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

Overview

The Statutory Rules 1917, No. 164, issued under the Defence Act 1903–1915, address a gap in the process of medical examinations for recruits within the Australian Military Forces. Enacted by the Governor-General in Council, these regulations were designed to streamline the medical assessment process for recruits of the Militia Forces who are not subject to the personal service requirements outlined in Part XII of the Act. The intention behind this regulation is to ensure that the medical examination process is appropriately tailored to those recruits who are exempt from specific service obligations, thereby enhancing the efficiency and relevance of the medical assessment process for these individuals.

Scope and Application

The Statutory Rules 1917, No. 164, made under the Defence Act 1903–1915, modify Regulation 360 of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. This regulation pertains specifically to the financial and allowance requirements for members of the Australian Military Forces, including senior cadets, and imposes obligations on them. The amendment targets the medical examination of recruits for units of the Militia Forces, excluding those who are not subject to the personal service obligations outlined in Part XII of the Defence Act 1903–1915. The regulation applies nationally across Australia, as it is issued under the Commonwealth authority and pertains to federal military forces and their allowances. The scope of the regulation is limited to military recruits and their medical examinations, excluding those exempt from personal service requirements. There are no explicit exclusions or exemptions beyond the stated criteria, and the regulation’s application is direct without reliance on subordinate instruments.

Key Provisions

The main operative section of this Statutory Rule is Regulation 360, which modifies the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, section (vi) of the regulation has been altered to exclude medical examinations for recruits of the Militia Forces who are not liable to render personal service as outlined in Part XII of the Defence Act 1903–1915 (section 360). The original provision, which required medical examinations for recruits of the Militia Forces raised at appointed training locations, has been replaced. The amended provision now mandates medical examinations for recruits who do not fall under the obligation to provide personal service as per Part XII of the Act. Under this Act, the primary obligation imposed on the relevant parties, including the Militia Forces and the Defence Department, is to ensure that recruits who are not exempt from personal service undergo medical examinations. This change in regulation seeks to streamline the recruitment process by focusing medical assessments on those recruits who are not exempted from the personal service requirement. The Defence Department is tasked with implementing this change and ensuring that all recruits who are subject to the medical examination requirement are appropriately assessed. The Statutory Rule does not explicitly mention any offences, penalties, or consequences for non-compliance with the amended Regulation 360. However, failure to adhere to the Defence Act 1903–1915 and its regulations, including the requirement for medical examinations of recruits, could potentially lead to disciplinary action or other administrative consequences. Such actions would be determined based on the specific circumstances and the discretion of the Defence Department or relevant authorities. The precise legal consequences would depend on the context and the severity of the non-compliance.