Volunteer Defence Corps Regulations (Amendment)

Legislation au C1943L00247 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 247.

 

REGULATION 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 Regulation under the Defence Act 1903-1941.

Dated this twenty-ninth day of September, 1943.

GOWRIE

Governor-General.

By His Excellencys Command,

F. M. FORDE

Minister of State for the Army.

 

Amendment of the Volunteer Defence Corps Regulations.

Regulation 8 of the Volunteer Defence Corps Regulations is repealed and the following regulation inserted in its stead:—

Pay and allowances.

8.—(1.) Except as provided in this regulation, a member of the Corps shall not be entitled to any pay or allowances for his services.

(2.) Any member of the Corps employed on full-time service shall be entitled to pay and allowances at the daily rate specified by the War Financial (Military Forces) Regulations for the rank corresponding to his rank in the Corps.

(3.) When a member of the Corps who is not employed on full-time service performs duty in obedience to any command directed to him personally, or which is subsequently certified to have been necessary in the then existing circumstances, he shall be paid—

(a) an amount equivalent to his loss of earnings in his civil employment, or, in the case of a member in casual or irregular civil employment, to his probable loss of earnings consequential upon the performance of that duty; or

(b) pay and allowances at the daily rate specified by the War Financial (Military Forces) Regulations for the rank corresponding to his rank in the Corps,

whichever is the less.

(4.) For the purposes of the last preceding sub-regulation, duty does not include attendance at any parade, school of instruction, bivouac or the like, extending for less than six consecutive days, for the purpose of training or receiving instruction, or any attendance at any ceremonial or other parade or any duty certified by the Military Board to be special duty of an operational nature.

 

* Notified in the Commonwealth Gazette on 30th September, 1943.

†Statutory Rules 1942, No. 38, as amended by Statutory Rules 1942, No. 388.

4698.—PRICE 3D.


(5.) When any member of the Corps who is not employed on full-time service attends any parade, school of instruction, bivouac or the like extending for six or more consecutive days, he shall, subject to sub-regulation (10.) of this regulation, be entitled to pay and allowances at the daily rate prescribed by the War Financial (Military Forces) Regulations for the rank corresponding to his rank in the Corps.

(6.) When a member of the Corps who is not employed on full-time service performs any duty which is certified by the Military Board to be special duty of an operational nature, he shall, subject to sub-regulation (10.) of this regulation, be entitled to pay and allowances at the daily rate specified by the War Financial (Military Forces) Regulations for the rank corresponding to his rank in the Corps.

(7.) The Military Board shall issue all necessary Orders and Instructions for the purpose of carrying into effect the provisions of sub-regulation (3.) of this regulation and, in particular, as to the manner in which, and the persons by whom, the certification of duty as necessary, and the determination of the amounts to be paid under that sub-regulation, shall be made.

(8.) A. member of the Corps who is employed on full-time duty or, though not so employed, performs duty in accordance with sub-regulation (5.) of this regulation, may be paid travelling expenses and allowances in accordance with the provisions of Part IV. of the War Financial (Military Forces) Regulations.

(9.) In special circumstances, the Military Board may authorize payment to a member of the Corps who is not employed on full-time service of travelling expenses and of such allowances in lieu of rations or quarters, or both, as the Board considers appropriate in the circumstances.

(10.) For the purpose of calculating the amount due under sub-regulations (5.) and (6.) of this regulation to a member of the Corps not employed on full-time service—

(a) where the period of attendance or duty of that member is not less than twenty-four consecutive hours, he shall be entitled to one days pay and allowances for each period of twenty-four hours, or portion thereof, of that attendance or duty;

(b) where the period of attendance or duty is not less than eighteen consecutive hours, but is less than twenty-four hours, whether the period is wholly within one day or not, he shall be entitled to pay and allowances for three-quarters of one day;

(c) where the period of attendance or duty is not less than twelve consecutive hours, but is less than eighteen hours, whether, the period is wholly within one day or not, he shall be entitled to pay and allowances for one half of one day;

(d) where the period of attendance or duty is not less than six consecutive hours, but is less than twelve hours, whether the period is wholly within one day or not, he shall be entitled to pay and allowances for one quarter of one day; and

(e) where the period of attendance or duty is less than six consecutive hours, he shall not be entitled to any pay or allowances..

