STATUTORY RULES.
1938. No. 82.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1934.
Dated this Twenty eighth day of July, 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Civilian Staff Regulations. †
After regulation 125 of the Civilian Staff Regulations the following regulation is inserted:—
Conditions of appointment of Cadet Engineer.
“125a. Notwithstanding anything contained in these Regulations—
(a) the Governor-General may, on the recommendation of the Secretary, appoint a person to the position of Cadet Engineer in the Department without examination; and
(b) the appointment of any Cadet Engineer under paragraph (a) of this regulation may be terminated by the Governor-General upon the recommendation of the Secretary if, in the opinion of the Secretary, such Cadet Engineer is not efficient, or if he fails to pass, within such reasonable time as is decided by the Secretary, the University examinations enabling him to qualify for a degree in Engineering.”
* Notified in the Commonwealth Gazette on 1938.
† Statutory Rules 1926, No. 209, as amended by Statutory Rules 1928, Nos. 19, 36, 58 and 86; 1929, Nos. 38, 79 and 102; 1930, Nos. 29, 50, 75, 100 and 139; 1931, Nos. 15, 48, 49 and 60; 1932, Nos. 11, 37, 113 and 126; 1933, Nos. 9, 51, 59 and 86; 1934, Nos. 5, 105 and 144; 1935, No. 106; 1936, Nos. 28, 43, 117, 130 and 152; 1937, Nos. 15 and 79; 1938, No. 8.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3636.—9/5.7.1938.—Price 3d.
Overview
The Statutory Rules 1938, No. 82, enacted by the Administrator of the Government of the Commonwealth of Australia on the advice of the Federal Executive Council, introduce regulations under the Defence Act 1903-1934. This legislation was designed to address the need for streamlined and flexible appointment processes within the Department of Defence to ensure efficient and capable staffing, particularly in technical roles such as Cadet Engineer. The policy objective was to allow for the direct appointment of Cadet Engineers based on merit and potential, bypassing the usual examination process, while also providing a safeguard to ensure that appointees maintain a high standard of performance and educational attainment.
The regulation, which amends the Civilian Staff Regulations, permits the Governor-General to appoint Cadet Engineers based on the Secretary's recommendation, without the necessity for a competitive examination. This flexibility aims to quickly fill critical roles with suitable candidates. However, it also includes provisions for the termination of such appointments if the Cadet Engineer does not meet efficiency standards or fails to qualify for a degree in Engineering within a stipulated timeframe. This approach balances the need for swift staffing with the requirement for maintaining high professional standards within the Department of Defence.
Scope and Application
The Regulations under the Defence Act 1903-1934, specifically Statutory Rules 1938, No. 82, pertain to amendments of the Civilian Staff Regulations. These regulations apply to the appointment and employment conditions of Cadet Engineers within the Department of Defence. The Governor-General has the authority to appoint a Cadet Engineer without examination upon the recommendation of the Secretary, and such an appointment may be terminated if the Cadet Engineer is deemed inefficient or fails to qualify for a degree in Engineering within a specified time. This regulation extends to the entire Commonwealth and is part of a series of amendments to the Civilian Staff Regulations, with the latest being Statutory Rules 1938, No. 82. The regulation does not explicitly mention any exclusions or exemptions, but the appointment and termination of Cadet Engineers are subject to the criteria set by the Secretary.
Key Provisions
The regulation introduced under the Defence Act 1903-1934, specifically within the Civilian Staff Regulations, allows for the appointment of a Cadet Engineer to the Department without the usual examination requirement. This is detailed in the newly inserted regulation 125a (C1938L00082). According to this regulation, the Governor-General, on the advice of the Secretary, can appoint a Cadet Engineer directly. This appointment process bypasses the usual examination procedures that apply to other positions within the Department. However, the regulation also stipulates that this appointment can be terminated if the Cadet Engineer is deemed inefficient or fails to pass the University examinations for a degree in Engineering within a time frame set by the Secretary.
The regulation imposes specific obligations on the parties involved. The Governor-General, acting on the Secretary's recommendation, has the authority to appoint a Cadet Engineer. The Secretary, in turn, is responsible for assessing the Cadet Engineer's efficiency and ensuring they meet the educational requirements for the position. The regulation clearly outlines that the Secretary must decide on a reasonable time frame for the Cadet Engineer to pass the necessary University examinations. Failure to meet these criteria can result in the termination of the appointment.
Breach of the conditions set forth in regulation 125a does not explicitly outline specific offences or penalties within the text of the regulation itself. However, any failure to adhere to the terms of appointment, such as not passing the required University examinations within the specified time, would result in the termination of the Cadet Engineer's appointment. While the regulation does not mention financial penalties or criminal consequences, the primary consequence is the loss of employment, reflecting the seriousness of the criteria set for maintaining the position.