Naval Establishments Regulations (Amendment)

Overview

The Statutory Rules 1930, No. 137, are regulations made under the Naval Defence Act 1910-1918 by the person administering the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council. These regulations, which came into operation on 1 June 1930, amend the Naval Establishments Regulations to adjust the conditions under which overtime is recorded and paid to officers, particularly distinguishing between returned soldiers or members of relevant organisations and other officers. The policy objective behind these amendments is to ensure that the overtime pay conditions for officers are in line with the Arbitration (Public Service) Act 1920-1928, while allowing the Naval Board to set conditions for other officers.

Scope and Application

The Naval Defence Act 1910-1918, as amended by these regulations, applies to officers within the naval defence forces of Australia. Specifically, it pertains to the recording and payment of overtime for officers who are either returned soldiers or members of a relevant organization, who are to be compensated in accordance with the conditions outlined in the Arbitration (Public Service) Act 1920-1928. For other officers, the Naval Board has the discretion to determine the conditions for overtime payment. This regulation extends across the Commonwealth of Australia and is enforced by the Naval Board, ensuring uniformity in the administration of overtime payments across the naval defence forces. The regulations do not explicitly exclude any categories of officers or specific geographic areas, meaning their application is broad within the terms defined by the Act. The Naval Defence Act and these regulations do not provide for exclusions or exemptions, and the scope of application is primarily administrative, focusing on the procedural aspects of overtime payments for naval officers.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the Naval Establishments Regulations. Specifically, Regulation 45 is modified to alter the conditions under which overtime is recorded and paid to officers. According to section 45(1), overtime for officers who are returned soldiers or members of a related organization must now be recorded and paid in line with the conditions set out in any relevant determination under the Arbitration (Public Service) Act 1920-1928. For other officers, the Naval Board will determine the conditions for overtime pay. This change comes into effect from 1st June, 1930. These regulations impose specific obligations on the Naval Board and relevant officers. The Naval Board must now determine the conditions under which overtime is paid to officers who are not returned soldiers or members of the relevant organization. Officers who fall into the category of returned soldiers or members of the relevant organization must ensure their overtime is recorded and paid according to the conditions prescribed in any relevant determination under the Arbitration (Public Service) Act 1920-1928. These obligations are clearly set out in Regulation 45(1). For breaches of these regulations, the legislation does not explicitly detail any specific offences, penalties, or consequences. However, given the nature of the regulation and its implementation under the Naval Defence Act 1910-1918, failure to comply with these provisions could potentially lead to administrative or disciplinary actions under the Act. It is important for all parties involved to adhere to the specified conditions to avoid any adverse outcomes.