STATUTORY RULES.
1928. No. 120.
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.
Dated this twenty seventh day of November 1928.
Governor-General.
By His Excellency’s Command,
for Minister of State for Defence.
Amendment of Naval Reserve Regulations.
(Statutory Rules 1926, No. 199, as amended to present date.)
(Second Amendment.)
1. After regulation 68, the following regulation is inserted:—
“68a. An adult member who so volunteers may, with the approval of the Director, be permitted to undergo extra training or courses, afloat or ashore, additional to the statutory training prescribed, for the purpose of qualifying for advancement in rating or for confirmation or promotion in rank: provided, however, that such additional training shall not in any one training year exceed seventeen days exclusive of travelling time.”
2. Regulation 69 is amended by omitting paragraph (b), and inserting in its stead the following paragraph:—
“(b) serve in one of H.M.A. Ships or Naval Establishments if he so volunteers for such period as the Naval Board may require. The total of such service shall not, however, exceed twelve months during his service in the Naval Reserve.”
3. Regulation 117, sub-regulation (1) is amended by adding at the end thereof the following:—
“provided, however, that in exceptional circumstances the Naval Board may approve of the whole or part of such expenses being borne by the Department.”
2482.—Price
4. Regulation 157 is amended—
(1) by omitting from sub-regulation (1) the words “Pay for a whole day, half-day, or quarter-day will be allowed for the above attendances, according to the duration of the attendances.”
(2) by omitting from sub-regulation (2) the words “of the band at a naval funeral, pay for a whole day of a proportionate amount for a half-day parade shall be allowed”, and inserting in their stead the words “of the Naval Reserve at the funeral of an officer of high rank or of a person of distinguished career, pay shall be allowed at the rates prescribed in regulation 155.”
(3) by inserting after sub-regulation (3) the following sub-regulation:—
“(3a) Pay for attendances specified in sub-regulations (1), (2), and (3) of this regulation will be allowed for a whole day, half-day, or quarter-day according to the duration of the attendances.”
5. Regulation 169 is repealed, and the following regulation is inserted in its stead:—
“169. (1) The Naval Board may authorize payment of compensation in a case of incapacity extending beyond a period of six months.
(2) The maximum amount of compensation payable under this regulation shall be a sum equivalent to three years’ pay, and shall be awarded only in case of total disability to earn a livelihood.
(3) In the case of partial disability, extending beyond a period of six months the compensation payable under this regulation shall be less than the maximum amount, and shall be assessed as a percentage of the maximum compensation corresponding to the degree of disability of the member as may be determined by the Naval Board.
(4) For the purpose of assessing compensation under this regulation and regulation 170, pay shall include the payments and allowances prescribed in the Naval Financial Regulations, which may be included in the case of a member of corresponding rank or rating in the Permanent Naval Forces (Sea-going).
(5) Compensation shall be assessed by the Naval Board after consideration of the report of the Medical Board which surveys the member at the termination of the period of six months as prescribed in sub-regulation (4) of regulation 168.
(6) Notwithstanding anything to the contrary contained in regulation 168, and sub-regulation (1) of this regulation, if, in the opinion of the Board of Survey, the injury sustained or the disease contracted is due to the member’s default or misconduct, no compensation shall be payable.
6. Regulation 170 is repealed, and the following regulation is inserted in its stead:—
“170. (1) The Naval Board may authorize payment of compensation to the widow and children of a member who is killed when
on duty, or who dies of an injury received, or disease contracted due to the Service, provided that the death, injury, or disease contracted was not due to the member’s default or misconduct.
(2) The amount of compensation shall be three years’ pay as prescribed in regulation 169. No claim for compensation shall be considered unless it is made within twelve months of the death of the member.
(3) The amount of compensation payable under sub-regulation (2) shall be distributed in such proportions and in such manner as the Naval Board determines, having regard to the circumstances of the widow and children. The compensation apportioned in respect of an infant child may be paid on behalf of the child to the widow or such other person as the Naval Board directs.
(4) The receipt of the person to whom payment is made on behalf of an infant child shall constitute an absolute discharge to the Commonwealth in respect of any compensation payable to the child under this regulation.”
By Authority: H J. Green, Government Printer, Canberra.