STATUTORY RULES.
1938. No. 91.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1934.
Dated this fourteenth day of September, 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of the Naval Forces Regulations.†
Home service leave.
Regulation 138 of the Naval Forces Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) Home Service leave may be granted to officers and men for any periods not exceeding in the aggregate in any one year—
(a) in the case of members of the Sea-going Forces—forty-two days;
(b) in the case of members of the Auxiliary Services, except Naval Dockyard Police—thirty-five days; or
(c) in the case of members of the Naval Dockyard Police—twenty-one days:
Provided that where any member has suffered from venereal disease during the year, the period of leave that may be granted under this sub-regulation shall be reduced by the number of days, not exceeding thirty, during which he was under treatment for such disease.”.
* Noticed in the Commonwealth Gazette on , 1938. (Sixth amendment)
† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; and 1938, Nos. 20, 46 and 70.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4645.—8/18.8.1938.—Price 3d.
Overview
The Naval Defence Act 1910-1934 was enacted to provide for the defence of Australia by sea and to regulate the administration of naval forces. The 1938 Statutory Rules, specifically No. 91, introduce amendments to the Naval Forces Regulations under this Act. These amendments address the allocation of home service leave to officers and men within different categories of naval forces. The regulation was made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind these amendments was to ensure that leave allocations were fair and reflected the specific needs and circumstances of different groups within the naval forces, including adjustments for those who had suffered from venereal disease during the year.
Scope and Application
The Statutory Rules 1938, No. 91, made under the Naval Defence Act 1910-1934, pertain to the amendment of the Naval Forces Regulations, specifically focusing on the provision of home service leave for various categories of personnel within the naval forces. The regulations apply to officers and enlisted members of the Sea-going Forces, the Auxiliary Services (excluding Naval Dockyard Police), and the Naval Dockyard Police, detailing the maximum aggregate leave that can be granted annually to each category. The rules are applicable within the Commonwealth of Australia and are intended to regulate the leave entitlements of naval personnel according to their specific roles and health conditions, particularly in cases where personnel have undergone treatment for venereal disease. The legislation does not specify geographic or jurisdictional limitations beyond the scope of the Commonwealth, and it does not explicitly mention exclusions or exemptions, apart from the condition related to venereal disease treatment. The application of these regulations can be further extended or modified by subsequent subordinate instruments under the authority of the Naval Defence Act.
Key Provisions
The main operative sections of these Regulations under the Naval Defence Act 1910-1934 focus on the amendment of Regulation 138 concerning Home Service leave for various categories of naval personnel. Regulation 138(1) stipulates specific maximum periods of leave that can be granted annually to different groups within the naval forces. For members of the Sea-going Forces, the maximum leave is set at forty-two days per year. For members of the Auxiliary Services, excluding Naval Dockyard Police, the limit is thirty-five days per year. For members of the Naval Dockyard Police, the limit is twenty-one days per year. The amendment also includes a provision that if any member has been under treatment for venereal disease during the year, the allowable leave may be reduced by up to thirty days.
These Regulations impose specific obligations on naval authorities regarding the allocation of Home Service leave. They must ensure that the leave granted does not exceed the prescribed limits for each category of personnel. Additionally, if a member has been treated for venereal disease, authorities must reduce the leave by the number of days of treatment, up to a maximum of thirty days. This requirement underscores the importance of adhering to both the leave limits and the adjustments for medical treatment.
Failure to comply with these Regulations could result in legal consequences. While the specific nature of these consequences is not detailed in the text provided, breaches of regulations under the Naval Defence Act 1910-1934 could potentially lead to disciplinary actions against the personnel involved. The Act itself may also provide for penalties, although the exact nature of these penalties would depend on the specific provisions of the Act and any relevant case law. It is essential for naval authorities to adhere strictly to the Regulations to avoid any adverse legal outcomes.