STATUTORY RULES.
1947. No. 15.
REGULATION UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1946.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Australian Soldiers’ Repatriation Act 1920-1946.
Dated this nineteenth day of February, 1947.
W. DUGAN
Administrator.
By His Excellency’s Command,
H. C. BARNARD
Minister of State for Repatriation.
Amendment of the Repatriation (Staff) Regulations.†
Regulation 26 of the Repatriation (Staff) Regulations is amended by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—
Vacancies.
“(7.) Notwithstanding anything contained in this regulation, if at any time in any special case it appears expedient or desirable to appoint to a Division, other than the First Division, some person who is not in the Service, or who is not eligible under the conditions otherwise prescribed for admission to the Service, the Commission may appoint such person accordingly:
Provided that no such appointment shall be made until the Commission is satisfied that, in its opinion, there is no officer available in the Service who is as capable of filling the position to which it is proposed that the appointment shall be made.”.
* Notified in the Commonwealth Gazette on 27th February, 1947.
† Statutory Rules 1941, No. 259, as amended by Statutory Rules 1942, No. 462; 1944, No. 11; and 1946, Nos. 16 and 100.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7655.—Price 3d.
Overview
The Statutory Rules 1947 No. 15, made under the Australian Soldiers' Repatriation Act 1920-1946, were enacted to address the need for flexibility in appointing personnel to specific divisions within the Repatriation Department, particularly in exceptional circumstances. This legislative instrument was introduced to ensure that the Department could effectively fill vacancies with suitably qualified individuals who may not have been eligible under the standard conditions for admission. The regulation was made by the Governor-General in Council, with the intent to amend the Repatriation (Staff) Regulations to allow for the appointment of non-Service personnel to certain positions when deemed necessary, provided no suitably qualified Service officer was available. The policy objective behind this amendment was to maintain operational efficiency and address specific staffing needs in the Department of Repatriation.
Scope and Application
The regulation issued under the Australian Soldiers’ Repatriation Act 1920-1946 pertains specifically to amendments within the Repatriation (Staff) Regulations. This legislation applies to individuals and entities involved in the administrative processes of the Australian Repatriation Commission, particularly those concerning staffing and appointments within the Commission's divisions. The regulation allows for the appointment of individuals to Divisions other than the First Division if it is deemed expedient or desirable, provided that no suitable officers are available within the Service. This amendment is intended to ensure flexibility in staffing decisions while maintaining a standard of capability for appointees. The scope of the regulation is confined to Commonwealth jurisdiction and does not extend to state or territory levels. There are no stated exclusions or exemptions within the text, but the regulation does impose a threshold condition that must be met before any such appointment can be made. Subordinate instruments may further extend or specify the application of these regulations, thereby providing additional clarity or operational guidelines for the Commission.
Key Provisions
The Statutory Rules of 1947, specifically No. 15, under the Australian Soldiers’ Repatriation Act 1920-1946, provide an amendment to the Repatriation (Staff) Regulations. The key operative section of these regulations is Regulation 26, which has been altered to include a new sub-regulation (7). This new provision allows for the appointment of individuals to positions within divisions other than the First Division, even if these individuals are not currently serving in the relevant service or are not eligible under the usual conditions for admission. This flexibility is intended for special cases where it is deemed necessary or beneficial to hire someone with specific qualifications, provided that the Repatriation Commission is convinced that no suitable candidates within the service are available.
This amendment places a significant obligation on the Repatriation Commission to ensure that any appointments made under this special provision are justified and necessary. The Commission must determine that no qualified candidates are available within the service before approving an appointment outside the usual eligibility criteria. This requirement underscores the importance of maintaining high standards within the service while also acknowledging the need for flexibility in exceptional circumstances.
There are no specific offences, penalties, or consequences outlined for breaches of these regulations within the statutory rules themselves. However, any failure to comply with the stipulations set out in the amended regulation could potentially result in legal challenges or administrative reviews, depending on the circumstances and the impact of the non-compliance. Given the nature of the appointments under this regulation, the consequences of improper appointments could include legal disputes over the validity of the appointments, administrative actions to rectify inappropriate hires, or other repercussions arising from the non-observance of the statutory provisions.