Naval Establishments Regulations (Amendment)

Overview

The Naval Defence Act 1910-1952 was enacted to provide for the defence of Australia by sea and to regulate the naval defence force. The Act has been amended over the years, with the Naval Establishments Regulations being a significant part of this legislative framework. The Regulations under the Act, as amended, govern various aspects of the Navy, including the rates of pay for personnel employed in civil capacities. In 1953, the Naval Establishments Regulations were further amended to adjust the rates of pay for specific positions, such as draughtsman, chart assistant, chart corrector, laboratory assistant, and tracer, to reflect changes in the cost of living. These amendments were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, ensuring that the salary adjustments were in line with broader economic factors affecting living costs.

Scope and Application

This statutory rule pertains to the regulation of rates of salary for civil employees within the naval defence sector, as outlined in the Naval Defence Act 1910-1952. The Act applies to individuals employed in a civil capacity within the Australian Navy, excluding those whose salaries are determined by industrial awards, orders, determinations, or agreements. The regulations are applicable across the Commonwealth of Australia and are subject to approval by the Public Service Board. The legislative instrument modifies the Naval Establishments Regulations to adjust the salary rates for various positions, including Draughtsman, Chart Assistant, Chart Corrector, Laboratory Assistant, and Tracer roles, with specific rates differentiated by age and gender. Furthermore, the regulations introduce a cost-of-living adjustment for salaries, providing specific increases for male and female officers and employees based on their age. The adjustments are made through amendments and the introduction of new regulations, with the modifications being subject to the approval of the Public Service Board.

Key Provisions

The principal operative sections of these Regulations (No. 95) under the Naval Defence Act 1910-1952 primarily focus on the amendment of rates of pay for certain civil positions within the naval establishment. Regulation 43 of the Naval Establishments Regulations is amended to update the salary rates for various positions including Draughtsman, Chart Assistant, Chart Corrector, Laboratory Assistant, and Tracer. These amendments reflect changes approved by the Public Service Board and are detailed in the new figures provided in the Regulations (see Regulation 1(a) to (d)). Regulation 44 introduces a new provision for salary variations according to changes in the cost of living, specifying the amount of increase per annum for different classes of officers and employees based on their age and gender (see Regulation 2). These Regulations impose specific obligations on the parties involved, namely the requirement to adhere to the newly specified salary rates for the listed positions. Employers, including the naval authorities, must ensure that these updated rates are applied to the relevant officers and employees as per the detailed tables in the Regulations. Additionally, the cost-of-living adjustments outlined in Regulation 44 must be factored into the salary calculations for all affected personnel. Failure to comply with these Regulations may result in legal consequences. While the document does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, it is implicit that adherence to the approved salary rates and cost-of-living adjustments is mandatory. Non-compliance could potentially lead to disputes or legal actions regarding the correct application of salaries, which may be subject to review by relevant authorities or tribunals under the applicable legislation. The precise penalties or consequences would depend on the context and the specific breach of these Regulations.