Naval Establishments Regulations (Amendment)

Overview

The Statutory Rules 1939, No. 3, comprises regulations made under the Naval Defence Act 1910-1934. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aim to amend the Naval Establishments Regulations, specifically concerning rates of pay for various positions within the Navy. The purpose of these amendments is to reflect changes in roles and responsibilities, ensuring the naval workforce is fairly compensated in line with the evolving demands of their positions. The changes include adjustments to the salary scales and the introduction of new positions, while certain positions are omitted. The regulations were designed to address discrepancies in pay structures and to adapt to the changing operational needs of the Royal Australian Navy during this period.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934 pertain to personnel within the naval defence sector of Australia, specifically addressing various roles and their associated salaries, increments, and conditions. These regulations apply to officers and employees within the Navy Office, Flinders Naval Depot, and the Naval Ordnance Branch, which are integral parts of the Australian naval defence apparatus. The geographic reach of these regulations is national, as they pertain to federal naval defence activities across the Commonwealth of Australia. The regulations do not explicitly state exclusions or thresholds but focus on the amendment and clarification of specific roles and their remuneration details. The scope of application can be further extended or detailed through subordinate instruments, as is typical in regulatory frameworks, thereby allowing for adjustments and refinements in the implementation and enforcement of the regulations.

Key Provisions

The key operative sections of the Regulations under the Naval Defence Act 1910-1934 pertain primarily to the amendments of the Naval Establishments Regulations, particularly concerning rates of pay. Regulation 43 of the Naval Establishments Regulations is amended in various ways (Regulation 1(1)). Firstly, the positions of "Foreman (Trades), Grade A1" and "Foreman (Trades), Grade A" are omitted and replaced with "Superintending Examiner, Navy Office" and "Foreman (Trades)" at grades A1 and A, respectively (Regulation 1(1)(a)). Secondly, the position of "Foreman (Trades), Grade B" is also omitted and replaced with "Foreman (Trades)" at grade B (Regulation 1(1)(b)). Thirdly, the position of "Foreman Gardener, Flinders Naval Depot" is inserted after "Foreman (Storehouse), Grade C" (Regulation 1(1)(c)). Fourthly, the positions of "Gun Examiner, Naval Ordnance Branch, Sydney" and "Foreman Examiner, Navy Office" are omitted (Regulation 1(1)(d) and (e)). Fifthly, the figures for the position of "Leading Examiner, Navy Office" are amended (Regulation 1(1)(f)). Lastly, the positions of "Senior Examiner, Navy Office" and "Examiner (Naval Ordnance), Sydney" are inserted (Regulation 1(1)(g)). The commencement dates for these amendments are specified in Regulation 2. The Regulations impose certain obligations on the Naval Board to approve increments for the amended positions. For instance, increments for "Superintending Examiner, Navy Office" and "Foreman (Trades)" at grades A1 and A are subject to Naval Board approval (Regulation 1(1)(a)). Similarly, increments for "Foreman (Trades)" at grade B, "Foreman Gardener, Flinders Naval Depot", and "Leading Examiner, Navy Office" are also subject to Naval Board approval (Regulation 1(1)(b), (c), and (f)). The amendments are intended to adjust the salary scales and ensure that the pay rates are in line with the duties and responsibilities of the respective positions. Breach of these Regulations, particularly if they involve unauthorised changes to salary scales or increments, could result in disciplinary action under the relevant service regulations. Although the Regulations themselves do not specify particular offences, penalties, or civil/criminal consequences for breach, it is likely that any breach would be dealt with under the relevant service discipline acts and regulations. For example, the Defence Force Discipline Act 1984 could be applicable, which provides for various offences and penalties for breaches of military law. The maximum penalties under this Act can range from fines to imprisonment, depending on the severity of the offence.