1

STATUTORY RULES.

1960. No. 87

REGULATIONS UNDER THE HIGH COMMISSIONER (UNITED KINGDOM) ACT 1909-1957.*

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 (United Kingdom) Act 1909-1957.

Dated this 21st day of October, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Sgd. A. R. Downer

for and on behalf of the Prime Minister.

HIGH COMMISSIONER (STAFF) REGULATIONS.

PART I.—PRELIMINARY.

Citation.

1. These Regulations may be cited as the High Commissioner (Staff) Regulations.

Repeal and saving.

2.—(1.) The Statutory Rules specified in the First Schedule to these Regulations are repealed.

(2.) Officers of the First Class and Second Class in the High Commissioner’s Service holding office immediately before the commencement of these Regulations under the repealed Regulations continue, subject to these Regulations, to be officers under these Regulations occupying offices with the designations, rates of salary and duties applicable to the offices held under the repealed Regulations by virtue of the creation, classification or alteration of the classification of the offices under the repealed Regulations.

(3.) Officers of the Third Class in the High Commissioner’s Service holding office under the repealed Regulations immediately before the commencement of these Regulations shall be deemed to be employees under these Regulations.

(4.) Subject to these Regulations, service as an officer of the First or Second Class under the repealed Regulations shall be deemed to be service as an officer under these Regulations and service as an officer of the Third Class under the repealed Regulations shall be deemed to be service as an employee under these Regulations.

* Notified in the Commonwealth Gazette on 27th October, 1960.

3902/60.—PRICE 1S. 9D. 10/20.9.1960.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Composition and Administration of the Service.

Division 1.—General (Regulations 7-10).

Division 2.—Appointments (Regulations 11-16).

Division 3.—Vacancies (Regulations 17-23).

Part III.—Salaries and Allowances.

Division 1.—Salaries (Regulations 24-27).

Division 2.—Allowances for Duty outside Normal Hours (Regulations 28-31).

Division 3.—Higher Duties, Proficiency and Shift Duty Allowances (Regulations 32-34).

Division 4.—Travelling and other Allowances (Regulations 35-42).

Part IV.—Hours of Attendance, Holidays and Leave of Absence.

Division 1.—Hours of Attendance and Holidays (Regulations 43-49).

Division 2.—Recreation Leave (Regulations 50-51).

Division 3.—Sick Leave (Regulations 52-64).

Division 4.—Furlough and Payment in Lieu of Furlough (Regulations 65-71).

Division 5.—Other Leave of Absence (Regulations 72-76)

Part V.—Tenure of Office (Regulations 77-82).

Part VI.—Duties of Officers and Employees and Discipline.

Division 1.—Duties of Officers and Employees (Regulation; 83-90).

Division 2.—Disciplinary Offences and Punishment (Regulations 91-99).

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“classification” means the arrangement of offices and positions in classes, and includes the allotment to offices and positions of salaries or limits of salary according to the value of the work;

“employee” means a person engaged under paragraph (b) of sub-section (1.) of section 9 of the Act;

“holiday” means a day to be observed as a holiday under regulation 48 of these Regulations;

“officer” means a person appointed under paragraph (a) of subsection (1.) of section 9 of the Act;

“the Act” means the High Commissioner (United Kingdom) Act 1909-1957;

“the Official Secretary” means the Official Secretary to the High Commissioner’s Office;

“the repealed Regulations” means the High Commissioner (Staff) Regulations repealed by regulation 2 of these Regulations;

“the Service” means the Service of the High Commissioner;

“war service” means service in a naval, military or air force raised in the Commonwealth, the United Kingdom or in another part of the Queen’s dominions during the war that commenced on the fourth day of August, 1914, or the war within the meaning of section 4 or section 139 of the Re-establishment and Employment Act 1945-1959.

(2.) A reference in these Regulations to an amount of money shall be read as a reference to that amount in sterling.

Responsibility for the efficent working of the Office.

5.—(1.) The Deputy High Commissioner is responsible to the High Commissioner for the proper and efficient working of the High Commissioner’s Office.

(2.) The exercise and performance of the powers and functions conferred on or delegated to the Official Secretary under these Regulations is subject to these Regulations and to any directions of the High Commissioner or of the Deputy High Commissioner.

(3.) The Deputy High Commissioner may exercise any or all of the powers conferred on the Official Secretary by these Regulations or delegated to the Official Secretary and, in that event, a reference in these Regulations to the Official Secretary shall, unless inconsistent with the context, be read as a reference to the Deputy High Commissioner.

Delegations.

6.—(1.) Subject to this regulation, the High Commissioner, the Deputy High Commissioner or Official Secretary may, in relation to a matter or class of matters, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).

(2.) A power or function so delegated may be exercised or performed by the delegate with respect to the matters or to the matters included in the class of matters, specified in the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the High Commissioner, the Deputy High Commissioner or the Official Secretary, as the case may be.

(4.) The High Commissioner shall not delegate any of his powers and functions under these Regulations except to the Deputy High Commissioner or the Official Secretary.

(5.) The Deputy High Commissioner shall not delegate his functions under sub-regulation (1.) of the last preceding regulation.

(6.) The Deputy High Commissioner or the Official Secretary shall not delegate any of his powers and functions under these Regulations except to an officer appointed under the Act or to an officer of the Public Service of the Commonwealth.

PART II.—COMPOSITION AND ADMINISTRATION OF THE SERVICE.

Division 1.—General.

Composition of the Service.

7. The Service consists of—

(a) officers whose service is, subject to these Regulations, of a permanent nature; and

(b) employees appointed to provide temporary assistance.

Creation, &c., of offices.

8.—(1.) The Minister may, on the recommendation of the High Commissioner—

(a) create a new office;

(b) abolish an office; or

(2.) Where the classification of an office is altered, the office shall be deemed to be vacant and the officer who occupied the office immediately before the alteration shall become an unattached officer.

(3.) Where the Minister makes the same alteration of the classification of all offices having the same designation and classification, the Minister may direct that the last preceding sub-regulation shall not apply and in that case that sub-regulation does not apply.

(4.) The High Commissioner shall cause a notification of the creation of a new office, the abolition of an office or the alteration of the classification of an office, or of a direction under the last preceding sub-regulation, to be circulated in the Service.

Temporary positions.

9. The High Commissioner may, subject to any directions from the Minister, provide temporary positions in the Service for the efficient functioning of the High Commissioner’s Office.

Variation of duties of an office.

10. The officer in charge of each branch or section of the Service shall, whenever the necessity arises, report to the Official Secretary on any alterations which, in his opinion, are necessary or expedient for the more economic or convenient working of the branch or section.

Division 2.—Appointments.

Eligibility for appointment as an officer.

11.—(1.) A person is not eligible for appointment to an office in the Service unless—

(a) he is a British subject;

(b) the High Commissioner is satisfied that he has obtained the educational qualifications required for appointment to that office;

(c) subject to the next succeeding sub-section, the High Commissioner is satisfied, upon production by the person of a certificate from a legally qualified medical practitioner, as to his health and physical fitness for appointment to that office;

(d) the High Commissioner is satisfied, upon production by the person of a duly certified extract from an official register of births or other evidence, that he is not less than sixteen years of age and not more than fifty years of age; and

(e) he makes and subscribes an oath or affirmation in accordance with the form in the Second Schedule to these Regulations.

(2.) A person who was engaged on war service is eligible for appointment to an office in the Service, although not free from physical defects resulting from his war service, if the High Commissioner is satisfied, after such medical examination as the High Commissioner requires, that the person is free from such physical defects as would incapacitate him for the efficient discharge of the duties of the office to which he is to be appointed.

Eligibility for engagement as an employee.

12. Except with the approval of the Minister, a person shall not be engaged as an employee unless—

(a) he is a British subject; and

(b) he makes and subscribes an oath or affirmation in accordance with the form in the Second Schedule to these Regulations.

Administration of oath or affirmation.

13. For the purposes of the last two preceding regulations, the Official Secretary or an officer authorized in writing by the High Commissioner may administer the oath or affirmation under those regulations.

Educational qualifications for appointment to an office.

14. The High Commissioner may determine the educational qualifications required in respect of appointment to an office.

Other restrictions on appointment.

15.—(1.) A person shall not be appointed from outside the Service to a vacant office the maximum salary of which exceeds £865 per annum unless the High Commissioner certifies that there is no officer available who is as capable of carrying out the duties of the vacant office.

(2.) A married woman shall not be appointed as an officer unless the High Commissioner certifies that special circumstances exist which make her appointment desirable.

Appointments to be on probation.

16.—(1.) A person appointed as an officer shall, in the first instance, be on probation only and may be continued on probation for a period of six months, but his services may be dispensed with by the High Commissioner at any time during that period.

(2.) After the period of six months on probation has expired, the High Commissioner may confirm or annul the appointment or extend the period of probation for a further period not exceeding six months.

(3.) The High Commissioner may, at any time during an extended period of probation, confirm or annul the appointment.

(4.) Upon the expiration of the extended period of probation of a person whose appointment has not been confirmed or annulled under the provisions of the last preceding sub-regulation, the High Commissioner shall confirm or annul the appointment.

(5.) Notwithstanding anything contained in the preceding provisions of this regulation, a person who has been employed in the Service as an employee or as an officer of the Third Class under the repealed Regulations for a period of at least six months may, upon satisfactory evidence of his conduct, diligence and efficiency during that period, be appointed as an officer by the High Commissioner without probation.

(6.) Unless otherwise directed by the High Commissioner, an annulment of appointment takes effect from the date on which the person is directed to cease to perform the duties of the office as an officer.

(7.) Unless otherwise determined by the High Commissioner, a person whose appointment has been annulled is not eligible for appointment as an officer at any time within the period of twelve months from the date of annulment.

Division 3.—Vacancies.

Meaning of “efficency” and “seniority”.

17.—(1.) For the purposes of this Division, “efficiency” means special qualifications and aptitude for the discharge of the duties of the office to be filled, together with merit, diligence and good conduct, and, in the case of an officer who has, at any time, been engaged on war service, includes such efficiency as, in the opinion of the High Commissioner, the officer would have attained but for his absence on war service, and “efficient” has a corresponding meaning.

(2.) The relative seniority of officers who were appointed under the High Commissioner Act 1909, or under that Act as amended, before the fifth day of November, 1941, shall be determined by the respective dates of those appointments.

(3.) The relative seniority of officers other than those referred to in the last preceding sub-regulation shall, subject to this regulation, be determined according to the dates of the officers’ appointments to the Service.

(4.) An officer appointed as an officer of the Service who was, immediately before his appointment, an officer of the Public Service of the Commonwealth shall be deemed to have been appointed to the Service, for the purposes of this regulation, on the date of his appointment as an officer of the Public Service of the Commonwealth.

(5.) The relative seniorities of two or more officers who are or were appointed on the same day shall be determined by the High Commissioner.

Notification of vacancies.

18.—(1.) Where a vacancy exists in an office in the Service and, in the opinion of the High Commissioner, it is necessary to fill the vacancy, the High Commissioner shall cause a notification to be circulated in the Service inviting applications for appointment, promotion or transfer to the office.

(2.) A notification under the last preceding sub-regulation shall include—

(a) particulars relating to the educational qualifications determined in respect of the office under regulation 14 of these Regulations; and

(b) the salaries, or limits of salary, payable in respect of the office.

Filling of vacancies.

19.—(1.) The High Commissioner may fill a vacancy in an office in the Service by—

(a) the transfer or promotion to the vacancy of an officer who has obtained the educational qualifications determined in respect of the office under regulation 14 of these Regulations; or

(b) the appointment as an officer in the vacancy of a person who is not an officer but who is eligible for appointment under Division 2 of this Part.

(2.) The High Commissioner shall cause a notification of particulars of an appointment, promotion or transfer to be circulated in the Service.

Promotion of officers.

20. In the selection of an officer for promotion to a vacant office, consideration shall first be given to the relative efficiency of the officers available for promotion and, in the event of equality of efficiency of two or more officers, then to the relative seniority of those officers.

Appeals against promotions of officers.

21.—(1.) The promotion of an officer to a vacant office is provisional and without increased salary pending confirmation of the promotion and is subject to appeal as provided by this regulation.

