STATUTORY RULES.
1928. No. 33
REGULATIONS UNDER THE DEFENCE ACT 1903-27.
I, THE Governor-General in and over Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby amend the following Regulations under the Defence Act 1903-27, to come into operation forthwith.
Dated this twenty-fourth day of April, 1928.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
T. W. GLASGOW
Minister of State for Defence.
Munitions Supply Regulations.
Amendments.
Regulation 46 is amended by deleting first paragraph, and inserting in lieu thereof the following:—
“In each year the Manager may grant leave of absence (exclusive of Sundays and holidays) to employees who shall have been continuously employed for twelve months, as under—
Employees whose hours of duty are 48 or more—96 hours leave of absence.
Employees whose hours of duty are 44:—88 hours’ leave of absence.
Regulation 49 to be deleted and the following inserted in lieu thereof—
“Employees absent from duty on the grounds of illness due to an injury sustained in the discharge of duty shall be granted by the Manager leave of absence as prescribed in Commonwealth Public Service Arbitrator’s Determination No. 24 of 1925. A statement of all leaves granted under this regulation shall be submitted quarterly for the information of the board.”
Regulations 55, 56, and 57 to be deleted and the following inserted in lieu thereof—
“55. In every instance in which an officer or employee is injured in the performance of his employment to such an extent as to require prompt medical attention, the Commonwealth Medical Officer, or, in his absence, the nearest medical practitioner, shall at once be sent for to attend to the immediate necessities of the case, and, in
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addition, in the case of a serious injury, the sufferer shall, provided he can be moved with safety, be conveyed with the least possible delay to the nearest public hospital, provided that he may elect to be removed to his home or a private hospital in which case the obligations of the department in respect of medical expenses shall cease, excepting as prescribed in regulation 56.
56. (1) Where injury has been sustained while on duty, and the Manger has ascertained that the injury was attributable to the set or omission of some person employed by the department other than the person injured, or was the result of defect in departmental material or appliances, or where injury has been sustained in protecting Government property from loss or damage, the Manager may approve of payment on account of reasonable transport, bona fide medical and hospital expenses incurred in consequence of the injury.
(2) Where an officer or employee sustains an injury on duty under circumstances which do not bring his case within the terms of clause (1), and it is not proved to the satisfaction of the Manager that the injury is attributable to his serious and wilful misconduct, the Manager may approve of payment of the cost of medical first-aid rendered to the injured person, when the services of the person rendering such aid have been obtained on the authority of a responsible officer, and of the transport of the injured officer or employee to a hospital or his home.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Munitions Supply Regulations, 1928, were enacted to amend the existing Defence Act 1903-27 by introducing new provisions regarding leave of absence for employees, medical attention for injured employees, and the payment of expenses incurred due to injuries sustained in the line of duty. These regulations were made under the authority of the Governor-General in Council, who acted on the advice of the Federal Executive Council. The primary objective of these amendments was to ensure that employees receive appropriate leave and medical care, and to provide financial support for those who suffer work-related injuries.
The policy objective behind these regulations was to provide a comprehensive framework for the management of employee leave and medical care, and to ensure that employees who are injured in the course of their employment receive the necessary medical attention and financial support to recover from their injuries. This was achieved by setting out clear guidelines for the approval of leave of absence, the provision of medical care, and the payment of expenses incurred due to work-related injuries.
Scope and Application
The Munitions Supply Regulations, as amended, apply to employees within the defence sector who are involved in the supply of munitions. These regulations pertain to leave of absence for employees who have been continuously employed for twelve months and the procedures for granting leave due to illness or injury sustained in the course of duty. They also cover the medical treatment and expenses related to injuries sustained while on duty, including provisions for medical attention, hospital expenses, and first-aid costs. These regulations extend across the Commonwealth, ensuring that all relevant personnel and injuries are managed uniformly under federal guidelines. The regulations do not explicitly exclude any specific categories of personnel or injuries, but they do specify conditions under which medical expenses are to be covered by the department. The scope of application is further extended through subordinate instruments, which may include additional rules and determinations that provide further detail on the implementation and administration of these provisions.
Key Provisions
The main operative sections of these regulations amend the Munitions Supply Regulations under the Defence Act 1903-27. Regulation 46 now allows for leave of absence for employees who have been continuously employed for twelve months, granting 96 hours for those working 48 or more hours, and 88 hours for those working 44 hours (Reg. 46). Regulation 49 states that employees absent due to illness from an injury sustained in the line of duty are to be granted leave as per the Commonwealth Public Service Arbitrator’s Determination No. 24 of 1925, with quarterly reports submitted to the board (Reg. 49). Regulations 55, 56, and 57 have been replaced with new provisions, including immediate medical attention for injuries requiring it, with serious injuries to be conveyed to the nearest hospital unless the injured party chooses otherwise (Reg. 55). Additionally, the Manager may approve payments for transport, medical, and hospital expenses in cases of injury due to departmental faults or protecting government property, as well as first-aid and transport costs for other injuries not attributable to serious misconduct (Regs. 56, 56(1), 56(2)).
These regulations impose several obligations on the Manager and other relevant parties. The Manager must grant leave of absence according to the specified hours of employment and ensure that employees injured on duty receive immediate medical attention and appropriate leave (Regs. 46, 49, 55). The Manager is also responsible for determining eligibility for payment of medical and hospital expenses, including first-aid and transport costs, based on the circumstances of the injury (Regs. 56, 56(1), 56(2)). Furthermore, the Manager must submit quarterly reports detailing all leaves granted under Regulation 49 to the board for information purposes (Reg. 49).
Breach of these regulations could result in various consequences. While the specific penalties are not detailed within the text, it is reasonable to infer that non-compliance could lead to disciplinary actions against the Manager or relevant employees for failure to adhere to the stipulated leave and medical provisions. Additionally, failure to submit the required quarterly reports could result in administrative penalties or further scrutiny from the board. In cases where the Manager improperly approves or denies payments for medical and hospital expenses, there could be financial repercussions or legal actions for mismanagement of public funds.