Naval Establishments Regulations (Amendment)

Overview

The Statutory Rules of 1941, No. 144, are regulations made under the authority of the Naval Defence Act 1910–1934. Enacted by the Governor-General in Council, these regulations aim to amend the Naval Establishments Regulations to provide for leave for officers and employees of the Naval, Military, or Air Forces of the Commonwealth during times of war. This legislation addresses the need to manage the leave of personnel who are appointed, enlisted, or called up for duty during wartime. The overarching policy objective is to ensure that such leave is granted in a manner that supports public safety, the defence of the Commonwealth, and the efficient prosecution of the war, while also addressing financial considerations for those on leave.

Scope and Application

The Statutory Rules 1941 No. 144, made under the Naval Defence Act 1910–1934, amends the Naval Establishments Regulations to govern leave for officers and employees of the Naval, Military, or Air Forces of the Commonwealth who are appointed to, enlisted in, or called up for duty or service during a time of war. This amendment applies to officers and employees who serve in the Naval, Military, or Air Forces of the Commonwealth, the United Kingdom, or any other part of the King’s dominions. Leave may be granted without pay, with an exception allowing officers to receive the difference in pay if their military pay for the first sixteen days of leave is less than their officer's pay. The leave period is considered part of the officer's service, and it cannot extend beyond the termination date of their service. This regulation also applies retroactively to adjust leave and payments made between 2 September 1939 and the date the regulation comes into effect.

Key Provisions

The main operative sections of this legislative instrument concern the amendment of leave provisions for officers and employees in the Naval, Military, or Air Forces of the Commonwealth during wartime (Regulation 59). Section 1(1) replaces Regulation 59 of the Naval Establishments Regulations, providing that leave for war service may be granted to officers who are appointed to, enlisted in, or called up for duty or service, or serve in the Naval, Military, or Air Forces of the Commonwealth, the United Kingdom, or any other part of the King’s dominions. It also allows leave for those who engage in work necessary for public safety, the defence of the Commonwealth, or the efficient prosecution of war. Section 1(2) stipulates that leave granted under this regulation is typically without pay, but there is an exception for officers who receive less pay as members of the Forces than as officers for the first sixteen days of leave (Section 1(3)). Section 1(4) includes the leave period as part of the officer’s service time, and Section 1(5) allows employees to be granted leave on the same terms and conditions as officers, except that leave cannot extend beyond the termination date of their service (Section 1(5)(b)). Section 1(6) provides definitions for terms such as ‘pay as an officer’ and clarifies that ‘time of war’ and ‘war’ have the meanings specified in the Defence Act 1903–1941. The obligations and requirements imposed by the Act primarily focus on the Naval Board’s discretion in granting leave to officers and employees for war service. The Naval Board must consider the specific circumstances of each case or class of cases before granting leave. The Act also mandates that any leave granted and any payments made prior to the regulation's operation be adjusted to align with the new provisions. For officers, this means ensuring that the terms of leave and the conditions under which they can be granted are followed strictly. For employees, the Act allows them to be granted leave under the same terms and conditions as officers, with the exception that the leave cannot extend beyond the termination date of their service. The regulation does not explicitly outline specific offences, penalties, or consequences for breach; however, non-compliance with the terms of leave or payments as stipulated in the regulation could potentially lead to administrative or disciplinary actions. Given the context of wartime and the necessity of clear and precise regulations, any deviation from the outlined provisions might be subject to scrutiny and corrective measures by the Naval Board or other relevant authorities. The potential consequences could range from administrative penalties to more severe disciplinary actions, depending on the nature and severity of the breach.