STATUTORY RULES.
1917. No. 188.
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REGULATION UNDER THE DEFENCE ACT 1903–1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903–1915, to come into operation forthwith.
Dated this fifteenth day of August, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets dated 14th February, 1917 (Statutory Rules 1917, No. 31) are amended by adding after Regulation 178 the following new Regulations: To take effect as from 1st April, 1917:—
“178a. In cases in which an Officer or soldier has not recovered from his injury sufficiently to enable him to resume his ordinary occupation within the period of six months as provided in Regulation 178, and has not been permanently disabled, compensation at rates not exceeding those provided in Regulation 178 may be continued for such further period as may be approved by the Military Board.”
“178b. In these Regulations, the term ‘injury’ will be held to include ‘illness’ should such be contracted whilst on duty and be ascribable to conditions of service.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.10263.—Price 3d.
Overview
The Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets 1917, made under the Defence Act 1903–1915, aim to address the issue of compensation for military personnel who are unable to return to their ordinary occupation within six months due to injuries or illnesses contracted during service. Enacted by the Governor-General in the Federal Executive Council, these regulations seek to provide continued compensation at rates not exceeding those stipulated in existing regulations for such personnel until they recover or are deemed permanently disabled. The policy objective is to ensure that service members receive appropriate support during their recovery period, recognising the impact of their service on their health and ability to work.
Scope and Application
The Statutory Rules 1917, No. 188, issued under the Defence Act 1903–1915, pertains to the financial and allowance regulations for members of the Australian Military Forces and senior cadets. This regulation applies to officers and soldiers within the Australian Military Forces who are injured or ill in the line of duty, and it specifically addresses compensation for those who have not fully recovered within the six-month period outlined in Regulation 178 but have not been permanently disabled. The compensation can be extended for an additional period as approved by the Military Board. Furthermore, the term "injury" is broadened to include any illness contracted during duty that can be attributed to service conditions. The regulation operates within the Commonwealth jurisdiction and does not specify any exclusions, exemptions, or thresholds beyond those mentioned. The scope of this regulation is thus narrowly focused on the financial compensation for service personnel affected by injuries or illnesses sustained during their duties.
Key Provisions
The main operative sections of this regulation, introduced as part of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets, establish provisions for compensation in cases where officers or soldiers have not fully recovered from their injuries or illnesses within a six-month period, as outlined in Regulation 178 (178a). Specifically, it allows for the continuation of compensation for an additional period, subject to approval by the Military Board. Furthermore, it broadens the definition of "injury" to include "illness" contracted while on duty and attributable to service conditions (178b). This amendment ensures that officers or soldiers who suffer from service-related illnesses receive the same consideration as those who suffer from injuries.
The obligations and requirements imposed by these regulations primarily concern the Military Board, which is tasked with reviewing and approving the continuation of compensation for those who do not recover within the initial six-month period. The Board must also ensure that the compensation rates do not exceed those stipulated in Regulation 178. Additionally, the term "injury" now includes illnesses contracted on duty and attributable to service conditions, which places an obligation on the Board to consider these cases within the same framework as physical injuries.
Regarding the consequences of breaching these regulations, the legislation does not explicitly outline any specific offences or penalties for non-compliance. However, the primary consequences would likely stem from the failure to provide appropriate compensation to those who are entitled to it under the terms of the regulation. Such a failure could lead to legal challenges, claims for compensation, or other administrative repercussions. The absence of explicit penalties in the text suggests that the primary enforcement mechanism would be through internal administrative and judicial review processes.