Financial and Allowance Regulations (Amendment)

Overview

The Statutory Rules 1920, No. 118, enacted under the Defence Act 1903-1918, address the need to revise financial and allowance regulations for the Australian Military Forces and Senior Cadets. These regulations, issued by the Governor-General in Council and dated 7 July 1920, are intended to provide updated financial provisions for officers of the Citizen Forces acting as members of Courts Martial. The amendment aims to ensure that these officers receive appropriate compensation for their duties, effective from 1 October 1918. The regulation specifies that such officers shall receive an allowance equal to the full daily rate of their military pay for each day or portion of a day exceeding four hours during their service, with no additional travelling allowance provided. The policy objective is to formalise and regulate the financial compensation for military personnel serving on Courts Martial, ensuring that their contributions are fairly recognised and rewarded.

Scope and Application

The Statutory Rules 1920 No. 118 amends the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets under the Defence Act 1903-1918. This regulation specifically applies to officers of the Citizen Forces who are acting as members of Courts Martial, excluding times when their Corps is attending parade, encampment, or meetings of the Military Board, Promotion Board, or any Court, Board or Committee approved by the Minister. The regulation outlines the allowance these officers are entitled to, which is equal to their full daily military pay rate for each day or part of a day they serve beyond four hours in their role. The regulation also details the method of calculating the allowance for a fraction of a day, ensuring that no more than one day's allowance is granted for a full twenty-four-hour period and that no additional travelling allowance is payable. This regulation applies on a national level across the Commonwealth of Australia and is effective from 1 October 1918.

Key Provisions

The main operative sections of this Statutory Rule, made under the Defence Act 1903-1918, involve the amendment of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, Regulation 207 is repealed and replaced with a new regulation (section 1). The new Regulation 207 provides that officers of the Citizen Forces who serve as members of Courts Martial, outside of specific activities such as attending parades, encampments, or meetings of various boards and committees, are entitled to an allowance equivalent to their full daily military pay for each day, or part of a day exceeding four hours, they are employed in such duties (section 1(1)). The regulation also details the method for calculating payment for partial days, stipulates that no more than one day's allowance will be granted for any 24-hour period, and clarifies that no additional travel allowance will be paid (section 1(1)). The obligations and requirements imposed by this Act on the parties it governs include ensuring that officers of the Citizen Forces who serve as Courts Martial members outside of specified activities are compensated appropriately. The regulation requires that these officers receive an allowance based on their full daily military pay for the time they spend in Courts Martial duties, provided it exceeds four hours in a day. This allowance must be calculated with each hour being one-eighth of the daily rate, and it is capped at one day’s allowance per 24-hour period. Moreover, no travel allowance is to be added to this compensation. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this regulation for breach of its provisions. However, the failure to comply with the prescribed payment structure could lead to disputes or claims regarding the correct allowance for services rendered, potentially resulting in litigation or administrative review to resolve any discrepancies. The regulation's purpose is primarily to clarify and formalise the financial entitlements for certain military duties, rather than to penalise non-compliance directly within its text.