Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1957. No. 32

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this 22nd day of May, 1958

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian Military Regulations.  

Sub-division of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by omitting the words and figures—

“Division 7.—Furlough—Permanent Forces........... 477a-481b”

and inserting in their stead the words and figures—

“Division 7.—Furlough—Permanent Forces........... 478-481e”.

2. Division 7 of Part VI. of the Australian Military Regulations is repealed and the following Division inserted in its stead:—

“Division 7.—Furlough—Permanent Forces.

Furlough.

“478.—(1.) The Military Board may grant to a member who has continued in the Permanent Forces for not less than twenty years furlough for a period not exceeding three-tenths of one month on full pay, or three-fifths of one month on half pay, in respect of each year of continuous service.

“(2.) A member of the Permanent Forces shall not be granted furlough under this regulation for a period exceeding twelve months at any one time.

“(3.) Where a member who has continued in the Permanent Forces for not less than twenty years is retiring from the Permanent Forces, the Military Board may, in lieu of granting furlough to the member under sub-regulation (1.) of this regulation, authorize payment to the member, upon his retirement, of a sum not exceeding the amount of pay for a period equal to the period of furlough on full pay which the member could have been granted under that sub-regulation.

  

* Notified in the Commonwealth Gazette on 29th May, 1957.

  Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations, see footnote   to Statutory Rules 1957, No. 31

6291/55.—Price 5d. 15/28.8.1957.

 

“(4.) Upon the death of a member of the Permanent Forces who, at the day of his death, was eligible under this regulation for the grant of furlough, the Military Board may authorize payment to, and may apportion the payment among, the dependants of the member of a sum equal to the amount of pay which the Military Board could have authorized to be paid to the member under this regulation if the member had retired immediately before the day of his death.

Proportionate furlough or pay in lieu to members not entitled to furlough under regulation 478.

“479.—(1.) The Military Board may grant to a member who has continued in the Permanent Forces for not less than eight years, but less than twenty years, immediately prior to his retirement from the Permanent Forces on, or subsequent to, his attaining the age for his retirement, or, if that age is over sixty years, the age of sixty years, furlough on full pay not exceeding—

(a) where the period of service of the member is not less than eight years but is less than twelve years—three months;

(b) where the period of service of the member is not less than twelve years but is less than sixteen years—four months; or

(c) where the period of service of the member is not less than sixteen years but is less than twenty years—five months.

“(2.) Where a member is eligible for furlough under the last preceding sub-regulation, the Military Board may, in lieu of granting that furlough, authorize payment to the member, upon his retirement from the Permanent Forces, of a sum not exceeding his pay for a period equal to the period of furlough which the member could have been granted under that sub-regulation.

“(3.) Where a member of the Permanent Forces who has not attained the age for his retirement—

(a) retires from the Permanent Forces after less than twenty years’ service;

(b) on the day of his retirement—

(i) has continued in the Permanent Forces for a period of not less than eight years; or

(ii) has continued in the Permanent Forces for a period of not less than four years and is, under his current engagement or appointment, eligible to continue in the Permanent Forces to complete a period of at least eight years’ continuous service before reaching the age for his retirement; and

(c) satisfies the Military Board that his retirement is due to permanent ill-health not due to misconduct or to causes within his own control,

the Military Board may authorize payment to the member of a sum equal to his pay for a period not exceeding—

(d)where the period of service of the member is not less than four years but is less than eight years—two months;

(e) where the period of service of the member is not less than eight years but is less than twelve years—three months;

(f) where the period of service of the member is not less than twelve years but is less than sixteen years—four months; or

(g) where the period of service of the member is not less than sixteen years but is less than twenty years—five months.

 

“(4.) Upon the death of a member of the Permanent Forces who, at the day of his death, had continued in the Permanent Forces for less than twenty years, the Military Board may authorize payment to, and may apportion the payment among, the dependants of the member of a sum equal to the amount of pay which the Military Board could have authorized to be paid to the member under the last preceding sub-regulation if, because of permanent ill-health not due to misconduct or to causes within the control of the member, the member had retired from the Permanent Forces immediately before the day of his death.

Payments to dependants.

“480. Where, under sub-regulation (4.) of regulation 478 of these Regulations or under sub-regulation (4.) of the last preceding regulation, the Military Board has authorized the payment of a sum of money to the dependants of a member of the Permanent Forces and a dependant to whom the whole or part of that sum is payable is under the age of twenty-one years or, for any other reason, is incapable of acting on his own behalf, the amount payable to that dependant may be paid, on behalf of that dependant, to a person or persons approved by the Military Board.

