STATUTORY RULES.

1948. No. 58.

REGULATIONS UNDER THE HIGH COMMISSIONER ACT 1909-1945.*

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 High Commissioner Act 1909-1945.

Dated this fourteenth day of May, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

Prime Minister.

Amendments of the High Commissioner (Staff) Regulations.†

Definitions.

1. Regulation 3 of the High Commissioner (Staff) Regulations is amended—

(a) by inserting, before the definition of “officer”, the following definition :—

“ ‘ex-member of the Forces’ means any person who, during the war, served in the naval, military or air forces of His Majesty raised in Australia, the United Kingdom or any other part of the King’s dominions;”;

(b) by omitting the definition of “returned soldier”; and

(c) by inserting in the definition of “the “War”, after the words “August, 1914”, the words “and includes any other war in which His Majesty became engaged after that date”.

2. Regulations 7, 8 and 9 of the High Commissioner (Staff) Regulations are repealed and the following regulation is inserted in their stead :—

Classification.

“7.—(1.) As soon as practicable after the commencement of this regulation, the Minister shall, having regard to any recommendation of the High Commissioner, classify offices of the First and Second Classes of the Service, determining the salary or the range of salary applicable to each office in the respective Classes, the increments of salary payable within the range of salary allotted to an office and the annual rate of salary payable to each officer upon classification.

“(2.) The classification in pursuance of this regulation shall be deemed to have taken effect as on and from the first day of July, 1947, and the salaries of officers shall be adjusted and payable accordingly.

* Notified in the Commonwealth Gazette on 17th May, 1948.

† Statutory Rules 1941, No. 258, as amended by Statutory Rules 1943, Nos. 73 and 300; 1944, No. 172; and 1946, Nos. 50 and 97.

2449.—Price 3d.

“(3.) If the salary payable to an officer immediately prior to his classification in pursuance of this regulation is at a rate higher than the rate of salary payable to him under the classification, he shall be entitled to be paid at that higher rate so long as he continues to occupy that particular office.

“(4.) Particulars of the classification effected in pursuance of this regulation, including the name of the officer occupying each office, shall be notified in the Gazette.”.

Creation, abolition and re-classification of officers.

3. Regulation 11 of the High Commissioner (Staff) Regulations is amended by inserting in sub-regulation (3.), after the word “lowered”, the words “in pursuance of this regulation”.

Increments.

4. Regulation 13 of the “High Commissioner (Staff) Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words from and including the words “to raise his salary” to the end of the sub-regulation and inserting in their stead the words “of the amount payable under the classification of the office”; and

(b) by adding at the end thereof the following sub-regulation :—

“(5.) This regulation shall not apply in relation to an officer whose annual rate of salary is payable on an age basis.”.

Repeal of regulations 14 and 14a.

5. Regulations 14 and 14a of the High Commissioner (Staff) Regulations are repealed.

Requirements upon appointment.

6. Regulation 15 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (4.) the words “a returned soldier” and inserting in their stead the words “an ex-member of the Forces”.

Promotions.

7. Regulation 21 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (2.) the words “a returned soldier” and inserting in their stead the words “an ex-member of the Forces”.

Definition of service.

8. Regulation 43 of the High Commissioner (Staff) Regulations is amended by omitting the words “means continuous service in the High Commissioner’s Office” and inserting in their stead the words “includes any service which would, if the officer were a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943-1944, be reckoned as part of his period of service for the purposes of that Act”.

Recording and payment of overtime.

9. Regulation 46 of the High Commissioner (Staff) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“(1.) If an officer whose normal hours of duty are 36¾ hours per week is required to commence duty before, or continue duty after, the normal time for his commencing or ceasing duty, the officer shall, subject to this regulation, be paid at overtime rates for—

(a) time on duty before 8 a.m. or after 6 p.m. on any day from Monday to Friday, inclusive;

(b) time on duty in excess of 38 hours per week within the limits of 8 a.m. and 6 p.m. from Monday to Friday, inclusive; and

(c) time on duty on a Saturday, unless the officer is rostered for that duty and time off duty equivalent to the period of duty performed is granted.”;

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The maximum amount payable in respect of overtime worked by an officer during a fortnightly pay period shall not exceed the difference between the amount of salary payable to the officer for a full period of normal duty during that fortnightly pay period and the amount of salary payable fortnightly to an officer in receipt of salary at the rate of £774 per annum.

