STATUTORY RULES.
1912. No. 90.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Regulations (Provisional) for the Conduct and Management of Government Factories and the Employment of Persons under Section 63, Sub-sections (1) and (2) of the Defence Acts—Amendments to Regulations 45 to 51 inclusive—Addition of Regulation 51a.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903-1911 should come into operation on the First day of May, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this Eighth day of May, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE CONDUCT AND MANAGEMENT OF GOVERNMENT FACTORIES AND THE EMPLOYMENT OF PERSONS UNDER SECTION 63, SUB-SECTIONS (1) AND (2) OF THE DEFENCE ACTS.
In Regulations 45 to 51 inclusive—
For the heading—
“Leave of absence on ground of illness or injury”
read:—
“Leave of absence to officers on ground of illness or injury.”
Delete the words:—
“or employé” wherever they occur.
After Regulation 51 add new Regulation 51a—
“Leave of absence to employés on ground of illness due to an injury sustained in the discharge of duty.”
51a. Leave of absence may be granted to an employé in case of illness due to an injury sustained in the discharge of duty on the scales laid down in Regulations 45 (2), 46, and under the conditions specified in Regulations 45 to 51 inclusive.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.5877.—Price 3d.
Overview
The Statutory Rules 1912 No. 90, Provisional Regulations under the Defence Act 1903-1911, were enacted to amend the regulations governing the conduct and management of government factories and the employment of personnel. These regulations address the need to provide specific provisions for leave of absence to officers and employés in cases of illness or injury, particularly where the illness arises from an injury sustained in the course of duty. The regulations were enacted by the Governor-General in Council under the authority of the Defence Act 1903-1911, reflecting the urgency to provide clear guidelines in the management of government factories during a period of heightened national security concerns. The policy objective behind these regulations was to ensure that there were adequate provisions for the health and well-being of personnel employed in these critical government operations, while maintaining the efficiency and productivity of the factories.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911 apply specifically to the conduct and management of government factories as well as the employment of persons within these facilities. The regulations are designed to address the leave of absence for officers and employés, with a particular focus on illness or injury sustained in the discharge of duty. These regulations are applicable to all individuals employed in government factories, ensuring that they adhere to the prescribed conditions and scales for leave as outlined in the amended provisions. The scope of the regulations is national, as they are issued under the Commonwealth of Australia, thereby extending their applicability across the entire country. There are no specific exclusions mentioned in the text, though the regulations may be subject to further amendments or clarifications through subordinate instruments as needed.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1911 primarily address the conduct and management of government factories and the employment of personnel in such settings. Section 1 of the regulations amends Regulations 45 to 51, altering the heading of Regulation 45 from "Leave of absence on ground of illness or injury" to "Leave of absence to officers on ground of illness or injury" (Reg. 45). Furthermore, the term "or employé" is removed from various sections to clarify that the leave provisions specifically apply to officers. A new Regulation 51a is introduced, allowing for "Leave of absence to employés on ground of illness due to an injury sustained in the discharge of duty" (Reg. 51a). This leave can be granted according to the scales outlined in Regulation 45(2), 46, and under the same conditions specified in Regulations 45 to 51 inclusive.
The Act imposes obligations on both officers and employés within government factories. Officers are entitled to leave under the amended Regulation 45, provided they meet the specified conditions related to illness or injury. Similarly, employés can be granted leave under the new Regulation 51a if their illness results from an injury sustained while performing their duties, again subject to the conditions set out in Regulations 45 to 51 inclusive. These conditions may include requirements such as the submission of medical certificates and adherence to procedures for reporting absence and seeking leave.
In terms of consequences for breach, the statutory rules do not explicitly outline offences, penalties, or consequences for non-compliance with the regulations. However, it can be inferred that failure to adhere to the stipulated conditions for leave could result in disciplinary action or other administrative measures as deemed appropriate by the relevant authorities. The regulations themselves focus on the procedural aspects of leave and employment conditions, with the primary aim of ensuring orderly and fair management within government factories.