STATUTORY RULES.
1927. No. 108.
REGULATIONS UNDER THE AIR FORCE ACT 1923, AND THE DEFENCE ACT 1903-1927.
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 Air Force Act 1923, and the Defence Act 1903-1927, to come into operation as from the first day of July, 1927.
Dated this seventeenth day of September, 1927.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
T, W. GLASGOW,
Minister of State for Defence.
Amendments.
Air Force Regulations.
Regulation 6 of the Air Force Regulations, 1922, is amended by deleting paragraph (c) thereof, and inserting a new paragraph (c) as follows:—
“(c) Division 1 of Part XI. with the exception of Regulations 401 to 408 inclusive, 410 and 411”.
After regulation 29, insert the following new Regulations:—
Application for sick leave.
30. Applications for leave of absence on the grounds of illness shall be supported by the certificate of a duly qualified medical practitioner approved by the Air Board, except in the case of single day absences not exceeding three in any twelve months, when, unless otherwise directed by the air or other officer commanding, the production of a medical certificate shall not be necessary.
Crediting and debiting of sick leave.
31. (1) The air or other officer commanding, or the Air Board in the case of the air or other officer commanding, may, subject to this regulation and on production of satisfactory medical evidence, grant leave of absence on the ground of illness.
C.11678.—Price 3d.
(2) 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.................. | 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’ services | 14 | 10 | 7 |
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(3) 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 sub-regulation (2) of this regulation:
Provided that no deduction shall be made in respect of leave granted prior to the first day of July, 1920:
Provided further that no deduction shall be made in the case of a member who served 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.
(4) After deduction has been made as provided in sub-regulation (3) 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 in the case of a member with not less than six months’ service whose 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 that in the case of a member with less than six months’ service whose credit after such deduction has been made is less than seven days on full pay, five days on half pay, and three and one half days on third pay, his credit shall be increased to those amounts.
Sick leave over thirteen weeks to be approved by the Air Board.
(5) Where a member has been absent through illness for thirteen weeks continuously, and application for further leave is made, further leave may be provisionally granted, subject to sub-regulation (2) of this regulation, but the application with supporting evidence of illness shall be forwarded to the Air Board, and in such case the granting of further leave shall be subject to the approval of the Air Board.
Extra sick leave in special cases.
32. Where, in cases of long service, the Air Board considers that exceptional treatment is justified, it may, where leave of absence on the ground of illness on pay has been exhausted; grant additional leave on third pay.
Other public service to count.
33. For the purposes of regulations 31 and 32 “service” means continuous service in a position of a permanent nature under the Commonwealth or a State, if continuous with his service in the Air Force.
Maximum sick leave with pay.
34. The period allowable with pay in respect of any continuous absence through illness shall not exceed 52 weeks.
Sick leave without pay.
35. Where a member has exhausted all leave of absence on the ground of illness allowable with pay, the Air Board may grant him leave without pay.
Maximum sick leave with and without pay.
36. The period allowable with and without pay in respect of any continuous absence through illness shall not exceed 78 weeks.
Sick leave not to count as Recreation leave.
37. Leave of absence on the grounds of illness shall not be reckoned as, nor included in, leave of absence for recreation.
Retirement for medical unfitness.
38. A member shall not except with his consent be retired or discharged on the grounds of medical unfitness until all leave on full pay, for which under regulation 31 he is entitled, has been exhausted.
Credit on re-appointment.
39. A member 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 or re-enlisted in the Air Force, be credited with the leave at his credit under regulation 31 immediately prior to his retirement or discharge.
Rate for holiday.
40. The rate of pay payable to a member in respect of n public holiday which occurs during the period for which leave of absence on the ground of illness is granted, shall be the same as that payable to him for the period of the leave during which the holiday occurs.
Two-thirds rate in certain cases.
41. A member who is absent from duty suffering from venereal disease may receive payment at a rate not exceeding two-thirds of that which would have been payable under regulation 31, had his absence been due to ordinary illness, and any such absence shall count as portion of the leave of absence which may be granted under these Regulations.
Illness due to misconduct.
42. (1) Where illness is caused by the misconduct of a member or in any case of absence without sufficient cause, the Air Board may determine whether leave shall be granted with full pay, half pay or third pay, or without pay.
(2) If leave of absence under this regulation is granted with pay, such absence shall count as portion of the leave of absence which may be granted under regulation 31.
Injury or illness due to service.
43. Leave of absence on account of wounds, injury, illness, disease or disability attributable to air service and contracted on duty shall not be counted as portion of the leave which may, under these Regulations be granted to a member on account of illness, but continuous absence in such cases shall not exceed 52 weeks on full pay and 26 weeks without pay.
Sickness abroad
44. A member serving abroad who has exhausted all leave of absence on full pay for which he is eligible under regulation 31 on the ground of illness may, on the approval of the Air Board, be granted extended leave of absence on full pay for such period as the Air Board may from time to time determine.
Fitness before resuming duty.
45. If any member is absent from duty on account of illness, and such absence has extended for a continuous period exceeding thirteen weeks he shall not be permitted to return to duty unless and until a medical board or a duly qualified medical practitioner approved by the Air Board has certified that he is fit to resume duty.
Meaning of “attributable to Air Service.”
46. For the purposes of regulation 43—
(a) A wound or injury shall be regarded as attributable to air service when—
(i) it is incurred during the actual performance of air service; and
(ii) it arises directly out of such performance;
(b) An injury sustained while taking part in properly organized air force games which form part of the approved training at an authorized parade, shall be regarded as attributable to air service;
(c) A disability, other than a wound or injury —
(i) shall be regarded as attributable to air service only when it arises directly out of circumstances necessarily incidental to air service; and
(ii) shall not be regarded as attributable to air service if, although contracted during the period of such service, it is due to the ordinary risks of indoor or outdoor life to which air service carries no special liability; and
(d) Any disease including typhoid, dysentery, and malaria, which in the opinion of the Air Board, a member serving abroad or at a tropical station in Australia is especially liable to contract, shall, if contracted by him while so serving, be regarded as attributable to air service.
Meaning of “Air Service.”
47 In those Regulations “air service” means any service required by or under these Regulations to be performed by any officer or airman of the Air Force, whether on land or sea or in the air.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.