Employment of Persons in a Civil Capacity in Connexion with the Department of Defence (Amendment)

Overview

The Statutory Rules 1919 No. 48, enacted by the Governor-General in Council under the Defence Act 1903-1918, address the need to amend regulations governing the employment of civil personnel within the Department of Defence. These regulations, which came into effect on 1 September 1919, were crafted to better align the remuneration and progression opportunities for civil employees within the Defence framework, particularly focusing on clerical staff. The Federal Executive Council, acting on the advice of the Acting Minister of State for Defence, established these amendments to provide flexibility in salary determinations for Senior Assistants and to formalise a structured pathway for their transfer to the Clerical Division through specially arranged examinations. The overarching policy objective is to ensure that personnel performing essential clerical duties within the Defence sector are adequately compensated and have clear career progression opportunities.

Scope and Application

The Statutory Rules 1919, No. 48, made under the Defence Act 1903-1918, outlines amendments to regulations governing the employment of persons in a civil capacity within the Department of Defence. These regulations specifically address the salary adjustments for Senior Assistants performing clerical duties and the establishment of special examinations for their transfer to the Clerical Division. The scope of these regulations applies to employees within the Department of Defence, specifically targeting Senior Assistants and their remuneration and qualifications for clerical roles. The application of these regulations is within the Commonwealth of Australia, as dictated by the federal legislative authority. There are no explicit exclusions or exemptions mentioned in the text, and the amendments do not extend or restrict application through subordinate instruments. The regulations provide specific guidelines on salary increases and the criteria for examination eligibility and seniority, reflecting a structured approach to civil employment within the Defence Department.

Key Provisions

The main operative sections of this legislation introduce amendments to the regulations governing the employment of persons in a civil capacity in connection with the Department of Defence. Regulation 75 is repealed and replaced with a new provision that allows Senior Assistants performing clerical duties, deemed by the Staff Committee to warrant higher pay, to receive a salary not exceeding £210 per annum, subject to the approval of the Secretary. This amendment provides flexibility in remuneration for certain Senior Assistants based on the nature of their duties. Regulation 78 is repealed and regulation 109a is inserted to establish a new process for special examinations for Senior Assistants seeking to transfer to the Clerical Division. These examinations are to be arranged as necessary, but no more than once every twelve months, and are open only to Senior Assistants who have satisfactorily performed clerical duties for at least two years. Regulation 109a further specifies that the examination subjects, rules, marks, and other details will be prescribed by the Minister and published in the Gazette and Military Orders, with successful candidates being eligible for transfer at a salary not less than their previous rate. The Act imposes several obligations on the parties involved. The Secretary must approve any salary exceeding the maximum rate prescribed for Senior Assistants under the new regulation 75. For regulation 109a, the Chief Officer must certify that Senior Assistants have satisfactorily performed clerical duties for a minimum of two years before being eligible to sit for the special examinations. The Minister is tasked with prescribing the subjects, rules, marks, and other details of the examinations, which must then be notified in the Gazette and Military Orders. Additionally, the Staff Committee's opinion on whether clerical duties warrant higher pay is integral to the decision-making process regarding salary adjustments for Senior Assistants. The legislation also outlines the consequences for breach of its provisions. While the text does not explicitly state specific offences or penalties for non-compliance, the regulations are made under the Defence Act 1903-1918, which may encompass broader penalties as provided by that Act. Non-compliance with the approval process for salary adjustments or failure to adhere to the examination requirements could potentially lead to administrative or disciplinary actions as per the overarching Defence Act. It is crucial for all involved parties to adhere to these provisions to ensure the smooth operation of the Department of Defence and the fair treatment of its employees.