Military Financial Regulations (Amendment) (Cth)

Statutory Rules 1964, No. 56.(d)

—————

Calculation of pay.

1. Regulation 13 of the Military Financial Regulations is amended—

(a)by omitting from sub-regulation (6.) the words “The service” and inserting in their stead the words “Subject to the next succeeding regulation, the service”.

2. After regulation 13 of the Military Financial Regulations the following regulations are inserted:—

Period during which member entitled to pay when absent on account of illness or injury.

“13a.—(1.) Subject to this regulation, a member who has been absent from duty on account of illness or injury for a continuous period exceeding six months is not entitled to pay and allowances under these Regulations in respect of any period of the absence continuing after the expiration of that period of six months.

“(2.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained whilst serving overseas is, if the Military Board considers that he is unable to resume duty at the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of the absence (if any), not exceeding six months, as the Military Board determines.

“(3.) Where—

(a)a member has been absent from duty for a continuous period of six months on account of illness or injury;

(b)a claim has, within that period of six months, been made under whichever of the Acts referred to in sub-regulation (7.) of this regulation is applicable that the illness or injury is an illness or injury in respect of which that Act makes provision for the payment of compensation or pension; and

  

(d) Made under the Defence Act 1903–1956 on 23 April, 1964; notified in the Commonwealth Gazette on 30 April, 1964.

 

(c) the claim has not been determined under that Act within that period of six months,

the Military Board may determine that this sub-regulation applies to the member, and in that case, the member is entitled to pay and allowances under these Regulations during any continuation of the absence that occurs after the expiration of that period of six months and before the expiration of the next succeeding six months or, if, in that next succeeding period of six months, a determination is made under that Act disallowing or rejecting the claim, until the date on which the determination is made.

“(4.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained that is attributable to service is, if the Military Board considers that he is unable to resume duty after the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Military Board determines.

“(5.) Where—

(a)the Military Board has made, under the last preceding sub-regulation, a determination in respect of a member;

(b)the illness or injury that is the cause of the absence from duty of the member resulted in an amputation of a part of the member’s body, or the treatment of which involved amputation, bone-grafting or skin-grafting; and

(c) the Military Board is satisfied that further treatment of the injury or illness is necessary,

the member is entitled to pay and allowances under these Regulations in respect of such further period of the absence, not exceeding six months, as the Military Board determines.

“(6.) Where a member—

(a) has been absent from duty on account of illness or injury;

(b) has resumed duty;

(c) is, within fourteen days after resuming duty, again absent from duty on account of the same illness or injury,

the periods during which the member is so absent shall be deemed to be for the purposes of this regulation, a continuous period of absence from duty.

“(7.) For the purposes of this regulation, an illness or injury is attributable to service if—

(a) it is an illness or injury in respect of which the Commonwealth Employees’ Compensation Act 1930-1962 makes provision for the payment of compensation; or

(b) it is an illness or injury in respect of which the Repatriation Act 1920-1963, the Repatriation (Far Eastern Strategic Reserve) Act 1956-1962 or the Repatriation (Special Overseas Service) Act 1962 makes provision for the payment of a pension.

“(8.) This regulation does not—

(a) entitle a member to pay and allowances; or

(b)authorize the Military Board to make a determination under which a member becomes entitled to pay and allowances,

in respect of any period that occurs after the member attains the prescribed age of retirement or, if the Governor-General has extended the prescribed age of retirement, after the expiration of the period of the extension.

Pay and allowances when absent on account of illness or injury caused by own offence.

“13b.—(1.) Where—

(a) a member has been absent from duty for a continuous period exceeding thirty days on account of illness or injury, whether or not by reason of the fact that he is in hospital; and

(b)the Military Board determines that the illness or injury is due to the action or conduct constituting an offence of which the member has been convicted,

the member shall forfeit—

(c) one-half of his pay in respect of each day, from and including the thirty-first day to and including the ninety-first day, on which he is so absent from duty; and

(d)the whole of his pay and, subject to regulation 23 of these Regulations, the whole of his allowances in respect of each day on which he is so absent from duty after the expiration of ninety-one days.”.

General provisions relating to eligibility for certain allowances.

3. Regulation 23 of the Military Financial Regulations is amended by omitting from sub-regulation (2.) the words “regulation 293 of the Australian Military Regulations” and inserting in their stead the words “regulation 13b of these Regulations”.

Interpretation.

4. Regulation 235 of the Military Financial Regulations is amended by omitting from the definition of “dental treatment” the words “, but does not include the supply of precious metals”.

Entitlement.

5. Regulation 236 of the Military Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) For the purposes of this regulation, ‘member’ includes a member of the Australian Cadet Corps.”.

6. After regulation 236 of the Military Financial Regulations the following regulation is inserted:—

Discharged member may be retained in hospital.

“236a. Where a person ceases by retirement, termination of appointment or discharge to be a member while undergoing treatment in accordance with the last preceding regulation in a hospital as an in-patient, the Director-General of Medical Services may, if satisfied that the person is so ill that his removal from hospital might have a seriously adverse effect on his health, authorize his continued treatment in the hospital for such period as the Director-General of Medical Services thinks fit.”.