By His Excellency’s Command,
(J. D. M. Dobie)
Member of the Federal Executive Council, for and on behalf of the Prime Minister.
Amendments of the High Commissioner (Staff) Regulations†
Parts.
1. Regulation 3 of the High Commissioner (Staff) Regulations is amended—
(a) by omitting the words—
“Part III.—Salaries and Allowances.”
and inserting in their stead the words—
“Part III.—Salaries, Allowances and other Payments.”; and
(b) by omitting the words—
“Division 4.—Travelling and other Allowances (Regulations 35-42).”
and inserting in their stead the words—
“Division 4.—Travelling Allowances, other Allowances and other Payments (Regulations 35-42a).”.
Heading to Part III.
2. The heading to Part III. of the High Commissioner (Staff) Regulations is repealed and the following heading inserted in its stead:—
“Part III,—Salaries, Allowances and other Payments.”.
Heading to Division 4 of Part III.
3. The heading to Division 4 of Part III. of the High Commissioner (Staff) Regulations is repealed and the following heading inserted in its stead:—
“Division 4.—Travelling Allowances, other Allowances and other Payments
Fares.
4. Regulation 36 of the High Commissioner (Staff) Regulations is amended—
(a) by inserting in paragraph (a) of sub-regulation (1.), after the word “minimum” (first occurring), the word “annual”; and
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1960, No. 87, as amended by Statutory Rules 1955, No. 87; 1966, No. 76; 1967, No 29 and 79; 1968, No. 21, 103, 128, and 164; 1969, Nos 74, 150 and 192; and 1970, No, 91
22552/70—Price 8c 9/12.1.1972
(b) by omitting from paragraph (b) of sub-regulation (1.) the words “salary of which is less than £1,560” and inserting in their stead the words “ annual salary of which is less than the minimum annual salary for the office of Clerk 7.”
Loss or damage to clothing or personal effects.
5. After regulation 42 of the High Commissioner (Staff) Regulations the following regulation is inserted in Division 4 of Part III.:—
“42a. — (1.) Where—
(a) an officer sustains loss of, or damage to, clothing or personal effects; and
(b) a condition specified in the next succeeding sub-regulation is fulfilled in relation to the loss or damage,
the officer shall be paid, in respect of the loss or damage, an amount determined by the High Commissioner in accordance with this regulation.
“(2.) The conditions relating to loss of or damage to clothing or personal effects of an officer are—
(a) that the loss or damage occurs while the officer is protecting or endeavoring to protect property of the Commonwealth from loss or damage;
(b) that the loss or damage is caused by a fault or defect in goods or other property belonging to the Commonwealth;
(c) that the loss or damage is caused by an act or omission of a person, other than the officer, employed by the Commonwealth; and
(d) subject to the next, succeeding sub-regulation, that the loss or damage occurs otherwise than in a circumstance referred to in a preceding paragraph of this sub-regulation and in the course of, or as a result of, the performance by the officer of his duties.
“(3.) The condition specified in paragraph (d) of the last preceding sub-regulation shall not be taken to have been fulfilled in relation to a loss of or damage to clothing or personal effects of an officer unless—
(a) the officer has taken the precautions that he might reasonably be expected to have taken to avoid the loss or damage;
(b) the officer has not instituted, and does not intend instituting, proceedings against a person who may be liable to him in respect of the loss or damage;
(c) the officer cannot reasonably be expected to take proceedings for the recovery of damages in respect of the loss or damage from a person who may be liable to him in respect of the loss or damage; and
(d) the officer has not received, and is not entitled to receive, from a person liable to him in respect of the loss or damage any sum in respect of the loss or damage.
“(4.) An officer is not entitled to be paid an amount in respect of loss or damage under sub-regulation (1.) of this regulation if he is entitled to be paid an amount in respect of the loss or damage under a contract of insurance.
“(5.) Where an officer is entitled to be paid an amount under sub-regulation (1.) of this regulation in respect of the loss of, or damage to, his clothing or personal effects, the amount to be determined by the High Commissioner for the purpose of that sub-regulation shall be a reasonable sum, not exceeding Eighteen pounds, having regard to—
(a) the price paid by the officer for the clothing or personal effects;
(b) if the clothing or personal effects were lost or damaged beyond repair—the cost of replacing the clothing or personal effects; and
(c) if the clothing or personal effects were damaged but not beyond repair—the cost of repairing the clothing or personal effects.
“(6.) Nothing in this regulation affects any right that an officer may have, apart from this regulation, to recover damages from the Commonwealth or from any other person in respect of the loss or damage sustained by him but if, after an amount has been paid to him under sub-regulation (1.) of this regulation, be recovers damages in respect of the loss or damage, an amount equal to—
(a) the amount paid to him under that sub-regulation; or
(b) the amount recovered as damages,
whichever is the less, is recoverable from him as a debt due to the Commonwealth.
“(7.) In this regulation, a reference to an officer shall be read as including a reference to an employee”.
Deduction from recreation leave on account of other absences,
6. Regulation 51 of the High Commissioner (Staff) Regulations is amended by inserting in sub-regulation (2.), after the word “Regulations,”, the words “ or on furlough granted under regulation 65 of these Regulations,”.
Proportionate furlough or salary in lieu on retirement,
7. Regulation 66 of the High Commissioner (Staff) Regulations is amended—
(a) by omitting front sub-regulation (2.) the words “a member” and inserting in their stead the words “ an officer” and
(b) by omitting from sub-regulation (2.) the words “the member” and inserting in their stead the word “ him”.
Taking into account of conduct of officer.
8. Regulation 69 of the High Commissioner (Staff) Regulations is amended by omitting the figures and word “, 66 or 68” and inserting in their stead the word and figures “or 66”.
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