Repatriation (Staff) Regulations (Amendment)

Legislation au C1931L00155 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 155.

 

REGULATION UNDER THE AUSTRALIAN SOLDIERS’

REPATRIATION ACT 1920–1931.

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 1920–1931, to come into operation forthwith.

Dated this tenth day of December, 1931.

ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

J. McNEILL

Minister for Repatriation.

 

Amendment of Repatriation (Staff) Regulations.

(Statutory Rules. 1928, No. 60, as amended to this date.)

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

“(3.) When reporting to the Commission that, in his opinion, the staff at a Branch Office, Institution, or Factory may be reduced, the Deputy Commissioner shall furnish his recommendation as to the officer whose services should be dispensed with, and shall give the reasons for the recommendation.”

2. Repatriation (Staff) Regulation 37 is repealed and the following Regulation inserted in its stead:—

“37. The Branch Offices shall be open to the public for the transaction of business from 9 a.m. to 4.45 p.m. on Mondays to Fridays, inclusive.”

3. Sub-regulation (1.) of Repatriation (Staff) Regulation 38 is repealed and the following sub-regulation inserted in its stead:—

“(1.) The hours of attendance to be observed at Branch Offices shall, subject to these Regulations, be from 8.45 a.m. to 5.6 p.m. on Mondays to Fridays inclusive, with an interval of one hour for luncheon.”

4. Repatriation, (Staff) Regulation 67 is amended by deleting from sub-regulation (1.) the figures and words “8 a.m. and 5 p.m.” and inserting in, their stead the figures and words “7.30 a.m. and 6 p.m.”

5. Repatriation (Staff) Regulation 75 is amended by omitting the word “Junior” from the third line of sub-regulation (9.).

3755.—Price 3d


6. Repatriation (Staff) Regulation 79 is amended by substituting the words “three weeks” for the words “eighteen days” in the third line of sub-regulation (1.).

7. Repatriation (Staff) Regulation 83 is amended by substituting the words “two weeks” for the words “twelve working days”, where occurring.

8. Repatriation (Staff) Regulation 99 amended by substituting the words “three weeks’ ” for the words “eighteen days’ ” in the third and fourth lines of sub-regulation (1.).

9. Repatriation (Staff) Regulation 93 is amended by deleting the words “by any person seeking admission to the Commission’s service” and inserting in their stead the words “any other person”.

10. Sub-regulations (3.) and. (4.) of Repatriation (Staff) Regulation 62 are repealed.

11. Repatriation (Staff) Regulation 81 is repealed and the following Regulation inserted in its stead:—

“81.—(1.) Leave of absence for the purpose of attending Naval, Military or Air Force training may be granted by the Deputy Commissioner to an officer who is a member of the Defence Force, but the total period of leave in any year ending on the thirtieth day of June shall not exceed the absence that is necessary to enable the officer to attend the minimum annual training required in that year of members of his unit or corps and one school, class or course of instruction. Evidence of the necessity for such attendance shall be submitted with an officer’s application, and at the conclusion of the camp, school, class, or course of instruction, the officer shall produce to the Deputy Commissioner a certificate of attendance thereat.

(2.) Leave of absence granted in pursuance of the last preceding sub-regulation may, at the option of the officer, be deducted from recreation leave due, and in respect of the period so deducted, shall be granted with full pay. If not so deducted, it shall be granted without pay, unless during the absence the officer is paid as a member of the Defence Forces and the amount received by him, excluding pay for Sundays and holidays, is less than the amount of civil pay he would receive for a like period of recreation leave, in which case he shall be paid the difference. For the purpose of computing the difference, pay as a member of the Defence Force includes all remuneration received, exclusive of lodging and clothing allowances, and any meal allowance or allowance in lieu of rations.

(3.) Upon production of evidence that attendance is necessary, leave of absence with full pay may be granted by the Deputy Commissioner—

(i) to officers who are Senior Cadets, to perform the annual training under Defence Act 1903–1927 which the officers are required to perform within ordinary hours of duty; and

(ii) to officers who are serving with cadet units, for the purpose of attending cadet training.


(4.) Leave of absence shall not be granted under this Regulation in respect of any period of training required of an officer for failure to become efficient as a member of the Defence Force, or while he is undergoing detention or training for an offence committed as such member.

