STATUTORY RULES.
1926. No. 54.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 Defence Act 1903-1918, to come into operation forthwith.
Dated this twenty-eighth day of April, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
NEVILLE HOWSE,
Minister of State for Defence.
Regulations for the Royal Military College of Australia 1921.
(Statutory Rules 1921, No. 129, as amended to this date.)
Amendments.
1. The Regulations for the Royal Military College of Australia 1921 are amended by repealing regulations 30 and 31 and substituting the following regulations:—
“30. (1) Members of the civil teaching staff at the College shall be appointed by the Governor-General.
(2) The appointment of a member of the civil teaching staff at the College appointed after the commencement of this regulation shall be on probation for twelve months, and shall, on the expiration of that period, be terminated unless sooner confirmed.”
“31. (1) A member of the civil teaching staff at the College may resign his appointment by giving six months’ notice in writing under his hand to the Commandant of the College.
(2) The appointment of a member of the civil teaching staff at the College may, on the recommendation of the Commandant of the College, be terminated at any time for inefficiency in the performance of his duties, for physical unfitness or for misconduct.”
“31a. (1) Subject to this regulation members of the civil teaching staff at the College shall retire on reaching the age of sixty years.
(2) A professor of the civil teaching staff at the College, who has attained the age of sixty years, may, if certified on each occasion by the Commandant to be efficient and capable in every respect of performing the duties of his office and by a medical officer to be medically fit for those duties, be permitted by the Governor-General to continue in office for successive periods, not exceeding twelve months at one time, until he attains the age of sixty-two years.”
2. Every right, privilege, obligation and liability under the regulations hereby repealed are determined.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926, No. 54, enacted by the Governor-General in Council under the Defence Act 1903-1918, were introduced to amend the Regulations for the Royal Military College of Australia 1921. This legislative instrument was created to revise the terms of appointment, resignation, and retirement for civil teaching staff members at the College. The objective of these amendments was to provide a more structured and formal process for the management of the civil teaching staff, including probationary periods for new appointments, specified notice periods for resignations, and provisions for continued service under certain conditions for professors. The regulations were designed to ensure that the civil teaching staff operates efficiently and effectively within the military college framework.
Scope and Application
The Statutory Rules 1926, No. 54, made under the Defence Act 1903-1918, concern amendments to the Regulations for the Royal Military College of Australia 1921. These regulations primarily apply to the civil teaching staff of the Royal Military College, determining their appointment, conditions of service, and retirement. The Governor-General appoints members of the civil teaching staff, who serve on probation for the first twelve months. Their appointments can be terminated for reasons such as inefficiency, physical unfitness, or misconduct, with the Commandant's recommendation. Staff members must give six months' written notice to resign. The regulations also set the mandatory retirement age for civil teaching staff at sixty years, though professors may continue serving for up to two additional years if deemed efficient and medically fit by the Commandant and a medical officer, subject to the Governor-General's approval. These rules effectively replace the previous regulations, ensuring that all rights, privileges, obligations, and liabilities under the repealed regulations are determined by these new provisions.
Key Provisions
The key provisions of this legislation (Regulations for the Royal Military College of Australia 1921) primarily concern the appointment, probation, resignation, termination, and retirement of civil teaching staff at the Royal Military College of Australia. Regulation 30 (1) states that civil teaching staff must be appointed by the Governor-General, and regulation 30 (2) stipulates that appointments made after the commencement of this regulation will be on probation for twelve months, subject to confirmation unless terminated earlier. Regarding resignation, regulation 31 (1) requires civil teaching staff to give six months' written notice to the Commandant if they wish to resign. Regulation 31 (2) provides that the Commandant may terminate an appointment for inefficiency, physical unfitness, or misconduct. Retirement provisions are detailed in regulation 31a, which states that civil teaching staff must retire at sixty years old, but a professor may continue for up to twelve months at a time, up to the age of sixty-two, if deemed efficient and medically fit by the Commandant and a medical officer, respectively.
The obligations imposed by these regulations on the parties involved, specifically the civil teaching staff, include adhering to the terms of their appointment on probation, providing six months' written notice of resignation, and potentially facing termination for inefficiency, physical unfitness, or misconduct. Professors, in particular, must meet the criteria of being deemed efficient and medically fit by the Commandant and a medical officer to continue working past the age of sixty.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in these regulations for breaches of the provisions. However, the termination of appointments due to inefficiency, physical unfitness, or misconduct can be seen as a significant consequence for the civil teaching staff. The regulations do not specify any maximum penalties for non-compliance, but it can be inferred that failure to meet the terms of appointment, resignation, or continued employment past the age of sixty-two could result in the loss of employment or other disciplinary actions as deemed appropriate by the Commandant and the Governor-General.