Royal Military College of Australia Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1913 No. 236, Provisional Regulations Under the Defence Act 1903-1912, were introduced to address the need for immediate amendment to the existing regulations governing the Royal Military College of Australia. Enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this legislative instrument aimed to swiftly respond to a pressing issue identified within the Defence Act 1903-1912. Specifically, the regulation targets the financial entitlements of civilian employees who are suspended for disciplinary reasons. The policy objective is to ensure that individuals employed in a civil capacity at the college do not receive pay or allowances during periods of suspension that are subsequently validated as justified by an offence or absence without leave.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically Regulation 78, pertains to the Royal Military College of Australia and imposes conditions on the remuneration of civil employees. This regulation applies to any person employed in a civil capacity within the Royal Military College, prohibiting such employees from receiving any pay or allowance if they are suspended for an offence and subsequently found guilty, or if they are absent without leave. This regulation has a national reach as it is enacted under the Commonwealth Defence Act, thereby binding all civil employees within the jurisdiction of the Commonwealth of Australia. There are no exclusions or exemptions mentioned in this particular regulation, and it does not specify any thresholds for application. The regulation extends its application to all civil employees of the Royal Military College, reinforcing the discipline and accountability expected from personnel within this institution.

Key Provisions

The key provision introduced by this legislative instrument is the amendment to Regulation 78 of the Provisional Regulations under the Defence Act 1903-1912, which governs the Royal Military College of Australia. Specifically, sub-paragraph (ii) of Regulation 78 has been amended to include a new sub-paragraph (iii) (Regulation 78(iii)). This amendment explicitly states that any person employed in a civil capacity at the college will not be entitled to receive any pay or allowance if they are suspended for an offence and subsequently found guilty, or if they are absent without leave. The obligations imposed by this amendment are clear and direct. It requires that any civil employee of the Royal Military College of Australia who is suspended due to an offence or is found to be absent without leave must forfeit their pay and any allowances during the period of suspension or absence. This includes any period before a formal investigation and adjudication of the offence or absence has taken place. It ensures that disciplinary measures are enforced promptly and that employees are held accountable for their actions or absence without financial compensation during the period in question. Breaches of this regulation could result in serious consequences. Although the specific penalties are not detailed in the legislative instrument itself, the Defence Act 1903-1912 and related regulations would likely provide for disciplinary actions, including possible termination of employment, and possibly criminal charges if the offence is severe enough. Under the Defence Act, disciplinary measures could include dismissal from service, which is a significant civil penalty. Additionally, if the offence constitutes a criminal act, the employee could face criminal prosecution, leading to fines or imprisonment as prescribed by the relevant criminal statutes. The exact penalties would depend on the nature and severity of the offence or absence without leave.