Reduction of furlough on account of other leave.

“481.—(1.) The period for which furlough may be granted under this Division to a member of the Permanent Forces, or the period in respect of which a payment to a member of the Permanent Forces or his dependants may be authorized under this Division, shall be reduced by—

(a) any period of furlough (being furlough in respect of service included in his period of service) previously granted to the member and any period in respect of which a payment in lieu of such a period of furlough was authorized to the member under this Division or under another law of the Commonwealth, or a State or Territory of the Commonwealth, providing for the granting of furlough or for payment in lieu of furlough; and

(b) the period or periods for which the member has been absent on leave of absence for recreation (including an additional period of days, not exceeding four days, equal to one-sixth of that period or those periods of absence on leave for recreation) during and in respect of the period of twelve months commencing on the first day of July immediately preceding the day on which he commences furlough, retires or the day of his death, as the case requires.

“(2.) Paragraph (b) of the last preceding sub-regulation does not apply where—

(a)the Military Board grants furlough to a member immediately prior to his retirement on, or subsequent to, his attaining the age for retirement;

(b) the Military Board grants furlough to a member whose age for retirement is over sixty years after he has attained the age of sixty years and before his retirement; or

(c) the Military Board authorizes the payment of a sum in lieu of furlough in respect of the period of service of a member upon retirement or death on or after attaining the age for retirement or, if his age for retirement is over sixty years, after he has attained the age of sixty years.

 

“(3.) The total period by which a member’s furlough or the period in respect of which a payment in lieu of furlough to a member or his dependants may be authorized may be reduced under paragraph (b) of sub-regulation (1.) of this regulation shall not, during the period of service of the member, exceed the period of leave of absence for recreation which may be granted to him in respect of one year of service.

Conduct of members.

“481a. The Military Board shall take into consideration the official conduct record of a member in determining whether, and to what extent, furlough or payment of an amount may be granted or authorized under this Division.

Meaning of “pay” for purposes of Division 7, Part VI.

“481b.—(1.) For the purposes of this Division, but subject to this regulation, ‘pay’, in relation to a member of the Permanent Forces—

(a)means the pay prescribed under regulations made under the Defence Act relating to pay and allowances for a member holding the same rank as the substantive rank held by the member on the day immediately before his retirement or death, or at the commencement of his furlough, or during his furlough, as the case requires; and

(b) in relation to a member, other than an officer entitled to a consolidated rate of pay, includes—

(i) incremental advancement;

(ii) good conduct increments;

(iii) any difference in pay payable to the member by reason of his being classified Warrant Officer Class I. or Class II., highest skilled, Staff Sergeant or Sergeant, highest skilled, or as Corporal, Lance-corporal or Private, 3 Star or 2 Star;

(iv) marriage allowance;

(v) provision allowance;

(vi) living out allowance; and

(vii) clothing maintenance allowance,

payable under those regulations to the member on the day immediately before his retirement or death, or at the commencement of his furlough, or during his furlough, as the case requires.

“(2.) For the purposes of the last preceding sub-regulation, provision allowance shall be deemed to be payable to a member who is retired or dies if, on the day immediately before his retirement or death, that allowance would have been payable had he lived at his home or in married quarters on that day.

“(3.) Subject to the next succeeding sub-regulation, living out allowance shall, for the purposes of sub-regulation (1.) of this regulation, be deemed to be payable to a member who is retired or dies if, on the day immediately before his retirement or death, that allowance would have been payable had he not been provided with rations and quarters or tentage on that day.

“(4.) Living out allowance shall not be included in the pay of a member whose pay includes marriage allowance.

 

“(5.) Where a member who is retired or dies was, on the day immediately before his retirement or death—

(a) not entitled to pay by reason of a grant of leave of absence without pay or a forfeiture of pay imposed upon or incurred by the member on that day; or

(b) entitled to half pay by reason of a grant of furlough on half pay,

his pay for the purposes of this Division shall include the pay, incremental advancement, good conduct increments and allowances referred to in sub-regulation (1.) of this regulation which would have been payable to the member if he had been granted furlough on full pay on that day.

