Civilian Staff (Other than Government Factories) Regulations (Amendment)

Legislation au C1924L00154 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 154.

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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 Regulation under the Defence Act 1903-18, to come into operation forthwith.

Dated this fifteenth day of October, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of State for Defence.

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Regulations for Civilian Staff (Other than Government Factories) Under Defence Act, Section 63.

Amendment.

Regulation 40a (h) is amended by inserting the figures “£450” in lieu of the figures “£400”. To take effect from 27th September, 1923.

Regulations 51 (1) and (2), and 52 (1), (2), and (3) are cancelled and the following new regulations are inserted in lieu thereof:—

“51.—(1) When an officer or employee has continued in the Government Service for at least twenty years, the Minister may grant to him leave of absence for a period not exceeding one month and a half on full salary or three months on half salary, in respect of each completed five years of continuous service:

Provided that an officer or employee shall not be granted leave of absence to exceed a continuous period of twelve months at any one time.

(2) When an officer or employee who has continued in the Government Service for at least twenty years is retiring from the Government Service, the Minister may authorize payment to him upon retirement of a sum equivalent to the amount of salary that would have been received by him during such leave of absence as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.

(3) Upon the death of any officer or employee who at the date of his death was eligible under this regulation for the grant of leave of absence, the Minister may authorize payment to the dependants of the officer or employee of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer or employee had he retired immediately prior to the date of his death.

(4) Notwithstanding, anything contained in this regulation—

(a) there shall not be granted under this regulation, in respect of the service of any officer or employee, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;

C.16045.—Price 3d.

(b) except upon the retirement of an officer or employee who has attained the age of sixty years, leave of absence for recreation shall not be granted in respect of the year in which leave of absence granted under this regulation commences; and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded, as part of the period of leave of absence granted under this regulation:

Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulation, during any officer’s or employee’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and

(c) the official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

(5) This regulation shall be deemed to have commenced on the thirtieth day of November, One thousand nine hundred and nineteen.

52.—(1) The Minister may grant to any officer or employee whose period of service is less than twenty years, who is not eligible for furlough under the last preceding regulation, immediately prior to his retirement from the Government Service on, or subsequent to, his attaining the age of sixty years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—

Service.

Leave.

16 years and less than 20 years ......................

5 months

12 years and less than 16 years ......................

4 months.

8 years and less than 12 years ......................

3 months

4 years and less than 8 years.......................

2 months

(2) In lieu of leave in accordance with the last preceding sub-regulation the Minister may authorize payment to an officer or employee, eligible for leave in pursuance of that sub-regulation, upon his retirement from the Government Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer or employee could have been granted under that sub-regulation.

(3) Where an officer or employee who is less than sixty years of age, retires from the Government Service after less than twenty years’ service, and produces to the Minister satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and is not due to misconduct or to causes within his own control, the Minister may authorize payment to the officer or employee of a sum equivalent to the salary for a period of leave not exceeding that for which, had he attained the age of sixty years, he would have been eligible under sub-regulation (1) of this regulation.

(4) In the event of the death of an officer or employee before he has completed twenty years’ service in the Government Service and either before or after he has attained the age of sixty years, the Minister may authorize payment to the dependants of the officer or employee or a sum equivalent to the salary for the period of leave which the officer or employee would have received had he been eligible for, and granted, leave of absence under sub-regulation (l) of this regulation.

(5) The official conduct record of an officer or employee shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.”

Insert new Regulation 52a as follows:—

“52a. For the purposes of the last two preceding regulations, salary includes such emoluments as are prescribed.”

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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1924 No. 154, Regulations Under Defence Act 1903-1918, were enacted in 1924 to address the need for more structured and equitable leave and retirement benefits for civilian staff within the defence sector. This legislative instrument was made by the Governor-General in Council, under the authority granted by the Defence Act 1903-1918. The primary policy objective of these regulations is to provide a fair and consistent framework for leave entitlements and payments for civilian staff based on their length of service, age, and circumstances of retirement or death. This ensures that employees receive appropriate compensation and recognition for their long-term service to the nation, aligning with the broader goals of the Defence Act to maintain and support a capable and dedicated civilian workforce within the defence sector.

Scope and Application

The Regulations for Civilian Staff (Other than Government Factories) Under Defence Act, Section 63, pertain to officers and employees of the Commonwealth who have served for a specified period within the Government Service. The regulations primarily focus on the provisions for leave of absence and pay upon retirement or death, contingent on the length of service. These regulations apply to any officer or employee who has served at least four years, with specific provisions for those who have served for at least twenty years, granting them extended leave and pay upon retirement or death of eligible employees. The regulations are applicable nationally, as they are made under the Commonwealth’s Defence Act, and thus have jurisdiction across Australia. Notably, the regulations do not specify exclusions or exemptions explicitly, but they do consider the official conduct record of an officer or employee when determining the grant of leave or pay. The application and scope of these regulations can be extended or restricted through subordinate instruments, as provided under the Defence Act 1903-1918.

Key Provisions

The Regulations for Civilian Staff (Other than Government Factories) under the Defence Act 1903-1918, as amended by Statutory Rules 1924, No. 154, provide specific provisions concerning leave of absence and retirement benefits for civilian staff members within the government service. Regulation 51 (sections 1 through 5) outlines the conditions under which an officer or employee who has served at least twenty years may be granted leave of absence on full or half salary, and what benefits they may receive upon retirement or in the event of death (51(1)–(5)). Regulation 52 (sections 1 through 4) sets out the leave of absence or payment that may be granted to an officer or employee with less than twenty years of service who retires on or after reaching sixty years of age, or to those who retire due to permanent ill-health before reaching sixty years of age or twenty years of service (52(1)–(4)). Regulation 52a clarifies the definition of salary for the purposes of the preceding regulations (52a). These regulations impose certain obligations on the Minister of Defence, who is responsible for granting leave of absence and retirement benefits in accordance with the specified conditions and criteria. The Minister must consider the officer or employee’s official conduct record when determining whether to grant the leave of absence or pay, and must ensure that the total leave of absence or pay granted does not exceed the statutory limits outlined in the regulations. The regulations also require the Minister to assess evidence of ill-health and its causes when considering applications for leave or payment due to ill-health. Failure to comply with the provisions of these regulations may result in legal consequences for the Minister or the government. While the regulations do not explicitly outline offences, penalties, or specific civil or criminal consequences for non-compliance, breaches of the Defence Act 1903-1918, under which these regulations are made, may incur penalties as prescribed by law. For instance, non-compliance with the Act's provisions could potentially lead to disciplinary actions, financial penalties, or other legal remedies available under Australian law. The maximum penalties for breaches of the Defence Act would typically be determined by the relevant courts based on the nature and severity of the offence.

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