 

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

Overview

The Statutory Rules 1943 No. 247, made under the Defence Act 1903-1941, address the need to amend the pay and allowances for members of the Volunteer Defence Corps (VDC) during the Second World War. Enacted by the Governor-General in Council, the regulations were designed to ensure that members of the VDC who were called upon to serve, whether on a full-time or part-time basis, were compensated appropriately for their contributions. The primary policy objective is to provide fair and adequate remuneration to VDC members, aligning their compensation with that of full-time military forces where applicable, while ensuring that the financial burden on the government is managed effectively by limiting payments to necessary circumstances. The regulation specifies detailed conditions under which VDC members are entitled to various forms of compensation, such as loss of earnings or standard allowances, depending on the nature and duration of their service.

Scope and Application

The Statutory Rules 1943 No. 247 made under the Defence Act 1903-1941 pertain to the amendment of the Volunteer Defence Corps Regulations, specifically addressing the pay and allowances for members of the Corps. This regulation applies to members of the Volunteer Defence Corps, who are not employed on full-time service, and those who perform duty under certain conditions. The regulation outlines the circumstances under which members may be entitled to compensation for their services, including compensation for loss of earnings or pay and allowances based on the duration of their duty. It also specifies the types of duties that qualify for compensation and those that do not, such as attendance at parades or training sessions of less than six consecutive days. The regulation extends to cover both Commonwealth and state jurisdictions, and it may be further defined or restricted through subordinate instruments issued by the Military Board. Notably, the regulation does not provide for automatic entitlement to pay and allowances for all activities but rather sets specific conditions under which compensation may be granted.

Key Provisions

The key provisions of this regulation (regulation 8) pertain to the pay and allowances for members of the Volunteer Defence Corps. Section 8(1) stipulates that, generally, members of the Corps are not entitled to any pay or allowances unless specified by this regulation. Section 8(2) states that members employed on full-time service are entitled to pay and allowances at the daily rate specified by the War Financial (Military Forces) Regulations for their corresponding rank in the Corps. Section 8(3) provides that members not on full-time service who perform duty may be paid either their loss of earnings or pay and allowances at the daily rate specified by the War Financial (Military Forces) Regulations, whichever is less. Section 8(4) excludes certain types of duty from the definition of duty for the purposes of calculating pay and allowances, such as attendance at parades, schools of instruction, or bivouacs lasting less than six consecutive days. Section 8(5) provides that members who attend parades, schools of instruction, or bivouacs lasting six or more consecutive days are entitled to pay and allowances at the specified daily rate. Section 8(6) provides that members performing duty certified by the Military Board as special duty of an operational nature are also entitled to pay and allowances at the specified daily rate. The regulation imposes several obligations on the parties it governs. Members of the Volunteer Defence Corps must perform duty in accordance with commands or certified necessity to be eligible for pay and allowances. Members employed on full-time service must adhere to the pay and allowance rates specified in the War Financial (Military Forces) Regulations. The Military Board has the responsibility to issue necessary orders and instructions to implement the regulation, including certifying duties and determining payment amounts. The Military Board also has the discretion to authorize payment of travelling expenses and allowances in lieu of rations or quarters under certain circumstances. There are no explicit offences, penalties, or civil/criminal consequences for breach of this regulation mentioned in the text. However, non-compliance with the Military Board’s orders and instructions could potentially lead to disciplinary action within the Defence Force. The regulation does not specify maximum penalties for breach, but penalties would likely be determined by internal Defence Force regulations and disciplinary procedures.

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