STATUTORY RULES.
1919. No. 104.
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REGULATIONS UNDER THE DEFENCE ACT 1903–1918.
Regulations for the Employment of Persons in a Civil Capacity in connexion with the Department of defence—amendments.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903–1918, to come into operation as from the 1st, day of July, 1918.
Dated this 7th day of May, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Regulations for the Employment of Persons in a Civil Capacity in connexion with the Department of Defence—Amendment.
Repeal regulations 93 to 98 inclusive, and insert the following new regulations:—
93. The Professional Division shall include all officers appointed by the Governor-General to the Professional Division, and shall be divided into classes.
94. (1) Officers in Class A.1 shall be paid such salaries as are approved by the Minister from time to time, and are appropriated by Parliament.
(2) Officers, other than those in Class A.1 shall be classified as under:—
Salary per annum.
| Minimum. | | Maximum |
| £ | | £ |
A.2................ 700 | … | 900 |
B.................. 606 | … | 678 |
C.................. 516 | … | 588 |
D.................. 408 | … | 498 |
E.................. 300 | … | 390 |
F.................. 96 | … | 294 |
(3) Officers in Classes “E” and “F” may be granted, on the approval of the Secretary, annual increments of £18 each, subject to good conduct, diligence, and efficiency.
(4) Officers in Classes “C” and “D” may be awarded increments of £18 each at the discretion of the Minister.
(5) Officers in Class “B” may be awarded increments of £24 each at the discretion of the Minister.
(6) Officers in Class “A.2” may be awarded increments of £100 each at the discretion of the Minister.
(7) Notwithstanding anything in this, regulation, the Minister may grant an officer any salary within the limits of his class, but an officer who has attained the age of twenty-one years shall not be paid less than £138 if unmarried, or £156 per annum if married, provided that seniority shall not be effected by any salary granted merely because of age or marriage.
95. The Governor-General may, upon the recommendation of the Secretary, determine the classification of any officer of the Professional Division, or may promote an officer from one class to a higher class to fill a vacancy or a new position:
Amend regulation 104 by adding the following:—
“Provided that, notwithstanding anything in this regulation the Minister may for special reasons promote an officer to any higher subdivision of his class.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1919, No. 104, represents a legislative instrument enacted by the Governor-General in Council under the Defence Act 1903–1918, specifically targeting amendments to the regulations for the employment of persons in a civil capacity in connection with the Department of Defence. The regulations were designed to come into operation from the 1st day of July, 1918, and were signed by the Governor-General on the 7th day of May, 1919. The policy objective behind these regulations was to establish a structured and systematic approach to the employment and classification of civil officers within the Department of Defence, ensuring that salaries and increments are managed appropriately based on class, performance, and certain personal circumstances.
Scope and Application
The Regulations for the Employment of Persons in a Civil Capacity in connection with the Department of Defence—Amendments, made under the Defence Act 1903–1918, apply to officers within the Professional Division of the Department of Defence. These officers are appointed by the Governor-General and are classified into different salary brackets, with the possibility of annual increments based on their conduct, diligence, and efficiency, as well as the discretion of the Minister or the Secretary. The regulations cover the salary scales and conditions for these officers, with specific minimum and maximum amounts for each class, and outline the circumstances under which salary increments may be granted. The regulations apply on a national level, as they are issued by the Commonwealth government, and come into operation as of the 1st day of July, 1918. These regulations supersede previous regulations 93 to 98 and introduce new provisions concerning the classification and promotion of officers within the Professional Division. The scope of the regulations is further extended or restricted through subordinate instruments, allowing for special promotions and adjustments in salary brackets as needed.
Key Provisions
The Regulations under the Defence Act 1903–1918, detailed in Statutory Rules 1919 No. 104, provide for the employment of individuals in a civil capacity within the Department of Defence. Effective from 1 July 1918, these regulations replace previous regulations 93 to 98 with new provisions concerning the classification and remuneration of officers in the Professional Division. Regulation 93 establishes that the Professional Division comprises all officers appointed by the Governor-General and classifies these officers into various categories based on their roles and responsibilities.
Regulation 94 sets out specific salary brackets for each class within the Professional Division. Class A.1 officers receive salaries approved by the Minister and appropriated by Parliament. Other classes, from A.2 to F, have defined minimum and maximum salary ranges. Additionally, regulation 94(3) to (7) detail the conditions under which officers in Classes E and F may receive annual increments of £18, and officers in Classes C, D, B, and A.2 may receive increments of £18, £24, and £100, respectively, subject to approval by the Secretary or the Minister, and based on good conduct, diligence, and efficiency. Officers must meet certain age and marital status criteria to qualify for minimum salary thresholds, although promotions based on these factors do not affect seniority.
These regulations impose specific obligations on the Department of Defence and the officers within the Professional Division. The Minister is tasked with approving salaries and determining increments for officers, ensuring that these actions are in line with the stipulated criteria and within the approved salary brackets. The Governor-General has the authority to determine officer classifications and promotions, either upon the Secretary’s recommendation or for special reasons as determined by the Minister. This structured approach ensures a transparent and merit-based system for managing officer salaries and classifications.
Violations of these regulations may lead to serious consequences, though specific offences and penalties are not explicitly detailed within the text. However, it can be inferred that failure to adhere to the prescribed salary brackets, classification rules, or increment conditions could result in disciplinary actions or legal repercussions. While the exact penalties are not specified, breaches could potentially lead to administrative penalties, job security issues, or other civil or criminal consequences as interpreted under the broader legal framework of the Defence Act 1903–1918. The precise nature of these consequences would be determined in the context of Australian administrative and employment law.