STATUTORY RULES.
1915. No. 109.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Regulations for the Military Forces of the Commonwealth—Regulations 468 and 468a—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 Regulations under the Defence Act 1903-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this thirtieth day of June, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations for the Military Forces of the Commonwealth—Regulations 468 and 468a.
Amendment.
Regulations 468 and 468a are cancelled and the following substituted therefor:—
468. Every member of the Permanent Forces after completion of twelve months’ service in the Permanent Forces may be granted leave of absence for any period or periods not exceeding in the whole eighteen days in each financial year (exclusive of Sundays and holidays), provided that his services can be spared, and that the Commanding Office approves.
A record of all leave granted is to be kept in C.M. Book No. 17.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8964.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1915, enacted in 1915, were introduced to address the immediate need to amend the leave entitlements of members of the Permanent Forces. These regulations were established by the Governor-General in Council, acting on the advice of the Federal Executive Council, to ensure swift implementation in response to the pressing circumstances of the time. The policy objective of these regulations was to provide a clear framework for the leave entitlements of military personnel, ensuring that their service commitments were balanced with necessary periods of rest and recuperation, subject to the availability of personnel and approval from the Commanding Officer.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1915, specifically Regulations 468 and 468a, apply to members of the Permanent Forces of the Commonwealth who have completed twelve months of service. These regulations pertain to the granting of leave of absence to eligible personnel, allowing them to take up to eighteen days of leave each financial year, excluding Sundays and public holidays. This leave is contingent upon the member's services being dispensable and the approval of the Commanding Officer. The regulations mandate that a record of all granted leave must be maintained in C.M. Book No. 17, ensuring accountability and transparency in the leave process. These regulations have a national reach as they apply to the Commonwealth's military forces and are intended to provide a structured framework for leave entitlements within the military context.
The scope of these regulations is narrowly tailored to the specific needs of the military forces, addressing only the matter of leave entitlements for members of the Permanent Forces. The application is limited to those who have completed at least twelve months of service and does not extend to reservists or other categories of military personnel. There are no stated exclusions or exemptions within the text of the regulations, and any further application or restrictions would need to be addressed through subordinate instruments or additional legislation. The urgency of the regulations' implementation is highlighted by their certification as provisional rules, underscoring the necessity for swift and effective governance of military leave policies.
Key Provisions
The principal provisions of these Provisional Regulations, as amended, involve the leave entitlements for members of the Permanent Forces. Specifically, Regulation 468 outlines that members who have completed twelve months of service in the Permanent Forces are eligible to be granted leave of absence for periods not exceeding a total of eighteen days in each financial year. This leave is exclusive of Sundays and public holidays, and it must be granted with the approval of the Commanding Officer and under the condition that the member’s services can be spared. Regulation 468a mandates that a record of all leave granted must be documented in C.M. Book No. 17, ensuring a formal and traceable system of leave management.
These Regulations impose certain obligations on both the members of the Permanent Forces and the Commanding Officers. Members who meet the eligibility criteria must ensure that their request for leave is made within the parameters set out in the Regulations, specifically not exceeding the eighteen-day limit per financial year. The Commanding Officers, on the other hand, are obligated to review and approve leave requests in accordance with the availability of the member’s services and the operational requirements of the forces. Additionally, they must maintain accurate records of leave granted in the prescribed C.M. Book No. 17.
Failure to comply with the stipulations of these Regulations could result in various consequences. Although the specific details of penalties or consequences for breaches are not explicitly stated in the text, it is reasonable to infer that non-compliance with leave regulations could lead to disciplinary actions under the Defence Act 1903-1915. This may include administrative penalties or other disciplinary measures that could affect the member’s service status and career progression within the military forces. The exact nature and extent of these consequences would be determined by the relevant authorities in accordance with the overarching Defence Act provisions.