STATUTORY RULES
1922. No. 197.
REGULATIONS UNDER THE DEFENCE ACT 1903-18.
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 1903-18, to come into operation forthwith.
Dated this twentieth day of December, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Regulations for the Employment of Persons in a Civil Capacity in Connexion with the Department of Defence.
Amendment.
The Regulations for the employment of Persons in a Civil Capacity in connexion with the Department of Defence are amended by inserting the following regulation next after Regulation l06b.:—
106c. Upon the commencement of this Regulation, persons hitherto employed in the Professional Division, the Clerical Division, or the General Division (Inspection Staff) within the meaning of Regulations for the Conduct and Management of Government Factories, made under the Defence Act 1903-18, shall cease to be subject to those Regulations, and shall become and be deemed to be officers of the Professional Division, Clerical Division and General Division respectively under these Regulations with classification therein corresponding to their previous classification under the Regulations for the Conduct and Management of Government Factories.
The period of service of any such person under the Regulations for the Conduct and Management of Government Factories shall, for the purpose of determining any rights to which he is entitled under these Regulations which are based on the length or nature of his employment under these Regulations, be included as if that period were part of his period of employment under these Regulations.
AFTER Regulation 74 (3), insert new Regulation 74 (4)—
“CLASSIFICATION OF INSPECTION STAFF.
Munitions Supply Board.
74 (4). The Inspection Staff shall be arranged in Grades, as set out in Table ‘A’ in this Regulation-:—
Table ‘A.’ |
Office. | Grade. | Salary | Amount of Increments. |
Minimum. | Maximum. |
|
| | £ | £ | £ |
Assistant Inspector ............... | I. | 354 | 462 | 18 |
Chief Examiner. Proof Master, Officer in Charge, Proof Ground | II. | 252 | 276 | 12 |
Overlooker, Viewers, 1st Class. (Examiner, Small Arms, Ordnance and Carriages) | III. | 210 | 246 | 6 |
Viewer, 2nd Class ............... | IV. | 186 | 204 | 6 |
The minimum and maximum rates shown indicate the limits of pay for each position, and the amount of increment shown is the amount which ordinarily will be granted, but in special circumstances an employee may be paid at any rate of pay within the limits prescribed for his position.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1922 No. 197, made under the Defence Act 1903-18, provides regulations concerning the employment of persons in a civil capacity within the Department of Defence. Enacted by the Governor-General in Council, these regulations seek to amend existing provisions for the conduct and management of government factories. The primary objective of these regulations is to reclassify certain employees from the Professional Division, the Clerical Division, and the General Division (Inspection Staff) under the former regulations to their corresponding divisions under the new regulations, ensuring their classifications remain consistent with their previous roles. Furthermore, the period of service under the old regulations will be recognised for determining rights based on the length or nature of their employment under the new regulations.
Scope and Application
The Regulations under the Defence Act 1903-18, particularly as outlined in Statutory Rules 1922, No. 197, pertain specifically to the employment of persons in civil capacities within the Department of Defence. These regulations amend existing rules to transition individuals previously employed in the Professional, Clerical, and General Divisions (Inspection Staff) from the regulations governing government factories to new classifications under the Defence Act. This change ensures that their service under the previous regulations is recognised in terms of rights and entitlements under the new regulatory framework. Furthermore, the regulations include a detailed classification system for the Inspection Staff, specifying grades, salary ranges, and increments for various positions such as Assistant Inspector, Chief Examiner, and others, providing a structured approach to remuneration based on the roles within the Department of Defence.
Key Provisions
The main operative sections of this legislation pertain to the employment of certain personnel within the Department of Defence. Regulation 106c stipulates that individuals previously employed in the Professional Division, the Clerical Division, or the General Division (Inspection Staff) under the Regulations for the Conduct and Management of Government Factories will no longer be governed by those regulations. Instead, they will be considered officers of the Professional Division, Clerical Division, and General Division respectively, under these new regulations, with their classification corresponding to their previous positions (Reg. 106c). This change also extends to their period of service, which will be included in determining any rights they may have under the new regulations (Reg. 106c).
Furthermore, Regulation 74(4) introduces a new classification for the Inspection Staff, arranging them into Grades as outlined in Table 'A' of the regulation. This table details the office titles, corresponding grades, and the minimum and maximum salary rates, along with the amount of increments that will ordinarily be granted for each position. The regulation clarifies that while the increments shown are standard, in exceptional circumstances, an employee may receive a salary within the prescribed limits for their position (Reg. 74(4)).
The obligations and requirements imposed by these regulations include the reassignment and reclassification of specific personnel from their previous roles under the Regulations for the Conduct and Management of Government Factories to the newly established positions within the Department of Defence. These individuals must now adhere to the new regulations governing their employment, including the specified classification and salary structures. Additionally, the Inspection Staff must be organized according to the new grade system, ensuring that their roles and remuneration align with the outlined categories.
The legislation does not explicitly outline offences, penalties, or consequences for breach. However, it is implied that any deviation from the stipulated classifications and salary rates could result in non-compliance with the new regulations. While specific penalties are not mentioned in the text, breaches of employment regulations typically attract administrative or disciplinary actions under Australian law. It is also possible that non-compliance could lead to legal action, depending on the nature and severity of the breach.