(2.) An officer who considers that he should have been promoted to a vacant office in preference to the officer provisionally promoted may appeal to the Promotions Appeal Committee established under the next succeeding regulation on the ground that—

(a) he is more efficient than the officer provisionally promoted; or

(b) he is just as efficient as, and is senior to, the officer provisionally promoted.

(3.) An appeal shall be in writing setting out the ground of the appeal and shall be lodged with the Chairman of the Promotions Appeal Committee within seven days after the date on which the provisional promotion was notified.

(4.) Where an appeal is made under this regulation, the Promotions Appeal Committee shall make full inquiry into the claims of the appellant and those of the officer provisionally promoted and shall make a recommendation of the High Commissioner, who shall determine the appeal.

(5.) Where the appeal is upheld, the appellant shall be promoted to the vacant office and the provisional promotion shall be cancelled.

(6.) Where the appeal is disallowed, or where no appeal is made in accordance with sub-regulation (3.) of this regulation, the provisional promotion shall be confirmed.

(7.) Notwithstanding anything contained in this regulation, the High Commissioner may, at any time after the notification of a provisional promotion to a vacant office and before the promotion has been confirmed, cancel the provisional promotion if he is satisfied that—

(a) the office is unnecessary;

(b) the office can be filled by the transfer of another officer; or

(8.) The powers of the High Commissioner under the last preceding sub-regulation may be exercised whether an appeal has been lodged or not.

Promotions Appeal Committee.

22.—(1.) For the purposes of appeals under the last preceding regulation, there shall be a Promotions Appeal Committee.

(2.) The Promotions Appeal Committee shall consist of—

(a) a Chairman appointed by the High Commissioner;

(b) an officer appointed by the Official Secretary; and

(c) an officers’ representative ascertained, for the purposes of each appeal, in accordance with sub-regulation (5.) of this regulation.

(3.) For the purposes of this regulation, the offices in the Service shall be divided into groups by the High Commissioner and an officers’ representative and a deputy officers’ representative for each group of offices shall be elected by the staff organization approved by the High Commissioner as appropriate for that group of offices.

(4.) An officers’ representative and a deputy officers’ representative hold office for such period as is determined by the staff organization by which they are elected and are eligible for re-election.

(5.) For the purposes of an appeal, the officers’ representative who shall act as a member of the Promotions Appeal Committee is the officers’ representative for the group of offices in the Service in which the office to which the provisional promotion has been made is included.

(6.) A deputy officers’ representative for a group of offices may, in the event of there being a vacancy in the office of the officers’ representative for that group of officers, or in the event of the inability of that officers’ representative to act in relation to an appeal (whether as a result of a direction given under sub-regulation (8.) of this regulation or otherwise), act as a member of the Promotions Appeal Committee and shall, while so acting, be deemed to be a member of the Committee.

(7.) A member of the Promotions Appeal Committee shall, before proceeding to perform the duties or exercise the powers of a member of the Promotions Appeal Committee, take an oath or make an affirmation in accordance with the form in the Third Schedule to these Regulations.

(8.) Where, before or during the hearing of an appeal, the Chairman is of opinion that the officers’ representative is personally interested in, or may be personally affected by, the appeal, the Chairman may direct that the officers’ representative shall not act or continue to act as a member of the Promotions Appeal Committee in relation to that appeal.

(9.) Where the Chairman exercises his power under the last preceding sub-regulation during the hearing of an appeal, the hearing of the appeal shall be re-commenced.

(10.) Where, at a meeting of the Promotions Appeal Committee, the members are divided in opinion on a question, the question shall be determined in accordance with the decision of the majority.

Temporary transfers.

23.—(1.) The High Commissioner may temporarily transfer an officer or employee from one office or temporary position to another office or temporary position.

(2.) Where it is necessary to fill an office or temporary position temporarily for a period exceeding one month by the transfer of an officer or employee of a lower classification or where a temporary transfer exceeds one month, an officer or employee may appeal against the temporary transfer on the ground that—

(a) he is the senior available efficient officer or employee; or

(b) he is the most efficient available officer or employee.

(3.) The procedure for dealing with an appeal under this regulation is the same as for an appeal against a provisional promotion.

PART III.—SALARIES AND ALLOWANCES.

Division 1.—Salaries.

Salaries of officers.

24.—(1.) An officer who occupies an office opposite to which a scale of rates of salary is specified in the Fourth Schedule to these Regulations shall, subject to this regulation, be paid annual salary at such rate or in accordance with such scale of rates within the scale of rates so specified as is allotted to the office by virtue of its classification.

(2.) An officer who occupies the office of Senior Painter, Electrician, Carpenter, Plumber, Painter or French Polisher shall, subject to this regulation, be paid annual salary at the rate specified in the Fourth Schedule to these Regulations opposite to the designation of the office.

(3.) Where a female officer occupies an office for a period before the first day of July, 1961, annual salary is payable to her in respect of her service in the office for that period at the rate, or in accordance with the scale of rates, of annual salary that would otherwise be payable under this regulation less—

(a) if she has not attained the age of nineteen years—Five pounds;

(b) if she has attained the age of nineteen years but has not attained the age of twenty years—Seven pounds;

(d) if she has attained the age of twenty-one years—Fifteen pounds.

(4.) Subject to these Regulations, an officer shall, unless otherwise determined by the Minister, be paid salary on promotion or transfer to an office at the rate applicable to that office or at the minimum rate within the scale of rates applicable to that office.

(5.) Where an officer is transferred or promoted from an office in which he was receiving salary at a rate higher than the minimum rate of salary in the scale of rates of salary applicable to the office to which he is transferred or promoted, the officer shall not suffer any reduction in his salary.

Increments.

25.—(1.) Where a scale of rates of salary under the last preceding regulation is applicable in relation to an officer, the officer may, subject to this regulation, be paid increments of salary in accordance with that scale.

(2.) An officer is not entitled to receive an increment of salary until he has received salary without the increment for not less than twelve months.

(3.) The date from which an officer is entitled to receive an increment of salary is not affected by an alteration of classification of the office occupied by the officer, being an alteration in relation to which a direction is given under sub-regulation (3.) of regulation 8 of these Regulations.

(4.) If, having regard to the conduct, diligence, efficiency or attendance for duty of an officer during the period after which he is entitled to receive an increment of salary, the Official Secretary is of opinion that the officer should not immediately receive that increment, the Official Secretary may, by order in writing, direct that the increment shall not be paid until the expiration of such period as he thinks fit and, in that case, payment of the increment shall be deferred until the expiration of that period.

(5.) An officer in relation to whom the Official Secretary has made an order under the last preceding sub-regulation may appeal to the High Commissioner and the High Commissioner shall, after enquiry, determine the appeal.

(6.) This regulation does not apply to and in relation to an officer who is paid an annual rate of salary according to age.

Conditions of advancement.

26.—(1.) The High Commissioner may, by writing under his hand—

(a) determine that an officer occupying an office specified in the determination shall, upon compliance with such conditions as are so specified, be paid salary at such rate as is so specified, being salary at a rate not exceeding maximum salary applicable to that office; and

(b) determine that an officer shall not be paid salary at a rate exceeding such rate as is specified in the determination unless he has complied with such conditions as are so specified.

(2.) A determination under the last preceding sub-regulation has effect notwithstanding the last preceding regulation.

Pay of employees.

27.—(1.) An employee who occupies a temporary position in the Service provided under regulation 9 of these Regulations shall be paid salary at such rate, or in accordance with such scale of rates, as is determined by the High Commissioner for that position.

(2.) Where an employee performs the duties of an office, he shall be paid salary at the rate, or in accordance with the scale of rates, applicable to an officer in that office.

(3.) Where an employee was previously employed as an officer of the Third Class under the repealed Regulations as in force before the commencement of these Regulations or as an employee or both, the continuity of his employment shall be deemed not to have been broken for the purpose of calculating his incremental advancement if—

(a) that previous employment was terminated for a reason other than for misconduct; and

(b) during a period not exceeding fourteen months before that advancement becomes due, he was employed for a total period of twelve months.

Division 2.—Allowances for Duty outside Normal Hours.

Overtime.

28.—(1.) In this regulation, “overtime” means—

(a) in relation to an officer or employee whose normal hours of duty are thirty-six and three-quarters hours per week—

(i) duty performed before eight o’clock in the morning or after six o’clock in the afternoon on any day from Monday to Friday (inclusive);

(ii) duty performed between eight o’clock in the morning and six o’clock in the afternoon on any day from Monday to Friday (inclusive) if he completes his normal hours of duty and performs duty before eight o’clock in the morning or after six o’clock in the afternoon of that day;

(iii) duty in excess of thirty-eight hours in the period from Monday to Friday (inclusive) in any week during the hours between eight o’clock in the morning and six o’clock in the afternoon, not being duty to which the last preceding sub-paragraph applies; or

(iv) duty performed on a Saturday, not being duty for which time off duty is granted under sub-regulation (3.) of regulation 43 of these Regulations; or

(b) in relation to an officer or employee whose normal hours of duty exceed thirty-six and three-quarters hours per week—any duty performed before his normal hour of commencing duty or performed after his normal hour of ceasing duty,

being duty performed in pursuance of a direction of the Official Secretary or the officer in charge of the branch to return to duty, in order to bring up arrears of business or to meet pressure of business, given to him before he ceased duty for the day and left his place of duty, or if the overtime duty is performed on a Saturday, given to him before he ceased duty on the preceding day.

(2.) For the purpose of this regulation, the period of overtime shall be deemed to include the time necessarily spent by the officer or employee in travelling to his place of duty to perform overtime and returning to his home.

(3.) Where an officer or employee performs overtime with the sanction of the Official Secretary or, if the circumstances do not permit of such a sanction being given before the overtime is performed, the performance of

overtime is subsequently sanctioned by the Official Secretary, the officer or employee shall be paid in respect of that overtime in accordance with this regulation.

(4.) For the purpose of payment, overtime shall be calculated to the nearest quarter of an hour of the total period of overtime worked in each fortnightly pay period.

(5.) Subject to the next two succeeding sub-regulations, the hourly rate of overtime payment shall be calculated in accordance with the following formula:—

$start formula start fraction Rate of Annual Salary over 313 end fraction times start fraction 6 over Number of weekly hours before overtime is payable end fraction times start fraction 3 over 2 end fraction end formula$

(6.) The hourly rate of overtime payment shall be calculated to the nearest penny.

(7.) The minimum rate of overtime payment shall be at the rate of Three shillings per hour and the maximum rate of overtime payment shall be at the rate of Ten shillings and fivepence per hour.

(8.) A male officer or employee in receipt of a salary exceeding a salary at the rate of £1,695 per annum is not entitled to payment for overtime.

(9.) Officers or employees not working under close supervision and officers or employees whose hours of duty cannot be definitely determined are not entitled to payment for overtime except in such cases and on such conditions as the High Commissioner approves.

(10.) An allowance paid to an officer for the performance of higher duties shall be deemed to be part of the officer’s salary for the purpose of computing payment for overtime.

(11.) Where an officer or employee, performs duty after the time at which his normal hours of duty end on one day and before the time at which his normal hours of duty are to commence on the next succeeding day for a period which results in the officer or employee not being off duty between those times for a continuous period of not less than eight hours, the officer or employee is, unless directed by the officer in charge of his branch to report for duty at an earlier time, entitled to absent himself from duty, without loss of salary, until he has, from the time when he ceased to perform overtime duty, been off duty for a continuous period of eight hours.

(12.) For the purpose of this regulation, if a holiday occurs in any week or an officer or employee is absent on authorized leave in any week, the number of hours per week to be worked before overtime can be claimed shall be reduced—

(a) if the normal hours of duty per week of the officer or employee are defined—by the number of hours for which the officer or employee would have been required to attend for duty if the day or half a day on which the holiday occurs was not a holiday, or by the number of hours for which the officer or employee would have been required to attend for duty on the day or days on which he is so absent, as the case requires; and

(b) if the normal hours of duty of the officer or employee vary with the volume of work to be performed—

(i) for a full day’s absence on authorized leave or for a holiday—by the number of hours which would ordinarily have been paid for in respect of an average day’s duty on the day of absence or on which the holiday occurred;

(ii) for half a day’s absence on authorized leave or for a holiday for half a day—by the number of hours, from the commencement of the authorized leave or the holiday, required to complete the time which would ordinarily have been paid for in respect of an average day’s duty on the day on which he was so absent or on which the holiday occurred; or

(iii) for authorized leave of less than half a day or for more than half a day but less than a full day— by the actual number of hours of leave granted.

