Repatriation (Staff) Regulations 1928 (Amendment)

Legislation au C1929L00130 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 130.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1929.

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 Australian Soldiers’ Repatriation Act 1920-1929, to come into operation forthwith.

Dated this twenty-seventh day of November, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

FRANK ANSTEY

Minister in Charge of Repatriation.

 

Amendment of Repatriation (Staff) Regulations.

1. Regulation 14 of the Repatriation (Staff) Regulations is amended by inserting “(1)” after the figures 14.

2. Regulation 14 of the Repatriation (Staff) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2). If at any time the Commission finds that a greater number of officers of a particular classification is employed than is necessary for the efficient working of the Branch Office, Institution, or Factory, any officer whom the Commission finds is in excess may be transferred to such other position of equal classification and salary as the officer is competent to fill, and if no such position is available, the officer may be transferred to a position of lower classification and salary. If no position is available for the officer, the Commission may retire him.”

3. After Repatriation (Staff) Regulation 72, the following new Regulation is inserted:—

Salary deductions for subsistence or lodging.

“72a. The Commission may from time to time determine the rates at which deductions shall be made from the salaries of officers who are provided with either subsistence or lodging, or with both.”

4. Sub-regulations (10) and (11) of Repatriation (Staff) Regulation 79 are repealed and the following sub-regulations inserted in their stead:—

“(10) Where a classified officer submits his resignation or is to be retired owing to reduction of staff or on account of ill-health, he may be granted recreation leave due to him in respect of the calendar year in which his services terminate, provided he has reached the anniversary in that year of his appointment to the classified service, or the anniversary of the date of commencement of employment where the officer had temporary service prior to, and continuous with, classified service. An officer who submits his resignation while on recreation leave for the current year may complete the leave before his services terminate.


“(11) Recreation leave which has been deferred from a previous year or years to suit departmental convenience may be granted prior to resignation or retirement:

Provided that where the appointment of a classified officer is being terminated on account of misconduct or unsatisfactory service, recreation leave shall not be granted.”

5. Sub-regulation (3) of Repatriation (Staff) Regulation 99 is repealed.

6. Sub-regulation (5) of Repatriation (Staff) Regulation 99 is repealed.

7. After Repatriation (Staff) Regulation 99, the following new regulation is inserted:—

Continuity of service.

“99a. The Commission shall determine the conditions under which employment may be regarded as continuous for the purpose of granting sick and recreation leave to temporary employees.”

8. Repatriation (Staff) Regulation 100 is amended:—

(a) by inserting in sub-paragraph (i) of paragraph (c) of sub-regulation (1), after the word “occasions”, the words “in the preceding twelve months”;

(b) by inserting in paragraph (a) of sub-regulation (2), after the word “occasions”, the words “in the preceding twelve months”.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Regulations under the Australian Soldiers' Repatriation Act 1920-1929, enacted in 1929, address the need for administrative adjustments to the staff regulations governing the Repatriation Commission. This legislative instrument was made under the authority of the Governor-General in Council, with the intent to streamline staff management and improve the efficiency of the Repatriation Commission by allowing for the reassignment of surplus staff, establishing rates for salary deductions related to employee benefits such as lodging and subsistence, and clarifying the conditions for granting recreation leave to employees. These amendments aim to provide the Repatriation Commission with greater flexibility in managing its workforce, ensuring that staffing levels meet operational needs while also addressing the welfare of its employees through structured leave policies.

Scope and Application

The Statutory Rules of 1929, No. 130, made under the Australian Soldiers’ Repatriation Act 1920-1929, apply to the employees and operations within the Department of Repatriation, specifically concerning staff regulations. These regulations cover all officers employed in branch offices, institutions, or factories under the Department, including those with classified or temporary statuses. The legislation seeks to regulate the employment conditions, including salary deductions for those provided with subsistence or lodging, the management of recreation leave, and the determination of continuity of service for temporary employees. The application of these regulations is national, covering the entire Commonwealth of Australia, as it pertains to the uniform operation of the Department of Repatriation across the country. The regulations do not explicitly state any exclusions or thresholds but instead provide detailed conditions and procedures for specific employment scenarios. The application and scope of these regulations can be further extended or modified through subordinate instruments or amendments, ensuring the rules remain relevant and applicable to the evolving needs of the department and its staff.

Key Provisions

The Regulations under the Australian Soldiers’ Repatriation Act 1920-1929, specifically address staffing and leave policies for officers within the repatriation system. Regulation 14(2) allows the Commission to transfer officers who are deemed surplus to requirements to other positions of equal or lower classification and salary, or retire them if no positions are available. Regulation 72a gives the Commission the authority to set rates for salary deductions for officers provided with subsistence or lodging. Regulation 79(10) and (11) detail conditions for granting recreation leave upon resignation or retirement, barring its granting in cases of misconduct or unsatisfactory service. Regulation 99a establishes conditions for considering employment as continuous for leave purposes, specifically for temporary employees. Lastly, Regulation 100(1)(i) and (2)(a) modify the criteria for counting instances of absence due to illness within the preceding twelve months. These Regulations impose specific duties and conditions on the Commission regarding staff management and leave entitlements. The Commission must ensure that staffing levels are efficient and make determinations about salary deductions for certain officers. They must also manage the granting of recreation leave in accordance with the stipulated conditions and establish criteria for continuity of service for leave purposes. These obligations are aimed at maintaining operational efficiency while also considering the welfare of the officers. Breaches of these Regulations could lead to various consequences depending on the specific provision violated. While the Regulations themselves do not explicitly state penalties, breaches could potentially be subject to broader administrative actions or legal consequences under the overarching Australian Soldiers’ Repatriation Act 1920-1929 or other applicable laws. For instance, improper handling of salary deductions or leave entitlements might result in administrative penalties or legal disputes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.