Repatriation (Staff) Regulations (Amendment)

Legislation au C1934L00150 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 150.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1934.*

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 1920-1934.

Dated this fifth day of December, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

H. V. C. THORBY

for Minister of State for Repatriation.

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Amendment of Repatriation (Staff) Regulations.†

1. Repatriation (Staff) Regulation 3 is amended by omitting from the definition of “The Act” the figures “1931” and inserting in their stead the figures “1934”.

2. Repatriation (Staff) Regulation 65 is amended by omitting sub-regulation (17) and inserting in its stead the following new sub-regulation:—

“(17.) Where an officer, while on duty at a temporary station, returns to his home or head-quarters for his own convenience for weekends or public holidays without expense to the Department for conveyance, travelling allowance may be continued to the officer for a period not exceeding four calendar days absence from his temporary station.”

3. Repatriation (Staff) Regulation 80 is amended by inserting after the word “overtime” in the first line of the proviso to sub-regulation (1.) the words “worked”.

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 Repatriation (Staff) Regulation 81 is repealed and the following regulation inserted in its stead:—

Leave for defence purposes.

81.—(1.) Leave of absence for the purpose of attending Naval, Military or Air Force training may be granted under the following conditions by the Deputy Commissioner in any year ending on the thirtieth day of June to an officer who is a member of the Defence Force:—

(a) For attendance for training of the officer’s unit or corps—With full pay for the minimum annual training required in the year of his unit or corps.

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* Notified in the Commonwealth Gazette on 6th December, 1934.

† Statutory Rules, 1928. No. 60, as amended by Statutory Rules, 1929, Nos. 128 and 180: 1930, No. 116; 1931, Nos. 67, 68 and 155; 1932, Nos. 55, 68, 120 and 187; 1933, Nos. 68 and 71; 1934, Nos. 55 and 96.

5371.—Price 3d.


(b) For attendance at one school class, or course of instruction in the year—With full pay for two days, and without pay for any additional period for which the officer’s attendance is required:

Provided that 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:

Provided also that if it would not be in the public interest to grant leave of absence under this regulation to an officer for the purpose of attending a camp, school, class, or course of instruction of his own unit or corps, the Deputy Commissioner may grant in lieu leave of absence as prescribed in this regulation for the purpose of attending an equivalent camp, school, class, or course of instruction of another unit or corps.

(2.) Leave of absence granted with pay under this regulation shall not be deducted from recreation leave.

(3.) 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 of leave with full pay granted under this regulation 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 this amount of the difference.

(4) 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.

(5.) This regulation shall be deemed to have come into operation on the fourteenth day of August, 1934.”

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Australian Soldiers’ Repatriation Act 1920-1934 was enacted to address the needs of Australian soldiers who returned from military service and required support for their rehabilitation, resettlement, and ongoing care. The Australian Parliament introduced this Act to ensure that soldiers who had served their country were provided with adequate support and services to assist them in readjusting to civilian life. The Statutory Rules of 1934, No. 150, issued under the authority of the Governor-General, reflect amendments made to existing regulations to better align them with the current legislative framework. The policy objective of these regulations is to streamline the administration of benefits and allowances for military personnel, ensuring that they receive the support they need in a timely and efficient manner.

Scope and Application

These regulations, made under the Australian Soldiers’ Repatriation Act 1920-1934, apply to officers and staff involved in the administration and provision of services under the Act. This includes both permanent and temporary employees of the relevant authorities. The regulations primarily pertain to the conditions under which leave can be granted to officers for training purposes, specifying the pay conditions and duration of such leave. The application of these regulations extends across the Commonwealth of Australia, thereby encompassing all states and territories. The regulations explicitly exclude other forms of leave not related to defence training, and they delineate specific conditions and limitations on the leave granted, including the circumstances under which sick leave or leave without pay may be applicable. The regulations also incorporate amendments to previous regulations, updating references and modifying certain provisions to reflect current practices and policies. The scope of these regulations can be further extended or refined through subordinate instruments, which may introduce additional details or modifications to the existing provisions.

Key Provisions

The key operative sections of these Regulations under the Australian Soldiers’ Repatriation Act 1920-1934 primarily concern the amendment and replacement of specific provisions related to the entitlements of officers and staff within the Repatriation Department. Regulation 3 updates the reference to the Act from 1931 to 1934. Regulation 65 introduces a new sub-regulation allowing officers to continue receiving travel allowances for up to four days when they return home for weekends or public holidays while stationed temporarily, provided the Department incurs no travel expenses. Regulation 80 modifies the interpretation of "overtime worked" in sub-regulation (1). Regulation 81, previously concerning leave for defence purposes, is repealed and replaced with new provisions under the same number, which detail conditions for granting leave for training purposes to Defence Force members. These Regulations impose specific obligations on the parties involved, particularly the Deputy Commissioner, who is responsible for granting leave of absence for training purposes under Regulation 81. The Deputy Commissioner must ensure that officers provide evidence of the necessity for their attendance and produce certificates of attendance upon the completion of the training. Additionally, the Regulations mandate that leave granted with pay under this regulation should not be deducted from an officer's recreation leave. For temporary employees, leave can only be granted until the date when their services are no longer required. Failure to comply with these Regulations may result in administrative or disciplinary actions, though the specific penalties are not detailed within the text. The Regulations do not explicitly mention offences, penalties, or civil/criminal consequences for breach, suggesting that the primary focus is on administrative compliance rather than punitive measures. However, non-compliance with conditions set out in these Regulations could potentially lead to the withholding of entitlements or other administrative repercussions, as is typical in public service regulations.

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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.