Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets (Amendment) (Cth)

STATUTORY RULES.

1932. No. 28.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

I, THE GOVERNOR-GENERAL of 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 forthwith.

Dated this ninth day of March, 1932.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

G. F. pearce

Minister of State for Defence.

 

Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets.

(Statutory Rules 1926, No. 211, as amended to this date.)

Amendments.

1. The Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets are amended by inserting, after regulation 1, the following regulation:—

“Short title.

1a. These Regulations may be cited as the Military Financial and Allowance Regulations.”

2. The Military Financial and Allowance Regulations are amended by inserting at the end of Part VII. the following regulation:—

“Reduction of compensation in certain circumstances.

183. Notwithstanding anything contained in this Part, where the death of or injury to a member in respect of which compensation is payable under these Regulations was caused under circumstances creating a legal liability in some person other than the Commonwealth to pay damages in respect thereof, the following provisions shall apply:—

(a) The member, or the widow and family of the member in case of his death, shall not be debarred from making a claim under these Regulations by reason of the fact that damages are paid by a third party, but the amount of damages so paid shall be taken into account in assessing the amount of compensation payable under these Regulations in the following manner:—

(i) Where the amount of damages paid by a third party is less than the amount of compensation payable under these Regulations, there may be paid to

552.—Price 3d.

 

the member, or the widow and family of the member in the case of his death, the difference between the amount of damages so paid and the compensation payable under these Regulations; and

(ii) Where the amount of damages paid by a third party is equivalent to, or in excess of the amount of compensation payable under these Regulations, there shall not be payable to the member, or the widow and family of the member in the case of his death, any compensation under these Regulations;

(b)The Minister may request a member, or the Widow and family of a member in the case of his death, to prefer a claim for damages against the person alleged to be responsible for the injury or death and in such cases the proceedings in relation to the claim shall be conducted on the claimant’s behalf at the expense of the Commonwealth; and

(c) In the event of a member, or the widow and family of a member in the case of his death, preferring a claim for damages against the person alleged to be responsible for the injury or death, before the Minister has considered the case, the claimant’s legal expenses or any part thereof shall not be paid by the Commonwealth, but the amount of any damages obtained shall be taken into account in the manner prescribed in paragraph (a) of this regulation.”.

 

By Authority: H. J. Green, Government Printer, Canberra.