Emergency duty.

29.—(1.) Where an officer or employee is recalled for duty on a day to meet an emergency at a time when he would not ordinarily have been on duty, and the direction to attend for duty was given to him after he had ceased his normal duty and left his place of duty on that day, he shall be paid for the emergency duty at twice his normal rate of hourly salary.

(2.) The period of emergency duty includes the time necessarily spent by the officer or employee in travelling to his place of duty to perform the emergency duty and returning to his home.

(3.) The minimum payment for emergency duty under this regulation shall be the amount payable in accordance with this regulation in respect of two hours’ emergency duty.

(4.) Where an officer or employee performs emergency duty and, in the opinion of the officer in charge of his branch, it is essential that the officer or employee be given a respite from duty in the interests of his health, the officer or employee is entitled to absent himself from duty without loss of salary for a period not exceeding the period of the emergency duty worked.

Sunday duty.

30.—(1.) An officer or employee who is required to perform duty on a Sunday shall be paid in respect of that duty in accordance with this regulation.

(2.) Where—

(a) the whole or any part of the duty performed by an officer or employee on a Sunday is in excess of his normal hours of duty per week; or

(b) an officer or employee performs duty on a Sunday in pursuance of a direction given before he has ceased duty for the preceding week,

the officer or employee shall, subject to sub-regulations (6.) and (7.) of this regulation, be paid for the duty performed on that Sunday at twice his normal rate of hourly salary.

(3.) Where the whole of the duty that is in excess of his normal hours of duty per week is performed by an officer or employee before nine o’clock in the morning on a Sunday or after seven o’clock in the evening on a Sunday, the officer or employee shall be paid at the rate ascertained for Sunday duty under this regulation for a minimum of one and a half hours’ Sunday duty.

(4.) Where a portion of the duty that is in excess of his normal hours of duty per week is performed by an officer or employee between nine o’clock in the morning and seven o’clock in the evening on a Sunday or an officer or employee is required to attend more than once on a Sunday, the officer or employee shall be paid at the rate ascertained for Sunday duty under this regulation for a minimum of three hours’ Sunday duty.

(5.) Where an officer or employee performs duty on a Sunday referred to in paragraph (b) of sub-regulation (2.) of this regulation, the time necessarily spent by him in connexion with that duty in travelling to his place of duty and returning to his home shall, for the purposes of this regulation, be regarded as part of the duty so performed.

(6.) Where an officer or employee performs a full day’s duty on a Sunday and that duty is in excess of his normal hours of duty per week, the officer or employee shall, if practicable, be granted a day off duty during the five days immediately succeeding that Sunday and, if the officer or employee is so granted a day off duty, he shall, for the duty performed on that Sunday, be paid at his normal hourly rate of pay.

(7.) The maximum hourly rate of pay for the purposes of this regulation shall be at the rate of Ten shillings and fivepence per hour.

(8.) Except with the approval of the High Commissioner, a male officer or employee in receipt of a salary exceeding a salary at the rate of £1,695 per annum is not entitled to payment for duty on a Sunday.

Holiday pay and time-off duty for holiday duty.

31.—(1.) Where an officer or employee is required to perform duty on the whole or part of a day observed as a holiday in the Service, the Official Secretary shall grant to the officer or employee time off duty for the period of duty performed on the holiday or payment of an amount calculated in accordance with this regulation in respect of the performance of duty on the holiday.

(2.) Where the Official Secretary determines that an officer or employee shall be paid holiday pay, the amount payable to the officer or employee for the performance of a full day’s duty or less than a full day’s duty on a holiday shall be calculated by multiplying the hourly rate of salary ascertained in accordance with sub-regulation (4.) of this regulation by the number of hours of duty that the officer or employee performs on the holiday, but the amount payable shall not in any case be less than the salary payable to him for the performance of one half of the normal number of hours of duty that the officer or employee would have been required to perform if the day had not been a holiday.

(3.) Where an officer or employee performs more than a full day’s duty on a holiday, he shall be paid an amount equal to the sum of—

(a) an amount calculated by multiplying the hourly rate of salary ascertained in accordance with the next succeeding sub-regulation by the number of hours of duty that the officer or employee would have been required to perform if the day had not been a holiday; and

(b) an amount calculated by multiplying each complete quarter of an hour performed on that day in excess of the period equal to his normal hours of duty by twice his normal hourly rate of salary.

(4.) For the purposes of the last two preceding sub-regulations, the hourly rate of salary shall be ascertained in accordance with the following formula:—

$start formula start fraction Rate of Annual Salary over 313 end fraction times start fraction 6 over Normal weekly hours of duty end fraction end formula$

(5.) The rate of salary for the purposes of this regulation shall not exceed the rate of Ten shillings and fivepence per hour.

(6.) Where an officer or employee performs duty on a holiday in pursuance of a direction given after he has ceased duty on the preceding working day and left his place of duty, that duty on a holiday includes the time necessarily spent in travelling to his place of duty and returning to his home.

(7.) Where an officer performs, on a holiday, the duties of an office having a higher classification than his own, the annual salary of the officer shall, for the purposes of this regulation, include any allowance payable for the performance of those duties.

(8.) Where the salary payable to an officer or employee exceeds £1,695 per annum, the Official Secretary shall grant to the officer or employee time off duty for the period of duty performed on a holiday.

(9.) Time off duty granted to an officer or employee under sub-regulation (1.) of this regulation or under the last preceding sub-regulation shall be taken in conjunction with annual recreation leave or at such other time as the Official Secretary determines.

Division 3.—Higher Duties, Proficiency and Shift Duty Allowances.

Higher duties allowance to officers.

32.—(1.) An officer may be called upon to perform temporarily the duties of an office having a higher classification than his own.

(2.) Subject to this regulation, an officer who temporarily performs all the duties of a higher office shall be paid in respect of the performance of those duties an allowance, called “higher duties allowance”, equal to the amount of the difference between his rate of salary and the rate of salary of the higher office which he would receive if he were promoted to that higher office.

(3.) Unless the High Commissioner in special circumstances otherwise determines, an officer who performs the duties of a higher office the maximum salary of which exceeds £970 per annum for a period of less than a week, shall not be paid higher duties allowance, and that period shall not be included in any period of service for the purposes of this regulation.

(4.) Where an officer who has not attained the age of twenty-five years temporarily performs the duties of a higher office for which rates of salary payable to such an office are specially determined, he shall be paid higher duties allowance of an amount equal to the difference between the salary rate for his age in his own office and the salary rate for his age in the higher office.

(5.) Where the total continuous period during which an officer temporarily performs the duties of a higher office is less than the period of one day’s duty or a full shift, as the case may be, the officer shall not be entitled to payment for the period during which he performs the duties of the higher office and that period shall not be service in the higher office for the purposes of this regulation.

(6.) An officer who temporarily performs the duties of a higher office may, subject to the next two succeeding sub-regulations, be granted increments of the higher duties allowance of the same amounts as would be payable as increments of salary to him if he had been promoted to the higher office.

(7.) Where an officer temporarily performs the duties of a higher office in periods that are not continuous but aggregate in the total a period of more than twelve months, he may, at the completion of each such total period of twelve months, be granted an increment of the higher duties allowance of the same amount as is payable as an increment of salary to an officer occupying the higher office if—

(a) in the case of the first increment, the total period of twelve months’ performance of higher duties is completed within the period of twenty-four months that immediately precedes that completion; and

(b) in the case of a subsequent increment, the total requisite period of performance of higher duties is completed within the period of time equal to twice the total period of performance of duties of the higher office that immediately precedes that completion.

(8.) For the purposes of the last two preceding sub-regulations, performance of the duties of another office having the same classification as, or a higher classification than, the higher office shall be deemed to be performance of the duties of the higher office.

(9.) Paragraph (b) of sub-regulation (7.) of this regulation does not operate so as to authorize the grant of an increment to an officer unless he has received the first or a subsequent increment in the higher duties allowance payable under this regulation for a period of twelve months.

(10.) Where an officer who is performing the duties of a higher office is permanently promoted to that office, he shall not suffer any reduction in his remuneration, and he may receive the same increments as if he had, during the period of his temporary service in the higher office, been the permanent occupant of that office.

(11.) Where an officer is permanently promoted to an office and, prior to his promotion, has performed the duties of a higher office of the same classification as the office to which he is promoted but is not performing those duties when he is promoted, the period for which he performed those duties shall be taken into account for the purposes of his incremental advancement in the same manner as it would have been taken into account under sub-regulation (6.) of this regulation if he had not been promoted.

(12.) Where an officer who is, or has been, performing the duties of a higher office is promoted to an office which is of lower classification than the office the duties of which he is or has been temporarily performing, his remuneration upon promotion shall be the same as the remuneration which he would have received had his period of service in the higher office been service in the office of lower classification.

(13.) Where an officer temporarily performs the duties of an office the conditions of service in which differ from those in the office normally occupied by the officer, he shall be subject to the first-mentioned conditions as though he were the permanent occupant of the office.

(14.) Where an officer temporarily performing the duties of a higher office does not perform all the duties of that office, he may be paid in respect of the performance of those duties a higher duties allowance of such amount and subject to such conditions as the High Commissioner determines.

(15.) Higher duties allowance granted under this regulation shall be regarded as salary for the purpose of calculating travelling allowance and meal allowance and payment for extra duty services and excess travelling time.

Proficiency allowances.

33.—(1.) An officer or employee occupying the office of Stenographer (Grade 1, Grade 2 or Grade 3) or Stenographer-Secretary to the High Commissioner or Stenographer-Secretary to the Deputy High Commissioner shall be paid an allowance, called “proficiency allowance”—

(a) at the rate of Twenty pounds per annum if she satisfies the High Commissioner by passing a test or other sufficient evidence of her efficiency in writing shorthand at the rate of one hundred words per minute; or

(b) at the rate of Forty pounds per annum if she satisfies the High Commissioner by passing a test or other sufficient evidence of her efficiency in writing shorthand at the rate of one hundred and twenty words per minute.

(2.) An officer or employee occupying the office of Stenographer (Grade 1, Grade 2 or Grade 3), Stenographer-Secretary to the High Commissioner, Typex Operator (Grade 1 or Grade 2), Typist, Transcription Typist or Clerical Assistant (Female) Typing shall be paid an allowance, called “proficiency allowance”, at the rate of Fifty pounds per annum if she satisfies the High Commissioner by passing a test or other sufficient evidence of her efficiency in typing at the rate of fifty words per minute.

(3.) An officer or employee occupying the office of Transcription Typist shall be paid an allowance, called “proficiency allowance”, at the rate of Thirty-six pounds per annum if she satisfies the High Commissioner that she is efficient in the performance of her duties.

Penalty rate for shift duty.

34. An officer or employee occuping the office of Machine Operator who is rostered to perform duty on shift shall be paid in addition to her salary an amount of Two shillings and ninepence in respect of each shift worked.

Division 4.—Travelling and Other Allowances.

Travelling allowance.

35.—(1.) Subject to the succeeding provisions of this regulation, an officer or employee who is required to travel on duty in the United Kingdom or to attend for duty at a place in the United Kingdom, other than his normal place of duty, shall be paid an allowance, called “travelling allowance”, at the rate of—

(a) where the maximum salary of the office or position occupied by the officer or employee is £1,920 or over per annum—Three pounds five shillings per day; and

(b) where the maximum salary of the office or position occupied by the officer or employee is less than £1,920 per annum—Three pounds per day.

(2.) Subject to the succeeding provisions of this regulation, an officer or employee who is required to attend for duty outside the United Kingdom shall be paid such travelling allowance as the High Commissioner considers sufficient to cover the travelling expenses reasonably incurred by the officer or employee in attending for that duty.

(3.) Travelling allowance is payable in respect of the period commencing at the time of departure of the train, steamer or other conveyance by which the officer or employee is authorized to travel and ending at the time of his return to the authorized place of departure.

(4.) Where travelling allowance is payable in respect of a period of less than one day, the amount payable shall be computed on an hourly basis to the nearest hour.

(5.) The hourly rate of travelling allowance shall be ascertained by taking one twenty-fourth part of the daily rate payable to the officer or employee under this regulation.

(6.) Where travelling allowance has been paid to an officer or employee for a continuous period of twenty-one days’ residence in one locality, the Official Secretary shall submit the case to the High Commissioner for review.