“(6.) For the purposes of sub-regulation (1.) of this regulation, an acting member shall be deemed to be a member who holds the same substantive rank as—

(a) if he has held the same acting rank continuously for the period of twelve months, or for an aggregate period of three years during the five years, immediately preceding the day of his retirement, death or the commencement of his furlough, as the case requires—that acting rank;

(b)if he has not held the same acting rank for either period specified in the last preceding paragraph but has held a combination of that acting rank and one or more other ranks or a combination of those other ranks, or any of them, continuously for that period of twelve months—the lower or lowest rank in that combination;

(c) if he has not held the same acting rank for either period specified in paragraph (a) of this sub-regulation but the combined periods of his service in a combination of that acting rank and one or more other ranks held during those five years or a combination of those other ranks, or any of them, aggregate at least three years in those five years—the lower or lowest rank in that combination;

(d) if there are two or more combinations of ranks to which the last preceding paragraph could apply and there is more than one rank applicable to the member by virtue of that paragraph in respect of those combinations—the higher or highest of the ranks so applicable; or

(e) if he has not held the same acting rank for either period specified in paragraph (a) of this sub-regulation but the circumstances specified in paragraphs (b) and (c), or (b) and (d), as the case may be, of this sub-regulation apply to him—the higher of the ranks determined in accordance with the paragraphs applicable to him.

“(7.) Notwithstanding the last preceding sub-regulation, an acting member shall not be deemed to hold a substantive rank for the purposes of sub-regulation (1.) of this regulation higher than his acting rank.

“(8.) Where an acting member is, by virtue of this regulation, deemed to be a member who holds a rank for furlough purposes, his period of service for the purpose of determining the number of increments included in the pay of his rank for furlough purposes shall, unless otherwise ordered

 

by the Military Board, include his period of service in a higher rank or ranks if his service in the higher rank or ranks forms a continuous period of service with service in his rank for furlough purposes.

“(9.) In this regulation—

‘acting member’ means a member of the Permanent Forces who holds an acting rank and is granted furlough which will expire on his retirement or in respect of whom payment in lieu of furlough is authorized to be paid under this Division to him on his retirement, or to his dependants on his death, as the case requires;

‘acting rank’ means, in relation to a member of the Permanent Forces, an acting or temporary rank higher than the substantive rank which he holds on the day of his retirement or death or immediately before he commences furlough, as the case requires.

Meaning of “service” for purposes of Division 7, Part VI.

“481c.—(1.) For the purposes of this Division, but subject to this regulation, the period of service of a member of the Permanent Forces is the period for which the member has been employed continuously in the Permanent Forces and, where, before becoming a member of the Permanent Forces, that member was continuously employed in—

(a) the service of the Commonwealth (including full-time service in the naval, military or air forces);

(b) the service of an authority of the Commonwealth;

(c) the service of a State;

(d) the service of an authority of a State; or

(e) the Public Service of a Territory of the Commonwealth,

the period for which the member was so employed shall be deemed to be a period of continuous employment in the Permanent Forces.

“(2.) Where, before becoming a member of the Permanent Forces, a member was employed continuously in more than one of the services specified in the last preceding sub-regulation, and the periods for which he was so employed were continuous with one another and with his service in the Permanent Forces, each of those periods shall, subject to the next succeeding sub-regulation, be deemed to have been a period of continuous employment in the Permanent Forces.

“(3.) Where the Military Board is satisfied that a period of employment of a member of the Permanent Forces in one of the services specified in sub-regulation (1.) of this regulation was terminated on the grounds of unsatisfactory service, that period of employment and the periods (if any) for which the member was previously employed in any of those services shall not be deemed to be periods of continuous employment in the Permanent Forces.

“(4.) Where a member of the Permanent Forces left those Forces to serve in the regular forces of the United Kingdom or in the Indian Army and, at the termination of that service, he was re-appointed to the Australian Staff Corps, the period of his service in the regular forces of the United Kingdom or in the Indian Army shall, subject to the Minister’s approval, be deemed to be a period of continuous employment in the Permanent Forces.

 

“(5.) For the purposes of this regulation, there shall be deducted from the period of service of a member—

(a) a period of employment as a part-time employee;

(b) a period of employment in an honorary capacity only;

(c) a period of employment remunerated by fees, allowances or commissions only;

(d) a period during which the member was a deserter;

(e) a period for which the member was absent without leave for more than thirty days;

(f) the whole or such part (if any), as the Military Board determines, of the period of service of the member before a period of absence without leave for more than thirty days or before a period of desertion;

(g) a period of employment terminated by retirement on or subsequent to attaining the age prescribed for retirement in respect of which furlough has been granted, or payment has been authorized, to the member under—

(i) this Division;

(ii) the Commonwealth Employees’ Furlough Act 1943-1953;

(iii) the Public Service Act 1922-1957; or

(iv) another law of the Commonwealth or a law of a State or Territory of the Commonwealth which provides for the granting of furlough or for the making of a similar payment;

(h)a period of employment in a temporary capacity, and, except as provided in the next succeeding sub-regulation, a period of employment in a permanent capacity, in one or more of the services specified in paragraphs (c) and (d)of sub-regulation (1.) of this regulation in respect of which furlough has been granted, or a payment in lieu of fulough has been authorized, under a law of a State; or

(i) any period by which the member’s service exceeds forty years.

