Statutory Rules 1931, No. 22.(a)
Regulation 36 is amended by adding thereto the following sub-regulation :—
“(4) If at any time it is found that a greater number of members of the Professorial Staff is employed than is necessary for the efficient working of the College, any member of the Professorial Staff who the Minister finds is in excess may be transferred to such other position under the Defence Act 1903-1927, or the Naval Defence Act 1903-1918, or any Regulations thereunder, of equal pay, as he is competent to fill, and, if no such position is available, he may be transferred to a position of lower pay under the said Acts or Regulations. If any member of the Professorial Staff declines to accept any such lower position, he may resign his appointment, or the Governor-General may discharge him from the Service. If no position is available for such member, the Governor-General may retire him from the staff.”.
Overview
The Statutory Rules 1931, No. 22, introduced by the Australian Parliament, amends Regulation 36 of an existing legislative instrument to address the issue of excess staffing within the Professorial Staff of the College. The objective of this amendment is to ensure that the number of Professorial Staff members aligns with the operational needs of the College, promoting efficiency and resource optimisation. By allowing the transfer of surplus staff to other positions under the Defence Act 1903-1927 or the Naval Defence Act 1903-1918, or alternatively, to positions of lower pay if no suitable roles are available, the regulation aims to mitigate redundancy while maintaining the integrity of the staff. Should a member decline a transfer or a suitable position, the regulation provides for resignation or discharge from service, and in cases where no positions are available, retirement from the staff.
Scope and Application
The Statutory Rules 1931, No. 22, as amended by Regulation 36, applies to members of the Professorial Staff within a specific College, focusing on the employment and reassignment of such personnel. The Act's jurisdiction is likely confined to the administration and regulation of the College's Professorial Staff under the purview of the relevant Acts, including the Defence Act 1903-1927 and the Naval Defence Act 1903-1918. It extends its application by allowing the transfer of surplus staff to positions within these Acts or their regulations, ensuring that the College operates with the necessary number of academic staff for efficiency. The Act also outlines the consequences for staff who decline reassignment to positions of equal or lower pay, including resignation or discharge from service. Furthermore, if no suitable positions are available, the Governor-General has the authority to retire the staff member from the College. This legislation does not explicitly state exclusions or exemptions, but the application of subordinate instruments may further define the scope of the Act.
Key Provisions
The key operative sections of the statutory rules focus on the management of the Professorial Staff within the College. Specifically, Regulation 36(4) introduces provisions for the transfer or discharge of Professorial Staff members who exceed the number deemed necessary for the College's efficient functioning. If a surplus is identified, the Minister can transfer the excess staff to a position of equal pay under the Defence Act 1903-1927, the Naval Defence Act 1903-1918, or related regulations. Should no suitable positions of equal pay be available, the staff member may be transferred to a position of lower pay under the same acts or regulations. In cases where a member refuses to accept a lower-paying position, they have the option to resign or face discharge by the Governor-General. If no position is available at all, the Governor-General can retire the member from the staff.
The obligations and requirements imposed by these provisions are primarily on the Minister and the Governor-General. The Minister is tasked with determining whether there are excess staff members and identifying suitable positions for their transfer. This involves assessing the competence of the staff members for the available positions and ensuring that the transfers are carried out according to the specified acts and regulations. The Governor-General, on the other hand, is responsible for overseeing the implementation of the Minister's decisions, including the discharge or retirement of staff members who decline to accept transfers to lower-paying positions or for whom no positions are available.
Failure to comply with these provisions can lead to significant consequences. While the specific offences and penalties are not explicitly detailed within the text, the implications of non-compliance could include legal action for improper discharge or failure to manage staff appropriately. The Minister's decision to transfer a staff member without following the outlined procedures could be challenged in court, potentially leading to reinstatement or compensation for the affected staff member. Similarly, the Governor-General's decisions to discharge or retire staff members without proper justification could result in legal repercussions, including the need to rectify the staff member's employment status or provide compensation. The overarching intent is to ensure that the College maintains an efficient and appropriately sized Professorial Staff while upholding the legal rights of the staff members involved.