STATUTORY RULES.
1944. No. 142.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934*
I, THE Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1934.
Dated this twentieth day of September, 1944.
WINSTON DUGAN
Administrator
By His Excellency’s Command,
(Sgd.) Norman J. O. Makin
Minister of State for the Navy.
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Amendment of the Naval Establishments Regulations.†
Medical certificates in case of sick leave.
1. Regulation 63 of the Naval Establishments Regulations is amended by omitting the proviso to sub-regulation (1.) and inserting in its stead the following proviso:—
“Provided that the Officer-in-Charge may grant leave of absence on the ground of illness, without production of a medical certificate, to the extent of four days in any twelve months.”.
Commencement.
2. The amendment effected by regulation 1 of these Regulations shall be deemed to have taken effect on and from the third day of November, 1943.
* Notified in the Commonwealth Gazette on , 1944,—Fifteenth amendment.
† Statutory Rules 1936, No. 107, as amended by Statutory Rules 1937, Nos. 16, 52 and 63; 1938, No. 16; 1939, Nos. 3, 19 and 85; 1940, No. 196; 1941, Nos. 58 and 144; 1942, Nos. 118, 181 and 414; and 1944, No. 97.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5315.—Price 3d. 9/23.8.1944.
Overview
The Statutory Rules 1944 No. 142, Regulations Under the Naval Defence Act 1910-1934, were enacted by the Administrator of the Government of the Commonwealth of Australia, Winston Dugan, on behalf of the Federal Executive Council. This legislative instrument was introduced to amend the existing Naval Establishments Regulations, specifically addressing the need for flexibility in granting leave to naval personnel on medical grounds without requiring a medical certificate in certain circumstances. The primary objective of these regulations was to streamline the process for issuing leave to sick personnel, thereby improving the efficiency and responsiveness of the naval operations during a time of significant national and global turmoil. These regulations came into effect on 3 November 1943, as specified in the instrument, reflecting a pragmatic approach to managing the demands of naval service during wartime.
Scope and Application
The Statutory Rules 1944 No. 142 amends the Naval Establishments Regulations under the Naval Defence Act 1910-1934, impacting the personnel within the Commonwealth's naval establishments. This legislative instrument specifically targets officers within the naval service, allowing the Officer-in-Charge to grant leave of absence on the grounds of illness without requiring a medical certificate, up to a limit of four days within any twelve-month period. The amendment is designed to streamline the leave process for minor health-related absences, reducing bureaucratic hurdles for affected personnel. The regulation came into effect on 3 November 1943, ensuring that the provision was promptly integrated into the operational procedures of the naval service during a critical period in history. These regulations apply to the entire Commonwealth of Australia, underscoring their national reach and the uniform application across all naval establishments within the country.
Key Provisions
The Regulations under the Naval Defence Act 1910-1934 make specific amendments to the Naval Establishments Regulations, primarily affecting leave of absence due to illness. Regulation 1 modifies the existing provision by allowing the Officer-in-Charge to grant leave of absence on the ground of illness for up to four days within any twelve-month period without the necessity of a medical certificate (Regulation 63). This amendment aims to streamline the process for short-term sick leave by reducing administrative requirements.
The obligations imposed by these Regulations require the Officer-in-Charge to assess the validity of an absence request on the grounds of illness and grant up to four days of leave without needing a medical certificate. The Regulations also impose a limit on the frequency of such absences, ensuring that they do not exceed four days within any twelve-month period. This stipulation helps maintain operational efficiency while allowing for reasonable accommodations for illness.
Breaches of the conditions set out in these Regulations could lead to disciplinary actions or other administrative measures within the naval framework. However, the Regulations do not explicitly state any specific offences, penalties, or consequences for non-compliance. The focus is more on procedural adjustments to facilitate easier access to short-term sick leave, rather than punitive measures. This approach aims to support the wellbeing of personnel while maintaining the operational readiness of naval forces.