Naval Financial Regulations (Amendment)

Overview

The Naval Defence (Naval Forces) Regulations 1933, enacted under the Naval Defence Act 1910-1918, were introduced to address the need for updated financial regulations within the Royal Australian Navy. The regulations, made by the Governor-General in Council, include amendments to the Naval Financial Regulations and introduce new provisions related to financial scales, gratuities, and medical attendance costs. The policy objective appears to be to ensure that the financial management of naval personnel is both equitable and efficient, while also providing for the recovery of costs from members who have received medical treatment and subsequently recover or receive compensation from third parties. These amendments aim to provide a clear and updated framework for the financial administration of naval officers and personnel.

Scope and Application

The Naval Defence Act 1910-1918, as amended by these regulations, applies to personnel within the Royal Australian Navy, including officers and other ranks. The regulations modify the Naval Financial Regulations (Statutory Rules 1926, No. 198) to address various aspects of financial entitlements, such as pay scales, gratuities, and allowances. These regulations affect the remuneration of officers, including those who have been granted medical attendance, and outline the conditions under which costs may be recouped if a member recovers or receives damages from a third party. The amendments also address the calculation of gratuities and allowances, including special cases where the gratuity may be paid upon promotion, subject to approval from the Naval Board. These regulations are applicable throughout the Commonwealth of Australia, as they are made under the authority of the Naval Defence Act 1910-1918, which is a Commonwealth Act. The regulations extend the application of the Act through subordinate instruments, specifying the modifications to existing financial regulations to better align with current practices and needs within the Royal Australian Navy.

Key Provisions

The primary provisions of these regulations, under the Naval Defence Act 1910-1918, involve significant amendments to various sections of the Naval Financial Regulations (sections 1-14). For example, section 1 amends Regulation 15 by removing the rates for "Mate" and "Mate (E)" from the salary scale, while section 2 similarly removes "Mate (A)" from Regulation 16. Section 3 revises Regulation 30, sub-regulation (1), by updating the pay scale for various ranks, including Acting Sub-Lieutenant, Acting Sub-Lieutenant (E), and others, and allows for special circumstances where gratuities may be paid upon promotion instead of confirmation. Section 4 modifies Regulation 45 by removing references to "Mates" from certain headings, and section 5 removes the term "Mates" from Regulation 46, sub-regulation (7). Section 6 replaces "Mate" with "Commissioned" in Regulation 51, sub-regulation (3), paragraph (b), and section 7 removes "Mate" from Regulation 52, sub-regulation (3). Section 8 updates Regulation 74 to change "Surgeon Lieutenant-Commander" to "Surgeon Commander" and adds conditions under which certain pay rates apply. Section 9 modifies Regulation 90 to adjust the calculation of disability assessments. Section 10 amends Regulation 133, sub-regulation (1), to exclude time on the half-pay list from certain calculations. Section 11 updates Regulation 139, sub-regulation (1), to clarify that time on half-pay does not count towards leave calculations but does not interrupt continuous service. Section 12 removes sub-regulation (7) from Regulation 140, and section 14 inserts a new Regulation 150a, allowing the Naval Board to recover costs of medical attendance from members who recover or receive damages from third parties. These amendments impose several obligations on the parties they govern. For instance, officers who recover from injuries or illnesses or receive damages from third parties may be required to reimburse the Naval Board for the cost of their medical attendance (Regulation 150a). This reimbursement must be paid in a lump sum or in instalments as directed by the Naval Board. Failure to comply with payment orders can result in the Naval Board taking further action to recover the owed amount, such as deducting it from any moneys due to the officer or pursuing other recovery methods (Regulation 150a(2)). The regulations also establish specific penalties and consequences for non-compliance. For example, if an officer fails or refuses to pay the amount directed by the Naval Board to be paid in pursuance of Regulation 150a, the Board may direct that the amount be deducted from any moneys from time to time becoming due to the officer, or may cause such other action to be taken for the recovery of the amount as the Board deems fit (Regulation 150a(2)). While the specific maximum penalties for breaches are not detailed in these regulations, they establish a clear framework for enforcing financial obligations related to medical attendance within the Naval Defence Act 1910-1918.