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

Overview

The Statutory Rules 1923 No. 57, enacted under the Defence Act 1903-18, was introduced to amend the Civilian Staff Regulations, specifically concerning the employment of persons in a civil capacity within the Department of Defence. This regulation, made by the Governor-General in accordance with the Federal Executive Council's advice, came into effect on 31st March 1923. The aim of this regulation was to adjust the salary structure for certain positions within the department, ensuring alignment with the evolving needs of the Defence sector. The policy objective is to maintain a competitive and efficient civilian workforce that supports the operational requirements of the Defence department. This legislative instrument was designed to facilitate the proper functioning of the department by addressing discrepancies in salary and grading within the civilian staff.

Scope and Application

The Statutory Rules 1923 No. 57, made under the Defence Act 1903-18, pertain to the employment of persons in a civil capacity in connection with the Department of Defence. This legislation specifically targets civilian staff within the Department, and its application is limited to the Commonwealth of Australia. It amends the Civilian Staff Regulation 74, focusing on salary increments for specific positions, particularly the Assistant, Senior II grade. The regulation adjusts the salary range and the criteria for salary increments, replacing the previous conditions with a fixed maximum salary and altering the criteria for advancement. This legislative instrument does not specify any exclusions or exemptions and applies directly to the positions as stated within the Department of Defence. While the primary focus is on the specified salary adjustments, it is noted that broader regulations or amendments may be implemented through subordinate instruments, further extending or restricting the application of this legislation.

Key Provisions

The primary operative sections of the Regulations under Defence Act 1903-18, section 63.I, pertain to the amendment of Civilian Staff Regulation 74, specifically the table “B” which details the salary and grade for a Senior Assistant position. Regulation 74, Table “B” has been amended to alter the salary structure for Senior Assistants (section 1). The original regulation stipulated that advancement beyond a certain salary threshold was contingent upon efficiency (section 1(1)). However, this condition has been removed, and a fixed salary range of £180 to £204 has been introduced (section 1(2)). This means that the salary for Senior Assistants is now fixed within this range, without the previous condition of efficiency-based advancement. The obligations imposed by these Regulations on the parties involved, particularly the Department of Defence, include the adherence to the new salary structure for Senior Assistants. The Department must ensure that the remuneration for this position aligns with the specified range, and that this range is consistently applied. Furthermore, the Department must also ensure that any changes to the salary structure are communicated effectively to all relevant personnel and stakeholders, thereby maintaining transparency and compliance with the new regulatory framework. In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, failure to adhere to the new salary structure could potentially lead to legal disputes or claims of unfair treatment, which could be pursued in the appropriate courts. It is also possible that non-compliance could result in administrative penalties or disciplinary action within the Department of Defence, although these are not specified in the text of the Regulations. Given the nature of the amendments, any breaches are likely to be addressed through internal departmental procedures or civil litigation rather than criminal proceedings.