Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets (Amendment)

Legislation au C1922L00112 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1922. No. 112.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1918, to come into operation forthwith.

Dated this ninth day of August, 1922.

STRADBROKE,

Deputy of the Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Defence.

 

Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921.

Amendments.

Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, are amended as follows:—

A. Regulation 12.—Delete the words—

“... or to hold a temporary appointment as Area Officer nor shall any member of any Australian Parliament be eligible to hold an appointment as an Area Officer”.

B. Regulation 46.—Delete the words—

“... together with uniform and rations or allowance in lieu, as may be approved by the Minister”.

C. Regulations 81 to 86 are cancelled and the following substituted therefor:—

“81. (a) Members of the Permanent Military Forces shall be granted medical attendance under the regulations and conditions hereafter defined. The term ‘medical attendance’ throughout these Regulations means:

(i) the professional advice and care during sickness or injury by medical officers appointed for the duty and the supply of medicines and dressings prescribed by the medical officer in charge of the case, and includes surgical operations of a minor nature which do not involve the administration of an anæsthetic;

(ii) the admission to a public or departmental hospital approved by the Director-General of Medical Services of a member of the Permanent Military Forces requiring hospital treatment.


(b) Medical attendance shall be provided as under:—

(i) Within a radius of 2 miles of District Base Headquarters—by the representative of the Director-General of Medical Services;

(ii) Within a radius of 2 miles of sub-District stations— by a Military Medical Officer or civilian practitioner appointed as Medical Officer in Charge of Permanent Troops, at a rate approved by the Military Board.

(iii) At other localities within a radius of 2 miles from the Area Medical Officer’s residence—by the Area Medical Officer.

(iv) Members of the Permanent Forces who reside outside the radius of 2 miles from District Base Headquarters, sub-District stations, or the Area Medical Officer’s residence, may be paid an allowance equivalent to the rate paid by local friendly societies for medical attendance.

In cases where the Area Medical Officer does not reside within the area, the radius of 2 miles shall be from the Head-quarters of the Training Area.

(c) Medicines and dressings prescribed by the medical officer in charge of the case shall be obtained either from a military dispensary or dispensary controlled by the Department of Repatriation, but in cases where, in the opinion of the representative of the Director-General of Medical Services this is not practicable, the representative of the Director-General of Medical Services may arrange for supply of medicines at rates not exceeding the following scale, payable half-yearly in arrear, or failing such arrangements the amount authorized may be paid direct to the member:—

Single members...................................

10s. per annum.

Married member and wife............................

15s. per annum.

Married member with wife and children...................

20s. per annum,

(d) Members of the Permanent Forces may be treated in a private hospital but the Department will only be liable for payment of fees which would have been charged had the patient been treated in a public or departmental hospital, except under special circumstances, such as serious injury in the performance of military duty necessitating immediate admission to a hospital.

The circumstances surrounding the admission of a member to a private hospital under the special circumstances herein referred to or any other cases which in the opinion of the representative of the Director-General of Medical Services require special consideration should be immediately reported to Army Head-quarters.

(c) The Department shall not be liable for any expenditure of public money for medical treatment of injuries received by a member whilst taking part in sports or games which do not form part of the approved training at an authorized parade.


82. Wives and children (children up to fourteen years of age) of members of the Permanent Military Forces may receive medical attendance as specified in regulation 81 (a) (i) provided that no extra expense to the public is incurred.

83. Medical attendance cannot be claimed for confinements or miscarriages.

84. Discharged members who, on account of illness, are unable to proceed to their homes may be subsisted in hospital at the discretion of the representative of the Director-General of Medical Services. In such cases it will not be necessary to cancel the member’s discharge.

85. Members of the Permanent Military Forces who are admitted to hospital as provided for in these Regulations shall be subject to such deductions in pay as may be prescribed by the Military Board, but in no case shall the deduction exceed the rates prescribed in regulations 44 and 45.”

D. Regulation 127.—Delete the words “Australian Military Regulations 1186 and 1189” and substitute therefor the words “the Australian Rifle Club Regulations”.

E. Regulation 138.—Add after sub-regulation (2) the following:—

“Provided that qualified civilians who are employed on duties enumerated in sub-regulation (c) shall be paid at the rate prescribed for Captain”.

F. Regulation 157.—Delete the words “The official audit of all Commanding Officers” and substitute therefor the following:—

“The audit of all official accounts of Commanding Officers”.

G. Regulation 163 is cancelled and the following substituted therefor:—

“163. (a). The maximum amount of compensation payable shall be a sum equivalent to three years’ pay at the rate the member received at the time of his retirement or discharge.

