National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 20, made under the National Security Act 1939-1940, aims to address the need for efficient management of public service officers and employees during times of national security crises, particularly in relation to the ongoing war efforts. Enacted by the Governor-General in Council, the regulation empowers the Public Service Board to transfer officers and employees between departments to enhance the defence of the Commonwealth and the efficient prosecution of the war. The regulation ensures that such transfers do not result in any reduction in the salary of the transferred personnel, thereby maintaining their morale and productivity during critical times. This legislative instrument underscores the importance of flexibility and adaptability within the public service to meet the exigencies of national security.

Scope and Application

The Statutory Rules 1942, No. 20, which amends the National Security (Supplementary) Regulations, applies to officers and employees of the Public Service in Australia, excluding those in the First Division, as determined by the Public Service Board. This regulation is enacted to facilitate the transfer of these individuals between departments if deemed necessary for the defence of the Commonwealth or the efficient prosecution of the war. The scope of the regulation encompasses all officers and employees of the Public Service who are not part of the First Division and are subject to transfer orders issued by the Public Service Board. The regulation extends to the entire Commonwealth of Australia and its territories, ensuring that the transfer of personnel can be executed seamlessly to meet national security requirements. Importantly, any transfer under this regulation does not result in a reduction of salary for the affected officers or employees. The regulation may be further extended or modified through subordinate instruments, allowing for adjustments based on evolving circumstances and needs during wartime.

Key Provisions

The primary operative sections of this statutory instrument are sections 30(1), 30(2), and 30(3). Section 30(1) allows the Public Service Board to transfer any officer or employee of the Public Service, who is not an officer of the First Division, from one department to another if the Board is satisfied it is necessary for the defence of the Commonwealth, the efficient prosecution of the war, or the interests of the Territories of the Commonwealth. This transfer can be directed by order and takes effect on the date specified in the order. Section 30(2) mandates that a copy of any such order must be delivered to the Permanent Head of the department from which the officer or employee is being transferred and to the officer or employee themselves, who are then required to comply with the order immediately. Section 30(3) ensures that any officer or employee transferred under this regulation will not suffer any reduction in salary due to the transfer alone. The obligations and requirements imposed by this legislation are primarily on the Public Service Board. The Board must ensure that any transfers of officers or employees are necessary for the defence of the Commonwealth, the efficient prosecution of the war, or the interests of the Territories of the Commonwealth. The Board must also ensure that a copy of the transfer order is delivered to the relevant parties and that the transfer does not result in a reduction of salary for the affected officers or employees. The Permanent Heads of the relevant departments and the officers or employees themselves are required to comply with the Board’s orders immediately. There are no explicit offences, penalties, or consequences for breaches of this regulation stated within the text. However, non-compliance with an order issued by the Public Service Board under this regulation could potentially lead to administrative or disciplinary action under other provisions of the National Security Act 1939-1940 or other relevant legislation. The maximum penalties for breaches of such acts or regulations would depend on the specific provisions of the applicable laws, which are not detailed in this statutory instrument.