Australian Military Regulations 1916 (Amendment) (Cth)

statutory rules.

1927. No. 106.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

I, THE DEPUTY OF 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 1903-1927, to come into operation as from 1st July, 1927.

Dated this twenty-fourth day of August, 1927.

SOMERS,

Deputy of the Governor-General.

By His Excellency’s Command,

T. W. GLASGOW,

Minister of State for Defence.

 

Australian Military Regulations.

(Statutory Rules 1916, No. 166, as amended to this date.)

The Australian Military Regulations are amended as follows:—

Regulations 413-422 (both inclusive) are repealed and the following Division and Regulations are substituted therefor:—

Division Ia.—Leave of Absence on Ground of Illness.

Permanent Forces.

How sick leave calculated

413. (1) In the case of illness of a member of the Permanent Forces the authority mentioned in sub-regulation (2) of this regulation may, on production of satisfactory medical evidence, grant to the member leave of absence on the following conditions:—

(a) The basis for determining the leave which may be granted shall be ascertained by crediting the member with the following periods, such leave to be cumulative:—

—	Leave on Full Pay.	Leave on Half Pay.	Leave on Third Pay.
Days	Days	Days.
On date of appointment or enlistment...........	7	5	3½
On completion of six months’ service...........	7	5	3½
On completion of twelve months’ service......	14	10	7
On completion of each additional twelve months’ service................................................... .	14	10	7

(b) To determine the leave for which a member is eligible under this regulation the leave which has been granted during his service at rates of full pay, half pay, and third pay respectively, shall be deducted from the periods ascertained under the provisions of paragraph (a) of this regulation:

C.11224.—Price 3d.

 

Provided that no deduction shall be made in respect of leave granted before the 1st July, 1920:

Provided further that no deduction shall be made in the case of a member who has served on active service abroad in any of His Majesty’s naval; military, or air forces during the war 1914-1918, in respect of leave granted to him within three years after the date of the termination of his appointment in or the date of his discharge from the forces in which he so served.

(c) After deduction has been made as provided in paragraph (b) of this regulation the period remaining at each rate of pay shall be the amount of leave for which the member is eligible:

Provided that if the member has had not less than six months’ service and his credit, after such deduction has been made, is less than fourteen days on full pay, ten days on half pay, and seven days on third pay, his credit shall be increased to those amounts; and if he has had less than six months’ service and his credit after such deduction has been made is less than seven days on full pay, five days on half pay, and three days and a half on third pay, his credit shall be increased to those amounts.

Provided further that where in cases of long service the Military Board consider that exceptional treatment is justified, they may, where leave on pay has been exhausted, grant additional leave on third pay:

Provided further that the maximum period allowable with pay in respect of any continuous absence through illness shall be 52 weeks.

(d) Where a member has exhausted all leave allowable with pay he may be granted leave without pay.

Provided that, in respect of any continuous period of absence, leave with and without pay shall not exceed 78 weeks.

(e) in the event of the retirement or discharge of a member on the ground of medical unfitness, he may be permitted to take, before his retirement or discharge, all leave on full pay for which under this division he is eligible.

(2) The authority empowered by sub-regulation (1) of this regulation to grant leave of absence to a member of the Permanent Forces shall be the Military Board, if the member be a formation &c. commander, otherwise the formation &c. commander.

(3) The production of medical evidence shall not be necessary before the grant of leave of absence under this regulation, if the absence from duty does not exceed 24 hours.

Leave abroad.

414. A member of the Permanent Forces serving abroad who has exhausted all leave of absence on full pay for which he is eligible under this division on the ground of illness may, on the approval of the Military Board, he granted extended leave of absence on full pay for such period as the Military Board from time to time determine.

Leave of absence exceeding three months.

415. All leave of absence granted under this division in extension of a continuous period exceeding three months should be reported to Head-Quarters.

Medical examination of person before return to duty.

416. Every member of the Permanent Forces who has been absent from duty on account of illness for a continuous period exceeding three months shall not be permitted to return to duty until he has been examined by a medical officer or a medical board and certified to be medically fit for his duties.

Illness contracted on duty.

417. (1) Leave of absence on the ground of wounds, injury, disability or disease contracted on duty may be granted to a member of the Permanent Forces for a continuous period not exceeding twelve months on full pay and six months without pay.

(2) Leave of absence granted to a member under sub-regulation (1) of this regulation shall not be debited against the leave of absence accrued to him under this division.

