STATUTORY RULES.
1932. No. 147
REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, 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 1903-1927, to come into operation forthwith.
Dated this sixteenth day of December, 1932.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets.
(Statutory Rules 1926, No. 211, as amended to this date.)
Amendments.
1. Regulation 81 is amended by inserting at the end thereof the following paragraphs:—
(e) Notwithstanding anything contained in these Regulations where a member of the Permanent Military Forces who has been granted medical attendance under this regulation recovers or receives damages from a third party, the Military Board may require the member to pay to the Secretary, Department of Defence, either in a lump sum or in such instalments as the Board directs, the whole or any portion of the cost of the medical attendance granted under this regulation, and thereupon the amount so directed to be paid shall be a debt due to the Commonwealth.
(f) If any member—
(i) fails or refuses to pay the amount directed by the Military Board to be paid in pursuance of paragraph (e) of this regulation; or
(ii) requests that the amount be deducted from any moneys from time to time becoming due to him as a member of the Permanent Military Forces, the Board may direct that the amount be deducted, in a lump sum or by instalments, from any moneys from time to time becoming due to the member, or may cause such other action to be taken for the recovery of the amount as to the Board seems fit.
3771.—Price 3d.
2. Regulation 258 is amended by repealing the words “In addition 2 oz. of lime juice per diem may be allowed for personnel serving at Thursday Island at the discretion of the Medical Officer in Charge of Permanent Troops at that station” and inserting the words “In addition 2 oz. of lime juice per diem, at the discretion of the Medical Officer in Charge, may be allowed for personnel serving at any station north of latitude 20 degrees South.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1932, No. 147, under the Defence Act 1903-1927, was enacted by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument aims to amend financial and allowance regulations for the Australian Military Forces and senior cadets. The primary problem it addresses is the financial recovery from members of the Permanent Military Forces who have been granted medical attendance but subsequently recover or receive damages from third parties, thereby ensuring that the Commonwealth recoups the costs incurred. The policy objective is to maintain the financial integrity of the Department of Defence by ensuring that members contribute to the costs of their medical attendance if they recover or receive compensation from other sources.
Scope and Application
The Regulations under the Defence Act 1903-1927 apply to members of the Permanent Military Forces who have been granted medical attendance, including senior cadets. These regulations govern the financial and allowance aspects associated with medical attendance for military personnel, including provisions for recovery of costs from the member if they receive damages from a third party. The regulations also extend to the geographic scope where allowances for lime juice are permitted for personnel serving north of latitude 20 degrees South, as opposed to a specific location like Thursday Island. The amendments outline specific processes for the deduction of directed payments from a member’s due moneys or other recovery actions if the member fails to pay. The regulations establish a debt due to the Commonwealth in cases of non-payment, and they come into operation immediately as per the authority granted by the Governor-General acting on advice from the Federal Executive Council.
Key Provisions
The main operative sections of these Regulations pertain to financial and allowance provisions for members of the Australian Military Forces and Senior Cadets, specifically amending Regulations 81 and 258. Regulation 81(e) introduces a provision whereby a member of the Permanent Military Forces who recovers or receives damages from a third party for a medical condition must repay the Commonwealth for any medical attendance provided. This repayment can be directed by the Military Board in a lump sum or instalments as they deem appropriate. If the member fails to pay or requests that the amount be deducted from their due payments, the Board has the authority to enforce payment by deduction or other means deemed suitable (Reg. 81(f)). Additionally, Regulation 258 modifies the allowance for lime juice for personnel serving north of latitude 20 degrees South, expanding the eligibility beyond just Thursday Island (Reg. 258).
These Regulations impose several obligations on the members of the Australian Military Forces and the Military Board. Members are required to repay the Commonwealth for medical attendance costs if they recover or receive damages from a third party. They must comply with any repayment terms set by the Military Board, either by direct payment or allowing deductions from their due payments (Reg. 81(e), (f)). The Military Board, on the other hand, must exercise discretion in determining the amount and method of repayment and ensure compliance with the prescribed provisions (Reg. 81(e), (f)).
The Regulations also outline potential consequences for non-compliance. If a member fails to pay the directed amount or refuses to allow deductions from their due payments, the Military Board can take various enforcement actions, including continuing deductions or pursuing other recovery measures as they deem appropriate (Reg. 81(f)). However, the Regulations do not explicitly state any specific offences, penalties, or maximum penalties for breaches. It is presumed that any significant non-compliance could lead to disciplinary actions under the Defence Act 1903-1927 or other relevant military law provisions.