OFFICERS COMPENSATION.
No. 24 of 1909.
An Act to provide for Compensation to be paid on Retirement or on Decease of certain Officers of the Commonwealth.
[Assented to 13th December, 1909.]
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 1909.
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 Sergeant-Major R. D. Fraser, formerly of the New South Wales Military Forces, in addition to a gratuity of £30 granted under the Officers Compensation Act 1908, No. 4 | £510 |
To John Hamilton, formerly Sergeant, Royal Australian Artillery, New South Wales.... | 108 |
To widow of Sergeant-Major W.H. Brenchley, formerly of the Military Forces, Victoria. | 124 |
To widow of Armourer-Sergeant Scrimgeour, formerly of the Military Forces, Victoria.. | 101 |
To R. G. Jackson, formerly Bombardier, Royal Australian Artillery, Victoria......... | 100 |
To widow of Captain Colquhoun, formerly Commandant, Naval Forces, Queensland.... | 600 |
To widow of William Javes, formerly Storeman, Military Forces, Queensland, in addition to £50 already paid | 45 |
To widow of J. Travers, formerly Line Foreman, Postmaster-General’s Department, New South Wales | 400 |
To W. N. B. Cooke, formerly Lineman (on probation), Postmaster-General’s Department, New South Wales | 342 |
To widow of J. J. Crellin, formerly Lineman, Postmaster-General’s Department, New South Wales | 100 |
To widow of J. K. Carnegie, formerly 3rd class Examining Officer, Department of Trade and Customs, New South Wales | 105 |
To widow of Philip Browne, formerly Locker, Department of Trade and Customs, Queensland | 105 |
To widow of A. B. Cornell, formerly Clerk in Charge, Statistical Branch, Department of Trade and Customs, South Australia | 130 |
To trustee (to be appointed by the Treasurer) for the benefit of Norman Herrington Wiltshire and Roland Biera Wiltshire, children of the late David Wiltshire, formerly Clerk, 4th Class, Audit Office, Department of the Treasury, Victoria | 72 |
| £2,842 |
Overview
The Officers Compensation Act 1909 was enacted by the Commonwealth Parliament to provide financial compensation to the widows and families of certain deceased officers of the Commonwealth, as well as to some officers who had retired. This legislation was introduced to address the need for a structured and formalised system of compensation for those who had served in various capacities within the federal government, ensuring that their families would receive financial support in the event of the officer's death or retirement. The act was assented to on 13th December, 1909, and the policy objective was clearly to offer a tangible form of recognition and support for the sacrifices made by these officers and their families in the service of the nation.
Scope and Application
The Officers Compensation Act 1909 applies to specific officers of the Commonwealth, their widows, and, in some instances, their children, who have served in various military and civilian roles across different states of Australia. The Act mandates payments from the Consolidated Revenue Fund for compensation to be paid upon the retirement or death of these officers. Geographic and jurisdictional reach of the Act is federal, applying across multiple states including New South Wales, Victoria, Queensland, and South Australia, reflecting its Commonwealth nature. Notably, the Act provides for payments to widows and children of deceased officers, and in some cases, to surviving officers themselves, contingent upon their service history and the circumstances surrounding their retirement or death. The Act does not explicitly state any exclusions or exemptions, implying that those fitting the criteria outlined in the legislation are entitled to the specified compensation. While the Act itself lists specific beneficiaries and payments, it also indicates the flexibility for further appropriations or adjustments through subordinate instruments, although this aspect is not further elaborated within the text.
Key Provisions
The Officers Compensation Act 1909 (section 1) establishes the framework for compensation payments to be made to the widows and dependents of deceased officers and to certain officers themselves upon retirement. The Act specifies the amounts to be paid from the Consolidated Revenue Fund, which are appropriated accordingly (section 2). For example, the widow of Sergeant-Major R. D. Fraser is to receive an additional £510, and the widow of Captain Colquhoun is to receive £600. These payments are to be in addition to any other gratuities or compensations already granted under previous legislation.
The Act imposes the obligation on the Commonwealth to make these payments out of the Consolidated Revenue Fund as outlined in the operative sections (section 2). This involves the Treasurer of the Commonwealth ensuring that the designated sums are disbursed to the rightful recipients, who are typically the widows or children of deceased officers or the officers themselves in cases of retirement. The Treasurer is also responsible for appointing trustees where necessary to manage payments intended for the benefit of minor children.
There are no specific offences, penalties, or consequences for breach outlined in the Act itself. However, non-compliance with the requirements to make the specified payments could potentially result in legal challenges or administrative actions by the affected parties. The maximum penalties for any related offences would be determined by the applicable laws at the time of any such action. The Act focuses primarily on the allocation of funds and the disbursement process rather than punitive measures.