Military Forces of the Commonwealth Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1914. No. 93.

_________

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.

Regulations for the Military Forces of the Commonwealth—Regulations 475 and 475a—Amendment.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903-1912, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this thirtieth day of July, One thousand nine hundred and fourteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN.

_________

REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.

Amendment.

Regulation 475, which reads as follows:—

Long Leave.

475. When an officer or soldier has continued in the Permanent Forces at least twenty years, the Governor-General may grant to him, on the recommendation of the Military Board, leave of absence for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer or soldier not having been granted such leave of absence retires from the service after at least twenty years’ service, the Governor-General, on the recommendation of the Military Board, may grant such officer or soldier six months’ pay on retirement, or upon the death of any officer or soldier who has continued in the Permanent Forces for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Military Board, may pay to the dependants of such deceased officer or soldier a sum equivalent to six months’ salary of such officer or soldier. Provided that when an officer or soldier has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event of retirement or death of an officer or soldier, whether payment may be made under the conditions prescribed herein, and as to the terms of such payment.

   

Soldiers to be eligible for long leave, in addition to complying with the foregoing conditions, must have fulfilled the requirements for the medal for Long Service and Good Conduct, provided also that the number on long leave at any one time does not exceed the following in each Military District:—

1st Military District...................................................................	3
2nd Military District.................................................................	5
3rd Military District..................................................................	5
4th Military District..................................................................	3
5th Military District..................................................................	2
6th Military District..................................................................	2

 

is cancelled, and the following substituted there for:—

Long Leave.

475. When an officer or soldier has continued in the Permanent Forces at least twenty years, the Governor-General may grant to him, on the recommendation of the Military Board, leave of absence for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer or soldier not having been granted such leave of absence retires from the service after at least twenty years’ service, the Governor-General, on the recommendation of the Military Board, may grant such officer or soldier six months’ pay on retirement, or upon the death of any officer or soldier who has continued in the Permanent Forces for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Military Board, may pay to the dependants of such deceased officer or soldier a sum equivalent to six months’ salary of such officer or soldier, or in cases where all or any of the dependants are under the age of twenty-one years, may authorize payment of the whole or part of such sum, on behalf of the dependants or such of them as are under the age of twenty-one years, to a person or persons approved by the Minister.

Provided that when an officer or soldier has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event or retirement or death of an officer or soldier, whether payment may be made under the conditions prescribed herein, and as to the terms of such payment.

Soldiers to be eligible for long leave, in addition to complying with the foregoing conditions, must have fulfilled the requirements for the medal for Long Service and Good Conduct, provided also that the number on long leave at any one time does not exceed the following in each Military District:—

1st Military District...................................................................	3
2nd Military District.................................................................	5
3rd Military District..................................................................	5
4th Military District..................................................................	3
5th Military District..................................................................	2
6th Military District..................................................................	2

Regulation 475a, which reads as follows:—

475a.(1) The Governor-General may, upon the recommendation of the Military Board, grant to any officer or soldier of satisfactory

 

service, who is not eligible for the furlough prescribed in Regulation 475, prior to his retirement from the service on or subsequent to his attaining the age for retirement, leave of absence with full pay as follows:—

Service of 16 years and under 20 years......................................	5 months.
Service of 12 years and under 16 years......................................	4 months.
Service of 8 years and under 12 years........................................	3 months.
Service of 4 years and under 8 years..........................................	2 months.
Service of less than 4 years.......................................................	1 month.

(2) Or, in lieu of such leave, the Governor-General may, on the recommendation of the Military Board, grant to the officer or soldier a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer or soldier who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependants of such deceased officer or soldier of a sum equivalent to the any of such officer as soldier for the period of leave which he could have been granted under this Regulation.

(3) Commandants in forwarding a recommendation as behalf of a soldier under (1) and (2) foregoing will attach a copy of the regimental conduct sheet of such soldier, and certify that he has fulfilled the conditions entitling him to be awarded not less than a “very good” character on discharge.

 

is cancelled, and the following substituted therefor:—

475a. (1) The Governor-General may, upon the recommendation of the Military Board, grant to any officer or soldier of satisfactory service, who is not eligible for the furlough prescribed in Regulation 475, prior to his retirement from the Service on or subsequent to his attaining the age for retirement, leave of absence with full pay as follows:—

Service of 16 years and under 20 years......................................	5 months.
Service of 12 years and under 16 years......................................	4 months.
Service of 8 years and under 12 years........................................	3 months.
Service of 4 years and under 8 years..........................................	2 months.
Service of less than 4 years.......................................................	1 month.

(2) Or, in lieu of such leave, the Governor-General may, on the recommendation of the Military Board, grant to the officer or soldier a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer or soldier who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependants of such deceased officer or soldier of a sum equivalent to the pay of such officer or soldier for the period of leave which he could have been granted under this Regulation.

Provided that upon the death of an officer or soldier leaving dependants all or any of whom are under the age of twenty-one years, any sum of money payable to the dependants under this Regulation may be paid in whole or in part on their behalf or on behalf of such of them as are under the age of twenty-one years to a person or persons approved by the Ministe r.

(3) Commandants in forwarding a recommendation on behalf of a soldier under (1) and (2) foregoing will attach a copy of the regimental conduct sheet of such soldier, and certify that he has fulfilled the conditions entitling him to be awarded not less than a “verygood” character on discharge.

___________________________

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