STATUTORY RULES.
1918. No. 203.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, SIR WALTER EDWARD DAVIDSON, Deputy of 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 1903-1918 to come into operation forthwith.
Dated this thirty-first day of July, 1918.
W. E. DAVIDSON,
Deputy of the Governor-General.
By His Excellency’s Command,
G. E. PEARCE,
Minister of State for Defence.
War Financial Regulations are amended as follows:—
(1) Regulation 24 is repealed and the following Regulation made in lieu thereof, to take effect as from 8th June, 1918:—
“Members of the Australian Imperial Force and the Australian Army Nursing Service granted sick furlough or sick leave abroad will when rations and quarters or allowances in lieu are not provided be entitled to draw an allowance of 4s. per diem for the period of such sick furlough or sick leave under conditions laid down in Orders by the General Officer Commanding Australian Imperial Force.”
(2) Regulation 24a is amended by deleting the words—
“provided that such allowance shall not be payable in excess of a period of 21 days during any one voyage.”
(3) Sub-Regulation (1) of Regulation 71 is amended as from 1st January, 1918, to read as follows:—
“(1). In order that Australian dependants of an Imperial Reservist may not be left without means of support during the period that the Reservist is returning to Australia, payment of the difference between the Imperial and Australian rates of pay and Separation Allowance may be continued until the date of his return to Australia, provided, however, that such payment shall not be made for a period exceeding two months from the date of discharge abroad.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1918 No. 203, made under the Defence Act 1903-1918, were enacted to address the need for financial support for members of the Australian Imperial Force and the Australian Army Nursing Service during their sick furlough or sick leave abroad. This legislative instrument, issued by Sir Walter Edward Davidson as the Deputy of the Governor-General, with the advice of the Federal Executive Council, and countersigned by the Minister of State for Defence, George Edward Pearce, specifically amends War Financial Regulations to provide an allowance for those on sick leave and to ensure that dependants of Imperial Reservists are not left without support during their return to Australia. The overarching policy objective is to ensure that military personnel and their families receive necessary financial support during periods of absence from Australia due to military service.
Scope and Application
The Statutory Rules 1918, No. 203, Regulations under the Defence Act 1903-1918, made under the authority of the Governor-General's Deputy and Federal Executive Council, address specific financial allowances for members of the Australian Imperial Force and the Australian Army Nursing Service. These Regulations apply to individuals who are granted sick furlough or sick leave abroad, ensuring that they receive a daily allowance of 4 shillings when rations and quarters or allowances in lieu are not provided. This allowance is subject to conditions outlined in Orders by the General Officer Commanding Australian Imperial Force. Additionally, the Regulations cover the financial support for Australian dependants of Imperial Reservists, ensuring continued payment of the difference between Imperial and Australian rates of pay and Separation Allowance until the Reservist's return to Australia, but not exceeding two months from the date of discharge abroad. These provisions are part of the War Financial Regulations and are designed to support military personnel and their families during their service abroad.
Key Provisions
The Regulations under the Defence Act 1903-1918 introduce specific provisions related to allowances for Australian military personnel. Regulation 24, which was repealed, is replaced with a new regulation that provides an allowance of 4 shillings per day for members of the Australian Imperial Force and the Australian Army Nursing Service who are on sick furlough or sick leave abroad and are not provided with rations and quarters or allowances in lieu (Reg. 24). This allowance is subject to conditions set out in orders by the General Officer Commanding the Australian Imperial Force.
Further amendments include the deletion of a limitation in Regulation 24a that previously restricted the allowance to a maximum of 21 days during any one voyage. This change means that the allowance can now be paid for a longer period, as long as the conditions are met (Reg. 24a). Additionally, Regulation 71 has been amended to allow for the continuation of payments to Australian dependants of Imperial Reservists until the reservist's return to Australia, up to a maximum of two months from the date of discharge abroad (Reg. 71(1)).
These Regulations impose obligations on the relevant authorities to ensure that the allowances are properly administered and that the conditions set forth are adhered to. The authorities are required to process claims for the allowances accurately and in a timely manner, ensuring that eligible members of the Australian Imperial Force and their dependants receive the financial support to which they are entitled. Any failure to comply with these provisions could result in financial discrepancies and potential hardship for the affected individuals.
There are no explicit provisions in the Regulations detailing the consequences for non-compliance. However, breaches of regulations under the Defence Act 1903-1918 may be subject to penalties under other applicable laws, such as the Crimes Act 1914. The severity of the penalties would depend on the nature of the breach and the specific provisions of other relevant legislation. Non-compliance could potentially lead to legal action, administrative penalties, or other corrective measures to ensure adherence to the regulations.