Civilian Staff Regulations (Amendment)

Overview

Statutory Rules 1942 No. 120, Regulations under the Defence Act 1903-1941, was enacted to amend the Civilian Staff Regulations in response to the exigencies of World War II. The Regulations, made by the Governor-General in Council, aim to address the immediate needs of the Department of Defence Co-ordination and the Department of the Army by clarifying definitions and updating the regulatory framework to accommodate wartime requirements. This legislative instrument reflects the policy objective to efficiently manage civilian staff within the defence departments, ensuring that the necessary personnel, including returned soldiers and those with specific wartime service qualifications, are appropriately authorised and appointed. The Regulations were designed to provide flexibility and responsiveness to the changing circumstances of the war, ensuring the defence apparatus could operate effectively.

Scope and Application

This legislative instrument pertains to the Defence Act 1903-1941 and involves the amendment of the Civilian Staff Regulations. It applies to persons designated as 'officers' and 'returned soldiers' within the context of civil employment related to the Department of Defence Co-ordination or the Department of the Army. Specifically, 'officer' refers to individuals authorised to be employed in a civil capacity in connection with these departments and appointed by the Governor-General under section sixty-three of the Defence Act. 'Returned soldier' includes those who enlisted before 11 November 1918 and served in any Expeditionary Force with a satisfactory record, along with other specified categories such as members of the Army Medical Corps Nursing Service and those who served in the Naval Forces of the Commonwealth during the war. The regulations also outline the roles of the Minister and the Secretary in relation to these officers and employees. This legislation operates within the Commonwealth jurisdiction, impacting personnel associated with defence-related departments across Australia. The instrument does not specify any exclusions or exemptions but is subject to amendment through subordinate instruments.

Key Provisions

The key operative sections of this statutory instrument are those that define the terms used within the regulation and specify the scope of the regulation itself. Regulation 2, which replaces an earlier regulation, sets out definitions for terms such as "officer", "returned soldier", and "the Act" (section 2). The regulation explicitly repeals the previous regulation and inserts a new one in its place, ensuring that the definitions provided are the ones that apply to the subsequent regulations. The obligations and requirements imposed by this Act are primarily concerned with the employment and appointment of officers within the Department of Defence Co-ordination and the Department of the Army. It mandates that any person employed in a civil capacity in connection with these departments must be authorised and appointed by the Governor-General in accordance with section sixty-three of the Defence Act 1903-1941. This ensures a clear and authorised chain of command and employment process for those working within these departments. Furthermore, the regulation clarifies who is considered a "returned soldier" for the purposes of employment within these departments, including those who served in various capacities during the war and meet specific criteria. There are no explicit offences, penalties, or civil/criminal consequences outlined in the regulation itself. However, breaches of the Defence Act 1903-1941 or any other relevant legislation that this regulation is designed to support could result in penalties as prescribed by those acts. The regulation serves to provide a clear framework for the employment and appointment of officers, ensuring that the terms and definitions are consistent and understood across the departments.