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. 150, were enacted under the Defence Act 1903-1917 to address a specific administrative issue within the Department of Defence. This legislation was introduced by the Governor-General in Council, which is the enacting body, and it sought to amend the regulatory framework governing the employment of individuals in civil capacities within the Department. The regulation specifically repealed Regulation 38, which pertained to the employment of persons in civil roles in connection with the Department of Defence. The repeal was effective from 10th May, 1918, reflecting an adjustment in the policy or administrative approach towards civil employment within the defence sector.

Scope and Application

The Statutory Rules of 1918, No. 150, issued under the Defence Act 1903-1917, governs the employment of individuals in civil capacities within the Department of Defence. This regulation specifically addresses the repeal of Regulation 38, effective from 10th May, 1918. The act applies to persons who are employed in civil roles within the Department of Defence, ensuring that the regulations are directly relevant to individuals who are engaged in such capacities. Geographically, this regulation applies on a national level across the Commonwealth of Australia, as it is issued under federal authority. The scope of the regulation extends to the terms and conditions of employment for these civil employees, as outlined under Section 63, Sub-sections 1 and 2 of the Defence Act. While the regulation itself does not explicitly mention any exclusions or exemptions, the repeal of Regulation 38 suggests a revision or amendment in the legal framework governing civil employment within the Department of Defence. This regulation is part of a broader set of rules and subordinate instruments that further define and implement the provisions of the Defence Act.

Key Provisions

The main operative sections of this statutory rule (Regulation 38) pertain to the repeal of a previous regulation concerning the employment of individuals in a civil capacity in connection with the Department of Defence. Specifically, Regulation 38 of the 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 1903-1917 is repealed as from 10th May, 1918. This effectively means that any existing provisions governing the terms and conditions under which civilian employees were hired, managed, or remunerated by the Department of Defence are no longer in effect from the specified date. The obligations and requirements imposed by this Act primarily affect those individuals who were previously employed under the repealed Regulation 38. The repeal of this regulation means that any employment agreements or conditions that were previously governed by Regulation 38 are now void, and any ongoing employment contracts must be re-evaluated and re-negotiated under any new regulations or the general employment law framework. Employers within the Department of Defence must ensure they are compliant with any new regulations or legislation that may apply to the employment of civilians, ensuring that all employees are treated fairly and within the bounds of current legal requirements. There are no explicit offences, penalties, or civil/criminal consequences outlined in this particular statutory rule. However, the repeal of Regulation 38 may indirectly lead to potential legal issues if the Department of Defence fails to promptly update its employment practices to comply with new regulations. Employers could face legal challenges from employees if they are not afforded the same protections or conditions as those previously outlined in Regulation 38, particularly if these changes result in a detriment to the employees. Additionally, failure to comply with the updated legal framework could result in disciplinary actions, lawsuits, or other legal consequences for the Department of Defence.