STATUTORY RULES.
1930. No. 29
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REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby amend the following Regulations under the Defence Act 1903-1927, to come into operation forthwith.
Dated this twenty-sixth day of March, 1930.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.
(Statutory Rule 1926, No. 209, as amended to date.)
Amendments.
Delete Regulation 15, and heading, and insert the following in lieu thereof:—
“Retirement of officers or employees.
15.—(1.) Every officer or employee having attained the age of sixty years shall be entitled to retire from the Service if he desires so to do; but any such officer or employee may (unless retired as hereinafter provided) continue in the Service until he attains the age of sixty-five years.
(2.) If any officer or employee continues in the Service after he has attained the age of sixty years, he may at any time before he attains the age of sixty-five years be retired from the Service.
15a. When an officer or employee has attained the age of sixty-five years and in the opinion of the Minister it is desirable in the interests of the Commonwealth that the officer or employee should continue in the performance of the duties of his office, and the officer or employee is able and willing to do so, the Minister may direct the officer or employee to continue in his office for a fixed time not exceeding twelve months, otherwise every officer or employee on attaining sixty-five years of age shall retire from the Service.
Report on officer or employee on attainment of 60 years of age.
15b. When any officer or employee attains the age of sixty years the Chief Officer shall report to the Secretary as to the willingness and fitness of such officer or employee to continue to perform the duties of his position.
Return of officers and employees over 60 years of age.
15c.—(1.) The Chief Officer shall furnish the Secretary, in the month of April in each year, with a return of officers and employees who have attained the age of sixty years or over, together with a report in each case as to whether the officer or employee is able and willing to continue to perform his duties.
(2.) If the Chief Officer is of the opinion that any officer or employee should be retired on account of inability to perform his duties, he shall recommend accordingly, stating his reasons for so doing.”
Amend Regulation 7 by deleting the following:—
“Annually.
Return of Officers over 60 years of age. | Secretary. | April of each year.” |
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 29, under the Defence Act 1903-1927, were enacted to revise the regulations governing the retirement of civilian staff in the Defence Department, excluding those in government factories. These amendments were introduced by the Governor-General in Council and were aimed at updating the existing rules concerning the retirement of officers and employees within the Defence Service. The primary objective was to provide clearer guidelines on the retirement process, including the mandatory retirement age of sixty-five years, the conditions under which an employee might be allowed to continue beyond this age, and the process for reporting on and reviewing the fitness of employees over the age of sixty. These regulations were designed to ensure that the Defence Department could effectively manage its workforce by setting clear, age-based retirement criteria and providing a structured approach to assessing employee capability as they approached retirement age.
Scope and Application
The Statutory Rules 1930 No. 29, which amend the Regulations under the Defence Act 1903-1927, outline specific provisions concerning the retirement of civilian officers and employees within the defence sector. These regulations apply to all officers and employees who have reached the age of sixty years, allowing them the option to retire if they wish, while also permitting them to continue serving until they reach sixty-five years of age. However, the Minister holds the authority to direct an officer or employee to continue in their role for up to twelve months beyond the age of sixty-five if deemed necessary in the interests of the Commonwealth and if the individual is deemed fit and willing to perform their duties. Each April, the Chief Officer must submit a report to the Secretary detailing officers and employees aged sixty years or older, along with assessments of their fitness and willingness to continue their roles. This legislative instrument governs the retirement protocols for civilian staff in the defence sector, excluding government factories, and provides a structured approach to managing the transition of older employees while ensuring the operational needs of the Commonwealth are met.
Key Provisions
The regulations set forth in Statutory Rule 1926, No. 209, as amended, under the Defence Act 1903-1927, primarily address the retirement provisions for civilian staff, specifically those who are not employed in government factories. Section 15(1) establishes that any officer or employee who reaches the age of sixty is entitled to retire if they wish to do so, but they can also continue to serve until they turn sixty-five. If an individual remains in service past the age of sixty, they can be retired at any point before reaching sixty-five. Section 15a provides that if an officer or employee is deemed capable and willing by the Minister to continue their duties, and it is deemed in the Commonwealth's interest, they may be directed to serve for a period not exceeding twelve months after turning sixty-five; otherwise, they must retire upon reaching this age. Additionally, section 15b mandates that when an officer or employee turns sixty, the Chief Officer must report to the Secretary regarding the individual’s fitness and willingness to continue in their role.
These regulations impose specific obligations on both the Chief Officers and the Secretary. As per section 15c(1), Chief Officers are required to submit an annual report in April to the Secretary detailing all officers and employees who have reached the age of sixty or more, accompanied by an assessment of their ability and willingness to continue performing their duties. If a Chief Officer believes that an individual should be retired due to incapacity, they must recommend this course of action, providing detailed reasons for their recommendation.
Failure to comply with these regulations may not explicitly outline specific penalties or consequences within the text provided. However, non-compliance could potentially result in administrative or disciplinary actions under broader Defence Act provisions or relevant employment regulations. The primary focus of these regulations is to ensure that the Defence service maintains an efficient and capable workforce while providing fair retirement options to its employees.