STATUTORY RULES.
1930. No. 99.
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby amend the following Regulations under the Defence Act 1903-1927, to come into operation forthwith.
Dated this twenty-seventh day of August, 1930.
SOMERS
Deputy of the Governor-General.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Regulations for the Royal Military College of Australia.
(Statutory Rule 1921, No. 129, as amended to date.)
Amendment.
After regulation 31 (2) insert new sub-regulation (3) as follows:—
“(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 who is found to be in excess may be transferred to such other position of equal classification and salary as he is competent to fill, and if no such position is available he may be transferred to a position of lower classification and salary. If no position is available, the Governor-General may retire him from the Service.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 99, are amendments to the Defence Act 1903-1927, made by the Deputy of the Governor-General on the advice of the Federal Executive Council. These regulations specifically address the management of staffing within the Royal Military College of Australia, aiming to ensure the institution operates efficiently by maintaining an appropriate number of civil teaching staff. Enacted to rectify the issue of potential overstaffing, these amendments allow for the transfer or retirement of excess staff members if necessary positions are unavailable. This measure is intended to maintain both the operational efficiency and budgetary constraints of the College.
Scope and Application
The Statutory Rules of 1930, No. 99, represents an amendment to the Regulations under the Defence Act 1903-1927, specifically concerning the Royal Military College of Australia. This legislation applies to the civil teaching staff of the College, encompassing any member found to be in excess of the number necessary for efficient operation. The amendment, which is effective immediately, provides provisions for the transfer of such staff to other positions within the College that match their classification and salary, or alternatively, to positions of lower classification and salary if no equivalent position is available. Furthermore, it empowers the Governor-General to retire a member from the service if no suitable position can be found. The geographic reach of these regulations is confined to the Commonwealth of Australia, and they do not specify any exclusions or exemptions. The regulations are designed to ensure optimal staffing levels and efficiency within the College, reflecting the broader intent of the Defence Act to maintain operational effectiveness in Defence-related institutions.
Key Provisions
The Regulations under the Defence Act 1903-1927, specifically pertaining to the Royal Military College of Australia, include an amendment to regulation 31 (2) (paragraph 3). This new provision stipulates that if it is determined that there are more members of the civil teaching staff than necessary for the efficient functioning of the College, those found to be in excess may be reassigned to a position of equal classification and salary that they are qualified to fill. If no such position is available, they may be transferred to a position of lower classification and salary. If neither option is feasible, the Governor-General has the authority to retire such a member from the service.
These regulations impose specific obligations on the administration of the Royal Military College of Australia. They require a continuous assessment of the staffing needs of the civil teaching staff to ensure that the College operates efficiently. This involves determining whether the current number of staff members meets the operational requirements of the College and taking appropriate action if there is an overstaffing situation. The regulations also mandate that any reassignment or retirement decisions must follow the outlined procedures, ensuring fairness and consistency in the process.
Breaches of these regulations can result in civil or administrative consequences. For instance, if the College fails to appropriately manage its civil teaching staff in accordance with the stipulated provisions, it could face scrutiny or intervention from higher authorities. The regulations, however, do not explicitly outline specific penalties for non-compliance. It is inferred that any failure to adhere to the provisions could lead to administrative actions, but the exact nature of these consequences is not detailed within the text.
It is also important to note that the regulations do not directly address criminal offences or penalties. The primary focus is on administrative efficiency and staff management within the College. Any legal repercussions would likely stem from broader legislative frameworks or other related statutes rather than the specific provisions outlined in these regulations. The maximum penalties, therefore, would need to be sought from the relevant overarching laws or regulations.