STATUTORY RULES.
1939. No. 18.
REGULATION UNDER THE DEFENCE ACT 1903-1934.*
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 1903-1934.
Dated this second day of March, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of the Civilian Staff Regulations.†
Responsibility of Secretary.
Regulation 4 of the Civilian Staff Regulations is amended by omitting the words “another officer” and inserting in their stead the words “an officer or to a person permanently employed under the provisions of the Commonwealth Public Service Act 1922-1937”.
*Notified in the Commonwealth Gazette on , 1939.
†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, Nos. 8 and 82.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
662.—10/9.2.1939.—Price 3d.
Overview
Statutory Rules 1939, No. 18, issued under the Defence Act 1903-1934, was enacted by the Governor-General in Council, on the advice of the Minister of State for Defence, to amend the Civilian Staff Regulations. This regulation was introduced to address a gap in the existing legislative framework concerning the employment conditions of civilian staff within the defence sector, specifically by aligning the terms of their employment more closely with those under the Commonwealth Public Service Act 1922-1937. This change aimed to ensure consistency and fairness in the employment conditions across different sectors of the public service, thereby enhancing the overall management and operational efficiency of civilian staff within the defence apparatus.
Scope and Application
The Statutory Rules of 1939, No. 18, made under the Defence Act 1903-1934, amend the Civilian Staff Regulations concerning the appointment and employment of civilian staff. This regulation applies to civilian staff employed under the Defence Act and is intended to clarify the scope of appointments, specifying that they can be made to an officer or to a person permanently employed under the Commonwealth Public Service Act 1922-1937. The regulation thus affects individuals who are part of the civilian workforce within the Defence sector, ensuring that their employment conditions are aligned with the broader framework of the Commonwealth Public Service Act. The reach of this legislation is national, impacting all civilian staff employed by the Defence department across Australia. The regulation does not specify any exclusions or exemptions, and its application is not extended or restricted by any subordinate instruments mentioned in the text.
Key Provisions
The Statutory Rules 1939, No. 18, under the Defence Act 1903-1934, primarily amend the Civilian Staff Regulations. Specifically, Regulation 4 is altered by replacing the phrase "another officer" with "an officer or to a person permanently employed under the provisions of the Commonwealth Public Service Act 1922-1937" (Regulation 4). This change indicates that the regulation now applies not only to officers but also to individuals who are permanently employed under the Commonwealth Public Service Act.
Under this amendment, the obligations on parties or entities governed by the Civilian Staff Regulations now include adherence to the revised definition of who can be appointed or promoted. This means that appointments and promotions are now applicable to a broader category of personnel, including both officers and permanent public service employees. This broadening of the scope ensures that a wider range of personnel can be considered for certain roles within the defence sector, reflecting changes in employment practices and the integration of public service roles.
Failure to comply with these amended regulations could potentially lead to administrative penalties. Although specific penalties are not detailed in the text, breaches of regulations generally could result in disciplinary actions or other administrative consequences. The exact nature and severity of these penalties would be determined by the Defence Force and in accordance with the Defence Act 1903-1934. The overarching principle is that adherence to these regulations is mandatory to maintain the integrity and efficiency of the defence operations.