STATUTORY RULES.
1911. No. 153.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 152— Compensation for Injuries Received or Disease Contracted on Duty—Amendment.
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.
Part VIII.—Compensation for Injuries Received or Disease Contracted on Duty—Militia and Volunteer Forces.
Regulation 152.—In lines 3 and 4 omit the word “recommended” and substitute the word “approved” therefor. After the word “payment” in line 4, insert “by the Minister, when the amount recommended is in excess of authority contained in Regulation 5 (d).”
Printed and Published for the Government of the COMMONWEALTH of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14563.—Price 3d.
Overview
The Statutory Rules 1911 No. 153, specifically the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, was enacted in 1911. It addresses an urgent need to amend the compensation regulations for injuries or diseases contracted on duty by military personnel under the Defence Act 1903-1910. The regulation was introduced by the Governor-General in Council, recognising the immediate necessity of these amendments. The policy objective of this regulation is to streamline the process of approving compensation payments, ensuring that they are handled by the Minister when the recommended amount exceeds the authority specified in Regulation 5 (d). This legislative instrument aims to provide a more efficient and effective framework for compensating military personnel who suffer injuries or contract diseases while on duty.
Scope and Application
The Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth, as amended, pertains to members of the Militia and Volunteer Forces of the Commonwealth who have sustained injuries or contracted diseases in the course of their duties. The regulations specifically address the compensation process for such injuries or diseases, ensuring that eligible personnel receive appropriate financial support. The scope of the Act is confined to the Commonwealth level, and its application is limited to those serving in the Militia and Volunteer Forces, addressing their specific needs in relation to injury compensation. The amendment made under Regulation 152 modifies the process by which compensation payments are approved, stipulating that payments exceeding a certain threshold must be approved by the Minister. The regulations do not extend to other entities or industries outside the scope of the Militia and Volunteer Forces, and they do not specify exclusions or thresholds beyond the need for ministerial approval for payments exceeding Regulation 5(d). The reach of the Act is thus narrowly defined to the compensation needs of military personnel in the specified forces.
Key Provisions
The main operative sections of this Statutory Rule amend the Financial and Allowance Regulations (Provisional) for the Military Forces of the Commonwealth. Specifically, Regulation 152 is amended to change the word “recommended” to “approved” in lines 3 and 4, and to insert wording after “payment” in line 4, stating “by the Minister, when the amount recommended is in excess of authority contained in Regulation 5 (d)”. This means that the approval for compensation payments now requires ministerial oversight if the recommended amount exceeds a certain limit specified in Regulation 5(d). The regulation effectively centralises the approval process for compensation payments above a certain threshold, ensuring that higher payments are subject to ministerial review.
Under these regulations, parties or entities governed by them, particularly those involved in administering compensation for injuries or diseases contracted on duty, must now adhere to the revised approval process. The amendment mandates that compensation payments, if they exceed a particular limit outlined in Regulation 5(d), must be approved by the Minister. This implies that the usual process of recommending compensation by relevant authorities is superseded by a requirement for ministerial approval for amounts exceeding the specified limit. It also places a responsibility on the Minister to review and approve these payments, ensuring they are within the financial constraints set out in the regulations.
The legislation outlines specific consequences for breaches of these provisions. If the revised compensation approval process is not followed, there could be significant legal and administrative repercussions. The exact nature of these consequences is not detailed in the provided text, but generally, non-compliance with statutory regulations can lead to civil penalties, administrative fines, or even criminal charges, depending on the severity and intent behind the breach. Additionally, failure to adhere to these regulations may also result in the denial of compensation claims, affecting the rights and entitlements of those who have suffered injuries or diseases on duty.