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 1917, No. 150, enacted on 1 July 1917, presents regulations under the Defence Act 1903-1915, specifically addressing the employment of persons in a civil capacity within the Department of Defence. The regulation was introduced to ensure that overtime payments for civil employees were fairly calculated and paid. It was made by the Governor-General in Council, reflecting the legislative authority vested in the Commonwealth of Australia. The primary objective of this regulation is to clearly define the terms and conditions of overtime payment for civilian staff, ensuring that they receive time and a half for hours worked beyond the standard working hours, with a minimum hourly rate established to protect their earnings.

Scope and Application

The Regulations for the Employment of Persons in a Civil Capacity in Connexion with the Department of Defence, made under Section 63, Sub-sections 1 and 2 of the Defence Act 1903-1915, govern the employment terms and conditions for civilian personnel within the Department of Defence. These regulations, which came into effect on 1 July 1917, apply specifically to individuals employed in civil capacities within the Defence sector, including those engaged in administrative, technical, or support roles. They establish the terms for calculating overtime pay, ensuring that civilian employees receive a minimum hourly rate of 1 shilling, which must be adjusted to account for fractions of a penny unless they exceed half a penny, in which case one penny shall be allowed in lieu. The overtime rate is calculated at time and a half, rounded to the nearest quarter of an hour, thereby providing a clear and consistent method for determining overtime compensation for affected personnel.

Key Provisions

The principal provisions of this legislative instrument (Regulation 23 (1)) relate to the payment of overtime for persons employed in a civil capacity in connection with the Department of Defence. The regulation specifies that overtime must be compensated at a rate of time and a half, with the hourly rate determined according to a specific formula. It mandates that the minimum rate of payment is one shilling per hour, and any fraction of a penny in the hourly rate will not be considered unless it exceeds half a penny, in which case one penny will be allowed instead. Overtime is to be calculated to the nearest quarter of an hour in the total amount of time claimed. The obligations under this regulation primarily concern employers within the Department of Defence. They are required to ensure that any overtime worked by employees in a civil capacity is paid at the specified rate of time and a half. This includes calculating the hourly rate accurately according to the formula provided and adhering to the minimum payment rate of one shilling per hour. Employers must also ensure that any overtime claims are calculated correctly to the nearest quarter of an hour. Failure to comply with these provisions may result in breaches of the regulation, which could have legal consequences. Although the regulation does not explicitly state the penalties for non-compliance, breaches of employment regulations typically attract penalties under broader employment and industrial relations legislation. These penalties may include fines, legal action, and potential reputational damage for the employer. It is essential for employers to adhere strictly to these provisions to avoid any adverse consequences.