STATUTORY RULES.
1915. No. 43.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1914.
Universal Training Regulations.—Part IV.—Junior Cadets.—Additions.—Regulations 88a and 122a.
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 1903-1914 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twelfth day of April, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS FOR UNIVERSAL TRAINING.
Part IV.—Junior Cadets.
Additions.
After Regulation 88 insert now Regulation 88a—
“88a. School Teachers who may be injured, or temporarily incapacitated from resuming their calling in consequence of such injury, whilst in attendance at special Schools of Instruction in Junior Cadet Training in the performance of duty, may be compensated for any loss sustained thereby in salary or wages, but such compensation shall not in any case exceed an amount of 10s. per diem.
Compensation limited.
(a) Full particulars as to any injury must be communicated to the Commandant of the District within forty-eight (48) hours after its occurrence, otherwise claims will not be considered; and the Commandant shall thereupon direct a Medical Officer of the Army Medical Corps, if possible, to report on the case. A Court of Inquiry shall be assembled to inquire into the circumstances of each case, and submit its recommendation to the Commandant. The compensation shall be limited to the period during which the teacher shall be shown to have been wholly unable to follow his or her occupation, and shall not be issuable for the day of the accident, or any Sunday, or for any period for which he or she has drawn, his or her regular pay.
C.3318.—Price 3d.
When not allowable.
(b) Compensation shall not be allowed to a teacher in respect of any injury sustained whilst proceeding to the place of assembly, or whilst returning home after the dismissal of the school from duty.
(c) In cases in which an injury is not reported to the District Commandant within the limits of the time prescribed by this Regulation, and the Government is subsequently called upon to pay compensation in connexion with such injury, the amount so paid by the Government may be made a charge against the officer or soldier responsible for the neglect of duty in failing to report the injury.
Applications, documents, &c., required.
(d) Applications for compensation shall be forwarded for the consideration of the Military Board, and must be supported by the following documents:—
(i) The proceedings of the Court of Inquiry (and Medical Board, if any) which, reported on the case;
(ii) A certificate showing the period during which the teacher was unable to follow his or her calling. When, however, the injury is of so severe a nature as to incapacitate the teacher from following his or her employment for a period exceeding two months, a medical certificate showing the state of the case must be forwarded to the Commandant of the District at intervals of one month;
(iii) A certificate from the employer of the teacher showing the teacher’s average weekly earnings, and that his or her pay has been stopped during the period for which compensation is claimed;
(iv) A report from the Medical Officer who attended the individual, or examined him or her;
Practitioner’s fees.
(v) A statement of all medical expenses that are recommended to be defrayed by the Government. Only Government rates for medical attendance in each State will be recognised;
(vi) All correspondence on the subject, including a certificate from the District Paymaster that the documents are in order, and bearing the remarks and recommendations of the Commandant concerned;
(vii) No fees will be paid for certificates necessary to support claims for compensation under these Regulations.
Private hospital fees.
(e) Teachers may be treated in a private hospital, on the distinct understanding that the Department will only be liable for the payment of fees which would have been charged had the patient been treated in an approved general hospital, except under very special circumstances, which must be approved by the Minister before any liability is incurred.
Hospital, admittance to.
(f) A teacher may be required by the Principal Medical Officer of a Military District to go into a Military or Public Hospital for treatment. Should such teacher refuse to do so, the medical expenses otherwise incurred shall not be defrayed by the Government.
D. G. M. S. to report on cases.
(g) The Director-General, Medical Services, shall report on each case submitted as above.”
After Regulation 122, insert new Regulation 122a—
“122a. Every person liable to training under Part XII. of the Act, who, having been committed by a Court to the custody of any prescribed authority, and having been detained in any prescribed institution or place,
(a) Refuses or fails to comply with the Regulations or orders governing that institution or place; or
(b) Refuse to perform any drill, training, or other duty required of him; or
(c) Disobeys or neglects to obey the orders of any officer or soldier placed in authority over him;
shall be guilty of an offence, and shall, on conviction by a Court of Summary Jurisdiction, be liable to suffer one at the following penalties, namely,
(a) Detention, that is to say, confinement in military detention rooms for a period not exceeding twenty days;
(b) Confinement in the custody of the prescribed authority for a further period not exceeding twenty days.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.