(7.) Upon the review by the High Commissioner under the last preceding sub-regulation, the High Commissioner may, if at that time or any subsequent time, he considers that the amount of the travelling allowance payable to the officer or employee is excessive, direct that payment of the allowance be discontinued or that the rate of the allowance be reduced to such an amount as he determines.

(8.) Where an officer or employee is required to attend for duty at some place other than his normal place of duty and is there provided with—

(a) meals but not accommodation;

(b) accommodation but not meals; or

the High Commissioner shall reduce the rate of travelling allowance which would otherwise be payable to the officer or employee under this regulation by the amount which he considers is the cost of the meals or accommodation, or meals and accommodation, provided.

(9.) Where an officer or employee is authorized to travel by steamer, by rail or by air and the fare paid for him includes meals or accommodation, the High Commissioner shall reduce the rate of travelling allowance which would otherwise be payable to the officer or employee under this regulation by the amount which he considers is the cost of the meals or accommodation included in the fare.

(10.) Where an officer or employee who is absent on duty from his normal place of duty is forced by illness not due to his own fault to take sick leave and he is unable to return to his normal place of residence, he may be paid an allowance not exceeding the amount of travelling allowance which would have been payable to him if he had remained on duty for the period of sick leave involved.

(11.) Where an officer or employee returns from a temporary place of duty to his normal place of residence while on sick leave, payment of travelling allowance ceases from the time of his departure from his temporary place of duty, but the cost of fares to his normal place of residence and return to his temporary place of duty shall be borne by the Commonwealth.

(12.) Travelling allowance is not payable under this regulation in any case where an officer or employee is not required to be absent from his normal place of residence overnight, but an officer or employee who is required to attend for duty at some place other than his normal place of duty but is not eligible for travelling allowance may, with the approval of the High Commissioner, be reimbursed the travelling expenses necessarily incurred.

(13.) Where the High Commissioner is satisfied that, by reason of the circumstances, the amount of travelling allowance which would otherwise be payable under this regulation is insufficient to meet, or is in excess of, the expenses reasonably and necessarily incurred by the officer or employee, the High Commissioner may vary the rate of allowance to such rate as he considers reasonable.

(14.) Travelling allowance payable to an officer or employee under this regulation is in addition to the costs of conveyance of the officer or employee by any authorized means of transport.

Fares.

36.—(1.) Where an officer or employee is authorized to travel by railway, he shall be allowed—

(a) if he occupies an office or position the minimum salary of which is not less than £1,560 per annum—a first class fare; and

(b) if he occupies an office or position the minimum salary of which is less than £1,560—second class fare or, if the High Commissioner considers that special circumstances exist, a first class fare.

(2.) Where an officer or employee is authorized to travel by means of transport other than railway, the High Commissioner shall determine the class of transport and the fares to be allowed the officer or employee.

Personal services rendered to an officer while travelling.

37. An officer or employee is not entitled to claim the inclusion in his travelling expenses of such items as gratuities paid by him for services rendered to him personally or payments to porters for handling his personal effects.

Mileage allowance.

38.—(1.) An officer or employee who uses his own motor truck, motor car or cycle for official purposes, or an officer or employee whose motor truck, motor car or cycle is used for official purposes, shall, subject to the next succeeding sub-regulation, be paid an allowance, called “mileage allowance”, in respect of that use at such rate as is determined by the High Commissioner having regard to the type of vehicle used and the distance travelled.

(2.) An officer or employee is not entitled to an allowance under this regulation unless it is shown to the satisfaction of the High Commissioner that the use of the motor truck, motor car or cycle results in a saving or greater efficiency than would be the case if other means of conveyance were employed.

Taxi or motor fares.

39.—(1.) Subject to the succeeding provisions of this regulation, an officer or employee who incurs expenses for taxi or motor fares on a journey on official business shall not be allowed those taxi or motor fares unless the Official Secretary is satisfied that train, bus or other cheaper means of transport were not available to the officer for the journey.

(2.) An officer or employee shall not be allowed an amount exceeding Ten shillings for the taxi and motor fares incurred unless he submits proper receipts for those fares.

(3.) An officer or employee who is required to attend for duty at a place other than his normal place of duty shall not be allowed taxi or motor fares to and from his normal place of residence and the authorized point of departure from and return to his normal place of duty unless the Official Secretary considers that—

(a) cheaper means of transport were not available to the officer or employee;

(b) in view of the quantity of the baggage of the officer or employee it was quicker and more convenient to use taxi or motor hire; or

(c) in view of the status of the officer or employee or the duties on which he was engaged, it was desirable that he travel by taxi or motor hire.

Meal allowance.

40.—(1.) Subject to the next succeeding sub-regulation, where an officer or employee—

(a) whose normal hours of attendance for duty are between half past seven o’clock in the morning and six o’clock in the afternoon is required to attend for duty at his normal place of duty before half past six o’clock in the morning or to remain on duty after half past six o’clock in the afternoon;

(b) is required to commence duty at his normal place of duty at least two hours before his normal time of commencing duty or to remain on duty at least two hours beyond his normal time of ceasing duty;

(c) is required to perform extra duty at his normal place of duty after two o’clock in the afternoon on a Saturday (or the day normally allowed to him as the weekly half day off duty) after a meal break and is not entitled to payment for that meal break; or

(d) is required to perform duty at his normal place of duty on a Sunday or holiday extending beyond a meal break and is not entitled to payment for that meal break,

the officer or employee shall be paid an allowance, called “meal allowance”, of Six shillings and sixpence in respect of that meal break.

(2.) An officer or employee who is required to perform any of the duties specified in paragraph (a) or (b) of the last preceding sub-regulation shall not be paid a meal allowance unless he satisfies the officer in charge authorizing the duty that he cannot reasonably be expected to return to his normal place of residence for a meal between the time at which he ceases duty before the meal and the time at which he is required to commence duty after the meal.

Excess travelling time.

41.—(1.) Where an officer or employee who is in receipt of a salary at a rate not exceeding £1,175 per annum is required to attend for duty on a day at some place other than his normal place of duty and the officer or employee is obliged to exceed—

(a) in the course of his duty, the usual hours of duty for the day; or

(b) in the course of his daily travelling between his normal place of residence and his temporary place of duty, the time required to travel between his normal place of residence and his normal place of duty,

the officer or employee shall be paid for the time spent in travelling or the extra hours of duty, other than the time for which he receives overtime pay, at a rate equal to the rate of his ordinary pay.

(2.) For the purpose of the last preceding sub-regulation, the time spent by an officer or employee in travelling between his normal place of residence and temporary place of duty includes—

(a) the waiting time for trains or other conveyances between the scheduled times of their departure and the actual times of departure; and

(b) where the officer or employee is not absent from his normal or temporary place of duty overnight, the time spent by him outside his usual hours of duty for the day in waiting between the time of his arrival at his place of duty and the time of commencement of duty for the day or between the time of his ceasing duty for the day and the time of departure of the first available train or other means of conveyance,

but does not include the time spent in travelling by train or other conveyance between half past ten o’clock in the evening and seven o’clock in the morning if a sleeping berth is provided.

(3.) The hourly rate payable under this regulation shall not exceed the rate of salary for an officer or employee who is receiving a salary of £970 per annum.

Uniform allowance.

42. An officer or employee occupying the office of Nurse Receptionist shall be paid an allowance, called “uniform allowance”, at the rate of Twelve pounds per annum.

PART IV.—HOURS OF ATTENDANCE, HOLIDAYS AND LEAVE OF ABSENCE.

Division 1.—Hours of Attendance and Holidays.

Hours of attendance.

43.—(1.) Except as otherwise determined by the High Commissioner, the normal hours of duty of officers and employees shall be thirty-six and three-quarter hours per week.

(2.) Except as otherwise provided in this regulation, the normal hours of duty shall be worked by officers and employees between the hours of nine o’clock in the morning to twenty-one minutes past five o’clock in the afternoon on each day of the week from Monday to Friday (inclusive) with an interval of one hour for luncheon.

(3.) Such officers or employees as the High Commissioner considers necessary may be rostered for duty on Saturdays, but the Official Secretary shall, if practicable, grant to an officer or employee who performs duty on a Saturday time off duty during the following week for the period of duty performed on the Saturday.

(4.) The High Commissioner may determine that officers and employees employed in a branch of the Service, or such of those officers or employees as he considers necessary, may be rostered to perform ordinary duty on shift and those officers and employees shall observe such hours of attendance as the High Commissioner directs.

Record of attendance.

44.—(1.) The Official Secretary shall determine the means of recording the attendance of officers and employees.

(2.) The officer in charge of each section of the High Commissioner’s Office provided with means of recording the attendance of officers and employees is responsible for the recording of the attendance in accordance with such directions as are given to him by the Official Secretary.

Obligation to record attendance.

45.—(1.) A person who is an officer or employee, unless specially exempted by the High Commissioner, shall record daily, by the means determined by the Official Secretary under the last preceding regulation, the actual times of his arrival at the High Commissioner’s Office and of his departure from the Office.

(2.) The exemption of an officer or employee from the obligation to record his attendance does not authorize that officer or employee to absent himself from duty or to leave his place of duty except on official business within his hours of duty.

Availability of attendance record.

46. The means of record of attendance shall be available each day at the ordinary time of arrival of officers and employees, and shall be made available at, but not before, the ordinary time of ceasing duty.

Late attendances and absences.

47.—(1.) Where an officer or employee arrives on duty later than ten minutes after the ordinary time of commencing duty, he shall not record his attendance but shall report himself to the officer in charge and give an explanation for his late attendance.

(2.) The officer in charge shall record the time of reporting and the explanation given by an officer or employee under the last preceding sub-regulation.

(3.) An officer or employee shall not leave the High Commissioner’s Office during his hours of duty, except on official business or by express permission of the Official Secretary.

(4.) The officer in charge shall duly record in the record of attendance any period during which an officer or employee is absent otherwise than on official business.

(5.) If an officer or employee is prevented by illness or other emergency from attending to duty, he shall immediately report the fact to the officer in charge of his branch and he shall furnish such evidence of the nature of the illness or emergency as the Official Secretary considers necessary.

Holidays.

48.—(1.) Subject to this regulation, the following days, or any day which the High Commissioner determines to be observed as a holiday in lieu of any of the following days, are holidays:—

The first day of January.

Australia Day, that is to say, the twenty-sixth day of January.

Good Friday and the following Saturday and Monday.

Anzac Day, that is to say, the twenty-fifth day of April.

The Anniversary of the Birthday of the Sovereign.

Christmas Day and the following day.

(2.) Whenever a day specified in the last preceding sub-regulation, except Anzac Day and Christmas Day, falls on a Sunday, the following Monday is a holiday.

(3.) Whenever Christmas day falls on a Sunday, the following Monday and Tuesday are holidays.

(4.) In addition to the days specified in sub-regulation (1.) of this regulation, the High Commissioner may authorize a day or part of a day to be a holiday observed by officers and employees.

(5.) The High Commissioner shall not authorize the observance of holidays under the last preceding sub-regulation exceeding in the aggregate four days in the period of twelve months commencing on the first day of January in each year.

Duty after office hours.

49.—(1.) Where the Official Secretary considers that it is necessary to bring up arrears of work or to meet pressure of business, he may require the staff dealing with the arrears, or all officers or employees in the Service, to attend for duty beyond their normal hours of duty.

(2.) When required by the officer in charge of a branch, an officer or employee in the branch shall remain after the normal hours of duty to complete work which the officer in charge considers should be done on the same day.

(3.) The High Commissioner or Official Secretary may require a branch or other part of the service to be kept open in the public interest for the whole or part of a day observed as a holiday under the last preceding regulation and may require the attendance and services of an officer or employee on that day.

Division 2.—Recreation Leave.

Recreation leave.

50.—(1.) Subject to these Regulations, the Official Secretary may grant to every officer and employee leave of absence for recreation, called “recreation leave”, for a period or periods not exceeding in the aggregate three weeks (exclusive of holidays) in respect of each year.

(2.) The Official Secretary shall, wherever practicable, make arrangements whereby each officer and employee can be granted recreation leave annually.

(3.) If an officer or employee does not apply for recreation leave in the year in which it accrues, he shall not, unless the Official Secretary otherwise directs, be entitled to be granted recreation leave in respect of that year.

