STATUTORY RULES.
1947. No. 51
–––––––––
REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Re-establishment and Employment Act 1945.
Dated this twenty-third day of April, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Post-war Reconstruction.
––––––––
Re-establishment and Employment (Leave) Regulations.
Citation.
1. These Regulations may be cited as the Re-establishment and Employment (Leave) Regulations.
Definition.
2. In these Regulations “the Act” means the Re-establishment and Employment Act 1945, as amended for the time being, whether by any other Act or by regulations under the Re-establishment and Employment Act 1945.
Allowances included in pay for the purposes of section 65.
3. For the purposes of section 65 of the Act, “pay” includes such allowances (other than field allowance and exchange allowance) as would have been payable under the Naval Financial Regulations, the War Financial (Military Forces) Regulations or the Air Force (War Financial) Regulations, as the case may be, to the member of the Forces in respect of leave of absence with pay, if that leave had been granted and completed immediately prior to the termination of his period of service.
Dependants allowance where payment is made under section 65.
4. Where payment is made to any member of the Forces in pursuance of section 65 of the Act, the person to whom any dependants allowance was payable in respect of any dependant of the member immediately prior to the termination of the member’s period of service shall be paid a sum equivalent to the amount of the allowance, at the
*Notified in the Commonwealth Gazette on , 1946.
7257.—Price 3d. 12/14.11.1946.
rate payable immediately prior to the termination of the member’s period of service, for a period equal to the period of leave of absence in lieu of which the member is paid under that section:
Provided that, if in the opinion of a prescribed authority within the meaning of the War Financial (Military Forces) Regulations or the Air Force (War Financial) Regulations, as the case requires, payment cannot be made to the person to whom the allowance was payable or the circumstances do not justify such payment, the prescribed authority may direct that payment of that sum be made to the member or some other person.
Prescribed authorities.
5. For the purposes of Division 1 of Part VI. of the Act, a prescribed authority shall be—
(a) in relation to the Naval Forces—the Naval Board;
(b) in relation to officers of the Military Forces—the Adjutant-General ;
(c) in relation to any member of the Military Forces other than an officer—the officer who authorizes the discharge of the member; and
(d) in relation to the Air Force—the Director of Personal Services.
––––––––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Re-establishment and Employment (Leave) Regulations 1947 were made under the authority of the Re-establishment and Employment Act 1945. The regulations were enacted to address issues concerning the leave entitlements of members of the Australian Defence Force at the conclusion of their service, particularly in relation to the payment of allowances and the continuity of such benefits during the transition from military to civilian life. The enacting body was the Governor-General in Council, and the policy objective was to ensure that service members received fair and consistent treatment in the settlement of their leave-related financial obligations upon leaving the forces. These regulations provided a framework to define what constitutes "pay" for the purposes of leave settlement and established the conditions under which dependants' allowances would be paid when a member of the Defence Force is compensated for leave not taken.
Scope and Application
The Re-establishment and Employment (Leave) Regulations, made under the Re-establishment and Employment Act 1945, apply to members of the Australian Forces, specifically to their leave entitlements and associated allowances as they transition out of active service. These Regulations are applicable to the Commonwealth and are intended to ensure that members receive appropriate leave benefits and allowances as they leave service, including payments related to dependants and other financial entitlements. The Regulations extend to cover the leave period and associated allowances that would have been payable had the leave been granted and completed immediately prior to the termination of the member's period of service. The scope of the Regulations includes the definition of allowances included in "pay" for the purposes of section 65 of the Act, which explicitly includes allowances such as those under the Naval Financial Regulations, War Financial (Military Forces) Regulations, and Air Force (War Financial) Regulations, excluding field and exchange allowances. Furthermore, the Regulations address the payment of dependants' allowances to the appropriate parties, with provisions allowing for alternative payments if circumstances deem it necessary or if the original payee cannot be paid. The application of these Regulations is overseen by prescribed authorities designated for each branch of the military, ensuring that the provisions are implemented appropriately and fairly.
Key Provisions
The Re-establishment and Employment (Leave) Regulations, made under the Re-establishment and Employment Act 1945, set out specific provisions regarding the inclusion of allowances in pay for leave purposes, as well as the payment of dependants allowances during leave. Section 3 of the Regulations defines “pay” for the purposes of section 65 of the Act, which includes certain allowances that would have been payable to the member of the Forces had they been granted immediately prior to the termination of their service. This encompasses allowances such as those under the Naval Financial Regulations, War Financial (Military Forces) Regulations, and Air Force (War Financial) Regulations, excluding field and exchange allowances.
Section 4 addresses the payment of dependants allowances during leave. It stipulates that when payment is made to a member of the Forces pursuant to section 65, the person who was entitled to the dependants allowance prior to the termination of the member's service must receive a sum equivalent to that allowance for the period of leave. The Regulations provide for flexibility in determining who receives these payments, allowing prescribed authorities to direct that the sum be paid directly to the member or another person if they deem it necessary or if circumstances do not justify payment to the original recipient.
The obligations imposed by these Regulations on parties include ensuring that the correct allowances are included in the calculation of pay for leave purposes and that dependants allowances are paid correctly. Section 5 identifies the prescribed authorities responsible for making decisions regarding the payment of dependants allowances, such as the Naval Board, Adjutant-General, the officer authorizing discharge for non-officer members of the Military Forces, and the Director of Personal Services for the Air Force.
The Regulations do not explicitly detail offences or penalties for non-compliance, but given their nature, breaches could potentially lead to civil or administrative consequences under the broader Re-establishment and Employment Act 1945. The maximum penalties for such breaches would be determined by the overarching Act rather than the specific Regulations.