Naval and Air Civilian Staff Regulations (Cth)

STATUTORY RULES.

1942. No. 119.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941, THE NAVAL DEFENCE ACT 1910-1934 AND THE AIR FORCE ACT 1923-1941.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1941, the Naval Defence Act 1910-1934 and the Air Force Act 1923-1941.

Dated this eleventh day of March, 1942.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

 

Naval and Air Civilian Staff Regulations.

Citation.

1. These Regulations may be cited as the Naval and Air Civilian Staff Regulations.

Definitions.

2. For the purposes of these Regulations—

“employee” means any person employed in a civil capacity—

(a) inconnexion with the Naval Forces or in connexion with any services auxiliary to Naval Defence or any naval works or establishments; or

(b) in connexion with the Air Force,

who is not an officer;

“officer” means—

(a) a person whose employment in a civil capacity for any purpose in connexion with the Naval Forces or in connexion with any services auxiliary to Naval Defence or any naval works or establishments was authorized, and who was appointed, by the Governor-General in pursuance of section 63 of the Defence Act 1903-1941 or section 41 of the Naval Defence Act 1910-1934; or

(b) a person whose employment in a civil capacity for any purpose in connexion with the Air Force was authorized, and who was appointed, by the Governor-General in pursuance of section 63 of the Defence Act 1903-1941 in its application to the Air Force;

 

* Notified in the Commonwealth Gazette on , 1942.

7615—18/13.6.1941.—Price 3d.

“rights” includes, without limiting the generality of the expression, rights in respect of—

(a) leave on the ground of illness;

(b) furlough or pay in lieu thereof (including pay to dependants on the death of the officer or employee);

(c) superannuation;

(d) child endowment; and

(e) in the case of a female officer or employee, payment on marriage;

“the Civilian Staff Regulations” means the regulations made under the Defence Act 1903-1918, being Statutory Rules 1926, No. 209, as subsequently amended otherwise than by Statutory Rules 1939, No. 172.

Repeal of Statutory Rules 1939, No. 172.

3.—(1.) Statutory Rules 1939, No. 172, is repealed.

(2.) Any officer or employee who, immediately prior to the date upon which the Civilian Staff Regulations were amended by Statutory Rules 1939, No. 172, was employed subject to the Civilian Staff Regulations and who was not retired or whose services were not terminated at any time within the period from that date to the date upon which these Regulations come into operation shall be deemed for all purposes to have continued to be employed up to the last-mentioned date subject to the Civilian Staff Regulations as if those Regulations had not been amended by Statutory Rules 1939, No. 172.

(3.) Any officer or employee who, immediately prior to the date upon which the Civilian Staff Regulations were amended by Statutory Rules 1939, No. 172, was employed subject to the Civilian Staff Regulations and who was retired or whose services were terminated at any time prior to the date upon which these Regulations come into operation shall be deemed for all purposes to have continued to be employed subject to the Civilian Staff Regulations, as if those Regulations had not been amended by Statutory Rules 1939, No. 172, up to the date of his retirement or the termination of his services, as the case may be.

(4.) Any person who during the period from and including the fourteenth day of December, 1939, to the date upon which these Regulations come into operation was appointed or temporarily employed in a civil capacity in connexion with the Naval Forces or the Air Force shall be deemed for all purposes to be and to have been employed subject to the Civilian Staff Regulations:

Provided that any such persons employed during that period in connexion with the Air Force may, in respect of that period, be paid at the rates and subject to the conditions prescribed by regulation 48 of the Air Force (Civil Staff) Regulations.

(5.) For the purpose of the application of the provisions of the Civilian Staff Regulations to any person employed or deemed to be employed subject to those Regulations, the expression “the Secretary” shall mean, wherever it occurs in those Regulations—

(a)in relation to any person employed in a civil capacity in connexion with the Naval Forces—the Secretary to the Department of the Navy; or

 

(b)in relation to any person employed in a civil capacity in connexion with the Air Force—the Secretary to the Department of Air.

Application of Naval Establishments Regulations and Air Force (Civil Staff) Regulations.

4. Any person who, immediately prior to the date upon which these Regulations come into operation, was employed, or, under the last preceding regulation, deemed to be employed, subject to the provisions of the Civilian Staff Regulations, shall on and from the date upon which these Regulations come into operation cease to be employed subject to the provisions of the Civilian Staff regulations and shall be and be deemed to be subject—

(a) if he is employed in a civil capacity in connexion with the Naval Forces—to the Naval Establishments Regulations; or

(b) if he is employed in a civil capacity in connexion with the Air Force—to the Air Force (Civil Staff) regulations:

Provided that—

(a) any person to whom this regulation applies shall preserve any rights acquired by him by virtue of his service or employment subject to the provisions of the Civilian Staff Regulations;

(b) in respect of any rights which may accrue to any such person by virtue of his service or employment under the Naval Establishments Regulations, or the Air Force (Civil Staff) Regulations, as the case may be, the respective periods of his service or employment under those Regulations and under the Civilian Staff Regulations shall be deemed to be a continuous period of service or employment; and

(c) where, immediately prior to the date upon which these Regulations come into operation, the rate of pay payable to, or the limits of pay allotted to the position occupied by, any person to whom this regulation applies are, under the Naval Establishments Regulations, or the Air Force (Civil Staff) Regulations, as the case may be, less than the rate which was payable, or the limits which were prescribed, in respect of that person, or the position occupied by that person, as the case may be, under the Civilian Staff Regulations, that person shall not, so long as he continues to occupy the position to which immediately he is assigned in pursuance of this regulation, be paid less than the rate of pay to which he would have been entitled if he had continued to be employed in the position which he occupied subject to the Civilian Staff Regulations immediately prior to that date.

 

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