STATUTORY RULES.
1927. No. 102.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1918, to come into operation forthwith, unless otherwise specified herein.
Dated this twenty-fourth day of August, 1927.
SOMERS,
Deputy of the Governor-General.
By His Excellency’s Command,
T. W. GLASGOW,
Minister of State for Defence.
Amendment of Naval Financial Regulations.
(Statutory Rules 1926, No. 198.)
(Third Amendment.)
1. Regulation 88 is amended—
(1) by omitting sub-regulation (2);
(2) by omitting sub-regulation (4), and inserting the following sub-regulation in its stead:—
“(4) In case of partial disability the compensation payable under this regulation shall be less than the maximum amount, and shall be assessed as a percentage of maximum compensation corresponding to the degree of disability of the member as may be determined by the Naval Board.”
2. Regulation 127 is amended as from 1st January, 1927—
(1) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) A member whilst under treatment for venereal disease shall—
(a) on the first occasion be placed on half pay after having been fourteen days under treatment, and cease pay after having been ninety-one days under treatment;
C.11056.—Price 3d.
(b) on the second or any subsequent occasion be placed on half pay from the date of being placed under treatment, and cease pay after having been ninety-one days under treatment: Provided that where on the first occasion the period was for less than fourteen days and the medical officer certifies that it is a clear case of relapse he may receive full pay instead of half pay for the remaining portion of the fourteen days.”
(2) by omitting sub-regulation (4), and inserting in its stead the following sub-regulation.—
“(4) For the purposes of this regulation, any member of the Naval Forces who is not:—
(a) a member whose condition is certified by a Naval Medical Officer as not being due to his own default; or
(b) a member requiring periodic treatment for syphilis subsequent to being pronounced fit for draft to any ship after the initial course of treatment; or
(c) a member to whom a Hurt Certificate has been granted;
shall be considered to be under treatment for venereal disease on any day on which he is receiving medical treatment therefor, and does not perform the full duties of his rank or rating, irrespective of whether he is sick on shore or on the sick list.”
3. Regulation 133 is repealed as from 1st July, 1927, and the following regulation is inserted in its stead:—
“133. (1) District Naval Officers or Commanding Officers, H.M.A. Naval Establishments may, on production of satisfactory medical evidence, grant leave of absence on the ground of illness upon the following conditions.—
(a) The basis for determining the leave which may be granted shall be ascertained by crediting the member with the following periods of leave, such leave to be cumulative:—
Period of Service (to include all Continuous Service of a permanent nature under the State or Commonwealth. | Leave on Full Pay. | Leave on Half Pay. | Leave on Third Pay. |
| Days. | Days. | Days. |
On date of appointment or engagement........... | 7 | 5 | 3½ |
On completion of six months’ service............ | 7 | 5 | 3½ |
On completion of twelve months’ service......... | 14 | 10 | 7 |
On completion of each additional twelve months’ service | 14 | 10 | 7 |
(b) To determine the leave for which a member is eligible under this regulation, the leave which has been granted during his service at rates of full pay, half pay, and third pay respectively, shall be deducted from the periods calculated under the provisions of paragraph (a) of this sub-regulation:
Provided that no deduction shall be made in respect of leave granted before 1st April, 1920:
Provided further that no deduction shall be made in respect of leave granted prior to 30th June, 1922, in the case of a member who served abroad during the Great War 1914-1918 as a member of any Naval, Military or Air Force raised in Australia, or in any other part of the British Empire.
(c) After deduction has been made as provided in paragraph (b) of this sub-regulation, the period remaining at each rate of pay shall be the period of leave for which the member is eligible:
Provided that for the purpose of determining the credit of leave to which a member is entitled immediately on this regulation coming into operation, the following shall apply:—
(i) If the member has had not less than six months’ service, and his credit after such deduction has been made is less than fourteen days on full pay, ten days on half pay, and seven days on third pay, his credit shall be increased to those amounts.
(ii) If the member has had less than six months’ service, and his credit after such deduction has been made is less than seven days on full pay, five days on half pay, and three and one-half days on third pay, his credit shall be increased to these amounts:
Provided further that, where in cases of long service the Naval Board consider that exceptional treatment is justified, they may, where leave on pay has been exhausted, grant additional leave on third pay:
Provided further that the maximum period of leave allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks.
