Defence Force (Salaries) Regulations (Amendment)

Overview

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369, issued under the authority of the Minister of State for Defence Support, amend the Supply and Development Regulations 1939 to introduce a "No Work as Directed - No Pay" provision. This amendment was enacted to address a gap in the existing legislation that did not account for situations where employees under the Act might be directed to undertake work but choose not to, thus necessitating a policy to handle such scenarios. The proposed changes are intended to provide clarity and consistency with similar provisions in other Acts, such as Section 32A of the Public Service Act 1922. The policy objective behind these amendments is to ensure that employment terms and conditions are clearly defined and enforced, maintaining fairness and accountability within the workforce employed under the Act.

Scope and Application

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369 amends the Supply and Development Regulations 1939 to provide for a "No Work as Directed - No Pay" provision for persons employed under the Supply and Development Act 1939. This amendment allows the Secretary, defined as the holder of the office under the Public Service Act of Permanent Head of the Department, to enforce this provision. The amendment aims to align the Act with similar provisions in other legislation, such as Section 32A of the Public Service Act 1922. The amendment also includes several minor drafting changes to existing regulations. The proposed amendment applies to persons employed under the Act, and the power to enforce the "No Work as Directed - No Pay" provision is vested in the Secretary. The amendment extends to the Commonwealth of Australia, and there are no stated exclusions or exemptions. The amendment is made under the authority of Section 27 of the Supply and Development Act 1939, which provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Key Provisions

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369 introduce significant amendments to the existing regulatory framework under the Supply and Development Act 1939. The primary focus of these amendments is to introduce a "No Work As Directed - No Pay" provision (Regulation 65A) for employees engaged under the Act, thereby aligning with the power available under Section 32A of the Public Service Act 1922. This new regulation aims to provide a mechanism whereby employees will not be compensated for work that is not performed as directed, effectively preventing them from being paid when they do not comply with work directives. These amendments impose specific obligations on the parties involved, particularly on the Secretary who is vested with the power to enforce the "No Work As Directed - No Pay" provision. This enforcement power entails ensuring that employees understand their obligations under the new regulation and that they are aware of the consequences of not performing work as directed. Additionally, the amendments require the Secretary to implement necessary administrative changes to existing Regulations (Regulations 2, 3, 4, and 5), which involve modifying the definitions and consequential adjustments to existing provisions to accommodate the new regulation. The implications of non-compliance with these regulations are significant. While the explanatory statement does not detail specific criminal or civil penalties, it is clear that breach of the "No Work As Directed - No Pay" provision could result in employees not receiving payment for work that is not performed as directed. The severity of the consequences would depend on the specific circumstances of the breach and any relevant internal policies or agreements that govern employment under the Act. The enforcement of these regulations is intended to maintain discipline and ensure that employees adhere to their work directives, thereby contributing to the efficient operation of activities under the Supply and Development Act 1939.