STATUTORY RULES.
1914. No. 20.
________
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Financial and Allowance Regulations for the Military Forces of the Commonwealth—Regulation 86—Amendment.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fifth day of March, One thousand nine hundred and fourteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
_________
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendment.
military staff clerks.
Regulation 86, sub-paragraph (b), is cancelled, and the following substituted:—
“(b) The Act and Regulations governing the classification, pay, increments, and allowances, including removal expenses and allowances of the Clerical Division of the Commonwealth Public Service, shall apply to Military Staff clerks, but in cases where, under the Public Service Act and Regulations, the approval of the Governor-General or the Public Service Commissioner is required, the approval of the Minister shall be substituted.”
_____________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.497.—Price 3d.
Overview
The Statutory Rules of 1914, No. 20, enact Provisional Regulations under the Defence Act 1903–1912, specifically addressing the Financial and Allowance Regulations for the Military Forces of the Commonwealth. This legislation was introduced to ensure a seamless integration of military staff clerks into the existing financial and allowance frameworks of the Commonwealth Public Service, addressing a need for consistency and efficiency in the administration of these staff members. The enactment was carried out by the Governor-General in accordance with advice from the Federal Executive Council, underscoring the urgency and importance of these regulatory adjustments.
The policy objective behind these Provisional Regulations is to streamline the application of financial and allowance rules to military staff clerks, ensuring they are aligned with those governing the Clerical Division of the Commonwealth Public Service. By substituting the approval requirement from the Governor-General or the Public Service Commissioner with that of the Minister, the legislation aims to expedite processes and maintain a cohesive regulatory environment for these military personnel. This approach reflects a broader effort to harmonise military administrative practices with civilian public service standards, thereby enhancing operational effectiveness and accountability.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912, specifically Amendment Regulation 86, apply to military staff clerks within the Commonwealth's military forces. These regulations alter the existing framework to ensure that the classification, pay, increments, and allowances, including removal expenses and allowances, for military staff clerks are governed by the Act and Regulations that pertain to the Clerical Division of the Commonwealth Public Service. This alignment facilitates a consistent approach to remuneration and benefits for military staff clerks. However, where the Public Service Act and Regulations require the approval of the Governor-General or the Public Service Commissioner, the regulations specify that the approval of the Minister shall be substituted instead. The amendment extends to the national level, impacting military staff clerks across Australia, thereby ensuring uniformity in the application of financial and allowance regulations within the military forces.
Key Provisions
The main operative sections of this Provisional Regulation (Regulation 86) focus on the application of civilian public service laws to Military Staff clerks. Specifically, the amendment states that the Act and Regulations governing the classification, pay, increments, and allowances, including removal expenses and allowances, of the Clerical Division of the Commonwealth Public Service will apply to Military Staff clerks (sub-paragraph (b)). This means that Military Staff clerks will be subject to the same rules and standards as their civilian counterparts in terms of their employment conditions. However, in cases where the approval of the Governor-General or the Public Service Commissioner is required under the Public Service Act and Regulations, the approval of the Minister shall be substituted (sub-paragraph (b)).
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that Military Staff clerks are classified, paid, and provided with allowances in accordance with the provisions of the Public Service Act and Regulations, with certain exceptions as noted. This means that Military Staff clerks will be entitled to the same benefits and protections as civilian clerks, but their employment will be subject to the oversight and approval of the Minister rather than the Governor-General or the Public Service Commissioner. This change in oversight is intended to streamline the approval process and ensure consistency in the administration of Military Staff clerks.
The consequences for breach of this Act are not explicitly stated in the text. However, it is possible that failure to comply with the provisions of the Public Service Act and Regulations could result in disciplinary action or other consequences for Military Staff clerks or their supervisors. Additionally, failure to obtain the necessary approvals from the Minister could result in delays or other issues in the administration of Military Staff clerks. It is important for all parties involved to understand and comply with the requirements of this Act to ensure that Military Staff clerks are treated fairly and consistently with their civilian counterparts.