“(6.) A period of employment of a member in a permanent capacity referred to in paragraph (h) of the last preceding sub-regulation, not being a period of employment referred to in paragraph (g)of that sub-regulation, shall not be deducted from the service of a member for the purpose of this regulation, if that period is continuous—

(a) with a period of employment determined by the Military Board to be permanent service in the Permanent Forces; or

(b)with a period of continuous employment in one or more of the services specified in paragraphs (a), (b) and (e) of sub-regulation (1.) of this regulation which—

(i) the Military Board determines is employment in a permanent capacity; and

(ii) forms a period of continuous employment with employment referred to in the last preceding paragraph.

 

“(7.) For the purposes of this regulation, other than the last preceding sub-regulation, the continuity of the service of a member shall not be deemed to be, or to have been, broken by—

(a) a period or periods of absence during which a member pursues, or has pursued a course of study under a Commonwealth scheme of vocational training; or

(b) any other period or periods of absence (including a period or periods when the member was not employed or was employed as a part-time employee only or in an honorary capacity only or remunerated by fees, allowances or commissions only, by a service referred to in sub-regulation (1.) of this regulation) unless—

(i) the period of absence, or the sum of two periods of absence separated only by a period during which he pursues, or has pursued, a course of study under a Commonwealth scheme of vocational training, exceeds or has exceeded twelve months; or

(ii) the number of days included in the period or periods of absence exceed in the aggregate one-seventh of the number of days occurring after the commencement of the first period of employment which, under the preceding sub-regulations of this regulation, may be included in the period of his service, or, if the member pursued a course of study under a Commonwealth scheme of vocational training, one-seventh of the difference between that number of days and the number of days included in a period or periods of absence during which he pursued that course of study.

“(8.) A period or periods of absence referred to in the last preceding sub-regulation shall not, for the purposes of this regulation, be included in the period of service of the member.

“(9.) For the purposes of this regulation, a member shall not be deemed to be, or to have been, absent by reason of his being—

(a) on leave of absence with pay or with part pay; or

(b) on leave of absence without pay granted—

(i) on account of illness;

(ii) in pursuance of a section of the Public Service Act 1922-1957 under which a period of absence has been, or is allowed to be, included as service for the purposes of that Act;

(iii) for a period not exceeding three months;

(iv) by the Commonwealth or an authority of the Commonwealth for the purpose of enabling him to pursue a course of study under a Commonwealth scheme of vocational training;

(v) by a State or an authority of a State for the purpose of enabling him to pursue a course of study under a Commonwealth scheme of vocational training, being a period of leave of absence included in his

 

service under and for the purpose of a law of that State providing for the granting of furlough or for the making of a payment in lieu of furlough; or

(vi) for such other purposes as the Minister determines subject to the approval of the Treasurer or of such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.

Certain members not members for purposes of Division 7, Part VI.

“481d. For the purposes of this Division—

(a) a soldier who enlisted on or after the third day of September, 1939, solely for service in time of war; or

(b) an officer (not being a graduate of the Royal Military College who graduated on or after the sixth day of October, 1939), or a soldier, who—

(i) was appointed or enlisted for service in a Garrison Battalion;

(ii) was appointed or enlisted on or after the third day of September, 1939, for service in a military force raised in time of war for war service; or

(iii) was appointed or enlisted on or after the sixth day of October, 1939, and before the termination of the time of war which commenced on the second day of September, 1939,

shall not, by reason only of that appointment or enlistment, be deemed to be a member of the Permanent Forces.

Definitions.

“481e. In this Division—

‘authority of a State’ means a public authority constituted under the law of a State for the purposes of discharging, subject to the direction or control of a Minister of State for the State, functions which are within the province of the State Government, but does not include a local governing body;

‘Commonwealth scheme of vocational training’ means a scheme of vocational training provided by the Commonwealth for persons who served in the Defence Force on war service within the meaning of section 23, 100 or 107b of the Repatriation Act 1920-1956 or on Malayan service within the meaning of the Repatriation (Far East Strategic Reserve) Act 1956;

‘death’ includes the presumed death of a member of the Permanent Forces where the Military Board directs that the death of the member be presumed to have happened on a day determined by the Military Board.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.