Civilian Staff Regulations (Amendment)

Overview

Statutory Rules 1939 No. 172, enacted under the Defence Act 1903-1939, was created to address the need for regulatory amendments concerning civilian staff within the Department of Defence Co-ordination and the Department of the Army. The regulations were introduced to streamline the administrative framework governing civilian employees in these departments, particularly in light of the changing dynamics of the Second World War. The regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination, with the overarching objective to ensure that the civilian staff regulations are up-to-date and reflect the current needs of the defence services. The policy objective behind these regulations was to provide clarity and consistency in the administration of civilian staff within the defence departments.

Scope and Application

The regulations under the Defence Act 1903-1939 pertain specifically to the civilian staff employed by the Department of Defence Co-ordination and the Department of the Army. These regulations govern the appointment, duties, and conditions of service for officers who are employed in a permanent capacity by these departments and are appointed by the Governor-General. Additionally, the regulations clarify the definition of a "Returned Soldier," encompassing individuals who enlisted before November 11, 1918, and served in any Expeditionary Force during the war, including those in the Army Medical Corps Nursing Service, the Naval Forces of the Commonwealth, and radio telegraphists in the transport service in the zone of war. This regulation applies nationally across Australia and is applicable to all civilian staff within the specified departments. The scope of these regulations is further defined and modified through the subordinate instruments which amend existing civilian staff regulations and redefine certain terms within the context of the Defence Act.

Key Provisions

The main operative sections of these Regulations, which are made under the Defence Act 1903-1939, include the repeal and replacement of Regulation 2 of the Civilian Staff Regulations (section 1), as well as an amendment to Civilian Staff Regulation 117a by the deletion of Table “B” (Naval) (section 3). The Regulations define key terms such as “The Act,” “Minister,” “Secretary” or “Chief Officer,” “Officer,” and “Returned Soldier” (section 2). They also provide a comprehensive definition of who qualifies as a “Returned Soldier,” including various categories of military and naval personnel who served during the war (section 2(d)). These Regulations impose several obligations and requirements on the parties they govern. For instance, they establish a clear framework for the definition and roles of key personnel within the Department of Defence Co-ordination and the Department of the Army, ensuring that terms such as "Officer" and "Returned Soldier" are precisely defined (section 2). Additionally, the deletion of Table “B” (Naval) from Civilian Staff Regulation 117a (section 3) indicates a streamlining or updating of the administrative structure related to naval forces, likely reflecting changes in operational needs or organisational restructuring. There are no explicit provisions within these Regulations that outline specific offences, penalties, or civil/criminal consequences for breach. However, the precise definitions and regulatory adjustments made under the Defence Act 1903-1939 suggest that adherence to these Regulations is critical for maintaining the operational integrity and legal framework of the defence departments. Failure to comply with these Regulations could potentially lead to administrative or disciplinary actions within the defence departments, though the exact consequences would be governed by the broader Defence Act 1903-1939 and other relevant legislation.