(4.) Notwithstanding a direction of the Official Secretary under the last preceding sub-regulation, recreation leave shall not be accumulated for more than two years.

(5.) An officer or employee shall not be entitled to be granted recreation leave until he has completed twelve months’ service, but, after the completion of that service, recreation leave accrues to him on the first day of January in each year.

(6.) For the purpose of calculating the entitlement for recreation leave of an officer who, prior to his appointment as an officer, was an officer of the Third Class under the repealed Regulations or an employee, his service as such an employee or officer of the Third Class shall, if continuous with his service in the Service as an officer, be taken into account.

(7.) Where an employee was previously employed as an officer or employee, or both, under these Regulations or under the repealed Regulations, the continuity of his employment shall be deemed not to have been broken for the purpose of calculating the recreation leave due to the employee if—

(a) that previous employment was terminated for a reason other than for misconduct;

(b) he was employed for a total period of twelve months during a period not exceeding fourteen months before that leave; and

(c) he did not receive a payment in lieu of recreation leave in respect of that previous employment in accordance with sub-regulation (13.) of this regulation.

(8.) Applications for recreation leave shall be made to the Official Secretary through the officer in charge of the branch or section in which the applicant is employed.

(9.) The officer in charge of a branch or section through whom an application for recreation leave is made shall report to the Official Secretary as to whether leave may be granted without detriment to the work of the branch or section.

(10.) An officer or employee may be recalled from recreation leave at any time on the direction of the Official Secretary.

(11.) Where an officer is about to be retired on reaching the age for retirement or on account of illness or invalidity, the officer may be granted the recreation leave (if any) due to him in respect of the year in which his services terminate.

(12.) Where an officer resigns and his resignation is accepted, he may be granted the recreation leave (if any) due to him in respect of the year in which his services terminate if he has reached the anniversary in that year of the date of his appointment.

(13.) Where the employment of an employee is terminated for a reason other than for misconduct, he may be paid a sum in lieu of recreation leave not exceeding his salary for the period for which he is entitled to be granted recreation leave immediately before his employment is terminated, or, if the employee at the date of that termination had not completed twelve months’ employment, a sum equal to his salary for the period which bears to three weeks the same proportion as the period of employment in respect of which he is not otherwise entitled to be granted recreation leave bears to twelve months.

(14.) Where an employee dies, the High Commissioner may authorize payment to the dependant of the employee, or, if there are two or more dependants, to the dependants, of the sum that could have been paid to the employee under the last preceding sub-regulation if the employment of the employee had been terminated for a reason other than for misconduct on the day of his death.

(15.) Where a dependant upon whom the whole or part of a sum of money is payable under the last preceding sub-regulation is under the age of twenty-one years or for any other reason is incapable of acting on his own behalf, the amount payable to that dependant may be paid on behalf of the dependant to a person or persons approved by the High Commissioner.

Deduction from recreation leave on account of other absences.

51.—(1.) Where an officer or employee has, during the period of twelve months immediately preceding the date from which he is granted recreation leave, been absent from duty for more than forty-three working days, the period of recreation leave which may be granted to the officer or employee shall, subject to this regulation, be reduced by one-twelfth of the period of leave of absence to which the officer or employee is entitled under the last preceding regulation for each twenty-two working days (other than the first twenty-two working days) on which the officer or employee has been absent from duty during that period.

(2.) Where an officer or employee has, during the period of twelve months immediately preceding the date from which he is granted recreation leave, been absent with leave granted under Division 3 of this Part or regulation 73, 75 or 76 of these Regulations, the period for which the officer or employee was so absent from duty shall not be taken into account for the purposes of the last preceding sub-regulation.

Division 3.—Sick Leave.

52.—(1.) The Official Secretary may grant to an officer or employee who is unfit for duty leave of absence on account of illness, called “sick leave”, in accordance with this Division.

(2.) Sick leave granted under this Division shall be granted—

(a) if the officer or employee is eligible for the grant of a period of sick leave on full salary—on full salary;

(b) if the officer or employee is eligible for the grant of a period of sick leave on half salary but not on full salary—on half salary; or

(3.) Unless the officer or employee produces a certificate of a legally qualified medical practitioner, or, where the period for which the officer or employee is unfit for duty is less than four days, other evidence approved by the Official Secretary, that the officer or employee is unfit for duty, sick leave shall, except as provided in the succeeding provisions of this Division, be without salary.

(4.) It shall not be necessary for a medical certificate or other evidence that the officer or employee is unfit for duty to be produced—

(a) in the case of an employee who has not completed twelve months’ continuous employment—in respect of an absence or absences not exceeding four days in the aggregate in that period of twelve months; and

(b) in any other case—in respect of an absence or absences not exceeding four days in the aggregate in any year of service.

(5.) An officer or employee who has been granted sick leave on a holiday shall, if he was on duty on the working day immediately preceding, or is on duty on the working day immediately following, the holiday, be credited with sick leave on full salary for a period equal to the period for which he would have been required to perform duty if the holiday had been a working day.

(6.) Where an officer or employee who is absent from duty on recreation leave is unfit for duty for a period of not less than four days, the officer or employee may, on the production of a certificate by a legally qualified

medical practitioner certifying that the officer or employee has been unfit for duty for a period specified in the certificate, be granted sick leave for that part of the period specified in the certificate which is part of his recreation leave and the grant of recreation leave for that part of the period specified in the certificate shall be cancelled.

(7.) Where an officer or employee is absent on sick leave for a continuous period of thirteen weeks, the Official Secretary shall not grant further sick leave unless a legally qualified medical practitioner approved by the High Commissioner certifies that the officer or employee is unfit for duty and the High Commissioner approves the grant of further sick leave.

(8.) The Official Secretary shall not permit an officer or employee who has been absent on sick leave for a continuous period of not less than thirteen weeks to resume duty unless a legally qualified medical practitioner approved by the High Commissioner certifies that the officer or employee is fit for duty.

(9.) Where an officer or employee resumes duty after an absence on sick leave for a continuous period of less than thirteen weeks, the Official Secretary may, if he is of the opinion that the officer or employee is unfit for duty, direct the officer or employee to submit himself to examination by a legally qualified medical practitioner approved by the High Commissioner.

(10.) Where a legally qualified medical practitioner approved by the High Commissioner certifies that the officer or employee is unfit for duty, the officer or employee shall absent himself from duty until a legally qualified medical practitioner approved by the High Commissioner certifies that he is fit to resume duty.

(11.) The period for which the officer or employee is absent under the last preceding sub-regulation shall be deemed to be a period of sick leave granted under this regulation.

(12.) In this regulation, “unfit for duty” includes unfit for duty owing to dental causes.

Eligibility for sick leave with salary.

53.—(1.) An employee who has completed twelve months’ continuous employment, or an officer, is eligible for the grant of sick leave—

(a) on full salary for a period equal to the period by which his credit for sick leave on full salary ascertained in accordance with whichever of the next two succeeding regulations applies exceeds the period for which he has, during his employment or service after the commencement of these Regulations, been granted sick leave on full salary; and

(b) on half salary for a period equal to the period by which his credit for sick leave on half salary ascertained in accordance with whichever of the next two succeeding regulations applies exceeds the period for which he has, during that employment or service, been granted sick leave on half salary.

(2.) Notwithstanding the last preceding sub-regulation, if an employee to whom that sub-regulation applies or an officer is not, at any time during the first five years of service or employment, as the case may be eligible for the grant of sick leave on full salary as provided in paragraph (a) of that singulation, the Official Secretary may grant to the officer or employee sick leave on full salary for a period which does not exceed

the period which will next be credited to turn in accordance with whichever of the next two succeeding regulations applies in anticipation of that credit for sick leave.

(3.) An employee who has completed forty-four days’ actual duty but has not completed twelve months’ continuous employment is eligible for the grant of sick leave on full salary for a period equal to the period by which his credit for sick leave on full salary ascertained in accordance with regulation 55 of these Regulations exceeds the period of sick leave which he has been granted during his employment.

Credits of sick leave for officers.

54.—(1.) An officer who was appointed as an officer of the First or Second Class before the eighth day of December, 1954, shall be credited on the date of commencement of these Regulations with—

(a) sick leave on full salary for the period (if any) by which the sum of—

(i) the period for which he was entitled to be granted sick leave on full pay under the repealed Regulations immediately before the eighth day of December, 1954;

(ii) a period of two weeks in respect of the period of his service that commenced on the eighth day of December, 1954, and ended on the day immediately before the anniversary of his appointment next after that date; and

(iii) periods of two weeks in respect of each complete year of his service in the period that commenced on that anniversary and ended on the day immediately before the date of commencement of these Regulations,

exceeds the period of sick leave on full pay granted to him during his service since the eighth day of December, 1954, and before the date of commencement of these Regulations;

and

(b) sick leave on half salary for the period (if any) by which the sum of—

(i) the period for which he was entitled to be granted sick leave on half pay (including the period of sick leave on third pay, for which he was entitled to be granted, converted in accordance with the next succeeding sub-regulation into a period of sick leave on half pay) immediately before the eighth day of December, 1954;

exceeds the period of sick leave on halt pay granted to mm during his service since the eighth day of December, 1954, and before the date of commencement of these Regulations.

(2.) Where an officer to whom the last preceding sub-regulation applies was, under the provisions of the repealed Regulations, entitled to be granted sick leave on third pay, the officer shall, for the purposes of this regulation, be deemed to be entitled to sick leave on half salary for a period equal to two-thirds of the period for which he was entitled to sick leave on third pay.

(3.) An officer who was appointed as an officer of the First or Second Class under the repealed Regulations on or after the eighth day of December, 1954, shall be credited on the date of commencement of these Regulations with—

(a) sick leave on full salary for the period (if any) by which the sum of—

(i) a period of two weeks; and

(ii) a period or periods of two weeks in respect of each complete year in the period of his service before the date of commencement of these Regulations,

exceeds the period of sick leave on full pay granted to him before the date of commencement of these Regulations; and

(b) sick leave on half salary for the period (if any) by which the sum of—

(i) a period of two weeks; and

(ii) a period or periods of two weeks in respect of each complete year in the period of his service before the date of commencement of these Regulations,

exceeds the period of sick leave on half pay granted to him before the date of commencement of these Regulations.

(4.) An officer who was appointed as an officer of the First or Second Class before the date of commencement of these Regulations shall be credited with—

(a) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on the anniversary, next after the commencement of these Regulations, of the date of his appointment; and

(b) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on the completion of each subsequent period of twelve months’ service.

(5.) An officer who is appointed after the commencement of these Regulations and was, immediately before his appointment, employed as an employee for a period of not less than twelve months or as an employee and an officer of the Third Class under the repealed Regulations for a continuous period of not less than twelve months shall be credited with—

(a) on his appointment as an officer under these Regulations—

(i) sick leave on full salary for the period for which he was entitled to be granted sick leave on full salary as an employee immediately before his appointment as an officer; and

(ii) sick leave on half salary for the period for which he was entitled to be granted sick leave on half salary immediately before that appointment; and

(b) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on—

(i) the anniversary, next after his appointment as an officer, of the date on which he became such an officer of the Third Class or an employee; and

(ii) the completion of each subsequent period of twelve months’ service.

(6.) An officer who is appointed after the commencement of these Regulations and was, immediately before his appointment, employed as an employee for a period of less than twelve months or as an employee and an officer of the Third Class under the repealed Regulations for a continuous period of less than twelve months shall be credited with—

(a) on his appointment as an officer—

(i) sick leave on full salary for the period by which a period of two weeks exceeds the period of sick leave on full pay (if any) granted to him during his employment as an officer of the Third Class, as an employee, or both; and

(ii) a period of two weeks’ sick leave on half salary, and

(b) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on—

(i) the anniversary, next after his appointment as an officer under these Regulations, of the date on which he became such an officer of the Third Class or an employee; and

(ii) the completion of each subsequent period of twelve months’ service.

(7.) An officer who is appointed after the commencement of these Regulations and who was not an employee immediately before his appointment as an officer shall be credited with—

(a) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on his appointment; and

(b) a period of two weeks’ sick leave on full salary and a period of two weeks’ sick leave on half salary on the completion of twelve months’ service and each subsequent twelve months’ service.

