STATUTORY RULES.
1944. No. 23.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 Defence Act 1903-1941.
Dated this twenty-seventh day of January, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
F. M. FORDE
Minister of State for the Army.
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Amendments of the Volunteer Defence Corps Regulations.†
Constitution of Volunteer Defence Corps.
1. Regulation 3 of the Volunteer Defence Corps Regulations is amended by adding at the end thereof the words “and members of the Australian Military Forces, employed on full time duty, who are transferred to the Corps”.
Rank, precedence and power of command.
2. Regulation 7 of the Volunteer Defence Corps Regulations is amended by inserting in sub-regulation (2.), after the word “Corps” (first occurring), the words “, or seconded for duty with, or attached to, the Corps,”.
Pay and allowances.
3. Regulation 8 of the Volunteer Defence Corps Regulations is amended—
(a) by inserting in sub-regulation (5.) after the word “allowances”, the words ‘in respect of each day for which he was necessarily absent from his usual place of residence”; and
(b) by adding at the end thereof the following proviso:—
“Provided that where, owing to the evacuation of the member on account of illness or on account of his permitted absence by reason of urgent or unforeseen circumstances beyond his control, he attends for less than six consecutive days, the member shall, if his Commanding Officer reports favorably upon his work and the Military Board is satisfied by a medical certificate, or such other satisfactory evidence as the case requires, as to the necessity for his absence, be entitled to pay and allowances, in accordance with the provisions of this sub-regulation, in respect of the days of his actual attendance and the time occupied in travelling by the most direct route between his usual place of residence and the place at which he was required to attend.”.
* Notified in the Commonwealth Gazette on 3rd February, 1944.
† Statutory Rules 1942, No. 38, as amended by Statutory Rules 1942, No. 388; and 1943, No. 247.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7525.—Price 3d.
Overview
The Statutory Rules 1944 No. 23, enacted under the Defence Act 1903-1941, was introduced to amend the Volunteer Defence Corps Regulations, addressing the need to integrate members of the Australian Military Forces who were transferred to the Corps. The regulations were made by the Governor-General in Council under the authority granted by the Defence Act 1903-1941, and they reflect the urgent requirements of the time, particularly in light of the Second World War. The policy objective was to streamline the administrative processes and ensure that members of the military who were transferred to the Volunteer Defence Corps received appropriate rank, precedence, pay, and allowances, thereby maintaining operational efficiency and morale within the defence forces.
Scope and Application
The Statutory Rules 1944, No. 23, made under the Defence Act 1903-1941, specifically amends the Volunteer Defence Corps Regulations. These regulations apply to members of the Volunteer Defence Corps, including those who are members of the Australian Military Forces and are employed on full-time duty, as well as those who are transferred to the Corps. The amendments govern the rank, precedence, and command power within the Corps, and address pay and allowances for members, including conditions for absence from their usual place of residence due to illness or unforeseen circumstances. The scope of these regulations is confined to the Commonwealth jurisdiction, affecting entities and individuals directly involved with the Volunteer Defence Corps. These regulations do not explicitly state exclusions or exemptions, but the detailed provisions for pay and allowances suggest that the application is quite specific to the circumstances of service and absence of the members. Any further extensions or restrictions to these regulations may be implemented through subordinate instruments under the Defence Act 1903-1941.
Key Provisions
The primary sections of these Regulations, which amend the Volunteer Defence Corps Regulations, introduce several changes to the conditions under which members of the Volunteer Defence Corps (VDC) operate. Firstly, Regulation 3 is amended to include members of the Australian Military Forces who are employed on full-time duty and transferred to the Corps. Secondly, Regulation 7 is altered to specify that the rank, precedence, and power of command apply not only to members of the Corps but also to those seconded for duty with, or attached to, the Corps. Thirdly, Regulation 8 is amended to ensure that members receive pay and allowances for each day they are necessarily absent from their usual place of residence. This amendment also provides for special circumstances where a member may be granted pay and allowances despite attending for less than six consecutive days, provided certain conditions are met.
These Regulations impose specific obligations on members of the VDC and those seconded for duty with, or attached to, the Corps. Members must adhere to the new provisions regarding their rank, precedence, and command structure, ensuring they understand their roles and responsibilities within the Corps. Additionally, members must keep accurate records of their attendance and any absences due to illness or other unforeseen circumstances, as these records will be necessary for the calculation of their pay and allowances. The Regulations also require Commanding Officers to report favorably on a member's work and for the Military Board to be satisfied by appropriate evidence of the necessity for any absences.
Failure to comply with these Regulations may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the text provided, it is common for breaches of military regulations to carry substantial penalties under the Defence Act 1903-1941. Such penalties could include fines, imprisonment, or other disciplinary actions, depending on the severity and nature of the breach. The precise penalties would be determined by the relevant military authorities in accordance with the Act and any other applicable laws.