Naval Establishments Regulations (Amendment)

Legislation au C1924L00179 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 179.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1918, to come into operation forthwith.

Dated this twenty-sixth day of November, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of State for Defence.

 

Amendment of Naval Establishments Regulations.

(Statutory Rules 1916, No. 243, as amended to present date.)

1. Regulation 44 is repealed and the following regulation is inserted in its stead:—

“44. (1) When an officer has continued in the Commonwealth Service for at least twenty years, the Naval Board may grant to him leave of absence for a period not exceeding one month and a half on full salary or three months on half salary, in respect of each completed five years of continuous service:

Provided that an officer shall not be granted leave of absence to exceed a continuous period of twelve months at any one time;

Provided further that in the case of any officer appointed after the date of this regulation, the service which shall be taken into account for the purposes of this regulation shall not include any service in a temporary capacity:

Provided further that the continuous temporary service of any person who commenced employment under these Regulations prior to the date of operation of this regulation and who is appointed an officer at some subsequent date shall be regarded as service for the purposes of this regulation.

(2) When an officer who has continued in the Commonwealth Service for at least twenty years is retiring from the Commonwealth Service, the Naval Board may authorize payment to him upon retirement of a sum equivalent to the amount of salary that would have been received by him during such leave of absence as would immediately prior to retirement have been granted to him under sub-regulation (1) of this regulation.

C.16696.—Price 3d.


(3) Upon the death of any officer who at the date of his death was eligible under this regulation for the grant of leave of absence, the Naval Board may authorize payment to the dependants of the officer of a sum equivalent to the amount of salary which would, under this regulation, have been granted to the officer had he retired immediately prior to the date of his death.

(4) Notwithstanding anything contained in this regulation—

(a) there shall not be granted under this regulation, in respect of the service of any officer, leave of absence or pay on retirement or death exceeding in the whole twelve months on full salary or its equivalent;

(b) except upon retirement of an officer under regulation 19 of these Regulations, leave of absence for recreation shall not be granted under regulation 43 in respect of the year in which leave of absence granted under this regulation commences, and if leave of absence for recreation has been granted in the year in which leave of absence granted under this regulation commences, it shall be regarded as part of the period of leave of absence granted under this regulation;

Provided that the total period of leave of absence for recreation which may, under this paragraph, be withheld, or regarded as part of the period of leave of absence granted under this regulaation, during any officer’s period of service, shall not exceed the period of leave of absence for recreation which may be granted in respect of one year of service; and

(c) the official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.”

2. Regulation 45 is repealed and the following Regulations are inserted in its stead:—

“45. (1) The Naval Board may grant to any officer, whose period of service is less than twenty years, who is not eligible for furlough under the last preceding regulation, immediately prior to his retirement from the Commonwealth Service on, or subsequent to, his attaining the age of sixty years, leave of absence on full salary for a period not exceeding that appropriate to his service as specified in the following scale:—

Service.

Leave.

16 years and less than 20 years................

5 months.

12 years and less than 16 years................

4 months.

8 years and less than 12 years.................

3 months.

4 years and less than 8 years.................

2 months.

(2) In lieu of leave in accordance with sub-regulation (1), the Naval Board may authorize payment to an officer, eligible for leave in pursuance of this regulation, upon his retirement from the Commonwealth Service, of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted under this regulation.


(3) Where an officer, who is less than sixty years of age, retires from the Commonwealth Service after less than twenty years’ service, and produces to the Naval Board satisfactory evidence that his retirement is due to ill-health and that such ill-health is permanent and not due to misconduct or to causes within his own control, the Naval Board may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that for which, had he attained the age of sixty years, he would have been eligible under sub-regulation (1) of this regulation.

(4) In the event of the death of an officer before he has completed twenty years’ service in the Commonwealth Service and either before or after he has attained the age of sixty years, the Naval Board may authorize payment to the dependants of the officer of a sum equivalent to the salary for the period of leave which the officer would have received had he been eligible for, and granted leave of absence under sub-regulation (1) of this regulation.

(5) The official conduct record of an officer shall be taken into consideration in determining whether the whole or any portion of the leave of absence or pay provided in this regulation may be granted.

45a. Persons other than officers commencing employment after the date of this regulation shall not be eligible for the grant of furlough or extended leave.”

