Employment of Persons in a Civil Capacity in Connexion with the Department of Defence Under Section 63, Sub-sections 1 and 2 of the Defence Act 1903 Regulations (Amendment)

Overview

The Statutory Rules 1919 No. 200, enacted in 1919, serves to amend regulations under the Defence Act 1903–1918, specifically addressing the employment of persons in a civil capacity in connection with the Department of Defence. This legislative instrument was introduced to ensure clarity and fairness in the conditions under which temporary employees of the Department of Defence could be granted payments in lieu of accrued but untaken recreational leave. The objective is to provide a structured approach to handling the leave entitlements of temporary employees who are leaving voluntarily or are about to be discharged without fault, ensuring that their accrued leave is appropriately addressed. The regulation was made by the Governor-General in Council under the authority granted by the Defence Act 1903–1918.

Scope and Application

The Regulations under the Defence Act 1903–1918 govern the employment of persons in a civil capacity within the Department of Defence. These regulations apply to individuals who are employed in a temporary capacity by the Department of Defence, including those who are about to leave their position either voluntarily or due to circumstances beyond their control. The scope of these regulations is specifically limited to the civil employees of the Department of Defence and does not extend to permanent staff or other entities outside of this department. The regulations are applicable on a national level, as they are enacted under the authority of the Commonwealth of Australia. While the primary focus is on civil employees within the Department of Defence, there are provisions for special cases where accumulated leave may be compensated. The regulations also detail the conditions under which employees may receive payment in lieu of accrued recreation leave, up to a specified maximum period. The authority to approve such payments lies with the Chief Officer or, in exceptional cases, the Secretary, highlighting the hierarchical nature of decision-making within the department regarding employee entitlements.

Key Provisions

The key operative sections of these regulations pertain to the employment of temporary civil staff within the Department of Defence. Specifically, Section 2 cancels regulation 50 (2) and Section 3 cancels regulation 90 (2), substituting it with a new provision. The substituted regulation allows a temporary employee who is leaving voluntarily or about to be discharged without fault to be granted payment in lieu of recreation leave. Under normal circumstances, this payment can be for up to eighteen (18) days of leave. However, in exceptional cases where the employee was prevented from taking leave in the previous year and such leave has accumulated, the payment can extend up to thirty-six (36) days, subject to approval from the Secretary. The regulations impose certain obligations and requirements on both the employees and the Department of Defence. For employees, they must seek approval from the Chief Officer for payment in lieu of recreation leave, and in cases where the leave extends beyond eighteen days, approval from the Secretary is necessary. For the Department, it requires the Chief Officer and the Secretary to review and approve requests for such payments, ensuring that the conditions specified in the regulations are met. In terms of potential breaches and consequences, the regulations do not explicitly outline specific offences or penalties for non-compliance. However, failure to follow the stipulated procedures for requesting and approving payment in lieu of recreation leave may result in the employee not receiving the due payment. The regulations do not specify a maximum penalty for non-compliance but imply that adherence to the outlined process is necessary to ensure lawful and fair treatment of employees.