“(2a.) The hourly rate of overtime shall be ascertained by applying the following formula :—

(c) by omitting from sub-regulation (3.) the words “, except where otherwise prescribed, of 1s. per hour” and inserting in their stead the words “of 2s. per hour and a maximum rate of 7s. 6d. per hour, except where otherwise prescribed”; and

(d) by omitting sub-regulation (9.) and inserting in its stead the following sub-regulations:—

“(9.) An officer in receipt of salary at a rate exceeding £774 per annum shall not be eligible for payment in respect of overtime.

“(10.) Officers who are not working under close supervision and officers whose hours of duty cannot be definitely determined shall not be entitled to payment in respect of overtime except in such cases and on such conditions as are approved by the Minister.”.

Sunday duty.

10. Regulation 47 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (4.) the figures “450” and inserting in their stead the figures “612”.

Payment for or time in lieu of holidays worked.

11. Regulation 49 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (4.) the figures “450” and inserting in their stead the figures “612”.

12. After regulation 60 of the High Commissioner (Staff) Regulations the following regulation is inserted:—

Proficiency allowances.

“60a.—(1.) If an officer designated Stenographer (Grade 1, Grade 2 or Grade 3) satisfies the High Commissioner, by passing a test or other sufficient evidence, as to her efficiency as a shorthand writer at “the rate of 120 words per minute, she shall be entitled to payment of a proficiency allowance at the rate of £12 per annum.

“(2.) If an officer, designated Stenographer (Grade 1, Grade 2 or Grade 3), Typex Operator (Grade 1, Grade 2 or Grade 3) or Typist, satisfies the High Commissioner, by passing a test or other sufficient evidence, as to her efficiency as a typist at the rate of 50 words per minute, she shall be entitled to payment of a proficiency allowance at the rate of £12 per annum.”.

Higher duties allowance.

13. Regulation 61 of the High Commissioner (Staff) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“(1.) When an officer temporarily performs, to the satisfaction of the High Commissioner, the whole of the duties of an office higher than that in which he is classified, he shall be paid an allowance to raise his salary to the minimum salary of the higher office for all time temporarily served in that office in excess of twelve working days in each calendar year:

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

Provided further that, where the salary ranges of the office held by the acting officer and of the higher office temporarily occupied by him overlap, the allowance payable to the acting officer shall be such allowance as would raise his total remuneration, while so acting, to the amount he would have received if he had been permanently promoted to the higher office.”.

Gazettal of appointments, &c.

14. Regulation 69 of the High Commissioner (Staff) Regulations is amended by inserting, after the word “appointments,”, the word “promotions,”.

15. Regulation 74 of the High Commissioner (Staff) Regulations is repealed and the following regulation inserted in its stead :—

Hours of attendance.

“74.—(1.) Except as otherwise provided in this regulation, the hours of attendance of officers shall be from 9 a.m. to 5.21 p.m. from Monday to Friday, inclusive, with an interval of one hour for luncheon.

“(2.) Such officers as the High Commisisoner considers necessary may be rostered for duty on Saturdays, but any officer who performs such duty shall, so far as practicable, be granted a period of time off duty equivalent to the period of duty performed on the Saturday during the following week.

“(3.) Messengers, porters, lift attendants, office cleaners, and any officer engaged in the maintenance of essential services shall observe such hours of attendance as the High Commissioner directs.”.

Repeal of First and Second Schedules.

16. The First and Second Schedules to the High Commissioner (Staff) Regulations are repealed.

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