(b) The maximum amount shall only be awarded in case of total disability to earn a livelihood. In case of partial disability the compensation shall be less than the maximum amount and shall be payable on a basis of from 10 to 100 per cent. of the maximum amount, so that the amount awarded shall be proportionate to the degree of disability of the member to earn a livelihood”

H. Regulation 248.—Delete the following:—

“In the case of the Australian Imperial Force and Home Service Establishments rations shall not be drawn for any soldiers absent on leave.”

I. After regulation 12 insert heading and new regulation 13:—

“Aides-de-camp to the Governor-General, State Governors, &c.

13. An appointment as aide-de-camp to a Governor-General or to a Governor of a State or an appointment as Honorary Physician or Honorary Surgeon to the Governor-General shall not entitle an officer to any pay or allowances.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1922 No. 112, enacted under the Defence Act 1903-1918, were introduced to amend the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921. This legislative instrument was made by the Deputy of the Governor-General, with the advice of the Federal Executive Council, and is designed to bring about immediate effect. The primary objective of these regulations is to update and refine the financial and allowance framework for members of the Australian Military Forces, ensuring that allowances and benefits are distributed in line with current needs and circumstances. By amending and substituting certain regulations, the instrument aims to provide clarity and structure in the provision of medical attendance, allowances, and compensations for military personnel, thereby addressing issues such as the eligibility for certain allowances, the scope of medical attendance, and the criteria for compensation due to disability or injury.

Scope and Application

The Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921, pertains to the members of the Australian Military Forces and senior cadets, providing detailed guidelines on financial matters, allowances, and medical attendance for these personnel. The regulations govern the financial and allowance structure for members of the Permanent Military Forces, including allowances for medical attendance, pensions, and compensation. They also address the eligibility criteria for appointments such as Aide-de-camp to a Governor-General or a Governor of a State, clarifying that such appointments do not entitle officers to any pay or allowances. Geographically, these regulations apply across the Commonwealth of Australia, as they are made under the Defence Act 1903-1918, which has a national reach. The regulations also extend to members of the Australian Imperial Force and Home Service Establishments, ensuring comprehensive coverage of military personnel. Specific exclusions and exemptions are noted, such as the restriction on paying for medical treatment of injuries received during non-approved sports activities and the conditions under which compensation is payable for disability. These regulations are amended and updated through subordinate instruments, ensuring they remain relevant and effective in addressing the needs of military personnel.

Key Provisions

The Statutory Rules 1922, No. 112, made under the Defence Act 1903-1918, introduce amendments to the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, 1921. These amendments affect various aspects of military service, including eligibility for certain appointments, the provision of medical attendance, and the terms of compensation for disabilities. Regulation 12 has been amended to remove the disqualification for Australian parliamentarians to hold a temporary appointment as an Area Officer, while Regulation 46 no longer includes uniform and rations or allowance in lieu as part of the remuneration for certain positions. Regulations 81 to 86 have been entirely replaced with new provisions concerning medical attendance for members of the Permanent Military Forces. Medical attendance is defined as the professional advice and care during sickness or injury, the admission to an approved hospital, and the supply of prescribed medicines and dressings. The regulations specify different providers of medical attendance depending on the member's location and outline the circumstances under which members may be treated in private hospitals. The Act imposes specific obligations on military members and the Department of Defence, particularly regarding the provision of medical care. Members of the Permanent Forces are entitled to medical attendance within defined geographical areas, and those residing outside these areas may receive an allowance for medical attendance. The Department is liable for the cost of treatment in public or approved private hospitals under specific conditions, such as serious injury in the performance of military duty. Members must also adhere to certain restrictions, such as the prohibition of compensation for injuries sustained during non-approved sports or games. Failure to comply with the provisions of these regulations may lead to civil or criminal consequences, although specific penalties are not detailed in the regulations. The regulations outline various circumstances where the Department may not be liable for certain medical expenses, ensuring that public funds are used judiciously. Members are also subject to deductions in pay when admitted to hospital, as prescribed by the Military Board, with a cap on the amount of these deductions. The amendments to Regulation 163 significantly alter the compensation structure for members who suffer disabilities. The maximum amount of compensation is now equivalent to three years' pay at the rate received at the time of retirement or discharge, payable only in cases of total disability. For partial disabilities, compensation is awarded on a scale from 10 to 100 percent of the maximum amount, depending on the degree of disability. This change ensures that compensation is proportionate to the member's ability to earn a livelihood.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compensation
Medical Attendance & Treatment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.