Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1968 No. 99 under the Naval Defence Act 1910-1968 was enacted by the Governor-General in Council, addressing the need to update the payment protocols for individuals providing evidence before service tribunals. This regulation was made to ensure that non-Defence Force members and members of the Permanent Naval Forces who attend such tribunals are compensated appropriately. The regulation repeals the existing Regulation 142 of the Naval Financial Regulations and introduces a new regime for payments, aligning with the scale prescribed by the Public Works Committee Regulations under the Public Works Committee Act 1913-1966. The policy objective appears to be to streamline and formalise the compensation for those required to participate in military judicial processes.

Scope and Application

The regulation applies to individuals who are required to attend and provide evidence before specific tribunals or courts, including court-martials, disciplinary courts, and courts of inquiry, as well as members of the Permanent Naval Forces who give evidence before service tribunals. The regulation specifically excludes members of the Defence Force who are rendering service from the payment of fees and allowances for attendance, as they are not considered 'persons' under the scope of the regulation. The regulation pertains to the financial compensation for those who attend these tribunals or courts in a formal capacity, such as witnesses. The scope is limited to those involved in providing evidence within the context of the tribunals and courts specified. The regulation has a national jurisdictional reach, operating under the authority of the Commonwealth of Australia. Additionally, the regulation can be further extended or modified through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The regulation under the Naval Defence Act 1910-1968, specifically the amendment to Regulation 142 of the Naval Financial Regulations, sets out the terms for payment of fees and allowances to witnesses who attend to give evidence before specific tribunals. Section 142(1) stipulates that a person who is not a member of the Defence Force, but who is required to give evidence before a court-martial, disciplinary court, or a court of inquiry, shall be paid such fees and allowances as deemed appropriate by the Secretary to the Department. These payments are to be made according to a scale prescribed by the Public Works Committee Regulations, which in turn are based on the provisions of section 27 of the Public Works Committee Act 1913-1966. Section 142(2) further provides that if a member of the Permanent Naval Forces attends to give evidence before a service tribunal and travels for that purpose, they shall be paid a travelling allowance in accordance with Division 2 of Part X of these Regulations. The obligations imposed by this regulation are twofold. First, it imposes on the Secretary to the Department the responsibility to determine and approve the fees and allowances to be paid to non-Defence Force witnesses. This is to ensure that such witnesses are fairly compensated for their attendance and related expenses. Second, it requires members of the Permanent Naval Forces to properly document and submit claims for any travelling expenses incurred while attending to give evidence before a service tribunal. This includes adherence to the specific guidelines and allowances outlined in Division 2 of Part X of the Naval Financial Regulations. Any failure to comply with the obligations set forth in this regulation may result in legal consequences. While the regulation does not explicitly state penalties for non-compliance, breaches of regulations under the Naval Defence Act 1910-1968 can lead to various civil or criminal consequences, depending on the nature and severity of the breach. Penalties for breaches of regulations under this Act can range from fines to imprisonment, depending on the specific provisions of the Act and any relevant case law. The exact penalties would be determined by the courts, taking into account the circumstances of the breach and any applicable statutory maximum penalties.