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Nauru Police Force Act 1972 - Police (Overtime and Public Holidays) Regulations 1979

REPUBLIC OF NAURU

NAURU POLICE FORCE ACT 1972
POLICE (OVERTIME AND PUBLIC HOLIDAYS)
REGULATIONS 1979

ARRANGEMENT OF REGULATIONS

Regulation

1. Title
2. Interpretation
3. Hours of duty
4. Records of attendance
5. Public holidays
6. Overtime payments
7. Sunday duty
8. Repeal

IN EXERCISE of the powers conferred on me by section 50 of

the Nauru Police Force Act 1972, I hereby make the following

Regulations -

TITLE

1. These Regulations may be cited as the Police (Overtime and Public Holidays) Regulations 1979

INTERPRETATION

2. In these Regulations -

"fortnightly pay period" means the periods of a fortnight each in respect of which permanent officers in the Public Service under and by virtue of the Public Service Act 1961 1975 are paid;

"overtime" means any period during which a police officer performs a duty in any working week in excess of the normal hours of duty;

"police officer" means any person appointed under section 6 of the Act;

"section of the Nauru Police Force" means any division existing for administrative convenience and the discharge of the functions of the Nauru Police Force;

"working week" means a period of Monday to Sunday, both days inclusive.

HOURS OF DUTY

3. (1) The number of normal hours of duty of police officers in any working week shall be forty, subject to Regulation 6(8).

(2) Notwithstanding the foregoing paragraph, a police officer may be required to work, in accordance with these Regulations, hours in excess of forty hours in any working week and, except insofar as is provided to the contrary by these Regulations, he shall be entitled to receive overtime payments in respect of excess hours worked.

(3) A police officer shall attend to perform duty during such hours as he may be directed to do so by the Director of Police or any other officer to whom the Director of Police may delegate his powers under this paragraph.

(4) A police officer who is shown upon a roster exhibited in a conspicuous position in the Central Police Station or in respect of any section of the Nauru Police Force any other place specified by the Director of Police as being due to perform duties between the hours and on the days shown on any such roster shall be deemed to have been directed by the Director of Police to perform duty between those hours on those days.

RECORDS OF ATTENDANCE

4. (1) The Director of Police shall determine the means of recording the attendance of police officers.

(2) The officer in charge of each section of the Nauru Police Force is responsible, using the means of record determined by the Director of Police, for the recording of attendance of police officers in that section in accordance with these Regulations and such directions as are given to him by the Director of Police.

(3) Every police officer, other than the Director of Police, shall, record daily, by the means of record determined by the Director of Police, the actual times of his arrival at and his departure from, his place of duty.

(4) The means of record of attendances for each section of the Nauru Police Force shall be available at all times at the Central Police Station or at such other place as the Director of Police may determine.

PUBLIC HOLIDAYS

5. (1) The days which are holidays in the Public Service under or by virtue of the provisions of section 44 of the Public Service Act 1961 1975 shall be holidays in the Nauru Police Force.

(2) The Director of Police may require police officers to perform duties on public holidays but any police officer performing duties on such a holiday shall be entitled to receive

(a) overtime payment for the hours during which such duties are performed subject to regulations 6(8) and 7(1) (a); or

(b) an equivalent time as additional recreational leave,

as the Director of Police shall direct in each case:

Provided that the Director of Police may issue general directions applying to the circumstances specified in any such direction.

OVERTIME PAYMENTS

6. (1) Except insofar as is provided by regulation 5 or in special circumstances approved by the Director of Police, a police officer holding a rank or acting in a rank above that of Sergeant First Class shall not be entitled to receive any payment for overtime.

(2) At the end of each fortnightly pay period the officer in charge of each section of the Nauru Police Force shall furnish to the Director of Police a return containing the following -

(a) a statement of all overtime worked in that section during that period;

(b) particulars of all claims of police officers within that section for payment at overtime rates for hours of duty worked during that period.

(c) a certificate signed by the officer furnishing the return that the overtime appears to him

(i) to have been worked, and

(ii) to have been authorised in advance; or if not authorised in advance, to have been justified.

(3) The Director of Police may disallow payment for overtime claimed to have been worked if

(a) he believes that the overtime, was not worked, or

(b) the overtime, if not authorised in advance, was in his opinion not justified.

(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 following paragraph the hourly rate of overtime payment shall be

(a) in respect of overtime worked on a holiday, twice the normal hourly rate of pay;

(b) in respect of overtime worked on a Sunday, subject to regulation 7, twice the normal hourly rate of pay;

(c) in respect of any other overtime worked, one and a half times the normal hourly rate of pay.

(6) The normal hourly rate of pay shall be calculated in accordance with the following formula

Annual Salary x 6
313 40

and the overtime hourly rate of pay shall be calculated by multiplying the result of the formula by one and a half or two, whichever the provisions of the last preceding paragraph in the circumstances require and calculating the figure thus produced to two decimal points of a cent.

(7) An allowance payable paid to a police officer for performance of higher duties and allowances granted in such other cases as the Director of Police determines shall be regarded as salary for the purpose of computing overtime payment.

(8) Any period of absence from duty granted to a police officer by way of leave of absence shall, in the calculation of the number of hours to be worked before overtime can be claimed, be added to the number of hours actually worked by the police officer in the relative fortnightly pay period; but a police officer shall not, unless absent from duty on leave of absence, or unless absent in respect of any public holiday falling within that pay period, be credited with any hours of duty not actually worked.

(9) Where a police officer is required to perform duties at times or on days which are not disclosed on the roster mentioned in regulation 3 the period of duty shall be deemed to include the time reasonably spent in travelling to his place of duty from his home and returning to his home thereafter, unless such period of duty falls immediately before or immediately after a period of duty mentioned on such roster.

SUNDAY DUTY

7. (1) Subject to regulation 6(1), a police officer who is required to perform duty on a Sunday shall be paid in respect of that duty -

(a) at his normal rate of salary for such period during which that duty is performed as together with his other periods of duty in the working week which includes that Sunday does not exceed forty hours;

(b) at double his normal rate of salary for any period during which that duty is performed after the completion of forty hours of duty in the working week which includes that Sunday.

(2) In computing, payments for duty performed on a Sunday

(a) scheduled duty ending at two o'clock in the morning or earlier on the Sunday shall not be paid for at the rate of double time unless the officer is again required to be on duty on the same day; and

(b) scheduled duty commencing at ten o'clock in the evening or later on a Sunday shall not be paid for at the rate of double time unless the officer has already been on duty on the same day.

REPEAL

8. Regulations 6 and 10 of the Police Regulations 1972 are hereby repealed with effect from the date on which these Regulations come into force.

Made this 30th day of July, 1979.

L.D. KEKE
Minister for Justice