(d) Where a member has exhausted all leave allowable with pay, he may be granted leave without pay:
Provided that in respect of any continuous period of absence, leave with and without pay shall not exceed seventy-eight weeks.
(e) In the event of the retirement or discharge of a member on the ground of medical unfitness he may be permitted to take, before his retirement or discharge, all leave on full pay for which, under this regulation, he is eligible.
(2) A record shall be made, calculated as provided in this regulation, of the leave for which the member is eligible, and such record shall be amended from time to time as becomes necessary by recording leave granted the member, and the leave for which he is still eligible in accordance with his length of service.
(3) In the case of illness abroad not attributable to service nor due to venereal disease, the Naval Board may determine the period of leave in excess of the amount due under sub-regulation (1) of this regulation during which a member shall receive full rates of pay.
(4) Notwithstanding anything contained in this regulation the Naval Board may grant leave not exceeding twelve months on full pay and six months without pay to a member on account of a wound, injury, disability or disease attributable to service, and the amount of leave so granted shall not be debited against the amount of sick leave standing to the member’s credit.
(5) For the purpose of this regulation—
(a) a wound or injury shall be deemed to be attributable to service only when it is contracted during, and arises directly out of, actual performance of Naval duty, or while taking part in properly organized sports or games which form part of the recognized routine of the ship or Establishment to which the member belongs;
(b) a disability, other than a wound or injury, shall be deemed to be attributable to service only when it arises directly out of circumstances necessarily incidental to Naval Service. It shall not be regarded as attributable if, although contracted during the period of such service, it is due to the ordinary risks of indoor or outdoor life to which the Naval Service carries no special liability;
(c) disease, such as enteric fever, dysentery, or malaria, which, in the opinion of the Naval Board, a member serving abroad or within the tropics is specially liable to contract, shall, if contracted by him while so serving, be deemed attributable to service.”
4. Regulation 188 is amended as from 1st July, 1927, by omitting sub-regulation (1) and inserting in its stead the following sub-regulations:—
“ (1) Except as provided in the next succeeding sub-regulation, no leave shall be granted with pay on account of illness caused by misconduct of the member, or in any case of absence from duty without sufficient cause.
(1a) In cases of absence from duty on account of venereal disease, a member shall be entitled to payment only at two-thirds of the rates provided for in regulation 133 in respect of leave with full or reduced pay.”
5. Regulation 143 is repealed, and the following regulation is inserted:—
“143. (1) Stores or other Government property shall not be written off charge, lent, exchanged, sold, or otherwise disposed of except as hereinafter provided.
(2) (a) Stores or other Government property condemned, unserviceable, deficient, or obsolete may be written off charge or sold under the following authorities:—
(i) If the original value did not exceed £5, under the authority of the Director of Naval Stores and Victualling, or Director of Ordnance, Torpedoes, and Mines.
(ii) If the original value did not exceed £100, under the authority of the Naval Board.
(iii) If the original value exceeded £100, under the authority of the Minister:
Provided that the approval of the Treasurer shall be necessary to writing off deficiencies where the original value exceeded £100:
Provided further that all cases of deficiencies attributable to theft or fraud committed by a Government employee shall be reported to the Treasury.
(b) Stores or other Government property condemned, unserviceable, or obsolete may be disposed of by gift under the authority of the Minister.
(3) Obsolete or unserviceable stores, arms, or equipment may be lent with the approval of the Naval Board.
(4) Stores which form part of the equipment of the Naval Forces for war shall not be issued on loan for use for other than Defence purposes, except for charitable purposes, and then only by special consent of the Minister.
(5) Subject to Naval requirements, serviceable stores may, with the approval of the Naval Board, be issued on repayment at authorized rates to other Commonwealth Departments, to the Imperial Government, and to other Governments. Serviceable stores shall not otherwise be issued on repayment without the prior approval of the Minister.
(6) This regulation shall not apply to the sale of articles of kit and other articles, the issues of which are governed by regulation.”
6. Regulation 144, sub-regulation (1), is amended by omitting the words “Royal Australian Naval Reserve” and inserting in their stead the words “Citizen Naval Forces”.
7. Sub-regulation (3) of regulation 152 is omitted.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.