Repatriation (Staff) Regulations (Amendment)

Overview

The Regulations under the Australian Soldiers’ Repatriation Act 1920-1931 were enacted in 1933 to provide amendments to existing staff regulations within the Repatriation Department. This legislative instrument was made by the Governor-General in Council, Isaac Isaacs, on the advice of the Minister of State for Repatriation, C.W.C. Marr. The primary objective of these regulations was to address administrative and financial adjustments concerning staff, particularly in response to economic changes as indicated by the retail price index. One significant change was the introduction of a new regulation requiring officers summoned as jurors to notify the Deputy Commissioner and granting them leave with full pay. Additionally, the regulations included provisions for adjusting salaries based on the retail price index, ensuring that staff remuneration remained aligned with economic conditions. The policy objective behind these amendments was to ensure that the Repatriation Department could continue to operate efficiently and fairly amidst economic fluctuations, while also accommodating the legitimate demands of its staff, such as those required to serve as jurors. By tying salary adjustments to the retail price index, the regulations aimed to maintain the purchasing power of staff incomes in response to inflation or deflation.

Scope and Application

These regulations made under the Australian Soldiers’ Repatriation Act 1920-1931 apply to officers within the Repatriation Department who are summoned as jurors, as well as staff employed at branch offices, institutions, and factories. Specifically, the regulations address the granting of leave for officers who are jurors and establish a mechanism for varying salaries based on the retail price index numbers published by the Commonwealth Statistician. The new regulations supersede previous provisions and come into effect immediately. The application of these regulations is limited to the Commonwealth and its relevant departments, and they do not specify any exclusions or exemptions. The regulations may be further extended or modified through subsequent subordinate instruments.

Key Provisions

The Regulations under the Australian Soldiers’ Repatriation Act 1920-1931, as set out in Statutory Rules 1933, No. 71, introduce specific amendments to the Repatriation (Staff) Regulations. Firstly, a new regulation, 44a, is inserted to address the situation where officers are summoned as jurors. According to section 44a(1), these officers must promptly notify the Deputy Commissioner of their summons. Furthermore, section 44a(2) mandates that officers summoned as jurors shall be granted leave of absence for the period necessary for their attendance in court, with full pay, except for any compensation they receive for such attendance. It is noteworthy that this regulation applies to temporary employees as well, as stated in section 44a(3). These Regulations impose specific obligations on officers who are summoned as jurors. Primarily, they must notify the Deputy Commissioner promptly, as per section 44a(1). Additionally, they are entitled to leave of absence with full pay, minus any compensation received for their court attendance, as stipulated in section 44a(2). This regulation also extends to temporary employees, as indicated in section 44a(3). Furthermore, Regulation 62 is repealed and replaced with a new regulation that links salary variations to the retail price index number for the six State capital cities of the Commonwealth. This new regulation, section 62(1), outlines how salaries for staff at branch offices, institutions, and factories will be adjusted based on the index number published by the Commonwealth Statistician. The Regulations also detail the consequences for breaches of the provisions. Although the specific penalties for non-compliance are not explicitly stated in the text, it is reasonable to infer that failure to comply with the obligations to notify the Deputy Commissioner, or to adhere to the leave and salary adjustment provisions, could result in administrative penalties. These might include fines or other administrative sanctions, as typically provided under the overarching legislation, the Australian Soldiers’ Repatriation Act 1920-1931. The specific penalties would be determined in accordance with the provisions of the primary Act and any relevant administrative or civil law.