STATUTORY RULES.
1932. No. 32.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, 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-first day of March, 1932.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
G. F. PEARCE
Minister of State for Defence.
Amendment of Naval Financial Regulations.
(Statutory Rules 1926, No. 198, as amended to this date.)
(Seventeenth Amendment.)
The fees or allowances prescribed by these amendments and the amendments to Naval Financial Regulations effected by Statutory Rules 1931, No. 97, shall be subject to reduction by or under the “Financial Emergency Acts 1931” in the same manner as they would have been so subject had the regulations been in force at the time of the commencement of those Acts.
1. Regulation 34, sub-regulation (1), is amended as from 1st October, 1931, by omitting the amounts “8d.”, “7d.”, “7½d.” and “7½d.” and inserting in their stead the amounts “7½d.”, “6½d.”, “7d.” and “7d.” respectively.
2. Regulation 35, sub-regulation (1), is amended as from 1st October, 1931, by omitting the amounts “£14 15s.”, “£13”, “£12” and “£10”, and inserting in their stead the amounts “£13 15s.”, “£12”, “£11 5s.” and “£9” respectively.
3. Regulation 38 is amended by omitting sub-regulation (9) and inserting in its stead the following sub-regulation:—
“(9) In the event of a rating being discharged for any of the reasons mentioned in sub-regulation (8) of this regulation and not being in possession of civilian clothing, he may, if he has insufficient credits either in Active or Deferred pay to purchase civilian clothing, be provided at Government expense with such articles as are authorized by the Naval Board.”
611.—Price 3d.
4. Regulation 58 is repealed and the following regulation is inserted in its stead:—
“58. A fixed fee of 10s. 6d. per capita shall be paid to Military Area Medical Officers for the examination of Naval Recruits at places where there is no Naval Medical Officer available.”
5. After regulation 91 the following new regulation is inserted:—
“91a. Notwithstanding anything contained in Part V. of these Regulations, where the death of or injury to a member in respect of which compensation is payable under these Regulations was caused under circumstances creating a legal liability in some person other than the Commonwealth to pay damages in respect thereof, the following provisions shall apply:—
(a) The member, or the widow and family of the member in the case of his death, shall not be debarred from making a claim under these Regulations by reason of the fact that damages are paid by a third party, but the amount of damages so paid shall be taken into account in assessing the amount of compensation payable under these Regulations in the following manner:—
(i) Where the amount of damages paid by a third party is less than the amount of compensation payable under these Regulations, there may be paid to the member, or the widow and family of the member in the case of his death, the difference between the amount of damages so paid and the compensation payable under these Regulations; and
(ii) Where the amount of damages paid by a third party is equivalent to, or in excess of the amount of compensation payable under these Regulations, there shall not be payable to the member, or the widow and family of the member in the case of his death, any compensation under these Regulations;
(b) The Minister may request a member, or the widow and family of a member in the case of his death, to prefer a claim for damages against the person alleged to be responsible for the injury or death and in such cases the proceedings in relation to the claim shall be conducted on the claimant’s behalf at the expense of the Commonwealth; and
(c) In event of a member, or the widow and family of a member in the case of his death, preferring a claim for damages against the person alleged to be responsible for the injury or death, before the Minister has considered the case, the claimant’s legal expenses or any part thereof shall not be paid by the Commonwealth, but the amount of any damages obtained shall be taken into account in the manner prescribed in paragraph (a) of this regulation.”
6. After regulation 118 the following new regulation is inserted as from 21st August, 1931:—
“118a. (1) The provisions of this regulation shall apply to any member of the Permanent Naval Forces (Sea-going) whose disability is diagnosed as Pulmonary Tuberculosis. The provisions of regulation 118 shall apply to such a member only so far as they are not inconsistent with the provisions of this regulation.
(2) Except as provided in this regulation, where a member is discharged under the provisions of regulation 123a, the responsibility for any treatment subsequent to his discharge shall devolve upon the member. If such a member is under treatment in a Naval Hospital at date of discharge “Invalided” he may continue to be treated therein at departmental expense until such time as he is fit to be moved.
(3) Where Pulmonary Tuberculosis is accepted as attributable to Naval Service, the Naval Board may, in addition to any compensation granted under these Regulations, authorize, at their discretion, the reimbursement of expenses incurred incidental to the treatment of such disability subsequent to discharge not exceeding in any one case a total sum of £100.
(4) Where Pulmonary Tuberculosis is not attributable to Naval Service, the Naval Board may, to assist a member to obtain treatment subsequent to discharge, authorize payment to him on discharge of a lump sum equivalent to pay (at the rate received by him at the date of invaliding) for the balance of a period of six months from the date checked sick or, where the sickness commenced abroad, from the date of disembarkation in Australia. Pay for purposes of this sub-regulation shall be as defined in sub-regulation (1) of regulation 141.
(5) Where, in special circumstances, additional assistance towards further treatment is considered justified, the Naval Board may, in addition to the lump sum payment referred to in sub-regulation (4) of this regulation, authorize at its discretion reimbursement of expenses incurred incidental to such further treatment not exceeding in any one case a total sum of £100.
(6) The provisions of this regulation shall not apply to any member of the Royal Navy serving on loan in the Royal Australian Navy; provided that where the discharge of such a member takes place in Australia, the Naval Board may approve of such provisions being applied.”
7. Regulation 121 is amended as from 21st August, 1931, by omitting the fullstop at the end of sub-regulation (1) and adding the following:—
“; provided that regulation 118a shall not apply to members of the Auxiliary Services.”
8. After regulation 123 the following new regulation is inserted as from 21st August, 1931:—
“123a. (1) The provisions of this regulation shall apply to any member of the Permanent Naval Forces (Sea-going) whose disability has been diagnosed as Pulmonary Tuberculosis. The provisions of regulation 123 shall apply to such a member only so far as they are not inconsistent with the provisions of this regulation.
(2) Except in any case where the Naval Board considers it essential owing to his special qualifications to retain the services of such member, any member suffering from Pulmonary Tuberculosis shall be medically surveyed and discharged “invalided” as soon as possible after diagnosis of such disability, pay being allowed as prescribed in regulation 128. In the case of diagnosis abroad, final survey for invaliding shall take place as soon as possible after return to Australia, pay being allowed as prescribed in regulation 128.
(3) The provisions of this regulation shall not apply to any member of the Royal Navy serving on loan with the Royal Australian Navy; provided that where the discharge of such a member takes place in Australia, the Naval Board may approve of such provisions being applied.”
9. Regulation 128 is amended by omitting the figures “124” and inserting in their stead the figures “123”.
10. Regulation 140, sub-regulation (2), is amended by inserting after the word “years’” the word “continuous”.
By Authority: H. J. Green, Government Printer, Canberra.