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

Overview

Statutory Rules 1922 No. 144, titled "Regulations for the Employment of Persons in a Civil Capacity in Connection with the Department of Defence, Amendment," was enacted to address a specific issue within the Defence Act 1903-1918. This legislation was introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to amend the existing framework governing the employment of civilians in connection with the Department of Defence, specifically focusing on the management of salary deductions. By allowing the Secretary discretion over the distribution of deducted pay, these amendments aim to provide flexibility in financial arrangements for civilian personnel within the Defence department.

Scope and Application

This statutory regulation under the Defence Act 1903-1918 pertains to the employment of persons in a civil capacity within the Department of Defence. The regulation specifically addresses the amendment of existing rules concerning the deduction of pay from the salaries or wages of officers or employees, providing that the Secretary has discretion over whether to allow the repayment of such deductions. The regulation applies to all officers and employees working within the Department of Defence, ensuring that any amendments or deductions to their pay are managed in accordance with the updated rules. The geographic reach of these regulations is national, as they are issued under the Commonwealth authority of Australia. There are no stated exclusions or exemptions within the text, and the regulation extends its application directly without reliance on subordinate instruments.

Key Provisions

The principal operative section of this legislative instrument is the amendment to Regulation 8 of the Regulations Under the Defence Act 1903-1918. Specifically, the amendment adds a new sub-regulation (2) to Regulation 8, which addresses the payment of deducted salaries or wages. Regulation 8(2) allows for the discretion of the Secretary in deciding whether the deducted portion of an officer’s or employee’s salary or wages, as per the preceding sub-regulation, will be returned to the individual. This amendment aims to provide flexibility in financial management within the Department of Defence. The Act imposes certain obligations on the parties involved. The Secretary of the Department of Defence is given the discretion to determine whether any deducted pay should be returned to the officer or employee. This discretion is intended to provide administrative flexibility in managing financial deductions related to employment within the department. Additionally, the regulations require that any deductions made must be in compliance with the terms set out in the Defence Act 1903-1918 and the specific provisions of the amended Regulation 8. There are no explicit offences, penalties, or civil/criminal consequences outlined within this legislative instrument for breach of the amended Regulation 8. The focus of the regulation is on providing discretionary powers to the Secretary, rather than on imposing sanctions for non-compliance. As such, the primary consequence of non-compliance would likely be administrative, with potential repercussions arising from the improper application of the discretion granted under the new sub-regulation.