STATUTORY RULES.

1937. No. 9.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

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 Naval Defence Act 1910-1934.

Dated this third day of February, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendment of Naval Reserve (Sea-going) Regulations.†

Regulations 94, 95 and 96 of the Naval Reserve (Sea-going) Regulations are repealed and the following regulations are inserted in their stead:—

Medical Treatment.

“94. When called out by proclamation an officer may receive medical treatment under the regulations applicable to officers of the Royal Australian Navy.

Pay during incapacity.

95. (1) When undergoing training or service in time of peace, an officer checked sick on account of a disability not due to his own negligence or misconduct or to other causes within his own control may, during the period of his appointment, receive medical treatment under the regulations applicable to officers of the Royal Australian Navy, and be borne for full pay in accordance with the following scale:—

*Notified in the Commonwealth Gazette      , 1937.

†Statutory Rules 1926, No. 207, as amended by Statutory Rules, 1927, No. 97; 1928, No. 2; 1929, No. 6; 1930, Nos. 124 and 152; 1931, Nos. 81 and 139; 1932, No. 62; 1933, No. 112; 1934, No. 160; 1935, No. 59; and 1936, No. 110.

7088.—9/15.1.1937.—Price 3d.

(2) In special cases, such as serious bodily injury resulting from an accident on duty, or sickness due to extraordinary exposure or exertion on service, the Naval Board may determine the period in addition to that prescribed in sub-regulation (1) of this regulation, during which an officer shall receive the full rate of pay.

(3.) Subject to sub-regulation (4) of this regulation, an officer incapacitated by injury or sickness due to his own negligence or misconduct or to other causes within his own control may, with the approval of the Naval Board, receive medical treatment in H.M.A. Ship or Establishment, and be borne on full pay during disablement for periods not exceeding the following:—

Cost of medical treatment from other than Naval sources, and any travelling expenses occasioned by the disability, shall not be a charge against Commonwealth funds.

(4) An officer incapacitated by injury or sickness due to his own negligence, misconduct or other causes within his own control, if unlikely to be fit for training or service—

(a) within 7 days if appointed for 28 days or less;

(b) within 14 days if appointed for more than 28 days but not exceeding 56 days;

(c) within 21 days if appointed for more than 56 days but not exceeding 91 days; or

(d) within 28 days if appointed for more than 91 days,

shall cease pay on the date of the occurrence of the disability and be discharged to shore when fit to travel.

Certain time whilst incapacitated may count as training.

96. (1) Within the period of an appointment all time in respect of which full pay whilst incapacitated is granted under the provisions of sub-regulations (1) and (2) of regulation 95 of these Regulations shall count as training or service for the purposes of promotion, training fees, and other benefits dependent upon the satisfactory completion of training or service.

(2) In the case of an officer to whom sub-regulation (3) of regulation 95 of these Regulations applies, the following time whilst incapacitated within the period of an appointment may be permitted to count as training or service, notwithstanding that full pay may not have been issued in respect of the whole of such time:—

(3) The Naval Board may approve of an officer being retained beyond the period of his appointment to complete the balance of time by which the period of disability exceeds the time permitted to count as training or service”

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