STATUTORY RULES.
1930. No. 120.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1927, to come into operation forthwith.
Dated this fourth day of November, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Regulations for the Royal Military College of Australia.
(Statutory Rules 1926, No. 179, as amended to date.)
Amendment.
1. Statutory Rules 1930, No. 99, is repealed.
2. Regulation 31 of the Regulations for the Royal Military College of Australia is amended by adding at the end thereof the following sub-regulation:—
“ (3.) If at any time it is found that a greater number of members of the civil teaching staff is employed than is necessary for the efficient working of the College, any member of the civil teaching staff whom the Minister finds is in excess may be transferred to such other position under the Defence Act 1903-1927 or any Regulations thereunder, of equal pay, as he is competent to fill, and, if no such position is available, he may be transferred to a position under the said Act or Regulations of lower pay. If no position is available for such member, the Governor-General may retire him from the staff.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930 No. 120, enacted under the Defence Act 1903-1927, address the need for efficient management of staffing at the Royal Military College of Australia. This regulation was introduced to streamline the staffing of the civil teaching staff within the institution, ensuring that the number of personnel employed does not exceed operational requirements. The enactment was overseen by the person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective is to maintain an efficient and effective workforce by enabling the transfer or retirement of staff members when deemed surplus to requirements, thereby optimising resource allocation within the Defence framework.
Scope and Application
The regulations under the Defence Act 1903-1927, as outlined in Statutory Rules 1930, No. 120, pertain specifically to the Royal Military College of Australia and are designed to manage the staffing within the institution effectively. These regulations apply to members of the civil teaching staff who are employed at the college, ensuring that the staffing levels are appropriate for the efficient functioning of the institution. In the event that there are more civil teaching staff members than necessary, the Minister has the authority to reassign any surplus staff to another position within the Defence Act or related regulations that offers equal pay or, if no such position is available, to a position of lower pay. If no suitable reassignment can be found, the Governor-General has the power to retire the excess staff member from their position. These regulations thus establish a framework for maintaining an optimal staffing structure within the Royal Military College of Australia.
Key Provisions
The main operative sections of this legislation involve amendments to the Regulations for the Royal Military College of Australia (RMCA), specifically targeting the civil teaching staff. Regulation 31 is amended to include a provision that allows for the redeployment or retirement of surplus civil teaching staff. If it is determined that there are more members of the civil teaching staff than necessary for the efficient operation of the College, the Minister has the authority to transfer an excess staff member to another position under the Defence Act 1903-1927 or any Regulations thereunder, provided the new position offers equal pay and is within the competency of the staff member (Regulation 31(3)). If no such position is available, the staff member may be transferred to a lower-paying position, or if no suitable position is found at all, the Governor-General may retire the staff member from their current role.
These regulations impose specific obligations on the Minister and the Governor-General concerning the management of the civil teaching staff at the RMCA. The Minister must ensure that the staffing levels are appropriate for the efficient functioning of the College and has the discretion to redeploy staff to positions that match their skills and the needs of the institution. If the Minister determines that a staff member is in excess, they must act to either redeploy or retire the individual, adhering to the provisions outlined in the regulation. The Governor-General, on the other hand, has the authority to retire a staff member if no suitable position is available within the Defence Act 1903-1927 or any Regulations thereunder.
Failure to comply with the provisions set out in these regulations could result in legal consequences. While the legislation does not explicitly state penalties for non-compliance, it is implied that any action taken by the Minister or the Governor-General must be in accordance with the law. If the Minister fails to redeploy or retire a surplus staff member as required, this could potentially be challenged in a court of law, with the court determining the appropriate remedy. The regulations themselves do not specify penalties, but breaches of the Defence Act 1903-1927 or any other related legislation could result in criminal or civil consequences, including fines and imprisonment, depending on the nature and severity of the breach.