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

Overview

The Statutory Rules 1922 No. 68, issued under the Defence Act 1903-18, was enacted to provide amendments to the regulations concerning the employment of persons in a civil capacity within the Department of Defence. The problem or gap this legislation aimed to address was the need to update and refine the existing regulations to ensure that the Department of Defence could effectively manage its civilian staff. The enacting body was the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, as per the authority granted by the Defence Act 1903-18. The policy objective of this regulation was to establish clear guidelines and salary increments for civilian staff roles, specifically adding a new role, that of Inquiry Officer, within the existing framework. This was to be achieved by amending the Civilian Staff Regulation 74, Table “B,” to include the new role and associated salary details.

Scope and Application

The Regulation under the Defence Act 1903-18 pertains specifically to the employment of individuals in a civil capacity in connection with the Department of Defence. This legislation applies to those individuals who are employed in various roles within the Department of Defence, thereby establishing the parameters and conditions of their employment. The regulation sets forth detailed provisions concerning the grades, salaries, and increments for these civil employees, as exemplified by the amendment of Civilian Staff Regulation 74. Geographically, this regulation applies across the Commonwealth of Australia, as it is enacted under the Defence Act, which is a federal statute. There are no stated exclusions or exemptions within the provided excerpt, but it is likely that certain roles or positions may be excluded based on the broader context of the Defence Act and associated regulations. The application of this regulation is further extended and detailed through subordinate instruments, which may provide additional specifications and clarifications to supplement the primary statutory framework.

Key Provisions

The legislative instrument, Statutory Rules 1922, No. 68, amends Regulation 74 of the Civilian Staff Regulations under the Defence Act 1903-18. Specifically, it introduces a new role, "Inquiry Officer," with defined salary brackets and increments (Section 63). The minimum salary for an Inquiry Officer is set at £252, while the maximum is £276, indicating the grade of the position is IV. These regulations impose obligations on the Department of Defence to adhere to the specified salary scales and increments for Inquiry Officers. This includes ensuring that any appointments to this role are made in accordance with the stipulated criteria and that the remuneration provided aligns with the defined financial parameters. The Department must also ensure that all employment practices and conditions for Inquiry Officers comply with the civilian staff regulations, including those related to recruitment, performance evaluations, and professional development. Failure to comply with these regulations may result in administrative or legal consequences. While the specific penalties are not detailed in the instrument, breaches of employment regulations can typically lead to disciplinary action, financial penalties, or legal proceedings depending on the severity and nature of the breach. The Department of Defence may also face reputational damage and loss of trust from both employees and stakeholders if they are found to be non-compliant with these regulations.