STATUTORY RULES.
1932. No. 37.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
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 1903-1927, to come into operation as from 3rd March, 1932.
Dated this twelfth day of April, 1932.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
JOS. FRANCIS
for Minister of State for Defence.
Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.
(Statutory Rules 1926, No. 209, as amended to date.)
Amendments.
The Civilian Staff Regulations are amended as follows:—
Delete regulation 108 and insert in lieu thereof the following:—
“108. Temporary employees shall be paid the rate of wages appropriate to the trade or calling in which employed:
Provided that where no statutory rate exists the Chief Officer shall recommend, and the Secretary will prescribe the wages to be paid:
Provided further that the Secretary may, under special circumstances, prescribe special rates of wages, allowances, or privileges, for temporary employees.”
Delete regulations 130 and 130a, and insert the following new regulation:—
“Application of Determinations under Arbitration (Public Service) Act.
130. Where, in any determination under the Arbitration (Public Service) Act 1920-1929, rates of pay or conditions of employment are prescribed in relation to any officer or class of officers, or employee or class of employees, those rates of pay or conditions of employment, or any of those rates or conditions, may be applied to any other officer or class of officers, or employee or class of employees, as the Secretary determines.”
By Authority: H. J. Green, Government Printer, Canberra.
782.—Price 3d.
Overview
The Statutory Rules 1932, No. 37, Regulations under the Defence Act 1903-1927, were enacted to amend the Civilian Staff Regulations concerning the payment of wages to temporary employees within the Defence sector. This legislative instrument, issued under the authority of the Governor-General and the Federal Executive Council, was designed to address discrepancies and provide a more flexible approach to wage determinations for temporary employees in the Defence sector. The objective was to streamline the application of pay rates and conditions as set out in the Arbitration (Public Service) Act 1920-1929, ensuring consistency and fairness in the wages and employment conditions of civilian staff within the Defence framework.
The regulations reflect a policy objective to adapt and modernise the compensation structures for civilian Defence staff, ensuring that they are in line with broader public service standards and arbitration determinations. By authorising the Secretary to prescribe wages and conditions where statutory rates do not exist, or under special circumstances, the Regulations aim to provide a robust and adaptable framework that meets the operational needs of the Defence sector while maintaining equitable treatment for its civilian employees.
Scope and Application
The Regulations for Civilian Staff (Other than Government Factories) under the Defence Act 1903-1927, which were amended by these Statutory Rules, apply to temporary civilian employees who are engaged by the Department of Defence. These Regulations determine the rates of wages and conditions of employment for such staff. Notably, the regulations specify that temporary employees are to be paid the appropriate rate for their trade or calling, with provisions for the Chief Officer and the Secretary to recommend or prescribe wages if no statutory rate exists. The Regulations also allow for the application of determinations made under the Arbitration (Public Service) Act 1920-1929 to other officers or classes of officers and employees, enabling a flexible approach to the application of pay rates and employment conditions across the civilian staff. These regulations are applicable within the Commonwealth of Australia and are enforced by the Secretary, who has the authority to make special provisions under extraordinary circumstances.
Key Provisions
The key operative sections of the Regulations under the Defence Act 1903-1927 pertain to the wages and conditions for temporary employees. Specifically, Regulation 108 requires that temporary employees are to be paid wages appropriate to their trade or calling. If no statutory rate exists, the Chief Officer must recommend and the Secretary prescribe the wages to be paid. Additionally, under special circumstances, the Secretary may prescribe special rates of wages, allowances, or privileges for temporary employees. Regulation 130 allows for the application of determinations made under the Arbitration (Public Service) Act 1920-1929. This means that if a determination prescribes rates of pay or conditions of employment for any officer or employee, these rates or conditions may be applied to other officers or employees as determined by the Secretary.
These Regulations impose specific obligations on the Secretary and the Chief Officer. The Secretary is tasked with prescribing wages for temporary employees where no statutory rate exists, and may also prescribe special rates, allowances, or privileges under special circumstances. Furthermore, the Secretary has the authority to apply determinations made under the Arbitration (Public Service) Act 1920-1929 to other officers or employees as they see fit. The Chief Officer, on the other hand, is required to recommend wages for temporary employees when no statutory rate is available.
Breaches of these Regulations may not explicitly outline specific offences, penalties, or consequences within the text. However, the overarching Defence Act 1903-1927 and related Acts would provide the framework for addressing non-compliance. Typically, such breaches could result in administrative penalties, corrective actions, or other legal consequences depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the relevant legislative provisions and judicial interpretation.