Civilian Staff Regulations (Amendment)

Overview

Statutory Rules 1931, No. 15, made under the Defence Act 1903-1927, were enacted by the Governor-General of the Commonwealth of Australia, Isaac Isaacs, with advice from the Federal Executive Council. These regulations, effective from 5 February 1931, address the administration and conditions of service for civilian staff, particularly those at the Royal Military College. The primary aim of these regulations is to provide a structured framework for the employment and management of civilian teaching staff at the College, ensuring their integration under the Defence Act and establishing clear terms of service, remuneration, appointment processes, and retirement conditions. This legislative instrument reflects the policy objective to standardise and formalise the employment practices for civilian staff within the Defence framework.

Scope and Application

The Statutory Rules of 1931, No. 15, made under the Defence Act 1903-1927, outline specific regulations concerning the Civilian Staff, including Civil Teaching Staff at the Royal Military College, with effect from 5th February 1931. These regulations apply to members of the Civil Teaching Staff who were previously governed by the Regulations for the Royal Military College of Australia, thereby altering their employment terms under the new regulations. This transition includes the recognition of their prior service for length of service purposes and sets specific conditions for their appointment, remuneration, probationary period, resignation notice, retirement age, and leave of absence. The regulations are enforced by the Commonwealth of Australia and govern the conduct and transactions related to the employment of civilian teaching staff within the Defence Act framework. Notably, the salary of these staff members is set at £650 per annum inclusive of all allowances except travel, and appointments are made by the Governor-General on the Secretary’s recommendation, with certain conditions and certifications required for appointments and continued service beyond the statutory retirement age.

Key Provisions

The main operative sections of these regulations pertain to the terms and conditions of employment for members of the Civil Teaching Staff at the Royal Military College (RMC). Specifically, these provisions alter the existing employment framework, effective from the date of commencement of these regulations. Regulation 119a specifies that these civil teaching staff members will no longer be governed by the previous regulations applicable to the Royal Military College of Australia but will instead be subject to the new regulations (Regulation 119a). Furthermore, any previous service under the old regulations will be recognised and counted towards their service under the new regulations (Regulation 119b). The salary for members of the Civil Teaching Staff is set at £650 per annum, inclusive of all allowances except for travelling allowances (Regulation 119c(1)). Appointments are made by the Governor-General, based on the recommendation of the Secretary, with the exception of appointments from the Professorial Staff of the Royal Australian Naval College, which are subject to a twelve-month probationary period (Regulation 119c(2)-(3)). Resignations require six months' written notice to the Chief Officer (Regulation 119c(4)), and the retirement age is set at 60, with the possibility of an extension up to age 62, subject to approval by the Governor-General (Regulation 119c(5)). Members may also receive leave of absence during the suspension of ordinary academic studies if deemed unnecessary by the Chief Officer (Regulation 119c(6)). The regulations impose several obligations on the parties involved. Firstly, the Governor-General is responsible for appointing members of the Civil Teaching Staff, except for those coming from the Professorial Staff of the Royal Australian Naval College, who must undergo a probationary period. The Chief Officer has the authority to certify the efficiency and capability of staff members who are applying for an extension beyond the retirement age of 60. Additionally, the Chief Officer has the discretion to grant leave of absence to staff members during periods when ordinary academic studies are suspended. The regulations also necessitate that the Secretary provides recommendations to the Governor-General for appointments to the Civil Teaching Staff. Breach of these regulations may lead to various consequences. Although the specific penalties for non-compliance are not detailed in the text, it is reasonable to infer that failure to adhere to the stipulated terms of employment, such as not completing the probationary period or not providing the requisite notice for resignation, could result in disciplinary action or termination of employment. The regulations do not explicitly mention penalties for non-compliance, but it is understood that breaches of employment terms can lead to civil or administrative consequences as per standard employment law practices.