Civilian Staff Regulations (Amendment)

Legislation au C1941L00166 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 166.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this sixteenth day of July, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for the Army.

 

Amendments of the Civilian Staff Regulations.†

1.—(1.) Regulation 61 of the Civilian Staff Regulations is repealed and the following regulation inserted in its stead:—

“Leave for war service.

61.—(1.) Leave of absence for such period or periods as the Chief Officer, having regard to the circumstances of any particular case or class of cases, directs may be granted to any officer who, in time of war—

(a) is appointed to, enlisted in or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, the United Kingdom or any other part of the King’s dominions; or

(b) is permitted by the Minister to engage in work or employment other than the duties of his office or offices under the Commonwealth, if, in the opinion of the Minister, that work or employment is necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth or the efficient prosecution of the war.

“(2.) Subject to the next succeeding sub-regulation, leave of absence granted under this regulation shall be without pay.

 

* Notified in the Commonwealth Gazette on , 1941.

† 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; 1939, Nos. 13, 18 and 172; and 1941, No.

3788.—18/19.6.1941.—Price 3d.


“(3.) An officer who is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, and is granted leave of absence under the provisions of this regulation may, if his pay as a member of the Forces in respect of the first sixteen calendar days of leave so granted is less than his pay as an officer, be paid an amount equal to the difference:

Provided that this sub-regulation shall not be construed to authorize more than one payment to any officer of any such amount.

“(4.) The period during which any officer is absent on leave granted pursuant to this regulation shall for all purposes be included as part of the officer’s period of service.

“(5.) An employee who, in time of war, is appointed to, enlisted in, or called up for duty or service, or serves, in the Naval, Military or Air Forces of the Commonwealth, may be granted leave of absence on the same terms and conditions as are applicable to an officer:

Provided that leave shall not be granted to any such employee beyond the date on which his services would, but for that leave, have been terminated.

“(6.) In this regulation—

(a) the expression ‘pay as an officer’ includes such emoluments as the Chief Officer determines; and

(b) the expressions ‘time of war’ and ‘war’ shall have the same meanings as those expressions have in the Defence Act 1903-1941.”.

(2.) If at any time during the period from the second day of September, 1939, to the date upon which this regulation comes into operation, any officer or employee was granted leave in respect of war service or paid any amount in respect thereof, the period of leave granted and the amount paid shall be adjusted to conform with the period of leave which may be granted and the amount which may be paid in accordance with the Civilian Staff Regulations, as amended by this regulation.

Repeal of regulation 63.

2. Regulation 63 of the Civilian Staff Regulations is repealed.

Offences by officers.

3. Regulation 128 of the Civilian Staff Regulations is amended by inserting, after paragraph (a) of sub-regulation (1.), the following paragraph:—

“(aa) doing or saying anything in violation of the oath or affirmation made and subscribed by him in the form in regulation 123 of these Regulations; or”.

4. After regulation 129 of the Civilian Staff Regulations the following regulation is inserted:—

“Termination of appointment or employment in certain circumstances.

129a. If the Minister, after inquiry, is of opinion that the continuance of any officer or employee in the employ of the Department is detrimental to the public safety or the defence of the Commonwealth, he may terminate the appointment or employment of the officer or employee and the officer or employee shall thereupon cease to be employed by the Department.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1941 No. 166, made under the Defence Act 1903-1941, was enacted by the Governor-General in Council to address the need for specific regulations governing the leave of civilian officers and employees during wartime. This legislative instrument aims to streamline and formalise the process for granting leave to civilian personnel who are either enlisted in or required to serve in the Naval, Military, or Air Forces of the Commonwealth, the United Kingdom, or other parts of the King's dominions. The regulations also address the financial implications of such leave and ensure that the period of leave is considered part of the officer's service. Furthermore, the regulations allow for the termination of appointments or employment of officers or employees deemed detrimental to public safety or defence, thereby providing a legal framework for managing civilian staff during wartime.

Scope and Application

The Statutory Rules 1941 No. 166, made under the Defence Act 1903-1941, amend the Civilian Staff Regulations to address leave entitlements for officers and employees during times of war. Specifically, the regulations grant leave of absence for officers and employees who are appointed to, enlisted in, or called up for duty or service in the Naval, Military, or Air Forces of the Commonwealth or any other part of the King’s dominions, or who are permitted by the Minister to engage in work necessary or expedient for securing public safety, the defence of the Commonwealth, or the efficient prosecution of the war. This leave is granted without pay, though officers may receive compensation if their military pay is less than their civilian pay for the first sixteen days of leave. The amendments also provide for the termination of employment if it is deemed detrimental to the public safety or defence of the Commonwealth. These regulations apply to officers and employees of the Department, as defined under the Civilian Staff Regulations, and their application is restricted to the Commonwealth of Australia.

Key Provisions

These regulations, made under the Defence Act 1903-1941, primarily amend the Civilian Staff Regulations to address leave and employment provisions during wartime. Section 1 of the regulations replaces Regulation 61 of the Civilian Staff Regulations to allow officers and employees to be granted leave of absence for periods deemed necessary by the Chief Officer during wartime. This leave can be granted for officers and employees who are either enlisted in the armed forces or who are engaged in work necessary for national defence or the war effort, as determined by the Minister. Importantly, this leave is generally granted without pay (Section 1(1), 1(2)). However, officers who are paid less in the armed forces than they were as civilians for the first sixteen days of their leave may receive the difference in pay from the Commonwealth (Section 1(3)). Additionally, the leave granted must be counted as part of the officer's service period (Section 1(4)), and employees may also be granted leave under the same terms, except that it cannot extend beyond the termination date of their employment (Section 1(5)). Section 1 also mandates the adjustment of any previously granted wartime leave and payments to conform with these new regulations. Under these regulations, officers and employees are subject to specific obligations, particularly concerning their conduct and employment status during wartime. Officers must adhere to the terms of their oath or affirmation as stipulated in Regulation 123, and any violation can be grounds for disciplinary action (Section 3). Additionally, the Minister has the authority to terminate an officer's or employee's appointment if it is deemed detrimental to public safety or national defence (Section 4). This power to terminate employment is subject to an inquiry by the Minister and provides a safeguard against potential security risks. The regulations also outline potential penalties and consequences for breaches of the provisions. Specifically, Regulation 128 is amended to include the violation of the oath or affirmation as an offence (Section 3). Furthermore, any officer or employee whose continued employment is found to be detrimental to public safety or national defence can be terminated by the Minister (Section 4). While the exact penalties for these offences are not detailed in the provided text, such breaches likely result in termination of employment and potentially further disciplinary action as deemed appropriate by the Minister.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.