STATUTORY RULES.
1944. No. 172.
REGULATIONS UNDER THE HIGH COMMISSIONER ACT 1909-1940.*
I, THE Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the High Commissioner Act 1909-1940.
Dated this twenty-ninth day of November, 1944.
W. DUGAN
Administrator
By His Excellency’s Command,
Prime Minister.
Amendments of the High Commissioner (Staff) Regulations.†
1. After regulation 14 of the High Commissioner (Staff) Regulations the following regulation is inserted:—
War bonus.
“14a.—(1.) As on and from the first day of June, 1943, and for such period thereafter as the Minister determines, any officer or employee whose salary is subject to variation in accordance with the last preceding regulation may, at the discretion of the High Commissioner and subject to such conditions as the High Commissioner determines, be paid, in lieu of the rate of his salary as so varied, an amount equal to the sum of his salary and war bonus.
“(2.) In this regulation—
‘war bonus’ means the war bonus which is paid from time to time to non-industrial civil servants employed by His Majesty’s Government in the United Kingdom;
‘salary’ (last occurring) means, in relation to any officer or employee, the rate of salary which would be payable to him under regulation 14 of these Regulations, if the index figures were the same as the index figures issued by the Ministry of Labour of the United Kingdom for the six months ended on the thirtieth day of September, 1939.”.
Meal allowance.
2. Regulation 60 of the High Commissioner (Staff) Regulations is amended by omitting sub-regulation (2.).
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1941, No. 258, as amended by Statutory Rules, 1943, Nos. 73 and 300.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5530.—Price 3d. 9/31.8.1944.
Overview
The Statutory Rules 1944 No. 172, enacted by the Administrator of the Government of the Commonwealth of Australia under the authority of the High Commissioner Act 1909-1940, introduces regulations concerning the payment of war bonuses to officers and employees whose salaries are subject to variation. These regulations were formulated in response to the need to align the compensation structures of Australian High Commissioner staff with those of non-industrial civil servants employed by His Majesty’s Government in the United Kingdom. The policy objective is to ensure that the staff of the Australian High Commission receive equitable treatment in terms of financial compensation, particularly in light of the prevailing wartime conditions. This legislative instrument aims to address discrepancies in salary adjustments by incorporating a war bonus, thereby providing a measure of parity with the remuneration standards set for comparable roles in the UK.
Scope and Application
The statutory rules under the High Commissioner Act 1909-1940, specifically Statutory Rules 1944, No. 172, apply to the staff of the High Commissioner's office and pertain to amendments of the High Commissioner (Staff) Regulations. These regulations govern the terms and conditions of employment for officers and employees of the High Commissioner, impacting their salary and allowances during the specified period. The rules introduce a war bonus, which can be paid to eligible staff in lieu of salary variations, aligning with the bonuses given to non-industrial civil servants in the United Kingdom. Additionally, the rules modify the meal allowance provisions by removing certain conditions that previously applied. The application of these regulations is jurisdictional, impacting the Commonwealth level and specifically affecting the staff of the High Commissioner's office. The rules do not explicitly mention any exclusions or exemptions, but the conditions for the war bonus payment and the amendment to meal allowances suggest a targeted application to relevant staff members.
Key Provisions
The Regulations under the High Commissioner Act 1909-1940, specifically Statutory Rules 1944, No. 172, make significant amendments to the High Commissioner (Staff) Regulations. One of the key provisions inserted is the war bonus for officers and employees. Regulation 14a (subsection 1) stipulates that, starting from June 1, 1943, and for a period determined by the Minister, any officer or employee whose salary is subject to variation can be paid an amount equal to their salary plus a war bonus at the High Commissioner’s discretion and subject to the conditions determined by the High Commissioner. The term 'war bonus' refers to the bonus paid to non-industrial civil servants employed by His Majesty’s Government in the United Kingdom. The salary referred to in this regulation is the rate that would apply under Regulation 14 if the index figures were those from the six months ended September 30, 1939.
These Regulations impose specific obligations on the High Commissioner, who is given the authority to determine the conditions under which the war bonus is paid. The High Commissioner must exercise this discretion in a manner that aligns with the broader intent of the legislation, ensuring that the bonus is paid fairly and in accordance with the established criteria. Additionally, the Regulations require that the salary calculations be based on the index figures from September 30, 1939, which adds a layer of complexity to the administration of these payments.
Failure to comply with the stipulations of these Regulations may result in legal consequences. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that breaches of these provisions could lead to civil or administrative actions. Given the context and the nature of the legislation, penalties could potentially include financial penalties or other sanctions imposed by the relevant authorities to ensure adherence to the legislative framework.
The Regulations also modify Regulation 60 by omitting sub-regulation (2), which likely pertains to the meal allowance. This amendment simplifies the administration of meal allowances for staff, potentially reducing the administrative burden on the High Commissioner. The exact implications of this amendment would depend on the specific details of the omitted sub-regulation, which are not provided in the excerpt.
Overall, these Regulations serve to adapt the High Commissioner (Staff) Regulations to the exigencies of the time, ensuring that staff are compensated appropriately during a period of significant global upheaval.