STATUTORY RULES.
1930. No. 139.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Defence Act 1903-1927, to come into operation as from 1st July, 1930.
Dated this twenty-eighth day of November, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Regulations for Civilian Staff (Other than Government Factories) Under Defence Act, Section. 63.
(Statutory Rules 1926, No. 209, as amended to date.)
Amendment.
Regulation 59 is amended by inserting next after sub-regulation. (2.) thereof the following sub-regulation:—
“(2a.) Where an officer who is not eligible for leave of absence under the last preceding regulation is permitted to retire or is retired from the Service in pursuance of the decision of the Government to re-organize and retrench the Department of Defence, the Minister may authorize payment to him of a sum equivalent to the pay for a period of leave not exceeding that for which, had he attained the age of 60 years, he would have been eligible under sub-regulation (1) of this regulation.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 139, introduced regulations under the Defence Act 1903-1927 to address the need for structured provisions governing the retirement of civilian staff within the Department of Defence. Enacted by the person administering the Government of the Commonwealth of Australia, with advice from the Federal Executive Council, these regulations aimed to provide clarity and financial support to civilian staff who were retrenched as part of a government decision to reorganise and reduce the department. The policy objective was to ensure that affected staff received appropriate compensation in lieu of leave entitlements, thereby mitigating the financial impact of their retrenchment. These regulations came into effect on 1st July, 1930, as a necessary response to the evolving needs of the Defence Department during that period.
Scope and Application
The Statutory Rules 1930, No. 139, issued under the Defence Act 1903-1927, primarily pertain to civilian staff within the Department of Defence, excluding personnel employed in government factories. These regulations amend the existing rules to provide specific provisions for officers who are not eligible for leave of absence but are permitted to retire or are retired due to the government's decision to reorganise and reduce the workforce in the Department of Defence. The amendment allows the Minister to authorise payment to such officers of a sum equivalent to the pay for a period of leave, which would have been applicable if the officer had reached the age of 60 years. This regulation underscores the federal jurisdiction of the Commonwealth of Australia, ensuring that the provisions are applicable across the nation in alignment with the overarching Defence Act. These regulations do not explicitly exclude any particular groups or circumstances beyond those already mentioned, and the scope of application is further refined through subordinate instruments as needed.
Key Provisions
The main operative sections of these regulations (Regulation 59, as amended) pertain to the financial provisions for civilian staff in the Department of Defence who are retiring under a government decision to re-organise and retrench the department. Specifically, sub-regulation (2a) introduces a new financial arrangement for officers who are not eligible for leave of absence under the preceding regulation but are being permitted to retire or are being retired from service due to departmental restructuring. This sub-regulation allows the Minister to authorise a payment to such an officer equivalent to the pay for a period of leave not exceeding what they would have been eligible for if they had attained the age of 60 years (Regulation 59(1)).
These regulations impose several obligations and requirements on the parties involved, particularly the Minister and the civilian staff members affected by the re-organisation and retrenchment. For the Minister, the key obligation is to ensure that the payment authorised under sub-regulation (2a) is calculated correctly and paid to the eligible officer. This involves assessing the officer’s service, determining their eligibility under the new sub-regulation, and authorising the appropriate financial payout. For the civilian staff members, their main requirement is to ensure that they meet the eligibility criteria specified in the regulations, such as not being eligible for leave of absence under the preceding regulation and being retired or permitted to retire due to departmental restructuring.
The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any failure by the Minister to adhere to the provisions of sub-regulation (2a) in authorising the correct payment could potentially result in financial discrepancies or disputes. While the regulations do not specify maximum penalties, breaches of such financial obligations could lead to legal challenges or administrative reviews to ensure compliance with the authorised payment provisions. Therefore, it is crucial for the Minister to ensure accurate and timely payments to avoid any potential legal or administrative repercussions.