(8.) For the purposes of the crediting of sick leave under this regulation, where an officer appointed to the Service, either before or after the commencement of these Regulations, was, immediately before that appointment, an officer of the Public Service of the Commonwealth, his continuous service as an officer of the Public Service of the Commonwealth shall be reckoned as service as an officer in the Service.

Credits of sick leave for employees.

55.—(1.) Where an employee was appointed as an officer of the Third Class under the repealed Regulations before the eleventh day of May, 1953, and he had, at that date, been so employed for twelve months or more, he shall, on the date of commencement of these Regulations, be credited with sick leave on full salary for the period (if any) by which the sum of—

(a) the period for which he was entitled to be granted sick leave with pay under the repealed Regulations immediately before the eleventh day of May, 1953;

(b) a period of two weeks in in respect of the period of his employment that commenced on the eleventh day of May, 1953, and ended on the day immediately before the anniversary of his appointment next after that date; and

(c) a period calculated at the rate of two weeks in respect of each complete twelve months of his employment in the period that commenced on that anniversary and ended on the day immediately before the date of commencement of these Regulations,

exceeds the period of sick leave on full pay granted to him before the date of commencement of these Regulations.

(2.) Where an employee was appointed as an officer of the Third Class under the repealed Regulations before the eleventh day of May, 1953, and he had, at that date, been so employed for less than twelve months, he shall, on the date of commencement of these Regulations, be credited with sick leave on full salary for the period by which the sum of—

(a) the period for which he was entitled to be granted sick leave with pay under the repealed Regulations immediately before the eleventh day of May, 1953;

(b) a period calculated at the rate of two days for the first forty-four days of actual duty, and one day for each subsequent twenty-two days of actual duty, in the period of his employment that commenced on the eleventh day of May, 1953, and ended on the day immediately before the anniversary of his appointment; and

exceeds the period of sick leave on full pay granted to him before the date of commencement of these Regulations.

(3.) An employee who was appointed as an officer of the Third Class under the repealed Regulations before the eleventh day of May, 1953, shall be credited with sick leave on half salary for the period by which the period calculated at the rate of two weeks in respect of each complete twelve months’ employment in the period that commenced on the anniversary of his appointment next after the eleventh day of May, 1953, and ended on the day immediately before the date of commencement of these Regulations exceeds the period of sick leave on half pay granted to him before the date of commencement of these Regulations.

(4.) An employee who was appointed as an officer of the Third Class under the repealed Regulations on or after the eleventh day of May, 1953, and twelve months or more before the date of commencement of these Regulations shall be credited on the date of commencement of these Regulations with—

(a) sick leave on full salary for the period by which a period calculated at the rate of two weeks in respect of each complete twelve months of his employment in the period before the date of commencement of these Regulations exceeds the period of sick leave on full pay granted to him before the date of commencement of these Regulations; and

(b) sick leave on half salary for the period by which a period calculated at the rate of two weeks in respect of each complete twelve months of his employment in the period before the date of commencement of these Regulations exceeds the period of sick leave on half pay granted to him before the date of commencement of these Regulations.

(5.) An employee who was appointed as an officer of the Third Class under the repealed Regulations less than twelve months before the date of commencement of these Regulations shall be credited on that date with sick leave on full salary for the period by which a period calculated at the rate of two days for the first forty-four days of actual duty, and one day for each subsequent twenty-two days of actual duty, in the period of his employment before that date exceeds the period of sick leave on full pay granted to him before that date.

(6.) An employee who was appointed as an officer of the Third Class under the repealed Regulations shall be credited with—

(a) two weeks’ sick leave on full salary and two weeks’ sick leave on half salary on the anniversary of his appointment next after the commencement of these Regulations; and

(b) two weeks’ sick leave on full salary and two weeks’ sick leave on half salary on the completion of each subsequent twelve months’ continuous employment.

(7.) An employee who is appointed after the commencement of these Regulations shall be credited with—

(a) two days’ sick leave on full salary on the completion of his first forty-four days’ actual duty;

(b) one day’s sick leave on full salary on the completion of each twenty-two days’ actual duty after the first forty-four days;

(c) two weeks’ sick leave on full salary and two weeks’ sick leave on half salary on the completion of the twelve months’ continuous employment next after his appointment; and

(d) two weeks’ sick leave on full salary and two weeks’ sick leave on half salary on the completion of each subsequent period of twelve months’ continuous employment.

Health of officer or employee rendering him a danger to others.

56.—(1.) If the Official Secretary 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 employees or to the public, he may require the officer or employee to submit himself to a legally qualified medical practitioner approved by the High Commissioner.

(2.) Upon receipt of the medical report, the Official Secretary may direct the officer or employee to absent himself from his duties for a specified period, or if he is already on leave of absence, direct him to continue on leave for a specified period.

(3.) The period for which the officer or employee is directed to be absent under the last preceding sub-regulation shall be deducted from the sick leave credited to the officer or employee under these Regulations.

Leave in cases of infectious disease contacts

57.—(1.) If, consequent upon a report by a legally qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by law, an officer or employee is unable to attend for duty for a period specified in the report, the Official Secretary may grant to the officer or employee leave of absence for that period.

(2.) The period of leave of absence so granted to an officer or employee shall be deducted from the sick leave credited to him under these Regulations.

(3.) Leave of absence under this regulation shall not be granted for a 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.

Illness caused through misconduct.

58.—(1.) Where the Official Secretary considers that the absence of an officer or employee is due to an illness caused by the misconduct of the officer or employee or that the officer or employee is absent from duty without sufficient cause, sick leave with salary shall not be granted in respect of the period of that absence and that period shall not, unless the High Commissioner otherwise determines, form part of the service of the officer or employee.

(2.) Where the Official Secretary has occasion for doubt the cause of the illness or the reason for the absence of an officer or employee, he may instruct a legally qualified medical practitioner, approved by the High Commissioner, to visit and examine the officer or employee or may direct that the officer or employee attend on such a medical practitioner for examination.

Medical examination of officers and employees.

59. An officer or employee shall, when required by the Official Secretary to do so, submit himself for medical examination by a legally qualified medical practitioner approved by the High Commissioner.

Sick leave before retirement of officers.

60.—(1.) Where the Minister decides to retire an officer on the ground of illness or invalidity under regulation 80 of these Regulations, the officer shall not, except with his consent, be retired from the Service until the expiration of—

(a) so much of the period of sick leave on full salary for which he is, at the time of that decision, eligible under regulation 53 of these Regulations as does not exceed fifty-two weeks; or

(b) where that period of sick leave on full salary would, but for this paragraph, expire on the expiration of his period of engagement or a day after that day—so much of that period of sick leave on full salary as will expire on the expiration of his period of engagement.

(2.) An officer shall not be credited with a period of sick leave in respect of his service after the decision to retire him.

Accident leave.

61.—Where an officer or employee sustains physical injury while on duty or in circumstances in which an action of the officer or employee is regarded by the High Commissioner as being so meritorious in the public interest as to warrant special consideration, the High Commissioner may, in addition to any sick leave for which that officer or employee is eligible under regulation 53 of these Regulations, determine from time to time the period of leave of absence on account of the injury which may be granted to the officer or employee and the conditions under which the leave is to be granted.

Sick leave in cases of loyal service.

62. Where—

(a) an officer or employee who is granted sick leave is not eligible for the grant of sick leave with salary under regulation 53 of these Regulations; and

(b) the High Commissioner considers that, in view of his length of service, additional leave with salary should be granted to him, the High Commissioner may grant to the officer or employee such additional leave on half salary as he determines.

Sick leave entitlement of persons with prior service.

63.—(1.) Where an officer is retired from the Service on the ground of illness or invalidity under regulation 80 of these Regulations and is re-appointed as an officer to the Service as a result of action taken under section 65 of the Superannuation Act 1922-1959, he shall be credited, upon re-appointment, with the sick leave (if any) at his credit immediately before his retirement.

(2.) Where an employee was previously employed as an officer of the Third Class under the repealed Regulations or as an employee or both and that previous employment was terminated for a reason other than for misconduct, the continuity of his employment shall be deemed not to have been broken for the purpose of sick leave if, during a period not exceeding fourteen months before that leave, he was so employed for a total period of twelve months.

Maximum period of continuous leave on account of illness.

64. The maximum period of continuous sick leave that may be granted under this Division is—

(a) fifty-two weeks with salary to an employee with twelve months or more continuous employment or to an officer;

(b) seventy-eight weeks without salary or with salary and without salary to an officer or employee;

(d) twenty days without salary to any employee.

Division 4.—Furlough or Payment in Lieu of Furlough.

Furlough.

65.—(1.) The High Commissioner may grant to an officer who has continued in the Service for not less than fifteen years furlough for a period not exceeding three-tenths of one month on full salary, or three-fifths of one month on half salary, in respect of each completed year of his period of continuous service.

(2.) An officer shall not be granted furlough under this regulation for a period exceeding twelve months at any one time.

(3.) Where an officer who has continued in the Service for not less than fifteen years is retiring or is being retired from the Service, the High Commissioner may, in lieu of granting furlough under sub-regulation (1.) of this regulation, authorize payment to the officer, upon his retirement from the Service, of a sum not exceeding his salary for a period equal to the period of furlough on full salary which the officer could have been granted under that sub-regulation.

(4.) Upon the death of an officer who, at the date of his death, was eligible under this regulation for the grant of furlough, or, if the High Commissioner, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed, the High Commissioner may authorize payment to, and may apportion the payment among, the dependants of the officer of a sum equal to the amount of salary which the High Commissioner could have authorized to the officer if the officer had retired

on the date of his death, or in a case where the Commissioner has directed that the death of the officer be presumed, on a date determined by the High Commissioner.

Proportionate furlough or salary in lieu on retirement.

66.—(1.) The High Commissioner may grant to an officer who has continued in the Service for not less than four years but less than fifteen years, immediately prior to his retirement from the Service on, or subsequent to, his attaining the age of sixty years, furlough on full salary for a period not exceeding—

(a) where the period of service of the officer is not less than four years but is less than eight years—two months;

(b) where the period of service of the officer is not less than eight years but is less than twelve years—three months; or

(2.) Where a member is eligible for furlough under the last preceding sub-regulation, the High Commissioner may, in lieu of granting that furlough, authorize payment to the member, upon his retirement from the Service, of a sum not exceeding his salary for a period equal to the period of furlough which he could have been granted under that sub-regulation.

(3.) Where an officer who is less than sixty years of age—

(a) retires from the Service after not less than four years’ service but less than fifteen years’ service and satisfies the High Commissioner that his retirement is due to ill-health that is permanent and is not due to misconduct or to causes within his own control; or

(b) is retired from the Service under regulation 78 of these regulations after not less than eight years’ service but less than fifteen years’ service,

the High Commissioner may authorize payment to the officer of a sum not exceeding his salary for a period equal to the period of furlough which the officer could have been granted under sub-regulation (1.) of this regulation if he had attained the age of sixty years.

(4.) Where, before an officer has completed fifteen years’ service in the Service, and whether before or after he has attained the age of sixty years, the officer dies or the High Commissioner, after consideration of all the circumstances, directs that the death of the officer be presumed, the High Commissioner may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary which the High Commissioner could have authorized to be paid to the officer under sub-regulation (1.) of this regulation if—

(a) he had retired from the Service on the date of his death or, where the High Commissioner has directed that the death of the officer be presumed, on a date determined by the High Commissioner, and

(b) in the case of an officer who had not attained the age of sixty years on that date—he had attained that age.

Payment to dependants.

67.—(1.) Where, under sub-regulation (4.) of regulation 65 of these Regulations or under sub-regulation (4.) of the last preceding regulation, the High Commissioner has authorized the payment of a sum of money to the dependants of an officer, the sum may be paid—

(a) if there is one dependant—to that dependant; or

(b) if there are two or more dependants—to those dependants.

(2.) Where a dependant upon whom the whole or a part of a sum of money is so payable is under the age of twenty-one years or for any other reason is incapable of acting on his own behalf, the amount payable to that dependant may be paid, on behalf of the dependant, to a person or persons approved by the High Commissioner.

Payment to female officers who retire on marriage.

68. Where a female officer who has continued in the Service for not less than five years but less than fifteen years and is not eligible for, and has not been granted, furlough or salary in lieu of furlough under regulation 66 of these Regulations retires from the Service upon her marriage, there shall be payable to the officer upon her retirement an amount ascertained as follows:—

(a) where her period of service is not less than five years but is less than eight years—an amount equal to her salary for one month;

(b) where the period of service of the officer is not less than eight years but is less than twelve years—an amount equal to her salary for two months;

(c) where the period of service of the officer is not less than twelve years but is less than fifteen years—an amount equal to her salary for three months.

