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 1918, No. 239, titled "Regulations for the 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—Amendments," was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address issues related to the regulation of employment within the Department of Defence. This legislative instrument came into operation on 1 September 1918, providing amendments to the existing regulations concerning the employment of civil personnel. The problem it sought to address was the need for updated and more flexible regulations to accommodate the changing circumstances of the Defence Act 1903-1918, particularly in light of the First World War, ensuring that the department could efficiently manage its workforce. The policy objective was to streamline administrative processes and allow for more discretionary decision-making by the Minister of Defence.

Scope and Application

The Regulations under the Defence Act 1903-1918, as amended by Statutory Rules 1918, No. 239, primarily pertain to the employment of persons in a civil capacity within the Department of Defence. These regulations govern the conditions under which such individuals are employed, including the delegation of certain powers and responsibilities previously vested in the Public Service Commissioner to the Board of Business Administration or the Secretary, as applicable. The amendments further refine the scope of holidays granted to these employees, specifying that the total number of days shall not exceed twelve per year, with the addition of any specified days designated by the Governor-General. Furthermore, the Regulations adjust monetary allowances by adding sixpence to certain provisions. The amendments reflect a streamlined approach to administrative processes within the Department of Defence, ensuring that personnel are managed efficiently and in line with broader Commonwealth public service regulations.

Key Provisions

The primary sections of these Regulations amend existing provisions under the Defence Act 1903-1918. Specifically, Regulation 2e is amended to shift the responsibility for actions and powers previously prescribed to the Public Service Commissioner to the Board of Business Administration or the Secretary, as appropriate (Regulation 2e). Regulation 47 is altered to change the mandatory requirement for granting holidays to a discretionary power vested in the Minister, while capping the total number of holidays at twelve per year, with the addition of any specified days declared by the Governor-General as holidays or half-holidays (Regulation 47). Furthermore, Regulation 88 is modified to increase the financial allowance by sixpence (Regulation 88). These amendments impose specific obligations on the Department of Defence and related entities. The shift in responsibility from the Public Service Commissioner to the Board of Business Administration or the Secretary under Regulation 2e means that these bodies must now ensure that actions and powers prescribed in the Public Service Act or Regulations are executed accordingly. Regulation 47 places the discretion to grant holidays within the purview of the Minister, who must balance the allocation of holidays while adhering to the statutory limit of twelve days per year. Additionally, entities must comply with any additional holidays specified by the Governor-General. Regulation 88's amendment requires an adjustment in the financial provisions, necessitating that the updated rate be adhered to in all relevant transactions. Breaches of these regulations could lead to various consequences. Although the specific penalties are not detailed within the provided text, it can be inferred that non-compliance with these regulations might result in administrative or legal actions. The nature of these consequences would likely depend on the severity and intent behind the breach, and could potentially include fines, reprimands, or other administrative penalties as prescribed by the Defence Act 1903-1918 or other relevant legislation.