War Precautions (Active Service Moratorium) Regulations 1916 (Amendment)

Overview

Statutory Rules 1918, No. 314, is a legislative instrument that amends the War Precautions (Active Service Moratorium) Regulations 1916 under the War Precautions Act 1914-1916. Enacted by the Governor-General in Council, this regulation expands the definition of "Female Dependant" to include the wife of a former member of the Forces who is receiving medical treatment from the Army Medical Corps and is therefore unable to engage in their occupation. This amendment addresses the gap in providing support to families of ex-servicemen who, despite having been discharged without receiving a pension, require ongoing medical treatment that impedes their ability to work. The regulation aims to ensure that these families receive necessary support, reflecting the policy objective of providing comprehensive assistance to those affected by service-related disabilities.

Scope and Application

The War Precautions (Active Service Moratorium) Regulations 1916, as amended by Statutory Rules 1918, No. 314, apply to individuals and entities within the Commonwealth of Australia and are concerned with the protection and support of persons who have served in the armed forces, particularly those who have been discharged without a pension but are receiving medical treatment from the Army Medical Corps that prevents them from engaging in their occupation. The regulation extends to include the wives of such individuals as "Female Dependants", thereby entitling them to certain benefits under the Act. The scope of these regulations encompasses the provision of financial and other forms of support to ensure that those who have served and are now incapacitated can receive necessary assistance. This legislative instrument illustrates the Commonwealth's commitment to providing for the welfare of its military personnel and their families during times of war and post-war transition. The amendment made through Statutory Rules 1918, No. 314, ensures that the definition of "Female Dependant" is inclusive of those who may not have received pensions but are in need of support due to their circumstances.

Key Provisions

The main operative sections of this statutory regulation, as it pertains to the War Precautions (Active Service Moratorium) Regulations, involve an amendment to the definition of "Female Dependant" as outlined in Regulation 2. Specifically, it expands the definition to include the wife of a person who has served in the Forces and has been discharged without receiving a pension, but is currently receiving medical treatment from the Army Medical Corps that prevents them from engaging fully or partially in their occupation (Regulation 2). This amendment ensures that the benefits and protections previously only available to the wives of those receiving pensions are now extended to those in similar circumstances. The obligations and requirements imposed by this Act include ensuring that the extended definition of "Female Dependant" is recognised and applied correctly by relevant authorities and institutions. This means that the wives of discharged military personnel receiving specific medical treatment from the Army Medical Corps should be treated as female dependants for the purposes of any benefits or protections provided under the War Precautions (Active Service Moratorium) Regulations. This includes ensuring that such individuals are not subjected to the same financial and employment pressures as those not receiving such benefits, thereby offering them some relief during a period of significant personal and financial strain. In terms of consequences for breach, the statutory regulation does not explicitly detail offences, penalties, or civil/criminal consequences for failing to comply with these provisions. However, it is reasonable to infer that any non-compliance could result in legal action being taken against the responsible parties, whether they are government officials, employers, or other entities failing to recognise and apply the correct definition of "Female Dependant." This could lead to fines, legal penalties, or other civil consequences depending on the specific nature and severity of the breach. The precise penalties would likely be determined by the courts, taking into account the particular circumstances of the case.