Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional)

Overview

The Statutory Rules 1911 No. 144, titled "Provisional Regulations Under the Defence Act 1903-1910: Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth", was enacted to address the urgent need for provisional regulations governing the financial and allowance provisions for military forces in the Commonwealth of Australia. This legislative instrument was introduced to ensure that financial and allowance regulations were promptly implemented for the military forces, thereby addressing operational needs swiftly and effectively. Enacted by the Governor-General in Council, the primary policy objective of this legislation was to establish provisional regulations to manage the financial and allowance aspects of the military forces in a manner that ensures efficiency and readiness. The regulation was brought into immediate operation due to its urgent nature, as certified by the Governor-General, reflecting the pressing requirement to provide clear guidelines for the financial and allowance aspects of military personnel, specifically addressing the per diem rates for chaplains in camp or field settings. This legislative action aimed to rectify any immediate gaps in the financial and allowance provisions for military forces, ensuring that military personnel could be adequately supported in their duties.

Scope and Application

The Statutory Rules 1911 No. 144, which includes the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, applies to members of the Commonwealth military forces, including chaplains, and pertains specifically to the allowances provided for their presence in camp or field settings. This provisional regulation, coming into immediate effect, outlines the financial allowances for various ranks, including the addition of a specific allowance for chaplains, which is subject to certain conditions such as the days they are required to be present in camp. The regulation’s application extends across the Commonwealth of Australia, governed by the Defence Act 1903-1910, and is intended to provide immediate financial support to military personnel based on their specific circumstances and duties. Notably, the regulation does not explicitly state any exclusions or thresholds beyond the conditions provided for chaplains' allowances. The scope of the regulation may be further extended or refined through subordinate instruments under the Defence Act.

Key Provisions

The main operative sections of the Statutory Rules 1911 No. 144 involve amendments to the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, specifically relating to the Camp or Field Allowance. Regulation 188, which deals with per diem allowances, has been amended to include a specific allowance for Chaplains (Regulation 188). This regulation now includes a provision stating that Chaplains are to receive a camp allowance of £0, 10 shillings, and 0 pence per day. Additionally, there is a footnote that provides further details on the conditions under which Chaplains may be eligible for the allowance, such as being limited to one day ordinarily, extending to two days if required on both Saturday and Monday, or potentially three days if they need to be present on Saturday, Sunday, and Monday and the camp is over 50 miles from their residence. The obligations imposed by these provisions include ensuring that Chaplains are correctly identified as eligible for the specified allowance and that the conditions for extended allowances are met and adhered to. This means that the relevant authorities must verify the attendance requirements and the distance of the camp from the Chaplain's residence to determine the appropriate number of days for which the allowance should be paid. The regulations also imply that records need to be kept to substantiate the claims made by Chaplains for the allowance. There are no explicit offences, penalties, or consequences mentioned in the regulation itself for failure to comply with these provisions. However, breaches of such provisional regulations could potentially lead to administrative consequences, such as the withholding of allowances or other disciplinary actions as deemed appropriate under the Defence Act 1903-1910. It is also possible that non-compliance could result in civil or criminal liabilities under broader military or financial regulations if the breach is severe enough to warrant such actions.