EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 41
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE CADET FORCES REGULATIONS (AMENDMENT)
The Cadet Forces Regulations, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, provide for the organisation and administration of the Naval Reserve Cadets, the Australian Cadet Corps and the Air Training Corps.
This Statutory Rule inserts a new Part III in the Cadet Forces Regulations to provide a scheme of compensation for members of the cadet forces who sustain loss of or damage to clothing or personal effects where the loss or damage is attributable to their service. The scheme is based on similar arrangements introduced for the Permanent and Reserve Forces in 1980.
Regulation 16, for the purpose of Part III, defines service of a cadet as attendance at activities or training provided by his unit.
Regulation 17 contains the substance of the scheme.
Sub-regulation (1) provides for compensation to be paid where a member sustains loss of, or damage to, clothing or personal effects where the loss or damage is attributable to his service.
Paragraph (2)(a) provides for the amount of compensation to be reduced correspondingly where an amount of damages or compensation is payable, otherwise than in accordance with the regulation, or an amount of insurance is payable in respect of the loss or damage.
Paragraph (2) (b) provides for compensation payable under the regulation to be reduced where a member’s negligence has contributed to his loss or damage.
Sub-regulation (3) provides that, where the loss or damage occurs through the member protecting Commonwealth property, through a fault or defect in Commonwealth property, or through an act or omission of a Commonwealth employee, compensation is not payable if the clothing or effects are replaced or repaired at Commonwealth expense.
Sub-regulation (4) provides that, where the loss or damage occurs in circumstances other than those set out in sub-regulation (3), compensation is not payable where any of the following conditions apply:
(a) the loss or damage was caused by the member’s negligence;
(b) he could reasonably have been expected to insure against the loss or damage;
(c) he could reasonably be expected to take proceedings to recover the amount;
(d) he has received, or is entitled to receive, from a person liable an amount equal to the loss or damage;
(e) proceedings have been instituted to recover the amount and those proceedings have not finally been disposed of; or
(f) the clothing or effects are replaced or repaired at Commonwealth expense.
Sub-regulation (5) preserves a member’s right to recover damages from the Commonwealth or any other person. Where a member subsequently obtained damages in respect of the loss, the Commonwealth would be able to recover from him the amount of the damages or the amount paid to him under the regulation, whichever was the lesser.
Sub-regulation (6) defines the “Commonwealth”, for the purpose of regulation 17, to include statutory authorities.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Cadet Forces Regulations (Amendment) Statutory Rules 1983 were enacted to address a gap in the compensation scheme for members of cadet forces in Australia who sustain loss or damage to their clothing or personal effects while on service. This legislation was made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The Australian Parliament introduced this amendment to ensure that members of the Naval Reserve Cadets, the Australian Cadet Corps, and the Air Training Corps receive fair compensation similar to that provided for the Permanent and Reserve Forces since 1980. The policy objective is to establish a compensation scheme that fairly considers the circumstances of loss or damage, including instances of negligence, pre-existing insurance, and other recoveries.
Scope and Application
The Cadet Forces Regulations, which are established under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, pertain to the organisation and administration of the Naval Reserve Cadets, the Australian Cadet Corps, and the Air Training Corps. These regulations now include a new Part III, which introduces a compensation scheme for members of the cadet forces who experience loss of or damage to their clothing or personal effects due to their service. This amendment is designed to align the cadet forces with the compensation arrangements already in place for the Permanent and Reserve Forces, which were instituted in 1980. The compensation scheme applies to any member who incurs loss or damage while attending activities or training provided by their unit, as defined by regulation 16. Regulation 17 outlines the specifics of the compensation, including conditions under which compensation may be reduced or withheld, such as instances of negligence on the part of the member or if the loss or damage could reasonably have been insured against. It is important to note that these regulations apply to the members of the cadet forces across Australia, as they are made under Commonwealth authority.
Key Provisions
The main operative sections of the Cadet Forces Regulations (Amendment) establish a compensation scheme for members of the cadet forces who experience loss or damage to their clothing or personal effects due to their service. Regulation 16 (1) defines "service" as attendance at activities or training provided by a cadet's unit. Regulation 17 (1) stipulates that compensation is payable to a member who sustains loss or damage to their clothing or personal effects due to their service. Regulation 17 (2) outlines conditions under which the compensation amount may be reduced. These include cases where damages or compensation are payable under other laws or insurance, or where the member's negligence contributed to the loss or damage. Regulation 17 (3) specifies that compensation is not payable if the loss or damage occurs while the member is protecting Commonwealth property, due to a fault or defect in Commonwealth property, or through the act or omission of a Commonwealth employee, provided the clothing or effects are replaced or repaired at Commonwealth expense. Regulation 17 (4) provides further circumstances where compensation is not payable, such as when the loss or damage is caused by the member's negligence, could have been insured against, or where the member has received or is entitled to receive compensation from another source.
The obligations and requirements imposed by these regulations include the need for cadet force members to attend activities or training as defined by their unit, as this constitutes their service. Members must report any loss or damage to their clothing or personal effects promptly to the appropriate authorities. They must also provide evidence of the loss or damage and its attribution to their service. The compensation scheme requires that the member's right to recover damages from the Commonwealth or another person is preserved, and that the Commonwealth can recover the amount of damages or compensation paid to the member if the member later obtains damages in respect of the loss. Statutory authorities are included within the definition of the "Commonwealth" for the purposes of these regulations.
Offences and penalties are not explicitly detailed in the regulations provided. However, failure to comply with the reporting requirements or providing false information could potentially lead to civil consequences, including the denial of compensation. If a member knowingly provides false information to obtain compensation, they may face criminal liability for fraud, which carries a maximum penalty of five years' imprisonment under Australian law. Additionally, if the Commonwealth recovers amounts paid to a member under the regulation, the member may face civil action to recover the lesser of the amount paid or the damages obtained from another source. The regulations come into effect from the date of their gazettal, ensuring that all provisions are immediately applicable to eligible cadet force members.