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

Overview

The Statutory Rules 1922 No. 195, made under the Defence Act 1903-1918, were enacted to address the need for specific regulations concerning the employment of individuals in a civil capacity within the Department of Defence. This legislative instrument, which came into operation on 3 December 1921, was introduced by the Governor-General in Council, reflecting the Commonwealth's intent to provide clear guidelines for the allowances applicable to officers working outside their usual state capitals. The primary policy objective, as reflected in the amendment to Regulation 36, was to adjust the scale of allowances for officers temporarily stationed in state capitals other than their own, ensuring fair compensation during their service period, which was capped at twenty-eight days. This regulation underscores the Commonwealth's commitment to maintaining equitable conditions for Defence personnel engaged in civil roles.

Scope and Application

The Statutory Rules 1922 No. 195 amends the Regulations for the Employment of Persons in a Civil Capacity in Connection with the Department of Defence, establishing a specific allowance for officers who are on duty in a capital city other than their usual place of residence. This regulation applies to officers employed in a civil capacity within the Department of Defence, extending to those who are temporarily stationed in a capital city outside of their home state. The amendment is effective from 3rd December 1921 and is applicable across the Commonwealth of Australia, thus impacting all states and territories. The allowance increase is limited to a period of twenty-eight days, ensuring that the financial support is temporary and proportionate to the duration of the officer's deployment in a different state capital. The regulation does not specify exclusions or exemptions, and its application is limited to the conditions outlined, without broader implications for other entities or industries outside the scope of civil employment in the Department of Defence.

Key Provisions

The principal sections of these regulations, particularly the amended Regulation 36, pertain to the allowances for officers employed in a civil capacity in connection with the Department of Defence. Specifically, Regulation 36 now includes a provision (Regulation 36(1)) that allows for an increase in the scale of allowances by one-fifth when an officer is on duty in a capital city of a state other than the one in which they ordinarily reside. However, this increase in allowance is contingent upon the officer being on duty for no more than twenty-eight days (Regulation 36(2)). The regulations impose obligations on the Department of Defence and the officers concerned. The Department must ensure that officers who are stationed in a capital city other than their usual place of residence are provided with the increased allowance as per Regulation 36(1). Officers, in turn, must comply with the conditions outlined in the regulations to be eligible for the increased allowance. They need to be on duty in the specified conditions and for the specified duration to qualify for the financial increment (Regulation 36(2)). Breaching these regulations could lead to serious consequences, although the specific nature of these breaches and their associated penalties are not detailed within the provided text. However, given the nature of statutory regulations under the Defence Act 1903-1918, it can be inferred that non-compliance could result in disciplinary actions, financial penalties, or other administrative sanctions. The exact penalties would depend on the specific breach and the severity of the non-compliance, but they could potentially include fines or other civil or criminal penalties as deemed appropriate by the relevant authorities.