STATUTORY RULES.
1913. No. 83.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Addition to C.M. Regulation 475.
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 twenty-eighth day of March, One thousand nine hundred and thirteen.
DENMAN,
Governor-General
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Addition.
After Regulation 475 add new Regulations:—
475a. (1) The Governor-General may, upon the recommendation of the Military Board, grant to any officer or soldier of satisfactory service who is not eligible for the furlough prescribed in Regulation 475, prior to his retirement from the Service on or subsequent to his attaining the age of 60 years, leave of absence with full pay, as follows:—
Service of 16 years and under 20 years.................. | 5 months. |
Service of 12 years and under 16 years.................. | 4 months. |
Service of 8 years and under 12 years................... | 3 months. |
Service of 4 years and under 8 years................... | 2 months. |
Service of less than 4 years......................... | 1 months. |
(2) Or, in lieu of such leave, the Governor-General may, on the recommendation of the Military Board, grant to the officer or soldier a sum equivalent to the pay for such period of leave, or, in the event
C4017.—Price 3d.
of the death of any officer or soldier who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependents of such deceased officer or soldier of a sum equivalent to the pay of such officer or soldier for the period of leave which he could have been granted under this Regulation.
(3) Commandants in forwarding a recommendation on behalf of a soldier under (1) and (2) foregoing will attach a copy of the regimental conduct-sheet of such soldier, and certify that he has fulfilled the conditions entitling him to be awarded not less than a “very good” character on discharge.
475b. When any person has been transferred or appointed from any position of a permanent nature in the service of a State or the Commonwealth to the Permanent Military Forces, such service shall, for the purposes of leave or grant under the provisions of Regulations 475 and 475a, be reckoned as if it had been service in the Permanent Military Forces.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
The Statutory Rules 1913, No. 83, were enacted in 1913 as Provisional Regulations under the Defence Act 1903-1912. These regulations were introduced to address the need for specific provisions concerning leave and compensation for officers and soldiers of the Commonwealth Military Forces nearing retirement, as well as for those who had transferred from state service. The enactment was carried out by the Governor-General in Council, signifying the urgency of these provisions to ensure the effective administration of the military forces. The policy objective of these provisional regulations was to provide structured leave or financial compensation to eligible personnel, thereby acknowledging their service and supporting them during their transition from active duty.
These provisional regulations were intended to fill an immediate operational need within the military framework, ensuring that officers and soldiers received fair treatment and support as they approached retirement or had completed significant periods of service. By allowing the Governor-General to grant leave or financial compensation based on the recommendation of the Military Board, the regulations aimed to provide a measure of recognition and support for the service rendered by military personnel.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 establish specific provisions regarding leave and pay for officers and soldiers in the Commonwealth military forces. These regulations apply to officers and soldiers of satisfactory service who are not eligible for furlough, particularly those approaching retirement age. The Governor-General, on the recommendation of the Military Board, can grant leave of absence with full pay based on the length of service, ranging from one month for service of less than four years to five months for service of 16 years and under 20 years. Alternatively, the Governor-General may provide a monetary equivalent of the leave pay, or in cases of death, a payment to the deceased's dependents. This provision also applies to personnel transferred from state or Commonwealth services, with their previous service being counted towards the leave or grant criteria. The regulations extend to the entire Commonwealth, providing a structured approach to leave and compensation for military personnel.
Key Provisions
The main operative sections of these Provisional Regulations are 475a and 475b. Regulation 475a allows the Governor-General, on the recommendation of the Military Board, to grant leave of absence with full pay or a monetary equivalent to officers or soldiers who have completed a specified number of years of service and are not eligible for furlough under Regulation 475. The amount of leave or monetary equivalent is determined by the length of the individual's service, ranging from one month for less than four years to five months for 16 years or more. Alternatively, in the case of the death of an eligible officer or soldier, a sum equivalent to their pay for the leave period can be paid to their dependents. Regulation 475b specifies that service in a permanent position within the State or Commonwealth government, prior to transfer or appointment to the Permanent Military Forces, will be considered as service in the Permanent Military Forces for the purposes of calculating leave or grants under Regulations 475 and 475a.
These regulations impose obligations on several parties. The Military Board must recommend officers or soldiers for leave or monetary grants under Regulation 475a. Commandants are required to forward these recommendations to the Military Board, attaching the soldier's regimental conduct-sheet and certifying that the soldier meets the character requirements for a "very good" discharge. The Governor-General, acting on the Military Board's recommendation, has the authority to grant the leave or monetary equivalent. Furthermore, Regulation 475b mandates that prior service in permanent positions within the State or Commonwealth government be counted as service in the Permanent Military Forces for leave or grant calculations.
There are no explicit offences, penalties, or consequences for breach outlined in these regulations. However, the process for granting leave or monetary equivalents is strictly governed by the conditions set forth in Regulation 475a and the recommendations from the Military Board and Commandants. Non-compliance with these regulations, such as improperly recommending an officer or soldier for leave without the required certifications, could lead to administrative consequences or potential reviews by higher authorities. The regulations themselves do not specify maximum penalties but imply adherence to established procedures and recommendations.