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 Regulations (Amendment)

Overview

The Statutory Rules of 1917 No. 18, Regulations under the Defence Act 1903–1915, were enacted to provide guidelines for the employment of individuals in a civil capacity within the Department of Defence. These regulations were introduced to address the administrative and procedural gaps in the management of Defence Force personnel and civilian employees during World War I. The regulations were made by the Governor-General in accordance with advice from the Federal Executive Council and came into effect on the first day of July, 1916. The primary objective was to ensure efficient and orderly administration within the Defence Force, particularly in areas such as leave entitlements, temporary appointments, disciplinary actions, and remuneration for civilian employees supporting the Defence efforts. These regulations aimed to provide clear guidelines for the management of both military and civilian personnel in the context of the Defence Act.

Scope and Application

The Regulations under the Defence Act 1903–1915, as amended by Statutory Rules 1917 No. 18, apply to officers and employés who are members of the Defence Force within the Commonwealth of Australia. These regulations specifically govern the employment of such personnel, including matters related to leave of absence, temporary appointments, suspension, termination, and pay rates. The regulations are applicable to individuals who are members of the Defence Force and are employed in a civil capacity by the Department of Defence. The scope of the regulations encompasses the administration and management of Defence Force members within the civil service framework of the Department of Defence. The regulations extend to the geographic jurisdiction of the Commonwealth, thus applying nationally across Australia. There are no specific exclusions mentioned in the text; however, the regulations do set certain conditions and thresholds, such as the maximum salary for second-class fare eligibility and the pay rates for overtime and temporary clerical employés. The regulations also allow for the creation of subordinate instruments to further detail and extend the application of these provisions.

Key Provisions

The regulations outlined in the statutory rules provide several key provisions for the employment of persons in a civil capacity in connection with the Department of Defence. Regulation 53a (1) allows for leave of absence to be granted to officers and employés who are members of the Defence Force in specific circumstances, such as for the purpose of fulfilling training requirements or attending naval or military instruction schools. This leave may either be deducted from annual or accumulated leave and granted on full pay, or granted without pay, with the possibility of pay at a certain rate if the daily salary exceeds the daily pay as a member of the Defence Force. Regulation 74a allows for an employé to be temporarily appointed by the Minister to any position in the General Division, with the temporary appointment terminating on a date approved by the Minister. Regulation 81a provides the Minister with the authority to suspend or fine an employé if they are found to be guilty of a breach of the Regulations. These regulations impose various obligations on the parties and entities they govern. For example, officers and employés who are members of the Defence Force must comply with the specific conditions outlined in Regulation 53a in order to be granted leave of absence. Similarly, Regulation 81a requires that the Minister conduct a due inquiry before suspending or fining an employé found guilty of a breach of the Regulations. Furthermore, Regulation 74a imposes an obligation on the Minister to approve the termination date for temporary appointments made under this regulation. The regulations also outline specific consequences for breach, including both civil and criminal penalties. Regulation 81a empowers the Minister to suspend or fine an employé found guilty of a breach of the Regulations, while Regulation 82 allows for the termination of an employé's appointment if the Minister is satisfied, after due inquiry, that the employé is inefficient, incompetent, or guilty of a breach of the Regulations, or if a reduction of staff is necessary, or if the services of the employé are no longer required. These consequences are intended to ensure that the regulations are followed and that the Department of Defence is able to operate effectively and efficiently.