Australian Military Regulations (Amendment)

Overview

The Statutory Rules 1975 No. 144 are Regulations made under the Defence Act 1903-1973 by the Governor-General, John R. Kerr, on behalf of the Minister of State for Defence. These Regulations were introduced to amend the Australian Military Regulations, specifically addressing the duration of sick leave for members of the military on recreation leave. The policy objective was to reduce the leave entitlement from four days to one day for illnesses or injuries incurred while on recreation leave, effective from 1 July 1974. This amendment aimed to streamline the administrative process and ensure more efficient management of leave entitlements within the Defence Act framework.

Scope and Application

The Regulations under the Defence Act 1903-1973, specifically Statutory Rules 1975 No. 144, amend Regulation 465a of the Australian Military Regulations concerning sickness on recreation leave. This legislative instrument applies to members of the Australian Defence Force who become ill or suffer injury while on recreation leave after 1 July 1974. The amendment reduces the period of leave that can be granted due to illness from four days to just one day, effectively narrowing the scope of leave entitlement in cases of illness during recreational leave. These regulations operate within the jurisdictional reach of the Defence Act and apply nationally across Australia, impacting all members of the Australian Defence Force regardless of state or territory. There are no stated exclusions or exemptions within the text, and the amendment does not extend or restrict application through subordinate instruments.

Key Provisions

The key operative sections of these regulations concern the amendment of Regulation 465a of the Australian Military Regulations (section 1). This regulation pertains specifically to the adjustment of the leave period for military members who fall ill or are injured while on recreation leave. The regulation reduces the leave period from "four days" to "one day" (section 1). The amendment applies to instances of illness or injury that occur after 1 July 1974 (section 2). The legislative intent is to modify the existing leave provisions to ensure they are more closely aligned with current practices or policies. These regulations impose certain obligations and requirements on the parties governed by them. For example, they require military personnel who become ill or injured while on recreation leave to comply with the reduced leave period as stipulated in the amendment. This means that affected personnel are entitled to only one day of leave rather than the previous four days. The regulation ensures that the new leave period is uniformly applied to all relevant cases post-1 July 1974. The regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that non-compliance with the amended leave provisions could lead to administrative or disciplinary actions within the military framework. Although the specific penalties are not stated in the regulations themselves, any breaches could result in consequences such as loss of leave, fines, or other disciplinary measures as per the military's existing rules and regulations. The precise nature and severity of these penalties would be determined by the applicable military laws and internal disciplinary procedures.