STATUTORY RULE.
1918. No. 93.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
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 and Cancellation.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this fifth day of April, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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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 and Cancellation.
Regulation 38 is cancelled.
Regulation 53 is amended to read as follows, to take effect from 25th September, 1917:—
“53. Unless specially exempted by the Minister, all officers and employees subject to Universal Military Training must comply with the Military Regulations, otherwise they forfeit their employment. Officers and employees who are obliged under Military Regulations to absent themselves from work will be granted leave, and the difference between the military pay received for working days and the pay which they would have received had they remained at work will be made up by the Department except when the training required is for failure to become efficient or while undergoing confinement for an offence. Officers and employees absent on holidays granted under these Regulations will be permitted to retain both military and civilian pay if attending military camp during such holidays.”
Regulation 74 (1) is amended by inserting the following table B, to take effect from 25th September, 1917:—
Office. | Grade. | Salary. | Amount of Increment. |
Minimum. | Maximum. |
Laboratory Assistant... | III. | £198 | £246 | £12 |
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rule 1918 No. 93, issued under the Defence Act 1903-1917, represents a legislative instrument designed to address the administrative and operational needs arising from the employment of civil personnel in the Department of Defence during the First World War. Enacted by the Governor-General in Council, this regulation specifically amends and cancels existing provisions to ensure that officers and employees of the Department of Defence comply with military regulations while maintaining their employment status. The policy objective, as indicated, is to streamline the enforcement of military regulations on civilian staff to ensure readiness and compliance during the war, while also addressing compensation and leave entitlements to mitigate the impact on their civilian roles.
The regulation introduces amendments to existing rules to better align civilian employment practices with military requirements, ensuring that the Department of Defence can effectively mobilise its workforce in support of the war effort. This statutory rule, published by the Government Printer for the State of Victoria, underscores the urgent need to adapt civilian employment practices to meet the exigencies of wartime national defence.
Scope and Application
The statutory rule C1918L00093 pertains to the regulations governing the employment of individuals in civil capacities within the Department of Defence, as per Section 63 Subsections 1 and 2 of the Defence Act. These regulations are designed to align civilian employees' responsibilities with military regulations during wartime, ensuring that all eligible officers and employees comply with the mandatory military training unless exempted by the Minister. Such compliance is mandatory, with forfeiture of employment being the consequence of non-compliance. The rule also provides for leave and compensation for employees required to be absent from work for military training, except in cases where absence is due to inefficiency or confinement for an offence. Furthermore, employees granted leave under these regulations may retain both military and civilian pay if they attend a military camp during their leave. The amendments to these regulations take effect from 25th September 1917, as specified within the rule. These regulations apply to the Commonwealth of Australia, extending to all officers and employees of the Department of Defence who are subject to universal military training.
Key Provisions
The key provisions of the statutory rule involve amendments to the Regulations for the Employment of Persons in a Civil Capacity in connection with the Department of Defence. Specifically, Regulation 38 is cancelled and Regulation 53 is amended. Under Regulation 53, all officers and employees subject to Universal Military Training must comply with the Military Regulations, or they will forfeit their employment. Officers and employees who are required to be absent from work due to Military Regulations will be granted leave, with any difference between their military pay and their civilian pay being compensated by the Department, except in cases of inefficiency or confinement for an offence. Additionally, officers and employees on holiday who attend a military camp are permitted to retain both their military and civilian pay (Regulation 53).
The amended Regulations impose certain obligations on officers and employees of the Department of Defence. They must adhere to Military Regulations and cannot forfeit their employment by failing to comply. If they are required to be absent from work due to Military Regulations, they will be granted leave and compensated for any difference in pay. These Regulations also provide that officers and employees can retain both military and civilian pay if they are on holiday and attending a military camp. The Minister has the authority to exempt certain individuals from these Regulations, as stated in Regulation 53.
Breach of the Regulations may result in forfeiture of employment, as specified in Regulation 53. However, the statutory rule does not explicitly outline any criminal or civil penalties for non-compliance. The primary consequence of failing to comply with the Regulations is the loss of employment. The rule does not mention any specific maximum penalties for breaches, indicating that the primary focus is on maintaining the integrity and efficiency of the Department of Defence during wartime.