Naval Forces Regulations 1926 (Amendment)

Overview

The Statutory Rules 1927, No. 103, Regulations Under the Naval Defence Act 1910-1918, were enacted to amend the Naval Forces Regulations, specifically addressing the treatment of members of the Naval Forces who contract venereal disease. These regulations were introduced to ensure that the treatment of such conditions is handled with fairness and consideration for the service members' health and circumstances. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations aim to provide a more compassionate approach in the treatment of venereal disease within the Naval Forces. The policy objective of these regulations is to exempt certain service members from penalties if they are under medical treatment for venereal disease and unable to perform their duties, while ensuring accountability for those whose condition is due to their own default.

Scope and Application

The Regulations under the Naval Defence Act 1910-1918 apply to members of the Naval Forces within the Commonwealth of Australia, specifically addressing the treatment and conduct of personnel who are under medical treatment for venereal diseases. These Regulations extend to the entire Commonwealth, ensuring that the rules and amendments outlined are uniformly applicable across federal jurisdiction. Notably, the Regulations clarify the conditions under which a member of the Naval Forces is exempt from penalties when undergoing treatment for venereal diseases, particularly if their condition is certified by a medical officer or if they have been granted a Hurt certificate. Additionally, members requiring periodic treatment for syphilis after being declared fit for duty are also exempt from penalties, provided they follow the stipulated conditions. The application of these Regulations is further refined through subordinate instruments, which may extend or restrict their scope as deemed necessary.

Key Provisions

The main operative section of this statutory instrument (Regulation 134(1a)) introduces a new sub-regulation that modifies the existing Naval Forces Regulations. It specifies that a member of the Naval Forces will be considered to be under treatment for venereal disease if they are receiving medical treatment for such a disease on any given day and are unable to perform their full duties as a result. This sub-regulation, however, exempts certain members from penalties that might otherwise apply. Specifically, it exempts those whose condition is certified by a medical officer as not being due to their own default, or those who have been granted a Hurt certificate. Additionally, members requiring periodic treatment for syphilis after being declared fit for draft to any ship following the initial course of treatment are also exempt from these penalties. The Act imposes several obligations on the parties it governs. Primarily, it requires that any member of the Naval Forces who is receiving medical treatment for venereal disease and is unable to perform their full duties must be assessed under the criteria outlined in the new sub-regulation. The onus is on the medical officers to certify the conditions of the members, ensuring that the exemptions are correctly applied. This certification process is critical to avoid unwarranted penalties for those who meet the specified criteria. Additionally, the Act mandates that any member who requires periodic treatment for syphilis must be declared fit for draft to any ship post-treatment, with the understanding that they will not be subject to penalties if their condition necessitates ongoing treatment. There are potential consequences for breach of these regulations. While the specific offences and penalties are not detailed in the text, it is implied that failure to adhere to the provisions of this statutory instrument could result in disciplinary action or other penalties as prescribed by the Naval Defence Act 1910-1918. The regulation's emphasis on exemptions and specific conditions suggests that any breach involving the misapplication of these exemptions could be met with appropriate sanctions. The precise nature of these penalties would be determined in accordance with the broader legal framework established by the Act.