STATUTORY RULES.
1941. No. 56.
REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACTS 1939.*
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 Supply and Development Acts 1939.
Dated this twelfth day of March, 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for Supply and Development.
Amendments of the Supply and Development (Staff) Regulations.†
1. Regulation 128 of the Supply and Development (Staff) Regulations is amended by inserting, after paragraph (a) of sub-regulation (1.), the following paragraph:—
“(aa) doing or saying anything in violation of the oath or affirmation made and subscribed by him in the form in regulation 125 of these Regulations; or”.
2. After regulation 129 of the Supply and Development (Staff) Regulations the following regulation is inserted:—
“129a. If the Minister, after inquiry, is of opinion that the continuance of any officer or employee in the employ of the Department is detrimental to the public safety or the defence of the Commonwealth, he may terminate the appointment or employment of the officer or employee and the officer or employee shall thereupon cease to be employed by the Department.”
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1926, No. 209, as amended by Statutory Rules 1928, Nos. 19, 36, 58 and 86; 1929, Nos. 38, 79 and 102; 1930, Nos. 29, 50, 75, 100 and 139; 1931, Nos. 15 ,48, 49 and 60; 1932, Nos. 11, 37, 113 and 126; 1933, Nos. 9, 51, 59 and 86; 1934, Nos. 5, 105 and 144; 1935, No. 106; 1936, Nos. 28, 43, 117, 130 and 152; 1937, Nos. 15 and 79; 1938, Nos. 8 and 82; 1939, Nos. 13 and 18; as deemed to be regulations made under the Supply and Development Acts 1939, and as amended by Statutory Rules 1939, No. 99; and 1940, No. 89.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
42.—14/6.3.1941.—Price 3d.
Overview
Statutory Rules 1941 No. 56, made under the Supply and Development Acts 1939, were introduced to address the need for enhanced oversight and accountability in the staffing of the Department of Supply and Development. Enacted by the Governor-General in Council, these regulations amend the Supply and Development (Staff) Regulations to include specific provisions regarding the conduct of staff and the potential termination of appointments that are deemed detrimental to public safety or the defence of the Commonwealth. The policy objective behind these amendments is to ensure that the Department of Supply and Development can effectively manage its personnel in a manner that safeguards national interests, by allowing for the dismissal of staff who may pose a risk to these objectives.
Scope and Application
The Statutory Rules 1941 No. 56 amends the Supply and Development (Staff) Regulations, which were initially established under the Supply and Development Acts 1939. The primary application of these regulations is to officers and employees of the Department of Supply and Development, imposing certain conduct and employment conditions upon them. The scope of these regulations extends to individuals who are employed by the Department and are required to take an oath or affirmation in line with regulation 125. The regulations are designed to ensure that employees adhere to specific professional standards and obligations, with particular attention to actions that may compromise the public safety or defence of the Commonwealth. The Minister has the authority to terminate the employment of any officer or employee if it is deemed detrimental to public safety or defence, as outlined in the newly inserted regulation 129a. This power is contingent upon an inquiry conducted by the Minister. The geographic reach of these regulations is federal, applying across the Commonwealth of Australia, and they are enforceable under the overarching Supply and Development Acts 1939.
Key Provisions
The statutory rules, numbered 1941. No. 56, made under the Supply and Development Acts 1939, introduce amendments to the Supply and Development (Staff) Regulations. Firstly, a new provision has been inserted into Regulation 128 (1) (aa), which states that an officer or employee can be subject to disciplinary action if they violate the oath or affirmation they made and subscribed to in the form specified by Regulation 125. This amendment aims to ensure that staff adhere to the ethical standards and responsibilities outlined in their oath. Secondly, a new regulation, 129a, has been added, allowing the Minister to terminate the appointment or employment of an officer or employee if they determine that the individual's continued employment is detrimental to the public safety or the defence of the Commonwealth. This provision gives the Minister the authority to take decisive action when necessary to protect national interests.
These regulations impose several obligations on the officers and employees of the Department of Supply and Development. Primarily, they must adhere to the oath or affirmation they have made, ensuring that their conduct and actions align with the ethical and professional standards expected of them. Additionally, they must be aware that their employment is conditional on their activities not being detrimental to public safety or national defence. The new regulation also obligates the Minister to conduct an inquiry if there is a concern about an employee's suitability, allowing for a fair and informed decision regarding termination.
Violation of the oath or affirmation, as outlined in the amended Regulation 128 (1) (aa), could result in disciplinary action against the offending officer or employee. While the specific consequences of such a breach are not detailed in the statutory rules, it is reasonable to infer that they could include suspension, demotion, or termination of employment, depending on the severity of the violation. The new Regulation 129a also implies potential consequences for officers or employees whose conduct is deemed detrimental to public safety or national defence, with the Minister having the authority to terminate their employment without further recourse. These provisions underscore the importance of maintaining high standards of conduct and loyalty among Department staff.