Naval College Regulations (Amendment)

Overview

The Statutory Rules 1961, No. 146, made under the Naval Defence Act 1910-1952, address a specific gap in the Naval College Regulations by allowing for the re-appointment of professors who have resigned to contest elections. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, this regulation was designed to provide a streamlined process for professors who, after resigning to run for political office and subsequently failing to be elected, wish to return to their previous roles without the need for additional certifications or probationary periods. This amendment aims to support academic staff who may pursue political careers while ensuring the continuity of their professional roles within the Naval College.

Scope and Application

The Statutory Rules 1961, No. 146, made under the Naval Defence Act 1910-1952, specifically address the re-appointment of individuals who have resigned from the Professorial Staff of the Naval College to stand as candidates in elections for a House of Parliament at either the Commonwealth or State level. This regulation applies to former members of the Professorial Staff who resigned within one month prior to the closing of nominations for an election, contested the election but were not elected, and subsequently apply for re-appointment within two months of the election results. The re-appointment allows these individuals to return to their previous positions without the need for age verification or health certificates and without undergoing a probationary period. Notably, while these individuals are considered to have maintained their continuous service status, they are not eligible for back pay or allowances for the period between their resignation and re-appointment. The regulation's scope is confined to the Naval College and its Professorial Staff, and its application is bound by the conditions specified within the regulation itself, without any explicit extensions or restrictions through subordinate instruments.

Key Provisions

The main operative section of the Statutory Rules 1961, No. 146 is regulation 33A (1), which sets out the conditions under which a former officer of the Professorial Staff at the Royal Australian Naval College can be re-appointed after resigning to stand as a candidate in a parliamentary election. Specifically, if an officer resigns to become a candidate, fails to be elected, and resigns no earlier than one month before nominations for the election close, they may apply to be re-appointed within two months of the election result. This re-appointment is to be made in accordance with the authority under section 41 of the Naval Defence Act 1910-1952, in the same grade and at the same salary they held before resignation. The regulation imposes certain obligations on the parties involved. Firstly, the former officer must have resigned under the specified conditions, which include the timing of the resignation relative to the election. Secondly, the officer must apply for re-appointment within the stipulated timeframe, i.e., within two months after the election result is declared. Upon re-appointment, the officer is deemed to have continued as an officer of the Professorial Staff as if they had not resigned, but they are not eligible to receive pay and allowances for the period between their resignation and re-appointment. Regulation 33A(2) states that re-appointment under this regulation does not require the officer to produce evidence of age or a certificate of sound health and freedom from physical defects. Regulation 33A(3) further stipulates that the re-appointed officer does not need to undergo probation. Regulation 33A(4) clarifies that while the officer is deemed to have continued their tenure, they do not receive pay and allowances for the period of their resignation. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the regulation for breach of these provisions. The regulation primarily sets out the conditions and procedures for re-appointment, without detailing consequences for non-compliance. The focus is on providing a clear pathway for re-appointment under specific circumstances, rather than on punitive measures for failure to adhere to these conditions.