STATUTORY RULES.
1916. No. 319.
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REGULATIONS UNDER THE DEFENCE ACT 1903–1915.
Australian Military Regulations 1916.
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 1903–1915, to come into operation forthwith.
Dated this twentieth day of December, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. H. LAIRD SMITH,
for Minister of State for Defence.
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Australian Military Regulations 1916.
Amendments.
Regulation 413 is cancelled and the following substituted therefor:—
“In cases of sickness or ill-health, District Commandants may, on production of satisfactory evidence, grant leave not exceeding three months, in accordance with the following schedule”: —
Length of Service in State and Commonwealth. | Period for which leave may he granted on— | |
Full pay. | Half-pay. |
| Months. | Months. | In exceptional cases, the Minister may take any special circumstances into consideration, and may vary the scale of payments: Provided that in no case shall the leave granted exceed three months on full pay. |
Under 5 years.... | 1 | 2 |
Over 5 years and under 10 years | 2 | 1 |
Over 10 years.... | 3 | … |
Regulation 414 is cancelled.
(The above amendments shall be taken to have effect on and from the first day of October, 1916.)
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.15303.—Price 3d.
Overview
The Australian Military Regulations 1916 were enacted under the Defence Act 1903–1915 to provide necessary administrative guidelines and controls during the First World War. The regulations were made by the Governor-General in Council, under the authority granted by the Defence Act, to address the operational and logistical needs of the Australian military forces engaged in the war effort. One of the key changes introduced by these regulations was the adjustment of leave entitlements for service members based on their length of service, reflecting the policy objective to ensure fair treatment and adequate support for soldiers who were ill or injured while on duty. This legislative instrument aimed to streamline and clarify the administrative processes related to military leave and pay during a time of significant national crisis.
Scope and Application
The Australian Military Regulations 1916, made under the Defence Act 1903–1915, pertain to the administration and operational procedures of the Australian military, impacting service personnel within the Commonwealth of Australia. These regulations apply to all members of the military, encompassing their conduct, leave entitlements, and administrative procedures during times of illness or ill-health. Specifically, they address the granting of leave by District Commandants to military personnel based on their length of service, providing structured schedules for leave durations on full or half-pay, with the flexibility for the Minister to adjust these provisions in exceptional cases. The regulations are designed to provide a clear framework for the management of leave entitlements within the military, ensuring consistency and fairness in application across the service. The application of these regulations is geographically limited to the Commonwealth of Australia, underscoring their national scope and relevance to all military personnel within the country’s jurisdiction.
Key Provisions
The Australian Military Regulations 1916, as detailed in Statutory Rules 1916 No. 319, primarily amend existing provisions concerning the granting of leave for military personnel due to sickness or ill-health. Regulation 413, in particular, is updated to provide a schedule for leave entitlement based on the length of service. District Commandants are authorised to grant leave not exceeding three months, with provisions for full pay and half-pay differentiated according to the period of service. The specific leave entitlements are: twelve months on full pay for those with under five years of service, two months on full pay and one month on half-pay for those with over five but under ten years of service, and three months on full pay for those with over ten years of service (section 413). In exceptional circumstances, the Minister may adjust these entitlements, but the total leave granted must not exceed three months on full pay.
These Regulations impose obligations on District Commandants to evaluate the evidence presented by personnel seeking leave due to sickness or ill-health and to adhere to the specified schedule when granting such leave. The Commandants must ensure that the leave granted aligns with the provisions outlined in the Regulations, considering the length of service of the personnel involved. The Minister's role is to oversee these processes and to intervene in exceptional cases where the standard provisions may not be appropriate.
Breaches of these Regulations may lead to disciplinary action against District Commandants for failing to adhere to the prescribed leave entitlements or for making decisions without proper consideration of the evidence provided. Personnel who misrepresent their condition to obtain leave may also face disciplinary action. Although the specific penalties for breaches are not detailed in the Regulations, they could include a range of administrative and disciplinary measures as per the Defence Act 1903–1915 and other relevant military laws. The consequences for such breaches may include financial penalties, loss of rank, or other disciplinary measures depending on the severity and nature of the breach.