Naval Establishments Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B02451 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1965 No. 117

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REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1965.

Dated this tenth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

F. CHANEY

Minister of State for the Navy.

——————

Amendment of the Naval Establishments Regulations†

Regulation 55a of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Reduction from recreation leave on account of other absences.

“55a.(1.) Where—

(a) an officer or employee has, in a prescribed period, been absent from duty on leave of absence without pay, other than on leave of absence without pay granted on account of illness, for more than twenty-six days; and

(b) the period during which the officer or employee was so absent does not form part of the officer’s or employee’s period of service for the purposes of the grant of recreation leave,

the period of leave of absence for recreation which may be granted to the officer or employee in respect of the next year after the expiration of that prescribed period shall be reduced by one-twelfth of the period of leave of absence that the officer or employee may be granted under regulation 55 of these Regulations for each twenty-six working days on which the officer or employee has been absent from duty during that prescribed period.

“(2.) Where an officer or employee has, in a prescribed period, been absent from duty on leave granted under regulation 56 or 58 of these Regulations for more than fifty-one working days, the period of leave of absence for recreation that may be granted to the officer or employee in respect of the next year after the expiration of that prescribed period shall, subject to this regulation, be reduced by one-twelfth of the period of leave of absence that may be granted to the officer or employee under regulation 55 of these Regulations for each twenty-six working days, other than the first twenty-six working days, on which the officer or employee has been absent from duty during that prescribed period.

 

* Notified in the Commonwealth Gazette on , 1965.

† Statutory Rules 1936, No 107, as amended to date. For previous amendments of the Naval Establishments Regulations see footnote † to Statutory Rules 1965, No. 62 and see also Statutory Rules 1965, Nos. 62 and

7940/65.—Price 6d. (5c).  9/5.7.1965


“(3.) Sub-regulation (2.) of this regulation shall not operate in relation to the absence from duty of an officer or employee in a prescribed period by reason of his having been granted leave of absence under regulation 56 or 58 of these Regulations, so as to result in any reduction being made in the period of recreation leave that may be granted to the officer or employee in respect of the year next succeeding that prescribed period which would, when added to reductions previously made, exceed the period of recreation leave that may be granted to the officer or employee in that next succeeding year.

“(4.) Sub-regulation (2.) of this regulation shall not operate in relation to the absence from duty of an officer or employee in the prescribed period that commenced on the first day of January, 1965, by reason of his having been granted leave of absence under regulation 56 or 58 of these Regulations if a reduction in the period of the officer’s recreation leave has been made under regulation 55a of these Regulations as in force immediately before the commencement of this regulation in respect of that absence.

“(5.) For the purposes of this regulation, each of the following periods is a prescribed period—

(a) in the case of an officer or employee who has completed only one year of service—the first year of the officer’s or employee’s service;

(b) in the case of an officer or employee who has served until the thirty-first day of December next succeeding the day on which he completed his first year of service, but has not completed two years of service—the period that commenced on the day immediately after the officer completed his first year of service and ended on the next succeeding thirty-first day of December; and

(c) in any other case—the period of twelve months commencing on the first day of January in each year.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1965 No. 117, made under the Naval Defence Act 1910-1965, aim to amend the Naval Establishments Regulations by reducing the amount of recreation leave granted to officers and employees based on their absence from duty during specified periods. Enacted by the Administrator of the Government of the Commonwealth of Australia with the advice of the Federal Executive Council, this regulation seeks to ensure a fair allocation of leave by penalising excessive absences without pay or on other leave, thereby maintaining operational efficiency within the naval service. The policy objective is to provide a structured mechanism for leave management that balances individual entitlements with the needs of service continuity.

Scope and Application

This Statutory Rule, made under the Naval Defence Act 1910-1965, amends the Naval Establishments Regulations to address the reduction of recreation leave for officers and employees of the Naval Defence Force who are absent from duty for extended periods on leave of absence without pay or on other types of leave. Specifically, the regulation targets officers or employees who have been absent for more than twenty-six days on leave of absence without pay or more than fifty-one days on leave granted under specific regulations during a prescribed period. The rule applies to all officers and employees within the Naval Defence Force, irrespective of their rank or role, and is in effect nationally across Australia as it is a Commonwealth regulation. The regulation does not apply to absences due to illness or to leave granted under certain other regulations, and it includes provisions to prevent the total reduction of recreation leave exceeding what may be granted in the subsequent year.

Key Provisions

The regulation (Regulation 55a) under the Naval Defence Act 1910-1965 primarily addresses the reduction of recreation leave for officers and employees based on their absence from duty during a prescribed period. This regulation replaces Regulation 55a in the Naval Establishments Regulations and applies to officers and employees who have been absent from duty on leave of absence without pay for more than twenty-six days or on leave granted under Regulation 56 or 58 for more than fifty-one working days. The prescribed periods considered are the first year of service, the period between the first and second years of service, and subsequent twelve-month periods. The regulation specifies that the recreation leave for the next year will be reduced by one-twelfth of the allowable recreation leave for each twenty-six working days of absence, with certain exceptions to prevent reductions from exceeding the allowable recreation leave for the following year. The obligations imposed by this regulation on officers and employees include ensuring that their absence from duty is within the limits that do not trigger a reduction in their recreation leave entitlement. Specifically, officers and employees must avoid being absent on leave of absence without pay for more than twenty-six days and on leave granted under Regulation 56 or 58 for more than fifty-one working days within a prescribed period. These obligations ensure that the leave entitlements are fairly managed and that any excessive absences are accounted for in the calculation of future recreation leave. The regulation also outlines the consequences for non-compliance with the stipulated absence limits. While the regulation itself does not explicitly state penalties, the overarching Naval Defence Act 1910-1965 and associated regulations may include provisions for disciplinary action, fines, or other penalties for breaches of service regulations. Typically, such breaches could result in civil or criminal consequences, depending on the severity and intent of the violation. The specific penalties would be determined by the relevant authorities and would be in line with the general disciplinary framework governing military and naval personnel.

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