Universal Training Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1915, No. 163, enacted as Provisional Regulations under the Defence Act 1903-1915, were introduced to address the urgent need to establish pay rates for officers of the Citizen Forces who were called up for administrative or instructional duties during the First World War. This legislative instrument was certified by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation on 16 September 1915. The provisional nature of these regulations highlights the pressing requirement to provide financial compensation to officers in the midst of the war effort. The policy objective was to ensure that these officers received adequate remuneration for their wartime duties while simultaneously clarifying that they should not receive pay under this regulation for any days they were engaged in their ordinary duties as prescribed by other regulations.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1915, specifically Regulation 160a, apply to officers of the Citizen Forces who are called up for administrative or instructional duties during the current war. The scope of this regulation is limited to these officers and pertains to their remuneration during the time they are called up for such duties. The specified pay rates are set at £250 per annum for a Lieutenant, £375 for a Captain, £475 for a Major, £575 for a Lieutenant-Colonel, and £575 for a Colonel, with the possibility of special rates for special appointments approved by the Minister. It is crucial to note that this regulation does not affect the officers' rights to receive pay for their ordinary duties connected with the training of their units, provided that they do not receive such pay concurrently with the pay under this regulation. The regulation extends its reach across the Commonwealth of Australia, as per the jurisdictional authority of the Defence Act 1903-1915, ensuring that the stipulated provisions apply uniformly across all relevant territories within the Commonwealth.

Key Provisions

The main operative sections of these Provisional Regulations under the Defence Act 1903-1915, specifically Regulation 160a, provide detailed rates of pay for officers of the Citizen Forces who are called up for administrative or instructional duties during the present war. These officers, while serving in such capacities, are to receive specific annual pay rates based on their ranks: Lieutenants are to receive £250 per annum, Captains £375 per annum, Majors £475 per annum, Lieutenant-Colonels £575 per annum, and Colonels £575 per annum. It is important to note that these rates do not affect an officer's entitlement to pay for their ordinary duties connected with the training of their unit under Regulation 160, though they cannot receive pay for the same duties under both regulations simultaneously. The obligations imposed by these regulations on the relevant parties primarily involve ensuring that officers called up for administrative or instructional duties during the war receive appropriate remuneration. This includes the administrative responsibility of the Minister to approve any special rates for special appointments, as indicated in the regulation. The regulations also stipulate that officers must not receive pay for the same duties under both Regulation 160 and Regulation 160a on the same day or any part of a day, thereby establishing a clear framework for the payment structure. There are no explicit offences, penalties, or consequences for breaches of these regulations detailed within the text provided. However, the implementation of such regulations under the Defence Act 1903-1915 implies that non-compliance could lead to legal ramifications, as breaches of Defence regulations can typically attract penalties under the relevant acts. The Defence Act itself provides a broad framework within which such breaches might be addressed, though specific penalties would be determined by the applicable laws and judicial processes. The seriousness of non-compliance in military contexts suggests that penalties could range from administrative sanctions to more severe criminal penalties, depending on the nature and impact of the breach.