Conduct of officer to be taken into account.

69. The High Commissioner shall take into consideration the official conduct record of an officer in determining whether the whole or any portion of furlough or payment of an amount may be granted or authorized under regulation 65, 66 or 68 of these Regulations.

Meaning of “service” for furlough purposes.

70.—(1.) For the purposes of this Division, but subject to this regulation, the period of service of an officer is the period which is reckoned for the purposes of these Regulations as the period for which he has been continuously employed in the Service and, where, before commencing that employment, he was continuously employed in—

(a) the service of the Commonwealth (including full-time service in the naval, military or air forces);

(b) the service of an authority of the Commonwealth;

(d) the service of a public authority, other than a local governing body, constituted under the law of a State for the purpose of discharging, subject to the direction or control of the Minister of State for that State, functions which are within the province of the State Government; or

(e) the Public Service of a Territory of the Commonwealth, the period for which he was so employed shall be deemed to be a continuous employment in the Service.

(2.) Where, before the commencement of his period of continuous employment in the Service, an officer was employed continuously in more than one of the services specified in the last preceding sub-regulation, and the periods for which he was so employed were continuous with one another and with his service in the Service, each of those periods shall, subject to the next succeeding sub-regulation, be deemed to have been a period of continuous employment in the Service.

(3.) Where the High Commissioner is satisfied that a period of employment of an officer in one of the services specified in sub-regulation (1.) of this regulation was terminated on the grounds of unsatisfactory service, that period of employment and the periods (if any) for which the officer was previously employed in any of those services shall not be deemed to be periods of continuous employment in the Service.

(4.) For the purposes of this regulation, the period of service of an officer does not include—

(a) a period of employment as a part-time employee;

(b) a period of employment in an honorary capacity only;

(d) a period of employment terminated by retirement on or subsequent to attaining the age for retirement in respect of which furlough has been granted, or payment in lieu of furlough has been authorized, to the officer under—

(i) these Regulations;

(ii) the Commonwealth Employees’ Furlough Act 1943-1959;

(iii) the Public Service Act 1922-1960; or

(iv) any other law of the Commonwealth or a law of a State or Territory of the Commonwealth which provides for the granting of furlough or for the making of a similar payment.

(5.) For the purposes of this regulation, the continuity of the service of an officer shall not be deemed to be, or to have been, broken by any period of absence (including a period when he was not employed, or was employed as a part-time employee only or in an honorary capacity only or remunerated by fees, allowances or commissions only by a service referred to in sub-regulation (1.) of this regulation) unless—

(a) the period of absence exceeds or has exceeded twelve months; or

(b) the number of days included in the period of absence exceed in the aggregate one-seventh of the number of days occurring after the commencement of the first period of employment which, under the preceding provisions of this regulation, may be included in his period of service,

but any such period of absence shall not, for the purposes of this regulation, be included in his period of service.

(6.) For the purposes of this regulation, an officer shall not be deemed to be, or to have been, absent by reason of his being—

(a) on leave of absence with salary or with part salary; or

(b) on leave of absence without salary granted—

(i) on account of illness;

(ii) in pursuance of a section of the Public Service Act 1922-1960 under which a period of absence has been, or is allowed to be, included as service for the purposes of that Act; or

(iii) for such other purposes as the High Commissioner determines.

Salary for furlough purposes.

71. For the purposes of this Division, “salary”, in relation to an officer, means the salary prescribed for the office occupied by the officer immediately before the date on which he commences furlough under this Division, the date of his retirement from the Service or the date of his death or the date determined for his presumed death, as the case may be, and, includes—

(a) if the officer has performed, or would, but for his absence on authorized leave, have performed, for a continuous period of not less than twelve months immediately before that date, the duties of an office having a higher classification than his own, the allowance payable to the officer in respect of the performance of those duties, or where he has or would have so performed the duties of more than one such office for successive periods which are continuous one with the other—the allowance payable to the officer in respect of the performance of the duties of whichever of the offices having a higher classification than his own has the lowest classification; and

(b) an allowance payable under regulation 33 of these Regulations.

Division 5.—Other Leave of Absence.

Leave without salary.

72.—(1.) The High Commissioner may, on the application of an officer or employee, grant to the officer or employee leave of absence without salary—

(a) where the leave of absence is for the purpose of enabling the officer or employee—

(i) to pursue a course of studies, or to undertake research, relating to the duties of an office in the Service;

(ii) to undertake vocational training under a Commonwealth scheme of vocational training; or

(iii) to engage in employment under the Commonwealth or an authority of the Commonwealth, not being employment under these Regulations,

for a period not exceeding twelve months or for such longer period as the Minister thinks fit; or

(b) for any other purpose (not being a purpose in respect of which leave may be granted under any other provision of these Regulations)—for a period not exceeding twelve months.

(2.) The period during which an officer or employee is absent on leave granted under this regulation shall not, unless the Minister otherwise determines, be deemed to form part of the period of service or employment of the officer or employee under the Act.

Leave for defence purposes.

73.—(1.) The High Commissioner may grant leave of absence to an officer or employee—

(a) to enable the officer or employee to engage in time of war in service as a member of the naval, military or air force of the United Kingdom, Australia or of a part of the Queen’s dominions (including a British protectorate or a British protected state);

(b) to enable the officer or employee to engage in service as a member of a force referred to in the last preceding paragraph which has been allotted for duty in an area in which the forces of the United Nations are engaged in warlike operations;

(c) to enable the officer or employee to attend annual training as a member of a force referred to in paragraph (a) of this sub-regulation;

(d) to enable the officer or employee to attend a school, class or course of instruction conducted for the training of members of such a force; or

(e) to enable the officer or employee to render full-time training as a member of such a force for or in connexion with the training of persons liable to national service training.

(2.) The period during which an officer or employee is absent on leave granted under this regulation shall be deemed to form part of the period of service or employment of the officer or employee under the Act.

Salary while on defence leave.

74.—(1.) Leave of absence granted to an officer or employee for a purpose specified in paragraph (a) or (b) of sub-regulation (1.) of the last preceding regulation shall be without salary.

(2.) Where the remuneration payable to an officer or employee as a member of a force referred to in paragraph (e), (d) or (e) of sub-regulation (1.) of the last preceding regulation during the period for which he is granted leave of absence for the purpose specified in that paragraph is less than the salary which the officer or employee would have received during that period as an officer or employee, the officer or employee shall be paid an amount equal to the difference.

(3.) For the purpose of this regulation, “salary” includes such allowances under these Regulations as the High Commissioner determines.

Short leave of absence.

75.—(1.) The Official Secretary may, upon sufficient cause being shown, grant to an officer or employee leave of absence, without deduction from recreation leave, not exceeding three days in the aggregate in any period of twelve months that is regarded as a period of twelve months’ service for the purpose of his entitlement to sick leave.

(2.) In addition to leave of absence granted under the last preceding Sub-regulation, the Official Secretary may grant an officer or employee leave of absence not exceeding one working week in the aggregate in any such period of twelve months but that period of leave of absence shall be deducted from the next accruing recreation leave of the officer or employee.

(3.) In addition to leave of absence granted under the last two preceding sub-regulations, the Official Secretary may grant leave of absence to an officer or employee for the purpose of attending an examination of a University or of a Technical College or School in subjects a knowledge of which would, in the opinion of the Official Secretary, increase the usefulness of the officer or employee in the Service.

Leave for officers and employees called as witnesses or jurors.

76.—(1.) An officer or employee who is subpoenaed or called as a witness or summoned as a juror shall promptly notify the Official Secretary.

(2.) An officer or employee subpoenaed or called as a witness or summoned as a juror shall be granted leave of absence for the period necessary for his attendance as a witness or juror.

(3.) Leave of absence granted under this regulation to an officer or employee who is subpoenaed or called as a witness on behalf of Her Majesty’s Government in the United Kingdom or on behalf of the Commonwealth shall be on full salary.

(4.) An officer or employee referred to in the last preceding sub-regulation may, if he is required to travel, be allowed travelling allowance and expenses as if his attendance as a witness were in the performance of his official duties.

(5.) Leave of absence granted under this regulation to an officer or employee who is subpoenaed or called as a witness in any other circumstances shall be without salary but any fee received by him as a witness may be retained by him.

(6.) Leave of absence under this regulation to an officer or employee who is summoned as a juror shall be on full salary less any amount received by him as compensation for his attendance as a juror.

PART V.—TENURE OF OFFICE.

Retirement of officers.

77.—(1.) Subject to these Regulations, an officer who has attained the age of sixty years is entitled to retire from the Service if he desires to do so, but may continue in the Service until he attains the age of sixty-five years.

(2.) If an officer continues in the Service after he has attained the age of sixty years, he may, at any time before he attains the age of sixty-five years, be retired from the Service by the Minister upon the recommendation of the High Commissioner.

(3.) An officer shall, on attaining the age of sixty-five years, be retired by the Minister from the Service.

Excess officers.

78.—(1.) If, at any time, the High Commissioner finds that a greater number of officers is employed than is necessary for the efficient working of the Service, the High Commissioner shall report to the Minister accordingly.

(2.) The Minister may transfer an officer who the High Commissioner finds is in excess to such other office of equal classification as the officer is competent to fill and, if no such office is available, the officer may be transferred to an office of a lower classification.

(3.) If no office is available for the officer, the Minister may retire the officer from the Service.

Female officers to be retired.

79. A female officer shall be deemed to have retired from the Service upon her marriage.

Incapacity of officers.

80.—(1.) If an officer appears to the High Commissioner to be inefficient or incompetent, or unfit to discharge or incapable of discharging the duties of his office, the High Commissioner may recommend to the Minister that the officer be transferred to another office in the Service or that he be retired from the Service.

(2.) Upon receipt of the High Commissioner’s recommendation, the Minister may transfer the officer to another office in the Service with salary appropriate to that other office or may, subject to regulation 60 of these Regulations, retire him from the Service.

(3.) If an officer is absent on sick leave for the maximum period specified in relation to the officer in regulation 64 of these Regulations and the Minister is, at the expiration of that period, satisfied that the officer is unable to resume his duties, the officer shall be retired from the Service.

Dismissal of officers and employees.

81.—(1.) The Minister may dismiss an officer in accordance with Part VI.

(2.) An employee may be dismissed by the High Commissioner at any time—

(a) if the High Commissioner decides that the position he is occupying is no longer necessary for the efficient functioning of the Service;

(b) if the employee appears to the High Commissioner to be inefficient or incompetent, or unfit to discharge or incapable of discharging his duties;

(c) if the employee is absent on leave of absence on account of illness for the maximum period specified in regulation 64 of these Regulations, and the High Commissioner is satisfied that he is unable to resume his duties at the expiration of that period;

(d) if the employee contravenes or fails to comply with a provision of these Regulations applicable to him;

(e) if the employee has been guilty of conduct which, if he were an officer, would have constituted a disciplinary offence specified in regulation 91 of these Regulations;

(f) if the employee is found guilty of a criminal offence referred to in regulation 94 of these Regulations; or

(g) if the employee foments or takes part in a strike referred to in regulation 95 of these Regulations.

Return of officers over 60 years of age.

82. The High Commissioner shall furnish to the Minister, in the month of April in each year, a return of officers who have attained the age of sixty years, together with a report in each case as to whether the officer is able and willing to continue to perform his duties.

PART VI.—DUTIES OF OFFICERS AND EMPLOYEES AND DISCIPLINE.

Division 1.—Duties of Officers and Employees.

Knowledge of Act and Regulations.

83. A person who is an officer or employee shall acquaint himself with such of the provisions of the Act and of these Regulations and with such rulings, orders and instructions issued in connexion with the Act and these Regulations as are applicable to him in the performance of his duties.

Subordination of officers and employees.

84.—(1) A person who is an officer or employee shall obey promptly all instructions given to him by the officers under whose control or supervision he is placed.

(2.) If an officer or employee has ground for complaint arising out of instructions given to him by a superior officer, or from any other cause whatsoever, he may appeal on that ground, through his immediate superior, to the Official Secretary, who shall decide the appeal and advise the officer or employee of his decision.

