STATUTORY RULES.
1919. No. 91.
REGULATIONS UNDER THE DEFENCE ACT 1903–1918.
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 Defence Act 1903–1918, to come into operation forthwith.
Dated this sixteenth day of April, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
GEO. H. WISE,
for Minister of State for Defence.
Amendment of War Financial Regulations.
War Financial Regulations are amended as follows:—
(1) Next after regulation 30 the following regulation is inserted:—
“30a. When a member of the Australian Imperial Force who is an officer of the Commonwealth Public Service is returned to Australia and is attached for duty to the Australian Army Pay Corps (Militia), he may, if in receipt of a lower rate of pay in the Australian Imperial Force than he would have received had he been discharged therefrom and resumed duty in his civil appointment, be paid an allowance equal to the difference between his pay in the Australian Imperial Force and that as an officer of the Commonwealth Public Service.”
(2) Regulation 50 is amended by deleting the words “at a cost not exceeding 30s.” The provisions of this regulation as so amended shall be deemed to have come into operation on and from the 1st August, 1918.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1919 No. 91, made under the Defence Act 1903–1918, were enacted to address financial discrepancies affecting officers of the Commonwealth Public Service who were reintegrating into civilian roles after serving in the Australian Imperial Force during World War I. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and came into immediate effect. One of the key amendments introduced by these regulations was to provide an allowance for officers who found themselves receiving a lower rate of pay upon their return to Australia and subsequent attachment to the Australian Army Pay Corps (Militia) compared to their pre-war civil service salaries. The policy objective was to ensure that these officers were not disadvantaged financially upon their return, thereby maintaining morale and support for the armed forces among the public service community.
Scope and Application
The Statutory Rules 1919 No. 91, made under the Defence Act 1903–1918, specifically amend the War Financial Regulations to address the financial arrangements for officers of the Commonwealth Public Service who have served in the Australian Imperial Force and are subsequently attached for duty to the Australian Army Pay Corps (Militia). This amendment applies to officers who have been returned to Australia and are receiving a lower rate of pay in the Australian Imperial Force than they would have received if they had been discharged and resumed their civil appointments. The regulation allows for an allowance to be paid to these officers, equal to the difference between their military and civil service pay. Furthermore, the amendment modifies Regulation 50 by removing the specific cost limitation previously in place, with the amended provisions deemed to have come into effect from August 1, 1918. The regulations extend across the Commonwealth of Australia, impacting federal public service officers involved in military service and their financial compensation upon return to civilian duties.
Key Provisions
The Regulations under the Defence Act 1903–1918, specifically made on April 16, 1919, introduce significant changes to the War Financial Regulations. The primary amendment, inserted as Regulation 30a, addresses the pay of officers from the Commonwealth Public Service who are attached to the Australian Army Pay Corps (Militia) after serving in the Australian Imperial Force. This regulation allows such officers, if they are receiving a lower rate of pay in the Australian Imperial Force compared to what they would earn in their civil roles, to be compensated for the difference by receiving an allowance that equals the shortfall between their military pay and their public service salary.
The Regulations also modify Regulation 50 by removing the phrase “at a cost not exceeding 30s.” The amendments to Regulation 50 are retroactive, effective from August 1, 1918. These changes are intended to ensure fair compensation and financial management for public service officers transitioning back to their civil duties after military service. The parties governed by these regulations, primarily the Australian Army Pay Corps and the Commonwealth Public Service, must adhere to these provisions to ensure the correct administration of allowances and pay differences for affected officers.
In terms of obligations and requirements, the Australian Army Pay Corps must assess the pay discrepancies of officers who return to their civil roles and calculate the appropriate allowance under Regulation 30a. The Commonwealth Public Service must also verify the officers' civil service salaries and ensure that any applicable allowances are paid as per the regulations. Additionally, the removal of the cost limit in Regulation 50 requires the Pay Corps to account for any associated costs without a specified upper limit, thus broadening their financial obligations.
Failure to comply with these regulations could result in administrative errors and potential legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of financial regulations generally may lead to disciplinary actions, financial penalties, or other corrective measures as deemed necessary by the relevant authorities. The maximum penalties for such breaches would typically be determined by the broader legal framework governing public service and military financial management.