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

Legislation au C1921L00238 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1921. No. 238.

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DEFENCE ACT 1903-18, SECTION 63.

Regulations for the Employment of Persons in a Civil Capacity in Connexion with the Department of Defence.

Amendment.

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 1903-18, to come into operation forthwith.

Dated this twenty-first day of December, 1921.

FORSTER,

Governor-General.

By his Excellency’s Command,

GRANVILLE RYRIE,

Acting Minister of State for Defence.

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Defence Act 1903-18, Section 63.

Regulations for the Employment of Persons in a Civil Capacity in connexion with the Department of Defence.

Amendment.

The Civilian Staff regulations are amended by the repeal of regulation 40a and the insertion of the following:—

40a. (1) In addition to the rates of salary fixed by these Regulations or under any award made under the Arbitration (Public Service) Act 1911, there shall be payable, as from the first day of November, 1920, allowances at the following rates:—

(a) To each male officer or employee who is married or a widower and who is in receipt of salary at a rate not exceeding £196 per annum—such sum as represents the difference between the rate of salary received by him and £208 per annum;

(b) To each male officer or employee not included in the class specified in the last preceding paragraph who is twenty-one years of age or over and who is in receipt of salary at a rate less than £400 per annum—the sum of £12 per annum.

Provided that the sum per annum paid to any officer or employee under this paragraph shall not exceed the amount by which the salary per annum of the officer or employee falls short of £400;

Provided further that in the case of an unmarried adult male officer or employee who wholly or partly supports any member of members of his family and who is in receipt of salary at a rate less than £208 per annum the allowance may be of such amount as is determined by the Secretary, but no such allowance shall be granted which would raise the total remuneration of any such officer or employee above £208 per annum;


(c) to each officer or employee who is married or a widower or widow, and who is the father or step-father or mother or step-mother of dependent children under the age of fourteen years and who is in receipt of salary at a rate less than £500 per annum, the sum of £13 per annum in respect, of each such child so dependent. A similar allowance may, on the approval of the Secretary, be granted to any officer or employee in respect of orphan or adopted children under the age of fourteen years who are dependent, upon and maintained by that officer or employee. Provided that the total sum per annum paid to any officer or employee under this paragraph shall not exceed the amount by which the salary per annum of the officer or employee falls short of £500;

(d) to each officer or employee (male or female), not included in the class specified in paragraph (a) of this sub-regulation, who is less than twenty-one years of age—an allowance at the rate of £6 per annum.

(e) to each adult female officer or employee who is in receipt of salary at a rate less than £400 per annum—an allowance at the rate of £12 per annum. Provided that the total amount paid (including any allowance paid under this regulation) shall not exceed £400 per annum;

Provided further that in the case of any adult female officer or employee who wholly or partly supports any member or members of her family and who is in receipt of salary at a rate less than £174 per annum, the allowance may be of such amount, as is determined by the Secretary, but no such allowance shall be granted which would raise the total remuneration of any such officer or employee above £174 per annum.

(2) It shall be the duty of each officer or employee who is in receipt of allowance under the provisions of paragraph (c) of sub-regulation (1) of this regulation to immediately notify the Chief Officer in the event of a child in respect, of whom such allowance is payable attaining the age of fourteen years or dying or ceasing from any cause to be dependent upon or to be maintained by the officer or employee.

(2a) The allowances specified in this regulation shall not be payable to officers or employees designated in Table B of regulation 74, who are paid outside trade rates, except in such cases and to such extent as the Secretary determines.

(3) In this regulation “salary” includes:—

(a) any amount granted by way of bonus or cost of living allowance whether by Ministerial authority or under any award made under, the Arbitration (Public Service) Act 1911;

(b) such allowances in the nature of salary as are determined by the Secretary;

(c) the value, to an extent not exceeding 10 per centum of such other remuneration of the officer or employee as is included in his salary, of free quarters granted to any officer or employee; and

(d) the value of fuel, light and rations granted to any officer or employee.

 

 

 

 

 

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Defence Act 1903-18, enacted by the Commonwealth Parliament, was intended to provide a legal framework for the management of the defence forces of Australia. In addressing the need to regulate the employment of civilians in the Department of Defence, the Act included provisions for civilian staff regulations, which were later amended by Statutory Rules. 1921. No. 238. This amendment was introduced to address gaps in the financial support provided to civilian employees, particularly in terms of allowances that would supplement their salaries. The regulation aims to ensure that civilian staff receive adequate financial support by introducing specific allowances based on various conditions such as marital status, age, and the presence of dependent children. The policy objective behind these amendments is to provide a more equitable remuneration structure that recognises the diverse needs of civilian employees within the Department of Defence.

Scope and Application

The Regulation for the Employment of Persons in a Civil Capacity in connexion with the Department of Defence, as amended, applies to male and female officers and employees of the Department of Defence who meet specific criteria related to their marital status, age, and dependents. The Regulation sets out the allowances to be paid in addition to the rates of salary fixed by the Regulations or under any award made under the Arbitration (Public Service) Act 1911. The allowances are payable to officers and employees who are married or a widower, or who support family members, as well as those who are under 21 years of age or are adult females. The Regulation has a national reach as it applies throughout the Commonwealth of Australia. The allowances are not payable to officers and employees designated in Table B of regulation 74 who are paid outside trade rates, except in cases determined by the Secretary. The Secretary may also determine the amount of the allowance for unmarried adult male officers or employees who support family members and for adult female officers or employees who support family members. The Regulation extends or restricts application through subordinate instruments such as awards made under the Arbitration (Public Service) Act 1911.

Key Provisions

The key operative sections of this regulation pertain to the allowances that can be paid to employees of the Department of Defence. Section 40a outlines several categories of allowances based on factors such as marital status, age, and dependent children. Specifically, section 40a(1)(a) provides an allowance for married or widowed male officers or employees earning up to £196 per annum to cover the difference between their salary and £208 per annum. Section 40a(1)(b) grants an allowance of £12 per annum to male officers or employees over 21 earning less than £400 per annum, with a cap on the total allowance. Section 40a(1)(c) offers an allowance of £13 per annum for each dependent child under 14 for married or widowed officers or employees earning less than £500 per annum. Section 40a(1)(d) provides a £6 per annum allowance for officers or employees under 21. Finally, section 40a(1)(e) gives a £12 per annum allowance for adult female officers or employees earning less than £400 per annum, with an additional allowance if they support family members. Section 40a(2) mandates that officers or employees receiving the child-related allowance notify the Chief Officer if the child turns 14, dies, or is no longer dependent. Section 40a(3) defines "salary" broadly to include bonuses, allowances, and certain other benefits. The regulation imposes specific obligations on officers or employees. Those receiving the child-related allowance under section 40a(1)(c) must notify the Chief Officer immediately if a child who qualifies for the allowance turns 14, dies, or otherwise ceases to be dependent, as outlined in section 40a(2). Additionally, the definition of "salary" in section 40a(3) means that various forms of remuneration must be considered when calculating allowances. Breaches of the regulation may result in consequences, though specific penalties are not detailed within the regulation itself. Non-compliance with the notification requirement in section 40a(2) could potentially lead to disciplinary action or other administrative consequences as deemed appropriate by the Department of Defence. Furthermore, any misuse of allowances or failure to report changes that affect eligibility could result in financial penalties or corrective actions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.