(5.) An officer who while undergoing the training referred to in this Regulation, sustains injury or contracts illness necessitating his absence from duty beyond the period required for such training, may be granted leave on the following terms:—

(a) If compensation is not paid to the officer by the Department of Defence in respect to such absence, the leave may be granted as sick leave.

(b) If compensation is paid, and is equal to or exceeds the amount of remuneration which the officer would have received had he been granted sick leave, the leave shall be granted without pay.

(c) If compensation is paid, and is less than the amount of remuneration which the officer would have received had he been granted sick leave, he shall be paid the difference, and his sick leave credit shall be reduced as if he had been granted sick leave with pay corresponding to the amount of the difference.

(6.) This Regulation shall apply to temporary employees:

Provided that where the employee’s services are not further required, leave shall only be granted to the date on which he would have ordinarily ceased duty.”

 

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

 

Overview

The Australian Soldiers’ Repatriation Regulations 1931 were enacted to amend the Repatriation (Staff) Regulations under the Australian Soldiers’ Repatriation Act 1920–1931. The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, introduced these regulations to address various administrative and operational aspects of staff management within the Repatriation Commission. These changes aimed to streamline reporting procedures, adjust working hours for staff and offices, and refine the criteria and conditions under which leave could be granted to officers, including those who are members of the Defence Force or serving with cadet units. The overarching policy objective was to ensure efficient and fair management of staff within the Repatriation Commission while supporting the needs of personnel, particularly those involved in Defence Force training.

Scope and Application

The Australian Soldiers’ Repatriation Act 1920–1931 is enacted to provide for the repatriation of soldiers who have served in the Australian Defence Force, including their rehabilitation and resettlement. The act applies to all eligible ex-servicemen, their widows, dependents, and other persons as defined within the act. It covers conduct and transactions related to the provision of medical, psychological, financial, and vocational assistance to these individuals. The legislation operates on a Commonwealth level, extending its jurisdiction across Australia. However, the specific regulations and administrative details are managed at a state level through the Repatriation (Staff) Regulations, which can be amended as demonstrated by Statutory Rules 1931, No. 155. These regulations primarily concern the operational procedures of the Department of Repatriation, including staffing hours, leave entitlements, and administrative processes. The scope of the act is further refined and extended through subordinate instruments, ensuring that it remains relevant and adaptable to changing circumstances and needs of the veteran community.

Key Provisions

The key provisions of the Australian Soldiers' Repatriation Act 1920–1931 as amended by the Statutory Rules 1931, No. 155, are detailed in the new regulations under the Act. Firstly, Regulation 14 now requires the Deputy Commissioner to recommend an officer for dismissal when suggesting a reduction in staff at a Branch Office, Institution, or Factory, along with providing reasons for the recommendation (Regulation 14(3)). Regulation 37 mandates that Branch Offices must be open to the public for business from 9 a.m. to 4.45 p.m. on weekdays (Regulation 37). Furthermore, Regulation 38 stipulates that staff at Branch Offices must attend from 8.45 a.m. to 5.6 p.m. with a one-hour break for lunch (Regulation 38(1)). Other amendments include adjusting the opening hours of Branch Offices (Regulation 67), modifying the leave entitlements for Defence Force members (Regulation 81), and updating the duration of leave periods (Regulations 67, 79, 83, 93, 99). These regulations impose specific obligations on the Deputy Commissioner and staff members at Branch Offices, Institutions, and Factories. The Deputy Commissioner must now provide detailed recommendations for staff reductions and approve leave for Defence Force members based on specific criteria. Staff members are required to adhere to the revised working hours and attendance schedules. Additionally, Defence Force members must submit evidence of the necessity for training and present certificates of attendance upon their return. Temporary employees are also subject to these regulations, but leave may only be granted until the date when their services would have otherwise ceased. Violations of these regulations may lead to various consequences. While specific penalties are not detailed in the text, breaches of these administrative provisions could potentially result in disciplinary actions against staff members or Deputy Commissioners who fail to comply with the stipulated requirements. Such actions could include formal reprimands, suspension, or termination of employment. Moreover, Defence Force members not adhering to the leave and attendance requirements might face administrative penalties or loss of benefits. The exact nature and severity of these penalties would depend on the specific circumstances and the interpretation by the relevant authorities under the Act.

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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.