Financial and Allowance Regulations (Amendment)

Overview

Statutory Rules 1920 No. 123, issued under the Defence Act 1903-1918, were enacted to amend existing financial and allowance regulations for the Australian Military Forces and Senior Cadets. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument was introduced to address gaps in the financial provisions and allowances for military personnel, ensuring that certain charges, particularly those related to subsistence and medical attendance, are allocated appropriately according to constitutional provisions. The policy objective is to clarify the financial responsibilities between the Commonwealth and State governments, ensuring that the financial burden on Defence Votes is alleviated for specific circumstances such as incarceration or medical expenses outside of prescribed areas.

Scope and Application

The Statutory Rules 1920 No. 123 made under the Defence Act 1903-1918, pertains to amendments of the Financial and Allowance Regulations for members of the Australian Military Forces and Senior Cadets. This legislation applies to members of the Australian Military Forces and Senior Cadets, specifically addressing financial and allowance matters related to their subsistence, medical attendance, and other allowances. The scope of the regulations is confined to the financial and administrative aspects of the military forces and cadets within the Commonwealth of Australia. The regulations set out the parameters for when charges for subsistence are applicable, detailing that charges for the subsistence of members in civil gaol or awaiting trial are not to be paid from Defence Votes but rather a charge to the State Government. It also delineates the arrangements for medical attendance, stipulating the distances within which medical officers are required to provide such services and the allowances to be paid for those living beyond these distances. Additionally, the regulation outlines a revised scale for allowances based on the marital status and number of dependents of the members. These regulations extend across the Commonwealth and are applicable to all members of the Australian Military Forces and Senior Cadets as specified.

Key Provisions

The statutory rules in question pertain to amendments of financial and allowance regulations under the Defence Act 1903-1918, coming into effect immediately. Regulation 275, which has been repealed, previously outlined provisions for the payment of subsistence charges for military members incarcerated or awaiting trial. This regulation has been replaced to clarify that such charges are now a responsibility of the State Government under section 120 of the Constitution, which mandates states to provide for the detention of Commonwealth offenders (Reg. 275). Additionally, Regulation 301 has been amended to redefine the medical attendance for military members. Specifically, it now states that medical services will be provided by Area Medical Officers to members residing within a two-mile radius of the officer's residence, with members living further away needing to arrange their own medical care and potentially receiving an allowance of £1 per annum, payable half-yearly in arrears (Reg. 301(a)(iii)). Furthermore, the regulation alters the rates for medical attendance allowances, setting them at 10s. per annum for single members, 15s. for married members with their wives, and 20s. for married members with their wives and children (Reg. 301(e)). The obligations imposed by these regulations are primarily directed towards the Defence Force and its members, requiring them to ensure compliance with the new provisions. Members who reside outside the two-mile radius from an Area Medical Officer must arrange their own medical care and be prepared to claim the applicable allowance if eligible. Furthermore, the State Governments are mandated to bear the financial responsibility for the subsistence charges of military members incarcerated or awaiting trial in civil gaols, in line with constitutional provisions. The Defence Force must also ensure that these changes are implemented and adhered to within their ranks, particularly in the allocation of medical services and financial allowances. Breach of these regulations could potentially lead to legal and financial repercussions. For instance, failure to comply with the new allowances for medical attendance could result in disputes over financial support for medical services. Additionally, non-compliance with the constitutional provision regarding the financial responsibility of State Governments for the incarceration of military members might lead to legal challenges or claims for unreimbursed expenses. While the regulations themselves do not specify particular offences, penalties, or consequences for breach, the breach of constitutional mandates could lead to significant legal and financial implications for the involved parties.