STATUTORY RULES.
1912. No. 87.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911
Regulations 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—Addition— Regulation 103.
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 Regulation under the Defence Act 1903-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this eighth day of May, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
The Regulations 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, being Statutory Rules 1911, No. 66, are amended by inserting therein, the following Regulation:—
Incapacity of Officers.
103. If an officer appears to the Minister, after a report from the Secretary, to be unfit to discharge, or incapable of discharging, the duties of his office efficiently, the Minister may refer the question to a Board of Inquiry to be constituted as specified in Regulation 90; and if such Board finds that such officer is unfit to discharge, or incapable of discharging, the duties of his office, the Governor-General may, on the recommendation of the Minister, deal with such officer either by calling upon such officer to retire from the Commonwealth Service, or by transferring him to some other position; and every such officer, if called upon to retire, shall retire accordingly.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State at Victoria.
C.5874 —Price 3d.
Overview
The Statutory Rules 1912 No. 87, Provisional Regulations under the Defence Act 1903-1911, was enacted to address the urgent need for regulations governing the conduct and management of government factories and the employment of personnel within this framework. This legislative instrument was introduced to provide a structured approach to handling cases where officers were deemed unfit or incapable of fulfilling their duties efficiently. The regulations were designed to ensure that such cases were reviewed thoroughly and managed in a manner consistent with the overarching objectives of the Defence Acts. Enacted by the Governor-General in Council, the primary policy objective of these regulations was to maintain the operational integrity and efficiency of government factories by establishing a clear process for assessing and addressing the fitness of officers in positions of responsibility.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911 apply to officers within government factories, as established under Section 63, Sub-sections (1) and (2) of the Defence Acts. These regulations govern the conduct and management of these factories and the employment of persons within them. Specifically, they address the process for determining the fitness of officers to discharge their duties. If an officer is deemed unfit by the Minister, following a report from the Secretary, a Board of Inquiry can be convened. If the Board concludes that the officer is unfit, the Governor-General may take action, on the Minister's recommendation, which may involve the officer being required to retire or being transferred to another position. These regulations have a national reach, as they pertain to the Commonwealth of Australia and are overseen by the federal government. There are no stated exclusions, exemptions, or thresholds specified in the regulations themselves; however, further details or modifications may be introduced through subordinate instruments.
Key Provisions
The main operative sections of this legislation pertain to the management and conduct of government factories, as well as the employment of personnel, under Section 63 of the Defence Act 1903-1911 (subsections 1 and 2). Specifically, Regulation 103 addresses the incapacity of officers. If an officer is deemed unfit to perform their duties by the Minister, following a report from the Secretary, the Minister can refer the matter to a Board of Inquiry as specified in Regulation 90 (Section 103). Should this Board find the officer unfit, the Governor-General can take action on the Minister’s recommendation, either by requiring the officer to retire from the Commonwealth Service or by transferring them to another position. If the officer is asked to retire, they must do so.
The Act imposes several obligations on the parties involved. The Minister has the responsibility to assess whether an officer is unfit to discharge their duties, based on a report from the Secretary. The Board of Inquiry, constituted as outlined in Regulation 90, must then investigate and report back on the officer’s fitness. The Governor-General must act on the Minister's recommendation, ensuring that the appropriate action is taken if the officer is found to be unfit. Furthermore, the officer themselves must comply with any directive to retire or be transferred.
Failure to comply with the provisions of this legislation can result in various consequences. While the specific nature of these consequences is not detailed within the text, it is implied that not adhering to the recommendations or directives could lead to administrative or disciplinary actions. The exact nature of these consequences would likely be determined by the Minister or other relevant authorities in accordance with existing laws and regulations. Penalties for non-compliance may include further investigation, disciplinary measures, or even legal action, depending on the severity and context of the breach.