STATUTORY RULES.
1918. No. 72.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
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 1903-1917 to come into operation forthwith.
Dated the twentieth day of March, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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The Australian Military Regulations 1916 are amended as follows:—
(1) Regulation 375—
(a) For the words “may, if they so desire” is substituted the word “shall”.
(b) For the word “may” occurring next after the words “medical officer” is substituted the word “shall”.
(2) After regulation 493 the following new regulation is inserted:—
“493a. (1) Any member of the Permanent Forces while on War Service may be required to undergo such medical and dental treatment as may be deemed necessary by a medical officer to cure or remove or to prevent or reduce the likelihood of any disease or infirmity which affects or is likely to affect the efficiency of such member in the carrying out of his duties.
(2) For the purposes of sub-regulation (1) of this regulation medical treatment shall include vaccination and inoculation, and dental treatment shall include the extraction and filling of teeth.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.3656.—Price 3d.
Overview
Statutory Rules 1918 No. 72, titled "Regulations Under the Defence Act 1903-1917," was enacted to amend the Australian Military Regulations of 1916 and establish new provisions for the medical treatment of members of the Permanent Forces during wartime. This legislative instrument was made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The primary objective of these regulations was to ensure that members of the military receive necessary medical and dental care to maintain their efficiency in service, which includes mandatory treatment as determined by medical officers. The regulations also explicitly include vaccination, inoculation, extraction, and filling of teeth as part of required medical and dental treatments. This legislative instrument addresses the need for comprehensive health care provisions for military personnel engaged in war service.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1918 No. 72, establish mandatory medical and dental requirements for members of the Permanent Forces while on war service. These regulations apply specifically to individuals serving in the Australian Defence Force, mandating that they undergo necessary medical and dental treatment to prevent or mitigate any health issues that could impair their ability to perform their duties. This requirement extends to vaccinations, inoculations, and dental procedures such as extractions and fillings. These regulations are made under the Defence Act 1903-1917 and apply on a national level within the Commonwealth of Australia, affecting all members of the Permanent Forces during periods of war service. The amendments also stipulate that certain medical interventions, previously discretionary, are now mandatory, enhancing the scope of medical oversight for military personnel in active service.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1918 No. 72, introduce significant changes to the requirements and obligations of members within the Permanent Forces. Regulation 375 now mandates that members must comply with certain medical and dental directives, altering the previous discretionary language to a requirement. Specifically, where previously a member "may" undergo medical or dental treatment, it is now a mandatory directive that they "shall" comply. This change is intended to ensure that all members receive necessary medical attention to maintain their efficiency and readiness for duty.
Additionally, Regulation 493a introduces a new provision that allows any member of the Permanent Forces on War Service to be required to undergo medical and dental treatment as deemed necessary by a medical officer. This treatment may include vaccinations, inoculations, extractions, and fillings to prevent or reduce the likelihood of any disease or infirmity affecting their duty efficiency. This regulation underscores the importance of maintaining the health and operational capability of military personnel, ensuring they are fit for service.
The Act imposes specific obligations on the members of the Permanent Forces, mandating compliance with medical and dental treatments as prescribed by medical officers. Members must undergo any required treatment, which includes vaccinations and dental procedures, to maintain their health and effectiveness in carrying out their duties. Failure to comply with these mandatory health directives could potentially result in disciplinary actions or impact their ability to perform their military responsibilities effectively.
There are no explicit offences, penalties, or consequences for breach detailed within the provided text of the amended regulations. However, non-compliance with these mandatory health directives could lead to internal military disciplinary measures, which might include administrative or punitive actions under the Defence Act 1903-1917 or other applicable military regulations. These consequences could affect a member's career progression or standing within the military.