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

Overview

The Provisional Regulations under the Defence Acts 1903-4, enacted in 1905, address the need to provide financial support to the widows and children of members of the Militia or Volunteer Forces who were killed or died from injuries or diseases contracted during their service. This legislative instrument was introduced to ensure that the families of those who sacrifice their lives or health in the line of duty receive appropriate compensation. The enacting body was the Governor-General in Council, and the policy objective was to provide financial relief to the affected families, ensuring that they are not left without support in the wake of such tragic events. The Regulations mandate that compensation may be recommended by a Board appointed to investigate each case, to be paid to the widow and children of any member who dies from causes related to their service, provided the death was not due to the member’s default. The compensation is to be provided in the form of a monthly allowance, with specific amounts allocated for the widow and each child until they reach the age of fifteen, subject to cessation after three years or if the widow remarries. These provisional measures were put in place to provide immediate support while more comprehensive legislation could be developed.

Scope and Application

The Provisional Regulations under the Defence Acts 1903-4, specifically the Financial and Allowance Regulations for the Military Forces of the Commonwealth, apply to the members of the Militia and Volunteer Forces, including their widows and children. These Regulations pertain to the provision of compensation to the widows and children of members killed or who die from injuries or diseases contracted while on duty, provided the death or condition was not due to the member's default. The compensation is structured as a monthly allowance for the widow and for each child until they reach the age of fifteen, with the allowance ceasing three years after the member's death or if the widow remarries. The scope of these Regulations is limited to the Commonwealth, ensuring a uniform approach across Australia. Any exceptions or special considerations must be approved by the Governor-General in Council, and claims for compensation must be submitted within twelve months of the member's death. The Regulations may be supplemented or amended through subordinate instruments, allowing for flexibility in addressing specific circumstances not covered by the primary provisions.

Key Provisions

The key operative section of these Provisional Regulations (Regulation 112a) under the Defence Acts 1903-4 provides for compensation to the widow and children of a member of the Militia or Volunteer Forces who is killed on duty or dies from injuries or disease contracted on duty, provided the death, injury, or disease was not due to the member's default. The compensation can be recommended by a Board appointed to inquire into the case. It will be paid as a monthly allowance of £5 to the widow and 10 shillings per month for each child until they reach the age of fifteen. However, the allowances will cease if the widow remarries or three years after the member's death, whichever comes first. The Governor-General in Council may also consider and deal with individual cases where these regulations do not adequately address the circumstances. The Act imposes several obligations and requirements on the parties it governs. Firstly, claims for compensation must be made within twelve months after the death of the member. Secondly, the compensation is conditional upon the death, injury, or disease not being due to the member's default. Thirdly, the compensation is to be in the form of a monthly allowance unless special circumstances justify a lump sum payment. The Governor-General in Council also has the discretion to specially consider and deal with individual cases where the standard regulations do not apply. Breach of these requirements may lead to various consequences. For instance, failure to lodge a claim within the stipulated twelve-month period will result in the claim being invalidated. Additionally, if it is found that the death, injury, or disease was due to the member's default, compensation will not be awarded. There are no explicit criminal or civil penalties outlined in the text for non-compliance with these regulations, but the consequences are primarily financial, as the claimant will not receive compensation if they fail to meet the requirements.