(3.) If the officer or employee is still dissatisfied, he may appeal, through the Official Secretary, to the High Commissioner, who shall finally decide the appeal.

(4.) The officer or employee shall, nevertheless, as far as possible, carry out any instructions which are given to him until they are countermanded or varied by a competent authority.

Performance of work outside the Service.

85.—(1.) Except with the express permission of the High Commissioner, which permission may at any time be withdrawn, an officer or employee shall not—

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

(b) accept or continue to hold or discharge the duties of, or be employed in, a paid office in connexion with any commercial business;

(d) engage or continue in the private practice of a profession, occupation or trade, or enter into employment, whether remunerative or not, with a person so engaged; or

(e) accept or engage in remunerative employment otherwise than in connexion with his duties.

(2.) Nothing in this regulation prevents an officer or employee from becoming a member or shareholder only of an incorporated company or society, but an officer or employee shall not take part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.

Solicitation or acceptance of gifts.

86. An officer or employee shall not, directly or indirectly, solicit or accept gifts or presents from a member of the public concerned, directly or indirectly, with a matter connected with the duties of the officer or employee or in which the Commonwealth is interested.

Monetary transactions between officers or employees forbidden.

87. An officer or employee shall not—

(a) be a party to a monetary transaction with another officer or employee, whether as principal or agent, whereby any interest or return in money or kind is charged or paid; or

(b) borrow money from another officer or employee.

Obligations arising from confidential nature of duties.

88.—(1.) An officer or employee shall not—

(a) publicly comment on the administration of the High Commissioner’s Office or of the Commonwealth; or

(b) use, otherwise than in the discharge of his official duties, any information gained by or conveyed to him through his connexion with the High Commissioner’s Office.

(2.) An officer or employee shall not, except in the course of his official duties or with the written approval of the High Commissioner, give information directly or indirectly, concerning the business of the High Commissioner’s Office or of the Commonwealth or another matter of which he has knowledge officially.

Accounts and public moneys.

89. Where the duties of an officer or employee relate to accounts or the collection and payment of public moneys, the officer or employee shall follow, with the necessary changes, the accounting procedures and provisions for the payment and receipt of public moneys of the Commonwealth required by the Audit Act 1901-1960 and by regulations in force from time to time under that Act to be followed by a person holding the corresponding office in the Commonwealth Public Service.

Bankrupt officers or employees.

90. An officer or employee who becomes a bankrupt, enters into a scheme of arrangement or composition with his creditors or executes a deed of arrangement for the benefit of his creditors shall—

(a) forthwith give notice to the Official Secretary accordingly; and

(b) as and when required to do so by the Official Secretary, furnish such information in relation to his bankruptcy or insolvency as the Official Secretary requires.

Division 2.—Disciplinary Offences and Punishment.

Disciplinary Offences.

91. Subject to regulations 94 and 95 of these Regulations, an officer who—

(a) wilfully disobeys or disregards a lawful order made or given to him in his capacity as an officer by a person having authority to make or give the order;

(b) is negligent or careless in the discharge of his duties;

(d) having made and subscribed an oath or affirmation under these Regulations, does or says anything in violation of that oath or affirmation;

(e) is inefficient or incompetent through causes which appear to be within his own control;

(f) unlawfully uses intoxicating liquors or drugs to excess;

(g) is guilty of disgraceful or improper conduct whether in his official capacity or otherwise; or

(h) has wilfully supplied to an officer or other person acting on behalf of the Commonwealth incorrect or misleading information in connexion with his appointment to the Service,

is guilty of a disciplinary offence and is liable to punishment in accordance with this Division.

Minor offences by officers.

92.—(1.) If the Official Secretary has reason to believe that an officer has committed a disciplinary offence under the last preceding regulation, not being an offence of such a nature that, in his opinion, the officer should not continue in the performance of his duties, the Official Secretary may call upon the officer for an explanation.

(2.) If the officer does not furnish an explanation and the Official Secretary considers that the offence has been committed, or if the Official Secretary, after consideration of an explanation, is of the opinion that the offence has been committed, the Official Secretary may—

(a) caution or reprimand the officer; or

(b) fine the officer an amount not exceeding Two pounds.

Major offences by officers.

93.—(1.) If the Official Secretary has reason to believe that a disciplinary offence of such a nature that the officer should not continue in the performance of his duty has been committed, the Official Secretary—

(a) shall immediately charge the officer and furnish him with a copy of the charge; and

(b) may, prior to, at the time of or subsequent to the laying of the charge, suspend the officer.

(2.) Upon receipt of the copy of the charge, the officer shall forthwith state in writing to the Official Secretary whether he admits or denies the charge and may give an explanation with respect to the alleged offence.

(3.) If the officer does not admit the charge within seven days after the copy of the charge is furnished to him, he shall be deemed to deny the charge.

(4.) The Official Secretary shall then forward to the High Commissioner a report on the matter, together with a recommendation as to the action which, in the opinion of the Official Secretary, ought to be taken, and the reply and explanation (if any) received from the officer.

(5.) The High Commissioner shall consider the report, recommendation, reply and explanation (if any) relating to the charge together with any further reports which the High Commissioner sees fit to obtain and, if the officer has not admitted the charge, shall determine whether or not in his opinion the charge has been sustained.

(6.) If the officer has admitted the charge and the High Commissioner after considering the report, recommendation, reply and explanation (if any) relating to the charge considers that the charge has been sustained, the High Commissioner may—

(a) fine the officer an amount not exceeding Twenty pounds;

(b) if the officer occupies a position to which a scale of rates of annual salary is applicable and he is in receipt of a rate of annual salary other than the minimum rate within that scale of rates—reduce his rate of salary to a lower rate within that scale;

(d) transfer the officer to some other position or so transfer him in addition to a fine or reduction in accordance with the preceding paragraphs of this sub-regulation; or

(e) recommend to the Minister the dismissal of the officer from the Service.

(7.) If the High Commissioner recommends to the Minister the dismissal of an officer from the Service, he shall at the same time forward to the Minister a report of all the particulars of the case together with the report, recommendation, reply and explanation referred to in sub-regulation (4.) of this regulation and the Minister may, after considering the reports, recommendations, reply and explanation—

(a) impose a punishment specified in paragraph (a), (b), (c) or (d) of the last preceding sub-regulation; or

(b) dismiss the officer.

(8.) If the officer has been suspended, the High Commissioner may, at any time, remove the suspension and, if the High Commissioner considers that the charge has not been sustained, the suspension of the officer shall forthwith be removed.

Officers charged with criminal offences.

94.—(1.) Where an officer is charged with a criminal offence punishable either on indictment or on summary conviction, the Official Secretary may suspend the officer and report the circumstances to the High Commissioner.

(2.) If, upon the hearing of the charge by a court, the officer is found guilty of the offence, the officer may (whether or not he has been suspended) be dealt with in accordance with the last preceding regulation as if he had been charged under that regulation and the charge had been sustained.

(3.) If an officer who has been suspended is found by the court to be not guilty of the criminal offence, the High Commissioner shall forthwith remove the suspension.

Officers taking part in strikes.

95. Where, after investigation and hearing by the High Commissioner, an officer is found guilty of directly fomenting or taking part in a strike which interferes with or prevents the carrying on of the business of the High Commissioner’s Office, the High Commissioner shall, without regard to the procedure prescribed under these Regulations for the dealing with a disciplinary offence, summarily dismiss the officer from the Service and report all the particulars of the case to the Minister.

Payment of salary to officers during suspension.

96.—(1.) Where an officer has been suspended under the preceding provisions of this Part, he shall, unless the High Commissioner otherwise orders, be paid his salary during the period of his suspension.

(2.) Where—

(a) an officer has been suspended for an offence under this Part;

(b) the High Commissioner has ordered that the officer shall not be paid his salary during the period of the suspension; and

(c) the charge is not sustained and the suspension is removed, the officer shall be paid his salary for the period of the suspension.

Record of punishments.

97.—(1.) The Official Secretary shall cause a record to be kept of all punishments of officers imposed under this Part.

(2.) A punishment of an officer under regulation 92 of these Regulations shall not be kept on record for a longer period than two years after the imposition of the punishment.

(3.) In any matter under these Regulations affecting an officer, no record or report relating to a punishment of the officer under regulation 92 of these Regulations of over two years’ standing shall be taken into consideration.

Report of punishments.

98. The Official Secretary shall advise the Minister of all punishments of officers imposed under this Part except fines of an amount of Two pounds or less and punishments under regulation 92 of these Regulations.

Deduction of pecuniary penalty from salary.

99.—(1.) On receipt of notice of a pecuniary penalty imposed upon, or an order for the payment of money made against, an officer under these Regulations, the officer who pays the salary of the officer so punished or against whom the order is made shall, unless he is satisfied that payment has been made by that officer, deduct from that salary payable to the officer the amount of the penalty, or the sum ordered to be paid, as the case may be.

(2.) The deduction may be made by instalments equal as nearly as practicable to one-fourth of the salary due from time to time to the officer.

(3.) All fines and penalties imposed under these Regulations shall be paid into and form part of the Consolidated Revenue Fund.

THE SCHEDULES.

FIRST SCHEDULE.

Regulation 2.

STATUTORY RULES REPEALED.

Statutory Rules 1941, No. 258.

Statutory Rules 1943, No. 73.

Statutory Rules 1943, No. 300.

Statutory Rules 1944, No. 172.

Statutory Rules 1946, No. 50.

Statutory Rules 1946, No. 97.

Statutory Rules 1948, No. 58.

Statutory Rules 1949, No. 11.

Statutory Rules 1949, No. 79.

Statutory Rules 1950, No. 45.

Statutory Rules 1952, No. 21.

Statutory Rules 1952, No. 95.

Statutory Rules 1954, No. 75.

Statutory Rules 1955, No. 72.

SECOND SCHEDULE.

Regulation 11.

OATH OR AFFIRMATION ON APPOINTMENT.

I, A.B., do swear by Almighty God [or solemnly and sincerely affirm and declare] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and will faithfully perform the duties of an officer [or an employee] under the High Commissioner (United Kingdom) Act 1909-1957.

THIRD SCHEDULE.

Regulation 22.

OATH OR AFFIRMATION BY MEMBER OF PROMOTIONS APPEAL COMMITTEE.

I, A.B., do swear by Almighty God [or solemnly and sincerely affirm and declare] that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law as a member of the Promotions Appeal Committee constituted under the High Commissioner (Staff) Regulations and that I will faithfully perform the duties and exercise the powers imposed or conferred upon me as such a member without fear or favour, affection or ill-will.

FOURTH SCHEDULE.

ANNUAL SALARIES. Regulation 24.

Office.	Rates of Annual Salary or Scale of Rates of Annual Salary.
	£	£	£	£	£	£
Clerk .................	385	415	465	515	585	605
	625	645	665	685	705	725
	745	765	785	805	865	900
	935	970	1,005	1,040	1,080	1,115
	1,150	1,175	1,245	1,295	1,345	1,390
	1,435	1,455	1,560	1,615	1,695	1,770
	1,845	1,920	2,050	2,150	2,250	2,350
Machinist ..............	600	618	636	654	672	690
	708	728	748	768
Clerical Assistant .........	331	361	396	436	486	504
	522	540	558	576	594	612
	630	648	666	684
Stenographer ............	338	378	418	463	518	536
	554	572	590	608	628	646
	666	684	704	722	740	758
	778
	303	343	378	383	418	423
Machine Operator .........	463	478	496	514	518	532
Typist .................	536	550	554	568	572	590
	608	628	646
Chauffeur ..............
Display Man ............
Engineer’s Assistant .......
General Hand ............	300	330	360	400	440	458
Lift Attendant............	476	494	512	530	548	568
Messenger ..............	586	592	604	610	622	640
Porter .................	648	666	684
Stoker ................
Storeman ..............
Window Cleaner ..........
	300	342	384	426	520	538
Reproduction Assistant .....	556	574	592	610	628	646
Photo Printer ............	710	728	746	764	782	800
Photographer ............	818	836	900	930	960	990
	1,020	1,050	1,080
Telephonist .............	303	343	383	423	478	496
	514	532	550	568	588	606
	624
Nurse Receptionist ........	624	642	660	678	696	714
Senior Painter ...........	673
Electrician ..............	655
Carpenter ..............
Plumber ...............	615
Painter ................
French Polisher ..........	605

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.