OFFICERS’ COMPENSATION.
No. 4 of 1908.
An Act to provide for Compensation to be paid on Retirement or on Decease of certain Officers of the Commonwealth.
[Assented to 14th April, 1908.]
Preamble.
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows :—
Short title.
1. This Act may be cited as the Officers’ Compensation Act 1908.
Payments to be made.
2. There shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the following sums :—
To widow of Lieutenant-Colonel Bayly, formerly Commandant, South Australian Military Forces | £487 |
To widow of Colonel Ricardo, formerly Commandant, Victorian Military Forces | 134 |
To widow of Master Gunner Price, formerly Military Clerk, Central Administration | 110 |
To widow of Sergeant-Major Fraser, formerly of the New South Wales Military Forces | 30 |
To ex-Gunner Watson, Royal Australian Artillery, Victoria.......... | 24 |
To widow of J. Wilson, formerly Senior Lineman, Postmaster-General’s Department, New South Wales | 200 |
To widow of S. Burnett, formerly Telegraph Lineman, Postmaster-General’s Department, New South Wales | 200 |
To widow of W. R. Child, formerly Sorter, Postmaster-General’s Department, New South Wales | 137 |
To widow of G. H. Chapman, formerly Telegraphist, Postmaster-General’s Department, New South Wales | 297 |
To widow of J. Clarke, formerly Inland Mail Clerk, Postmaster-General’s Department, New South Wales | 319 |
To widow of T. Martin, formerly Telegraphist, Postmaster-General’s Department, Queensland | 500 |
Total.................................... | £2,438 |
Overview
The Officers’ Compensation Act 1908 was enacted by the Commonwealth Parliament to provide financial compensation to the widows and dependents of deceased officers and employees of various Commonwealth departments and military forces. The Act was established to address the financial hardships faced by the families of these individuals who had served the Commonwealth, ensuring that they received some form of support following the death of their breadwinner. The Act lists specific individuals, including military officers and public servants, and specifies the amounts to be paid to their widows or next of kin. The total sum appropriated for these payments was £2,438, which was to be paid out of the Consolidated Revenue Fund. This legislative effort demonstrates an early policy objective of the Australian government to provide for the welfare of the families of public servants and military personnel who had sacrificed for their roles within the nascent Commonwealth.
Scope and Application
The Officers' Compensation Act 1908 applies to specific officers of the Commonwealth and their widows, providing financial compensation upon the officer’s retirement or death. This Act is limited to certain individuals, such as Lieutenant-Colonel Bayly, Colonel Ricardo, and others who have served in various capacities within the military or public service, with payments also extended to the widows of these officers. The Act is jurisdictional in nature, applying to the Commonwealth of Australia, and it is geographically limited to those officers and their widows who have served in the states of New South Wales, Victoria, and Queensland. There are no stated exclusions, exemptions, or thresholds within the primary Act itself, but it is likely that further regulations or administrative guidelines could extend or clarify the application of the Act through subordinate instruments. The Act remains focused solely on the specified individuals and does not broadly apply to other officers or entities.
Key Provisions
The Officers’ Compensation Act 1908, as enacted, specifies the compensation to be paid to the widows and other beneficiaries of certain officers and staff who have either retired or passed away. The Act provides for the payment of specific sums to these individuals out of the Consolidated Revenue Fund (section 2). These payments are outlined in detail in the body of the Act, with each beneficiary's name, former position, and the amount they are to receive clearly stated.
The Act imposes a clear obligation on the Commonwealth to disburse these funds as specified. The requirement is that these payments are to be made from the Consolidated Revenue Fund, which means the government must allocate and transfer the specified sums to the appropriate beneficiaries. The obligation is straightforward: the government must ensure these payments are made to the widows and other beneficiaries listed in the Act.
The Act does not explicitly outline any offences, penalties, or consequences for non-compliance with its provisions. However, the failure to comply with the mandated payments could potentially be seen as a breach of statutory duty under common law, leading to legal action for the non-payment of these compensations. The penalties for such a breach would depend on the specific circumstances and could potentially include compensation to the affected parties, as well as any additional damages claimed. The seriousness of the breach might also lead to further legal consequences, such as the personal liability of the responsible officials.