Civilian Staff Regulations (Amendment)

Overview

The Regulations under the Defence Act 1903-1927, enacted in 1932 by the Governor-General of Australia acting with the advice of the Federal Executive Council, were introduced to address the need for structured leave policies for civilian staff engaged in Defence Force training. This legislative instrument, specifically Statutory Rules 1932, No. 11, aimed to ensure that Defence Force officers and civilian staff could attend necessary training without undue financial hardship, while also maintaining discipline and efficiency within the Defence Force. The policy objective was to provide clear guidelines on the granting of leave for Defence purposes, ensuring that such leave was only granted when absolutely necessary and under specified conditions, including the requirement for officers to submit evidence of necessity and produce certificates of attendance upon completion of their training.

Scope and Application

The Statutory Rules of 1932, No. 11, made under the Defence Act 1903-1927, govern the leave of absence for civilian staff, excluding those employed in government factories. This regulation applies to officers who are members of the Defence Force, Senior Cadets, and officers serving with cadet units, allowing them to take leave for specific Defence Force training and cadet training purposes. The leave is subject to certain conditions, such as the necessity for attendance, duration limits, and restrictions on granting leave for failure to become efficient or while undergoing detention or training for an offence. Civilian staff members who sustain injury or contract illness during training may be granted leave under specific terms, including the payment of compensation or differences in remuneration. This regulation also extends to temporary employees, with leave being granted only until their employment would have otherwise ceased. The regulation does not explicitly state its jurisdictional reach but is likely to apply nationally within the Commonwealth of Australia.

Key Provisions

The main operative sections of the regulation concern leave for Defence purposes, specifically for members of the Defence Force and Cadets, and temporary employees. Section 61 outlines the conditions under which Defence Force officers can be granted leave of absence for training purposes, including the necessity for the training, the maximum period of leave per year, and the payment terms. The regulation allows for deductions from recreation leave or grants the leave without pay, with an adjustment if the officer is paid by the Defence Force during the absence. Section 61(3) extends similar leave provisions to Senior Cadets and officers serving with cadet units. Section 61(4) specifies that leave cannot be granted for training related to inefficiency or disciplinary action. Section 61(5) addresses the granting of leave in cases of injury or illness during training, with conditions based on whether compensation is paid. Section 61(6) applies the leave regulations to temporary employees, with a condition that leave may only be granted until the employee's services are no longer required. The obligations imposed by the Act on the parties include adherence to the leave provisions outlined in Sections 61 and 63. Defence Force officers must submit evidence of the necessity for training when applying for leave and provide a certificate of attendance upon returning from the training. Senior Cadets and officers with cadet units must also submit evidence of the necessity for their training. Temporary employees must ensure that their leave requests do not extend beyond the end of their service. Additionally, the Chief Officer is obligated to assess the necessity of the training, grant leave as per the conditions, and ensure compliance with the payment terms. The Act also requires that officers who sustain injury or contract illness during training report this to the appropriate authorities for consideration of leave under the specified terms. The regulation outlines several consequences for breaches of its provisions. Firstly, any Defence Force officer or cadet who does not comply with the leave conditions or submits false evidence may face disciplinary action within the Defence Force. For temporary employees, failure to adhere to the leave provisions, such as requesting leave beyond the end of their employment, may result in termination of employment without further entitlement to leave. The regulation does not explicitly state civil or criminal penalties, but non-compliance may lead to internal Defence disciplinary measures, which can include fines or other administrative penalties as deemed appropriate by the Defence Force authorities. The maximum penalties for such breaches are not specified within the regulation itself but would be determined by the Defence Force disciplinary process.