STATUTORY RULES.
1922. No. 97.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 1903-1918, to come into operation on and from the 9th December, 1921.
Dated this fifth day of July, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Australian Military Regulations 1916.
Amendment.
Australian Military Regulation 499 is amended by adding the following new sub-regulation:—
“(4.). Officers and soldiers permanently employed, who are retired voluntarily or compulsorily in pursuance of the decision of the Government to re-organize and retrench the Department of Defence may, notwithstanding that they have not reached the age for retirement, be paid, subject to the approval of the Governor-General, the sum equivalent to the pay for the period of leave for which they would be eligible under sub-regulations (1) and (2) of this regulation had they reached the age for retirement at the date of the termination of their appointment or of their discharge.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Australian Military Regulations 1916 were enacted in 1922 to address the need for adjustments in the Defence Act 1903-1918, particularly concerning the reorganisation and retrenchment of the Department of Defence. This legislative instrument was introduced by the Governor-General in Council, acting on the advice of the Minister of State for Defence, and came into effect on 9 December 1922. The primary objective of these regulations was to ensure that officers and soldiers who were compulsorily retired due to the restructuring efforts of the government received fair compensation, specifically by granting them the equivalent pay for leave periods they would have been entitled to had they reached the retirement age. This amendment was aimed at providing necessary support and stability to personnel affected by the significant changes within the Defence Department during that period.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1922 No. 97, pertain to officers and soldiers permanently employed in the Department of Defence who are retired either voluntarily or compulsorily as part of a government-initiated reorganisation and reduction in force. This legislation applies to individuals who find themselves in such circumstances, irrespective of whether their retirement occurs before reaching the usual retirement age. These regulations ensure that such personnel are compensated for the leave they would have accrued had they retired at the appropriate age, subject to the Governor-General's approval. The reach of these regulations is confined to the Commonwealth of Australia, governing the terms of service and retirement benefits within the Defence Department. This legislative instrument does not specify exclusions or thresholds beyond the criteria of voluntary or compulsory retirement due to departmental reorganisation, and its application may be further defined or restricted through subordinate instruments.
Key Provisions
The main operative sections of these regulations involve amendments to Australian Military Regulation 499, specifically the addition of sub-regulation (4). This sub-regulation allows for officers and soldiers who are permanently employed and are retired, whether voluntarily or compulsorily, in accordance with the Government's decision to reorganise and reduce the Department of Defence, to receive a sum equivalent to the pay for the leave they would have been eligible for under sub-regulations (1) and (2). This payment is contingent upon the approval of the Governor-General and is applicable even if the individual has not reached the age for retirement at the time of their discharge or the termination of their appointment (Australian Military Regulation 499(4)).
These regulations impose specific obligations on both the Department of Defence and the affected officers and soldiers. The Department of Defence is responsible for ensuring that any decision to reorganise and reduce the department is carried out in accordance with the provisions of the Defence Act 1903-1918 and these regulations. When officers and soldiers are retired under these circumstances, they must adhere to the requirement that their retirement is voluntary or compulsory as decided by the Government. Furthermore, they must be aware that their entitlement to a payment equivalent to leave pay is subject to the approval of the Governor-General. This approval process ensures that the financial implications are appropriately considered and authorised (Australian Military Regulation 499(4)).
In terms of breaches and consequences, the regulations do not explicitly detail specific offences or penalties for non-compliance with these provisions. However, any failure to adhere to the terms of the Defence Act 1903-1918 or the statutory rules could potentially result in legal action under the relevant sections of the Act. For instance, any actions taken by the Department of Defence that do not comply with the statutory framework could be challenged in court, potentially leading to orders for compliance or other judicial remedies. Additionally, if the payment to officers and soldiers is made without the necessary approval of the Governor-General, this could also be subject to review and correction, with potential implications for the financial administration of the Defence Department.