employ any person on such conditions, at such rate of pay, and for such period, not exceeding five years, as are determined by agreement in writing between the Minister and the person.

(2) Any person employed under this regulation shall upon the expiration of the period for which he is engaged, be eligible for reemployment under this regulation.

Incapacity of Officers.

127. If, after such inquiry as the Minister may determine, an officer is deemed to be unsuitable, inefficient, or incompetent, the Minister, on the recommendation of the Secretary, may deal with such officer by transferring him to another position with or without reduction in status and/or salary, or he may recommend to the Governor-General that such officer be called upon to retire from the Commonwealth Service, and such officer, on being called upon to retire, shall retire accordingly.

Offences by Officers.

128. (1) If an officer is reported to have committed any of the following offences, viz.:—

(a) a breach of the provisions of these Regulations; or

(b) wilful obedience or disregard of any lawful order made or given by any person having authority to give such order; or

(c) being negligent or careless in discharge of his duties; or

(d) being inefficient or incompetent, and such inefficiency or incompetency appears to arise from causes within his own control; or

(e) using intoxicating beverages to excess; or

(f) any disgraceful or improper conduct—

he may be suspended from duty by the Secretary, the Chief Officer, or the head of the Branch or Office as the case may require.

(2) If, after such inquiry as the Secretary may determine, an officer is deemed to be guilty of an offence, the Secretary may impose a penalty upon the officer offending or deprive him of his leave of absence during a specified period, or reduce him to a lower status and/or salary; or the Governor-General may dismiss the officer offending or require him to resign.

(3) The suspension may at any time be removed by the Secretary, who shall determine whether any pay shall be allowed the officer for the period of suspension.

(4) In the case of minor offences, an officer may be reprimanded by the Secretary, or the Chief Officer, without suspension.

129. If after inquiry by a Royal Commission appointed under the Royal Commissions Act 1902-12, the Minister is of opinion that the appointment of an officer should be terminated, the Governor-General may terminate such appointment and the officer shall thereupon cease to be employed by the Department.

Award of Commonwealth Arbitration Court.

130. Notwithstanding anything contained in these Regulations any award made by or agreement filed in the Commonwealth Court of Conciliation and Arbitration, in pursuance of the Arbitration (Public Service) Act 1920, or of the Commonwealth Conciliation and Arbitration Act 1904-1926, shall apply as if it formed part of these Regulations, as from the date on which the award or agreement comes into operation, to any department, branch, officer, employee, designation, or position named in such award or agreement.

Repeal of Previous Regulations.

131. All regulations for the employment of persons under section 63, sub-sections (1) and (2) of the Defence Act, heretofore made under the Act, in force at the commencement of these Regulations, are hereby repealed as from the commencement of these Regulations, save as to anything lawfully due, or any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

By Authority: H. J. Green, Government Printer, Melbourne.