STATUTORY RULES.
1911. No. 152.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Amendment to Regulation 161 relating to Injuries to Horses.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-seventh day of September, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
At end of Regulation 161, add new sub-paragraph:—
“In cases in which an injury is not reported to the District Commandant within the limits of the time prescribed by this Regulation, and the Government is subsequently called upon to pay compensation in connexion with such injury, the amount so paid by the Government may be made a charge against the officer or soldier responsible for the neglect of duty in failing to report the injury.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14562.—Price 3d.
Overview
The Statutory Rules 1911 No. 152, titled "Provisional Regulations Under the Defence Act 1903-1910," were introduced to address the need for immediate adjustments in financial and allowance regulations concerning the military forces of the Commonwealth. Enacted by the Governor-General in Council, these provisional regulations aimed to provide a swift response to urgent matters, including those related to the management of injuries to horses within the military forces. This legislative instrument underscores the policy objective of ensuring that officers or soldiers who neglect to report injuries within the stipulated timeframe are held accountable for any subsequent compensation paid by the government, thus reinforcing accountability and timely reporting within the military structure.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910, specifically addressing the Financial and Allowance Regulations for the Military Forces of the Commonwealth, extend to the officers and soldiers of the military forces. These regulations govern financial matters, including allowances and compensation, and their purpose is to establish the conditions under which financial claims, particularly those relating to injuries, are processed. The regulation pertains to incidents where injuries to horses, which are part of the military forces' assets, are not reported within the stipulated time frame, leading to potential financial liabilities for the government. In such instances, the compensation paid by the government for the injury may be charged against the officer or soldier responsible for the delay in reporting the injury. The regulation has a national jurisdictional reach, applying across the Commonwealth of Australia, and it does not specify any exclusions or thresholds beyond the stipulated reporting period. Any further elaboration or specific application details are subject to subordinate instruments that may extend or refine the regulation's application.
Key Provisions
The key operative section of the Provisional Regulations under the Defence Act 1903-1910, specifically in relation to Regulation 161, mandates that if an injury to a horse is not reported to the District Commandant within the specified time frame, the officer or soldier responsible for this neglect may be held liable for the compensation paid by the Government (Reg. 161). This amendment is aimed at ensuring timely reporting of injuries to horses, thereby facilitating appropriate management and compensation processes.
The obligations imposed by this amendment require officers and soldiers to promptly report any injuries to horses to the District Commandant. Failure to do so within the prescribed period can result in personal financial responsibility for the compensation paid by the Government, as outlined in the amendment (Reg. 161). This provision emphasises the importance of adherence to reporting timelines to avoid personal financial repercussions.
Any breach of the requirement to report horse injuries within the stipulated timeframe may result in civil consequences, where the officer or soldier becomes personally liable for the compensation amount paid by the Government. This personal liability can serve as a deterrent against neglect and ensure accountability for timely reporting. The exact penalties or financial consequences are not specified in the regulation but are implied by the personal liability outlined in the amendment.