(3) For the purpose of the grant of leave of absence under this regulation—

(a) a wound or injury shall be deemed to be contracted on duty only when it is contracted during and arises directly out of actual performance of military duty or while taking part in sports or games which form part of the approved training at an authorized parade; and

(b) a disability (other than a wound or injury) shall be deemed to be contracted on duty only whom it arises directly out of circumstances necessarily incidental to military service; and

(c) a disability (other than a wound or injury) shall not be deemed to be contracted on duty if, although contracted during military service, it is due to the ordinary risks of indoor or outdoor life to which military service carries no special liability; and

(d) any disease (including typhoid, dysentery and malaria) which, in the opinion of the Military Board, a member serving abroad or at a tropical station in Australia is specially liable to contract, shall, if contracted by him while so serving, he deemed to be contracted on duty.

Leave whether in hospital or elsewhere.

418. All leave of absence from duty granted on the ground of illness, whether in hospital or elsewhere, shall be counted as leave of absence on the ground of illness and shall be recorded for the purpose of this division.

Not to count against recreation leave.

419. Leave of absence on the ground of illness shall not be reckoned as nor included in leave of absence for recreation.

Venereal disease.

420. A member of the Permanent Forces who is absent from duty with leave on the ground of illness shall not, if that illness is venereal disease, be entitled to receive pay at a rate exceeding two-thirds of the rate of full pay, half pay, or third pay payable to him under this division while so absent.

Rate of pay for Holidays.

421. The rate of pay payable to a member of the Permanent Forces in respect of a public holiday which occurs during a period for which leave of absence is granted under this division shall be the same as that payable to him for the period of the leave during which the holiday occurs.

 

Medical examination may be ordered.

422. When a member of the Permanent Forces is absent from duty owing to illness suspected to be venereal disease or to have been caused by his misconduct or is suspected to be absenting himself without sufficient cause, his commanding officer or a superior authority may authorize a medical officer or a medical board to attend upon and examine the member and to make a report of the examination.

Discharge after 42 days absence owing to misconduct.

422a. Asoldier of the Permanent Forces, not on war service, who is absent from duty for more than 42 days in any year on account of venereal disease or of illness due to misconduct should, unless the Military Board otherwise direct, be discharged.

Counting of prior service in Commonwealth or State.

422b. When ft person has been transferred or appointed to or enlisted in the Permanent Forces from a position of a permanent nature in the service of the Commonwealth or a State, his previous service in the Commonwealth or a State shall, if continuous with his service in those Forces, be counted for the purpose of this division as if it had been service in the Permanent Forces.

Credit on appointment or re-appointment.

422c. A member of the Permanent Forces who has been retired or discharged on account of his medical unfitness and whose health has become so restored as to enable him to perform his duties, shall, if re-appointed to or re-enlisted in those Forces, be credited with the leave at his credit under this division immediately prior to his retirement or discharge.

Absence to be reported.

422d. (1) Every case of absence of a member of the Permanent Forces from duty on account of illness should be reported—

(а) in the case of a formation &c. commander, if the absence exceeds 48 hours, to Head-Quarters; and

(b) in the case of a commanding officer, if the absence exceeds 24 hours, to his formation &c. commander; and

(c) in the case of any other member, within 24 hours, to his commanding officer.

(2) The illness of a member of the Permanent Forces who reports himself sick, or is attended by a medical officer should be reported on the authorized form of sick report. If the period of illness is less than seven days a final report will be furnished on his return to duty, but if exceeding seven days a progress report should be furnished weekly until a final report on his return to duty is submitted. The date on which the member is fit to return to duty should always be stated in the final report.

Recording of leave.

422e. All leave of absence accrued or granted to a member of the Permanent Forces under this division shall be recorded in the manner directed by the Military Board.

Form of application.

422f. Every application by a member of the Permanent Forces for leave of absence on the ground of illness should be made on the authorized form and forwarded through the proper channel to the formation &c. commander who, after he has dealt with the application, should return it to the commanding officer.

 

Promulgation.

422g. Particulars of leave of absence granted to a member under this division should be promulgated in Part II. Orders and should include information as to the date on which he reported sick, the dates of commencement and termination of each period of leave, whether the leave was with full pay, half pay, third pay or without pay, the dates of any admission to and discharge from hospital and the date of his return to duty.

Particulars to D.F.O.

422h. Formation &c. commanders should render weekly to the D.F.O a return in the following form, a nil return being rendered when appropriate:—

Permanent Forces.

RETURN OF SICK LEAVE AND HOSPITAL ADMISSIONS.

Unit—

No. Rank and Name Date of Reporting Sick Date of Return to Duty Date Admitted to Hospital Date Discharged from Hospital. Remarks.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.