Supply and Development Regulations (Amendment)

Overview

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369, issued under the authority of the Minister of State for Defence Support, amended the Supply and Development Regulations 1939 to introduce a "No Work As Directed - No Pay" provision for employees of the department. This amendment was enacted to address the gap in the existing legislation that did not provide for such a condition, making it necessary to align the department's regulations with those of other public service acts, such as Section 32A of the Public Service Act 1922. The primary policy objective of this amendment was to ensure that employees only receive pay for work they actually perform, thereby maintaining fairness and efficiency within the department. The enacting body responsible for these amendments was the Parliament, which authorised the regulations to be made under the authority of the Supply and Development Act 1939.

Scope and Application

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369, issued under the authority of the Minister of State for Defence Support, amend the Supply and Development Regulations to introduce a "No Work As Directed - No Pay" provision, similar to the power contained in Section 32A of the Public Service Act 1922. This amendment applies to persons employed under the Supply and Development Act 1939, thereby extending the scope of the Act to include this new regulatory mechanism. The amendment is designed to provide a necessary and convenient measure for enforcing compliance with the Act, ensuring that employees are paid only for work that has been properly directed. Additionally, the regulations include minor drafting amendments and changes to the definition of "the Secretary" to align with the Public Service Act. The amendments are applicable within the Commonwealth jurisdiction and do not introduce any exclusions or thresholds that are explicitly stated within the text. The authority for these amendments is derived from Section 27 of the Supply and Development Act 1939, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act.

Key Provisions

The Supply and Development Regulations (Amendment) Statutory Rules 1982 No. 369, issued under the authority of the Minister of State for Defence Support, introduce several key amendments to the existing regulations under the Supply and Development Act 1939. The most significant of these amendments is the introduction of a "No Work As Directed - No Pay" provision, encapsulated in Regulation 6 and new Regulation 65A. This amendment seeks to align the regulations with those found in Section 32A of the Public Service Act 1922, thereby providing a clear and enforceable policy regarding employee remuneration when work is not assigned by the employer. These changes impose specific obligations on the parties governed by the Act. The Secretary, now defined under the Public Service Act as the holder of the office of Permanent Head of the Department, is vested with the power to enforce the "No Work As Directed - No Pay" provision. This means that if an employee under the Act is not assigned work by their employer, they will not be entitled to pay for that period. The amendment also makes minor drafting changes to other regulations, such as altering the definition of "the Secretary" in the Interpretation and making consequential amendments to Regulations 10, 20, 26, and 30. Failure to comply with the provisions outlined in these regulations could potentially lead to various consequences, although the specific penalties or enforcement mechanisms are not detailed in the Explanatory Statement. Given the nature of the amendments, breaches might result in civil or administrative penalties, but the exact consequences would depend on the specific circumstances and any additional regulations or guidelines provided under the Act. It is crucial for employers and employees alike to be aware of these changes to avoid any unintended breaches and to ensure that work assignments and remuneration are handled in accordance with the new provisions.