STATUTORY RULES.
1911. No. 143.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Amendment to Regulation 152—Compensation for Injuries received or Disease Contracted on Duty.
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 twentieth 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 the end of Regulation 152 add—
“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.13898.—Price 3d.
Overview
The Statutory Rules 1911, No. 143, introduce provisional regulations under the Defence Act 1903-1910, specifically addressing the Financial and Allowance Regulations for the Military Forces of the Commonwealth. Enacted by the Governor-General in Council, this regulation was introduced due to the necessity for immediate operation as a provisional measure. It was prompted by the need to address a gap in the reporting procedures for injuries or diseases contracted on duty, which, if not reported within the stipulated time, could lead to complications in compensation claims. The policy objective behind this amendment was to ensure accountability and adherence to duty by making the responsible officer or soldier liable for any compensation paid by the government in such cases.
This legislative instrument was enacted by the Federal Executive Council on the advice of the Governor-General, aiming to amend Regulation 152 by adding a clause that mandates a charge against the officer or soldier for any compensation paid in connection with injuries or diseases not reported within the prescribed time. This amendment sought to enforce timely reporting and accountability within the military forces to streamline the compensation process and prevent potential misuse of the system.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910, specifically concerning the Financial and Allowance Regulations for the Military Forces of the Commonwealth, pertain directly to military personnel, including officers and soldiers, who are subject to the jurisdiction of the Commonwealth of Australia. These regulations amend Regulation 152 to address compensation for injuries or diseases contracted on duty, introducing a stipulation that if an injury is not reported within the prescribed timeframe, the compensation paid by the Government may be reclaimed from the officer or soldier responsible for the delay in reporting. The regulation applies nationally, as it is issued under the authority of the Commonwealth and affects all military personnel across Australia. This Provisional Regulation is in force immediately, reflecting the urgency and importance of its provisions, as certified by the Governor-General and the Federal Executive Council.
Key Provisions
The key provision of the Statutory Rules 1911, No. 143, which amends the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, is the addition to Regulation 152 (1). This amendment stipulates that in cases where an injury is not reported to the District Commandant within the prescribed timeframe, and the government is subsequently required to pay compensation related to the injury, the compensation amount may be charged to the officer or soldier responsible for the failure to report the injury. The regulation aims to ensure timely reporting of injuries to facilitate proper administrative and financial management within the military forces.
Under this amendment, military personnel are obligated to report any injuries they sustain during duty immediately to their District Commandant. The requirement to report injuries within the prescribed time frame is crucial for the military to administer compensation claims efficiently and to maintain accurate records of injuries sustained on duty. Failure to adhere to this reporting obligation may result in financial repercussions, as outlined in the amended Regulation 152.
The consequences for non-compliance with the reporting requirements are significant. If an injury is not reported within the stipulated time frame and the government subsequently pays compensation, the amount paid by the government may be charged to the officer or soldier responsible for the neglect of duty. This charge serves as a deterrent against neglecting the duty to report injuries promptly and ensures accountability within the military ranks. While the regulation does not specify a particular penalty or fine, it establishes a clear financial liability for those who fail to comply with the reporting obligations.