STATUTORY RULES.
1922. No. 100.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1918, to come into operation forthwith.
Dated this fifth day of July, 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.
Sub-regulation (1) of regulation 52 is amended to read:—
(1) The Governor-General may, upon the recommendation of the Secretary, grant to any officer or employee of satisfactory and continuous service who is not eligible for the furlough prescribed in regulation 51, prior to his retirement on or subsequent to his attaining the age of sixty years, leave of absence with full pay as follows:—
Service of 16 years and under 20 years | ................... | 5 months. |
„ | „ | 12 | „ | „ | „ | 16 | „ | ................... | 4 | „ |
„ | „ | 8 | „ | „ | „ | 12 | „ | ................... | 3 | „ |
„ | „ | 4 | „ | „ | „ | 8 | „ | ................... | 2 | „ |
Service of less than 4 years........................... | 1 month. |
The following sub-regulation is added to Civilian Staff regulation 52:—
(3) Officers and employees permanently employed who retire voluntarily or compulsorily in pursuance of the decision of the Government to re-organize and retrench the Department of Defence may, notwithstanding that they have not reached the age for retirement, be paid, on the approval of the Governor-General, the sum equivalent to the pay for the period of leave for which they would be eligible under sub-regulation (1) of this regulation had they reached the age of sixty years at the date of termination of appointment.
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 1922 No. 100, enacted by the Governor-General in Council under the Defence Act 1903-1918, was introduced to address the need for regulations governing the employment of civilian personnel in connection with the Department of Defence. The regulations were developed to amend the leave entitlements of civilian officers and employees in the Defence Department, particularly those who are not eligible for furlough and are approaching or have attained the age of sixty years. This legislative instrument was designed to provide clarity and fairness in the leave entitlements for employees who are retiring, either voluntarily or as a result of a government decision to reorganise and retrench the Department of Defence. The policy objective behind these regulations is to ensure that civilian officers and employees receive appropriate compensation for their service, aligning with their years of employment and the circumstances of their retirement.
Scope and Application
The Statutory Rules 1922 No. 100, made under the Defence Act 1903-1918, concern the employment of persons in a civil capacity within the Department of Defence. These regulations specifically address the provisions for leave of absence with full pay for officers and employees who have rendered satisfactory and continuous service. This Act applies to officers and employees of the Department of Defence who have completed a minimum of four years of service and are not eligible for furlough. The regulations detail the leave entitlements based on the length of service, ranging from one month for those with less than four years of service to five months for those with 16 years or more. The Act extends to Commonwealth jurisdiction, affecting all officers and employees within the Department of Defence, irrespective of their location within Australia. Additionally, the regulations provide for the payment of equivalent leave pay to those who retire voluntarily or compulsorily as part of a government decision to re-organise and retrench the department, even if they have not reached the retirement age. The scope of these regulations is limited to the civil personnel within the Department of Defence and does not extend to military personnel.
Key Provisions
The principal operative sections of this Statutory Rule revolve around the leave provisions and payments for officers and employees of the Department of Defence. Regulation 52(1) stipulates that the Governor-General, based on the Secretary's recommendation, can grant officers and employees with at least four years of satisfactory and continuous service, who are not eligible for furlough, leave of absence with full pay before their retirement at or after the age of sixty. The duration of this leave varies according to the length of service, ranging from one month for those with less than four years of service to five months for those with between 16 and 20 years of service. Regulation 52(3) further provides that officers and employees permanently employed who retire voluntarily or compulsorily due to a government decision to reorganise and retrench the Department of Defence may, despite not having reached the retirement age, receive an equivalent payment for the leave they would have been eligible for had they attained the age of sixty at the time of termination.
These Regulations impose specific obligations and requirements on the parties involved. Firstly, officers and employees must have a minimum of four years of continuous and satisfactory service to qualify for leave of absence with full pay. The decision to grant this leave rests with the Governor-General, who must act upon the Secretary's recommendation. Moreover, for those who retire voluntarily or compulsorily under the government's decision to reorganise and retrench the Department of Defence, they must be permanently employed to be eligible for the equivalent payment for the leave they would have received if they had reached the age of sixty.
There are no explicit offences, penalties, or civil/criminal consequences outlined in these Regulations for breach of the provisions. However, it is worth noting that the Regulations pertain to administrative and financial matters within the Department of Defence, and non-compliance with these provisions could potentially lead to administrative disputes or legal challenges concerning the entitlements and payments due to officers and employees. The exact consequences would depend on the specific circumstances and applicable laws governing employment and administrative procedures.