Naval Reserve Regulations 1931 (Amendment)

Overview

Statutory Rules 1939, No. 116, issued under the Naval Defence Act 1910–1934, addresses the regulation of medical attendance and treatment for members of the Naval Reserve. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to clarify and update the existing provisions regarding medical care for reservists. The policy objective is to ensure that medical needs are adequately met during and after service periods, while also managing financial responsibilities effectively. This legislative instrument seeks to replace and amend previous regulations to provide more streamlined and explicit guidelines concerning medical attendance and treatment, ensuring that the health and well-being of Naval Reserve members are prioritised.

Scope and Application

The Regulations under the Naval Defence Act 1910–1934, made by the Governor-General in Council, pertain specifically to the medical attendance and treatment of members of the Naval Reserve. This legislative instrument applies to members of the Naval Reserve during their periods of training or service and potentially after, in cases of injuries or illnesses sustained during their service. The Naval Board is empowered to approve medical attendance and treatment under specific conditions, and it may also approve financial responsibility for medical expenses incurred in exceptional circumstances, such as when a member is treated in a private hospital. The regulations delineate the circumstances under which the Department may cover medical expenses, thus governing the financial obligations of Naval Reserve members concerning their medical care. The scope of these regulations is confined to the provision of medical services and financial responsibilities related to such services for the Naval Reserve members, with any broader applications or exclusions not explicitly detailed in the excerpt provided.

Key Provisions

The Regulations under the Naval Defence Act 1910–1934, published as Statutory Rules 1939, No. 116, primarily modify the existing provisions for medical attendance and treatment of members of the Naval Reserve. Under section 1 of the Regulations, Regulation 96 now permits medical attendance for Naval Reserve members during training or service, and allows the Naval Board to approve medical attendance post-service if related to injuries or illnesses sustained during their service (s.1(1) and (2)). Members may be required to enter a departmental or public hospital for treatment, and refusal to do so will result in the Department not covering the medical expenses (s.1(3)). The Regulations also stipulate that members who choose private treatment must bear all financial responsibility unless the Naval Board approves otherwise in exceptional circumstances (s.3(1)). The Naval Board may approve the whole or part of the expenses incurred in such treatment (s.3(2)). These Regulations impose obligations on the Naval Board to assess and approve medical attendance and treatment requests, ensuring that members receive appropriate care. Members are required to comply with medical directives, including hospital admissions when directed by a Naval Medical Officer. Refusal to comply with such directives results in financial responsibility falling on the member. Breaches of these provisions, particularly refusal to comply with medical directives, could lead to civil consequences such as the Department not defraying the incurred medical expenses. The Regulations do not explicitly state penalties for non-compliance but imply financial repercussions for members who do not adhere to the approved medical directives.