STATUTORY RULES.
1943. No. 238.
REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1941*
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 War Service Homes Act 1918-1941.
Dated this Sixteenth day of September, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendments of War Service Homes (Staff) Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the twenty-ninth day of March, 1943.
Furlough.
2. Regulation 71 of the War Service Homes (Staff) Regulations is amended by omitting from sub-regulation (5.) the definition of “service” and inserting in its stead the following definition:—
“‘service’ includes any service which would, if the officer were a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943, be reckoned as part of his period of service for the purposes of that Act.”.
Extended leave or pay in lieu to officers not entitled to furlough.
3. Regulation 72 of the War Service Homes (Staff) Regulations is amended by omitting from sub-regulation (7.) the definition of “service” and inserting in its stead the following definition:—
“‘service’ includes any service which would, if the officer were a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943, be reckoned as part of his period of service for the purposes of that Act.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1938, No. 64, as amended by Statutory Rules 1939, Nos. 32 and 136; 1940, Nos. 47 and 274: 1941, Nos. 142, 162, 183 and 264; and 1942, Nos. 226 and 463.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5044.—Price 3d. 20/18.8.1943.
Overview
Statutory Rules 1943 No. 238, made under the War Service Homes Act 1918-1941, addresses the need to update certain regulations pertaining to staff within war service homes, particularly in the context of furlough and extended leave or pay in lieu. The Regulations were enacted by the Governor-General in Council, reflecting a policy objective to harmonise the conditions of service for staff at war service homes with those of Commonwealth employees under the Commonwealth Employees’ Furlough Act 1943. This legislative instrument aims to ensure that staff at war service homes are treated equitably in terms of leave entitlements, aligning their service definitions with those applicable to Commonwealth employees. The Regulations came into operation on 29 March 1943, signifying an immediate response to the evolving needs of personnel during wartime.
Scope and Application
The Regulations under the War Service Homes Act 1918-1941, published as Statutory Rules 1943 No. 238, apply specifically to amendments in the War Service Homes (Staff) Regulations. These regulations govern the conditions under which staff associated with war service homes can receive furlough, extended leave, or pay in lieu of leave. The application extends to officers who would be considered Commonwealth employees under the Commonwealth Employees’ Furlough Act 1943, thereby including them within the scope of the defined terms for service. These amendments were enacted to align the leave entitlements of staff at war service homes with those of other Commonwealth employees during the war period. The regulations commenced on 29 March 1943 and were made under the authority of the Governor-General, acting on advice from the Federal Executive Council. These regulations are part of a broader legislative framework aimed at ensuring consistency and fairness in the treatment of war service home staff across the Commonwealth.
Key Provisions
The Statutory Rules 1943, No. 238, made under the War Service Homes Act 1918-1941, include amendments to the War Service Homes (Staff) Regulations. These regulations became effective on 29 March 1943. Specifically, Regulation 71 and Regulation 72 have been amended to redefine the term "service" for officers, incorporating the definition from the Commonwealth Employees' Furlough Act 1943. This means that any service an officer undertakes, if they were considered a Commonwealth employee, will be counted as part of their service period for furlough purposes.
These regulations impose specific obligations on the staff of War Service Homes. They must now align their understanding of "service" with the broader definitions provided by the Commonwealth Employees' Furlough Act 1943. This change ensures that furlough entitlements and extended leave or pay in lieu for officers not eligible for furlough are calculated consistently across all Commonwealth employees. The regulations require the relevant authorities to update their records and calculations to reflect this new definition.
Breach of these regulations may not explicitly detail specific offences or penalties within the provided text. However, it is reasonable to infer that failure to comply with these regulatory amendments could lead to administrative or legal consequences. For instance, incorrect calculation of service periods might result in improper furlough entitlements, which could be subject to review and potential correction. Although the exact penalties are not stated, they could include financial adjustments or other corrective actions to ensure compliance with the intended legislative framework.