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

 

Overview

The Statutory Rules 1924, No. 179, titled "Regulations under the Naval Defence Act 1910-1918," was enacted by the Governor-General in Council to provide for specific leave entitlements and payments for officers within the Commonwealth Naval Service, addressing the need to formalise these provisions. This legislative instrument was introduced to establish a clear framework for leave of absence and payment upon retirement or death for naval officers, ensuring consistency and fairness in their treatment. The policy objective of these regulations is to provide structured leave benefits to naval officers based on their length of service and circumstances of retirement or death, thereby recognising their contributions and supporting their welfare. The regulations, made under the authority of the Naval Defence Act 1910-1918, specify detailed conditions under which officers are eligible for leave of absence and financial compensation upon retirement or death. These conditions include service duration, retirement age, and health-related retirements, ensuring that officers receive benefits commensurate with their service. Furthermore, the regulations aim to provide financial security to the dependants of officers who die while in service, reflecting a commitment to supporting the families of naval personnel.

Scope and Application

The Naval Defence Act 1910-1918, through the Statutory Rules 1924, No. 179, pertains to officers within the Commonwealth Naval Service, providing provisions for leave of absence and salary payments upon retirement or death. These regulations apply to officers who have served for at least twenty years, allowing them leave of absence for up to one and a half months on full salary or three months on half salary for each five years of continuous service, subject to a maximum of twelve months at any one time. Additionally, officers retiring after twenty years of service may receive payment equivalent to the salary for leave that would have been granted. In the event of an officer's death while eligible for such leave, dependants may receive a salary equivalent to the leave that would have been granted. Furthermore, officers with less than twenty years of service but who have reached the age of sixty may also receive leave of absence or payment equivalent to the salary for such leave, contingent on their length of service. The Naval Board may also consider the officer’s official conduct record when determining the grant of leave or payment. Notably, these provisions do not extend to persons other than officers who commence employment after the date of the regulation.

Key Provisions

The Regulations under the Naval Defence Act 1910-1918, as amended by Statutory Rules 1916, No. 243, introduce new provisions regarding leave of absence for officers within the Commonwealth Service. Specifically, Regulation 44 now allows officers who have served at least twenty years to be granted leave of absence for up to one and a half months on full salary or three months on half salary, for each completed five years of continuous service, with a maximum total leave of twelve months at any one time (Regulation 44(1)). This regulation also permits the Naval Board to pay a sum equivalent to the salary that would have been received during the leave to an officer upon retirement or to the dependants of an officer who has died while eligible for leave (Regulation 44(2) and (3)). However, the total leave and pay must not exceed twelve months on full salary or its equivalent (Regulation 44(4)(a)). Moreover, leave granted under this regulation may affect the leave for recreation granted under Regulation 43 (Regulation 44(4)(b)). An officer's official conduct record is also considered when deciding whether to grant the leave or pay (Regulation 44(4)(c)). Regulation 45 outlines the leave of absence for officers with less than twenty years of service who are retiring from the Commonwealth Service at or after the age of sixty. The Naval Board may grant leave of absence on full salary based on the officer’s years of service, with a maximum of five months for officers with sixteen or more years of service and progressively less for those with fewer years (Regulation 45(1)). Alternatively, the Naval Board may authorize payment to the officer of a sum equivalent to the salary for a period of leave not exceeding that which the officer could have been granted (Regulation 45(2)). Additionally, if an officer retires before the age of sixty due to permanent ill-health not caused by misconduct or personal factors, the Naval Board may authorize payment to the officer equivalent to the salary for a period of leave (Regulation 45(3)). In the event of the officer's death before completing twenty years of service, the Naval Board may authorize payment to the dependants of the officer equivalent to the salary for the period of leave the officer would have received (Regulation 45(4)). As with Regulation 44, the official conduct record of the officer is considered when determining whether to grant the leave or pay (Regulation 45(5)). Failure to comply with these regulations may result in civil or criminal consequences, depending on the nature of the breach. For example, if the Naval Board improperly grants leave or pay beyond the stipulated limits, it may face legal challenges regarding the validity of such grants. Additionally, any officer who knowingly falsifies their service records to qualify for leave or pay may face disciplinary actions, including dismissal from service. The maximum penalties for such breaches are not explicitly stated in these regulations but would typically be determined by the applicable laws and regulations governing employment and misconduct within the Commonwealth Service.

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Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Leave of Absence
Payment on Retirement
Official Conduct Record

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