Naval Reserve (Sea-going) Regulations 1926 (Amendment)

Legislation au C1937L00009 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1937. No. 9.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

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 1910-1934.

Dated this third day of February, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Naval Reserve (Sea-going) Regulations.

Regulations 94, 95 and 96 of the Naval Reserve (Sea-going) Regulations are repealed and the following regulations are inserted in their stead:—

Medical Treatment.

“94. When called out by proclamation an officer may receive medical treatment under the regulations applicable to officers of the Royal Australian Navy.

Pay during incapacity.

95. (1) When undergoing training or service in time of peace, an officer checked sick on account of a disability not due to his own negligence or misconduct or to other causes within his own control may, during the period of his appointment, receive medical treatment under the regulations applicable to officers of the Royal Australian Navy, and be borne for full pay in accordance with the following scale:—

Period of Appointment.

Maximum period for which full pay may be paid.

If appointed for 28 days and less than 56 days...............

7 days

If appointed for 56 days and less than 91 days...............

14 days

If appointed for 91 days and less than 121 days..............

21 days

If appointed for 182 days or more.......................

42 days

*Notified in the Commonwealth Gazette      , 1937.

†Statutory Rules 1926, No. 207, as amended by Statutory Rules, 1927, No. 97; 1928, No. 2; 1929, No. 6; 1930, Nos. 124 and 152; 1931, Nos. 81 and 139; 1932, No. 62; 1933, No. 112; 1934, No. 160; 1935, No. 59; and 1936, No. 110.

7088.—9/15.1.1937.—Price 3d.

 


(2) In special cases, such as serious bodily injury resulting from an accident on duty, or sickness due to extraordinary exposure or exertion on service, the Naval Board may determine the period in addition to that prescribed in sub-regulation (1) of this regulation, during which an officer shall receive the full rate of pay.

(3.) Subject to sub-regulation (4) of this regulation, an officer incapacitated by injury or sickness due to his own negligence or misconduct or to other causes within his own control may, with the approval of the Naval Board, receive medical treatment in H.M.A. Ship or Establishment, and be borne on full pay during disablement for periods not exceeding the following:—

(a) If appointed for 91 days or more, but not exceeding 182 days....

21 days.

(b) If appointed for more than 182 days.....................

30 days.

Cost of medical treatment from other than Naval sources, and any travelling expenses occasioned by the disability, shall not be a charge against Commonwealth funds.

(4) An officer incapacitated by injury or sickness due to his own negligence, misconduct or other causes within his own control, if unlikely to be fit for training or service—

(a) within 7 days if appointed for 28 days or less;

(b) within 14 days if appointed for more than 28 days but not exceeding 56 days;

(c) within 21 days if appointed for more than 56 days but not exceeding 91 days; or

(d) within 28 days if appointed for more than 91 days,

shall cease pay on the date of the occurrence of the disability and be discharged to shore when fit to travel.

Certain time whilst incapacitated may count as training.

96. (1) Within the period of an appointment all time in respect of which full pay whilst incapacitated is granted under the provisions of sub-regulations (1) and (2) of regulation 95 of these Regulations shall count as training or service for the purposes of promotion, training fees, and other benefits dependent upon the satisfactory completion of training or service.

(2) In the case of an officer to whom sub-regulation (3) of regulation 95 of these Regulations applies, the following time whilst incapacitated within the period of an appointment may be permitted to count as training or service, notwithstanding that full pay may not have been issued in respect of the whole of such time:—

If appointed for 28 days and less than 56 days

..

7

days.

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,,

56

,,

,,

,,

,,

91

..

14

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,,

,,

91

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,,

,,

,,

121

..

21

,,

,,

,,

,,

182 days or more..................

42

,,

(3) The Naval Board may approve of an officer being retained beyond the period of his appointment to complete the balance of time by which the period of disability exceeds the time permitted to count as training or service”

 

 

By Authority: L. f. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Regulations under the Naval Defence Act 1910-1934, enacted in 1937, were designed to address the specific needs of officers in the Naval Reserve who were incapacitated during their service or training. These regulations were made by the Governor-General in Council, following the advice of the Minister of State for Defence, and were intended to ensure that officers received appropriate medical treatment and pay during periods of incapacity. The primary policy objective was to provide fair and consistent support to Naval Reserve officers who were incapacitated due to reasons beyond their control, ensuring they were not unfairly disadvantaged in terms of pay and the ability to count their incapacitated time as service for promotional and other benefits.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934 pertain specifically to officers within the Naval Reserve, particularly those engaged in sea-going duties. These regulations are designed to govern the medical treatment and pay entitlements of officers who are incapacitated due to disabilities arising from service, excluding those caused by their own negligence or misconduct. The geographic reach of these regulations is national, applying uniformly across Australia as a Commonwealth instrument. Notably, these regulations do not extend to officers of other defence forces or civilian personnel, and they do not cover situations where the disability results from personal misconduct or negligence. Additionally, the regulations allow for certain extensions in the period of full pay and medical treatment in exceptional cases, determined by the Naval Board. The scope of these regulations is further extended and clarified through subordinate instruments, which provide detailed guidelines on the specific conditions and procedures for implementing the provisions outlined in the primary legislation.

Key Provisions

The Regulations under the Naval Defence Act 1910-1934, particularly sections 94, 95, and 96, address the medical treatment and pay provisions for officers in the Naval Reserve when they are called out or undergo training. Section 94 states that officers called out by proclamation may receive medical treatment under the regulations applicable to Royal Australian Navy officers. Section 95 details the pay during incapacity, where officers who become incapacitated due to sickness or injury not caused by their own negligence or misconduct may receive full pay for specific periods based on their appointment duration. It also allows for additional pay in special cases, such as serious bodily injuries or sickness due to extraordinary exposure or exertion on duty. Section 96 allows for certain periods of incapacity to count towards training or service for promotion and other benefits, with specific allowances made for time beyond the periods of full pay. These Regulations impose obligations on officers to report any incapacity due to sickness or injury and to comply with the Naval Board's determinations regarding pay and treatment. The Naval Board has the authority to determine the duration of pay and treatment for officers incapacitated due to their own negligence or misconduct, as well as special cases of incapacity. Additionally, officers who are unlikely to be fit for training or service within certain periods must cease pay and be discharged. Failure to comply with these Regulations may result in disciplinary action against the officers involved. Although the specific penalties are not detailed in the Regulations, breaches of service conditions or misconduct could lead to administrative penalties, including the cessation of pay and discharge from service. The Regulations do not explicitly mention civil or criminal penalties, but breaches of the Naval Defence Act or associated regulations could result in legal consequences under the broader legislative framework.

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Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Pay during incapacity

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.