STATUTORY RULES.
1914. No. 21.
PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910‑12
Leave of Absence.
I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naval Defence Act 1910‑12 should come into immediate operation, and further should be taken to have come into operation on the 1st day of January, 1914, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this fifth day of March, One thousand nine hundred and fourteen.
DENMAN,
Governor‑General.
By His Excellency's Command,
E. D. MILLEN.
REGULATIONS (PROVISIONAL) FOR THE NAVAL FORCES OF THE COMMONWEALTH.
Amendment.
Cancel Regulation 70 and substitute the following therefor :—
Leave of Absence.
70. Every person regularly employed may be granted leave of absence for any periods not exceeding in the whole twenty‑eight days in each year (including public holidays) at such times as the Officer Commanding may deem convenient.
(b) Subject to the requirements of the service, Officers Commanding shall make such arrangements as will allow each officer or man under their command leave of absence annually according to the foregoing Regulations, but, if it is found impracticable to grant such leave in any year, or for other sufficient reason, Officers Commanding may permit the leave to be taken in the following year in addition to the leave for such year, provided that in other cases leave not taken during the year it accrues shall lapse.
(c) In the case of an officer or man lent from the Royal Navy, he may be permitted if he so desires to defer fourteen days of his leave of absence each year and he shall be entitled to take this deferred leave as Foreign Service leave on his return to the United Kingdom on the conclusion of his service in the Naval Forces of the Commonwealth.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulations under the Naval Defence Act 1910–12, enacted in 1914, were introduced to establish clear guidelines for the provision of leave to personnel within the naval forces of the Commonwealth. These regulations were necessitated by the need for a structured approach to leave management to ensure operational efficiency and fairness within the service. The regulations were made by the Governor-General in Council, reflecting the urgency and importance of implementing these provisions without delay. The overarching policy objective was to ensure that leave is granted fairly and reasonably, while accommodating the operational requirements of the naval forces, thereby maintaining service standards and the welfare of the personnel.
The new regulations aimed to standardise leave entitlements and procedures, providing flexibility to Officers Commanding while ensuring that leave is utilised effectively. By setting a clear limit on the total leave period and allowing for carryover provisions, the regulations sought to balance the needs of the service with the personal circumstances of the naval personnel. Additionally, the provisions for officers lent from the Royal Navy included specific arrangements for their leave, reflecting the collaborative nature of naval operations at the time. These regulations were crucial in establishing a foundational framework for leave management in the naval forces of the Commonwealth.
Scope and Application
The Provisional Regulations under the Naval Defence Act 1910-12 provide specific rules governing leave of absence for personnel employed within the naval forces of the Commonwealth. These regulations apply to every person regularly employed within the naval forces and are designed to ensure that officers and enlisted personnel receive appropriate leave while balancing the operational needs of the service. The regulations allow for a maximum of twenty-eight days of leave per year, including public holidays, which can be granted at the discretion of the Officer Commanding. Additionally, if it is not feasible to grant leave within the same year, it may be carried over to the following year, provided that unused leave does not accumulate indefinitely. The regulations also provide a special provision for officers or men lent from the Royal Navy, allowing them to defer up to fourteen days of their leave to be taken as foreign service leave upon their return to the United Kingdom at the conclusion of their service in the Commonwealth naval forces. These regulations, made effective as of January 1, 1914, are intended to provide a structured approach to managing leave while considering the unique circumstances of naval personnel.
Key Provisions
The key operative sections of these Provisional Regulations under the Naval Defence Act 1910-12 pertain to the granting of leave of absence to personnel employed within the Naval Forces of the Commonwealth. Specifically, section 70(a) allows every person regularly employed to be granted leave of absence for periods not exceeding twenty-eight days in each year, including public holidays, at times deemed convenient by the Officer Commanding. This leave entitlement is to be managed in such a way that it is granted annually as per these regulations (section 70(b)). If it is impracticable to grant leave in any given year, Officers Commanding may permit the leave to be carried over to the following year, but in other cases, leave not taken in a year will lapse (section 70(b)). Additionally, officers or men lent from the Royal Navy may defer up to fourteen days of their leave each year, which they can then take as Foreign Service leave upon their return to the United Kingdom after concluding their service (section 70(c)).
The Regulations impose specific obligations on Officers Commanding to ensure that each officer or man under their command receives their annual leave as prescribed. They must make arrangements to facilitate the granting of leave according to the outlined provisions (section 70(b)). Furthermore, Officers Commanding must decide whether it is feasible to grant leave in any particular year, and if not, they must allow the leave to be deferred to the following year (section 70(b)). For personnel from the Royal Navy, Officers Commanding must also facilitate the deferral of up to fourteen days of leave, which can be taken as Foreign Service leave upon their return to the United Kingdom (section 70(c)).
Failure to comply with the provisions of these Regulations could lead to various consequences, though the specific penalties or consequences are not detailed within the text. Generally, breaches of such regulations could potentially result in administrative or disciplinary actions against the Officers Commanding or the personnel involved. The precise nature and extent of any penalties or consequences would depend on the specific circumstances and the governing military or naval disciplinary frameworks applicable at the time.