Financial and Allowance Regulations (Amendment)

Overview

The Statutory Rules 1920 No. 196, under the Defence Act 1903–1918, was enacted to amend financial and allowance regulations for the Australian Military Forces and Senior Cadets, specifically addressing the costs associated with medical examinations conducted by Area Medical Officers and local medical practitioners. The regulation was issued by the Governor-General in Council, with the advice of the Federal Executive, and was intended to come into effect immediately upon its publication on October 21, 1920. The underlying aim of this amendment was to manage the financial implications of medical examinations within the military forces by allowing for the use of local medical practitioners under certain conditions, thus ensuring that the Department's expenses were kept within reasonable limits.

Scope and Application

The Statutory Rules 1920 No. 196, made under the Defence Act 1903–1918, specifically amends Regulation 360 of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. This amendment pertains to the allowances for the Area Medical Officer and the employment of local medical practitioners in the course of their duties. The regulation applies to the Area Medical Officer and local medical practitioners involved in examinations within the Australian Military Forces and Senior Cadets. The amendment provides provisions for travelling allowances and payments to local medical practitioners when examinations necessitate the absence of the Area Medical Officer from their headquarters. The regulation applies on a national level as it is a Commonwealth instrument. There are no stated exclusions or exemptions within the scope of the amendment, but it does specify conditions under which allowances and payments are applicable. The regulation may be extended or restricted through subordinate instruments, but no such details are provided in the given text.

Key Provisions

The Statutory Rules of 1920, No. 196, issued under the Defence Act 1903–1918, introduce amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, Regulation 360 is altered to modify the conditions under which Area Medical Officers can be absent from their headquarters for medical examinations and how costs are managed in such scenarios. The amendment primarily focuses on the circumstances when the Area Medical Officer must be absent for less than 24 hours and the financial implications of employing local medical practitioners for examinations (Regulation 360). Under this legislation, Area Medical Officers are allowed to be absent from their headquarters if necessary for medical examinations, with provisions for travel allowances under Financial and Allowance Regulation 190, provided the cost to the Department does not exceed what would be incurred if local medical practitioners conducted the examinations at a rate of 2s. 6d. per examination. This arrangement ensures that the Department's expenses remain controlled while still allowing necessary medical examinations to proceed. In cases where the Area Medical Officer does not examine all assigned personnel, local medical practitioners can be employed at the same rate of 2s. 6d. per examination, and any payments made to these practitioners are to be deducted from the Area Medical Officer’s allowance. The regulations impose certain financial management obligations on the parties involved. The Department must ensure that the cost of employing local medical practitioners does not exceed the hypothetical cost of having the Area Medical Officer conduct all examinations himself. Additionally, any payments made to local medical practitioners must be accounted for and deducted from the Area Medical Officer’s allowance. This requirement places a responsibility on the Department to monitor and manage these costs effectively to avoid overspending. Failure to comply with the financial management provisions outlined in the regulations may lead to financial discrepancies and potential over-expenditure. While the legislation does not explicitly state civil or criminal penalties for non-compliance, the oversight and accountability mechanisms are designed to ensure adherence to the stipulated financial limits. Breaches of these provisions could result in financial audits and corrective measures to rectify any financial mismanagement.