STATUTORY RULES.
1914. No. 92.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Financial and Allowance Regulations for the Military Forces of the Commonwealth—Regulations 177a, 177b, 184a, and 184b— Additions.
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 Regulations under the Defence Act 1903-1912, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this thirtieth day of July, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Additions.
After Regulation 177, insert the following new regulations—
Compensation to Minors Injured, &c.
177a. Compensation payable in respect of any injury received or disease contracted by a member of the Permanent Forces who is under the age of twenty-one years may, in the discretion of the Minister, be paid either to the member himself or on his behalf to a person or persons approved by the Minister.
Compensation to Dependents.
177b. Compensation payable in respect of the death of a member of the Permanent Forces who leaves dependents, all or any of whom are under the age of twenty-one years, may, in the discretion of the Minister, be paid on their behalf or on behalf of such of them as are under the age of twenty-one years to a person or persons approved by the Minister.
After Regulation 184, insert the following new regulations:—
Compensation to Minors.
184a. Compensation payable in respect of any injury received are disease contracted by a member of the Active Citizen Military Forces who is under the age of twenty-one years, may, in the discretion of the Minister, be paid either to a member himself, or, on his behalf, to a person or persons approved by the Minister.
Compensation to Dependents who are Minors.
184b. Compensation payable in respect of the death, of a member of the Active Citizen Military Forces who leaves dependants, all or any of whom are under the age of twenty-one years, may, in the discretion of the Minister, be paid on their behalf, or on behalf of such of them, as are under the age of twenty-one years, to a person or persons approved by the Minister.
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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.
Overview
The Statutory Rules of 1914, No. 92, under the Defence Act 1903-1912, introduces provisional regulations that address compensation for minors and their dependents within the Australian military forces. Enacted by the Governor-General in Council, these regulations were established in response to the need for immediate operational measures concerning financial and allowance regulations for military personnel. The policy objective of these regulations is to ensure that compensation for injuries and deaths of service members under the age of twenty-one is managed appropriately, either directly to the minor or to an approved representative if the minor is incapacitated. This legislative measure aims to provide a structured approach to compensation, ensuring that the needs of minors and their dependents are considered and adequately addressed.
Scope and Application
The Financial and Allowance Regulations for the Military Forces of the Commonwealth, as outlined in Statutory Rules 1914 No. 92, apply to both members of the Permanent Forces and the Active Citizen Military Forces of Australia, particularly those under the age of twenty-one years and their dependents who are also under the same age. These regulations pertain to compensation for injuries or diseases contracted in the line of duty and compensation for dependents in the event of a member's death. The authority to approve compensation payments rests with the Minister, providing flexibility in deciding who will receive the compensation on behalf of minors or their dependents. The regulations extend nationally as they are issued under the Defence Act 1903-1912, which is a Commonwealth Act, thereby applying across all states and territories within Australia. The regulations do not explicitly mention any exclusions or exemptions, but they do specify the discretion vested in the Minister regarding the payment of compensation, suggesting that not all claims may be approved. The application of these regulations can be further detailed or refined through subordinate instruments, allowing for adjustments and clarifications as necessary.
Key Provisions
The primary operative sections of this legislative instrument are Regulations 177a, 177b, 184a, and 184b, which introduce provisions for compensation payments in cases of injury or death affecting minors and their dependents within the military forces. Regulation 177a pertains to compensation for minors under the age of twenty-one who have been injured or contracted a disease while serving in the Permanent Forces. According to this regulation, the compensation may be paid directly to the minor or to an approved representative if the Minister deems it appropriate. Regulation 177b similarly provides for compensation in the event of the death of a member of the Permanent Forces, where the dependents, or any of them, are under the age of twenty-one. The compensation can be directed to a representative approved by the Minister. Regulation 184a and 184b extend these provisions to members of the Active Citizen Military Forces, applying the same discretionary compensation payment mechanism for minors injured or deceased.
These regulations impose specific obligations on the Minister, who is granted the discretion to decide whether compensation should be paid directly to the minor or to an approved representative. The Minister must ensure that any representative approved for the receipt of compensation is suitable and approved in accordance with the regulations. Furthermore, the Act requires that any compensation payments made under these provisions be consistent with the Defence Act 1903-1912 and other relevant legislative requirements.
The regulations do not explicitly outline offences or penalties for non-compliance, but any breach of the Defence Act 1903-1912 or the terms of these Provisional Regulations could potentially result in legal consequences. Given that these are Provisional Regulations, any significant non-compliance or mismanagement of compensation could lead to administrative or legal scrutiny. While the specific penalties are not detailed in these regulations, breaches of the Defence Act or related regulations can lead to civil or criminal penalties, including fines or imprisonment, depending on the severity and nature of the breach.