STATUTORY RULES.
1913. No. 253.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Regulations for the Royal Military College of Australia— Regulations 35 and 37—Amendments.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that on account of urgency the following Regulations under the Defence Act 1903-1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this first day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Commend,
E. D. MILLEN.
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Regulations for the Royal Military College of Australia.
Amendment.
Regulation 35.—At end of sub-paragraph (c) add:—
“but it is not intended to meet the cost of dental or medical operations and attendance by Civil Practitioners incurred by a Cadet while rusticated or absent on leave or sick leave, nor will such charges be admissible against the public.”
Regulation 37 is amended to read as follows:—
“37. (i.) If a Cadet is absent from the College owing to sickness during of portion of the term, his allowance shall continue to be issued and credited to his account, except in the case of Cadets who are:—
(a) discharged as medically unfit while on sick leave as at the termination of sick leave;
(b) not advanced to a higher class through absence due to sickness or other cause.
(ii.) The daily allowance will not be paid to a Cadet for any period of absence:—
(a) on leave or sick leave, during which he dies or resigns;
(b) due to sickness between the termination of his leave and date of rejoining the College.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.12460.—Price 3d.
Overview
The Statutory Rules 1913 No. 253, titled "Provisional Regulations Under the Defence Act 1903-1912," was enacted by the Governor-General in Council under the authority of the Defence Act 1903-1912. This legislative instrument aims to amend existing regulations governing the Royal Military College of Australia, specifically addressing financial provisions related to cadet allowances during periods of absence or leave, including sick leave. The regulations explicitly exclude certain costs, such as those related to dental or medical operations and attendance by civil practitioners, from being admissible against the public. The enactment body, the Governor-General in Council, has certified the urgency of these regulations, which are intended to come into immediate operation, thereby providing a prompt adjustment to the financial policies surrounding cadet allowances at the College.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 specifically pertain to the Royal Military College of Australia, as evidenced by the amendments to Regulations 35 and 37. These regulations directly affect cadets enrolled at the College, governing aspects of their allowances and financial responsibilities, particularly in relation to their health and attendance. The regulations clarify that expenses for dental or medical operations and attendance by civilian practitioners for cadets who are rusticated, on leave, or sick leave are not to be met by the College and are not admissible against the public. Furthermore, these regulations address the continuation of allowances for cadets who are absent due to sickness, excluding specific circumstances such as discharge due to medical unfitness or resignation during leave. The amendments to Regulation 37 detail that daily allowances will not be paid during periods of absence due to sickness, death, or resignation, ensuring a clear understanding of financial obligations and entitlements for cadets under these conditions.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Act 1903-1912 pertain to the financial responsibilities of the Royal Military College of Australia (RMCA) with respect to cadets' medical and dental expenses. Regulation 35 stipulates that the RMCA is not obligated to cover the costs of dental or medical operations and attendance by civil practitioners for cadets who are rusticated or absent on leave or sick leave (Regulation 35). Furthermore, these expenses will not be charged to the public. Regulation 37 outlines specific circumstances under which a cadet's allowance will not be paid. This includes situations where the cadet is absent due to sickness during a portion of the term and is subsequently discharged as medically unfit at the end of sick leave, or when a cadet is absent due to sickness between the termination of leave and the date of rejoining the College (Regulation 37(i) and (ii)).
These Regulations impose clear obligations on the Royal Military College of Australia regarding the financial support of cadets. The RMCA is required to continue issuing allowances to cadets who are absent due to sickness, with certain exceptions. The institution must ensure that these allowances are credited to the cadets' accounts unless specific conditions are met, such as the cadet being discharged as medically unfit at the end of sick leave or not advancing to a higher class due to absence. Moreover, the RMCA is exempt from covering the costs of medical or dental operations for cadets who are rusticated or absent on leave or sick leave.
The Provisional Regulations also delineate the consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in these Regulations, it is understood that failure to adhere to these provisions could lead to administrative penalties or other repercussions as determined by the applicable laws and the Defence Act 1903-1912. The lack of explicit penalties in these Regulations suggests that any breaches may be subject to broader legal consequences under the Defence Act or other relevant legislation.