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

Overview

The Statutory Rules 1921 No. 178, made under the Defence Act 1903-18, were enacted to amend regulations regarding the employment of individuals in a civil capacity within the Department of Defence. This legislative instrument addresses the need to update outdated references and terminology in the regulations to reflect contemporary practices and labour standards. Specifically, the amendment replaces the term "Agricultural Show Day" with "Eight Hours’ Day" in the context of Victoria’s Metropolitan Area, effective from the 2nd of May. This change aims to align with the evolving labour market norms and ensure the regulations remain relevant and applicable. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, and was signed into effect by G. F. Pearce, the Minister of State for Defence. The policy objective is to ensure that the Defence Department's employment practices are modernised to reflect current legal and social standards, thus maintaining efficiency and fairness in the employment of civilian staff.

Scope and Application

The Statutory Rules. 1921. No. 178, made under the Defence Act 1903-18, pertains specifically to the regulation of employment of persons in a civil capacity within the Department of Defence. These regulations apply to individuals and entities engaged in roles supporting the Department of Defence, encompassing a wide range of civilian staff, contractors, and subcontractors involved in activities related to national defence. The geographic reach of these regulations is national, applying across all states and territories of Australia, given that the Defence Act is a Commonwealth Act. There are no specific exclusions or exemptions outlined in this particular regulation, which is narrowly focused on modifying an existing regulation to change the reference from "Agricultural Show Day" to "Eight Hours’ Day" in Victoria’s Metropolitan Area, effective from the 2nd of May. The regulation's application may be further extended or restricted through subordinate instruments, which would provide additional detailed guidance or amendments to the initial regulations.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of Regulation 47 (3) of the Defence Act 1903-18. Specifically, Regulation 47 (3) has been modified by replacing the phrase "Agricultural Show Day" with "Eight Hours' Day" under the heading "Victoria, Metropolitan Area" (Section 1). This amendment appears to be a change in the terminology used to specify a particular day of employment in Victoria's metropolitan area. The obligations and requirements imposed by this Act concern the alteration of the terminology used in Regulation 47 (3) to reflect a shift from "Agricultural Show Day" to "Eight Hours' Day". This change suggests an update in the designation of a specific day in relation to employment within the Department of Defence, likely to streamline or clarify the terminology for administrative purposes. As for the potential consequences of breaching this legislation, the statutory rules do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, in the context of statutory regulations, any failure to adhere to the updated terminology or the spirit of the amendment could potentially result in administrative or operational discrepancies within the Department of Defence. Such discrepancies might not be subject to immediate criminal or civil penalties as outlined in this particular legislative instrument but could lead to broader regulatory or compliance issues.