REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1965.*
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 1910-1965.
Dated this thirtieth day of June, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
F. CHANEY
Minister of State for the Navy.
–––––––
NAVAL FORCES (PAPUA AND NEW GUINEA DIVISION) REGULATIONS
Part I.—Preliminary
Short title.
These Regulations may be cited as the Naval Forces (Papua and New Guinea Division) Regulations.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-7).
Part II.—Pay and Allowances.
Division 1.—Pay (Regulations 8-13).
Division 2.—Allowances (Regulations 14-19).
Part III.—Travel at the Expense of the Department (Regulations 20-31).
Part IV.—Leave and Furlough (Regulations 32-37).
Part V.—Miscellaneous (Regulations 38-51).
Application.
These Regulations apply to and in relation to a male member of the Permanent Naval Forces who is included in the Papua and New Guinea Division.
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
“Australia” includes the Territories of the Commonwealth that form part of the Commonwealth but does not include any other Territory of the Commonwealth to which the Act extends;
“leave” means leave of absence with pay;
“home”, in relation to a member, means the place determined by the Naval Board to be the member’s home;
* Notified in the Commonwealth Gazette on 1 July, 1966.
7232/66.—Price 25c (2s. 6d.) 15/22.6.1966
“member” means a member of the Permanent Naval Forces included in the Papua and New Guinea Division;
“oversea” means outside the New Guinea area or Australia;
“pay seniority” means seniority for the purposes of pay calculated as determined by the Naval Board under regulation 10 of these Regulations;
“sailor” means a member, other than a member who is an officer;
“the Act” means the Naval Defence Act 1910-1965;
“the Department” means the Department of the Navy;
“the Naval Board” means the Board of Administration for the Naval Forces constituted under section 7 of the Act;
“the New Guinea area” means the area comprising the Territory of New Guinea as described in the Second Schedule to the Papua and New Guinea Act 1949-1964 and the Territory of Papua as described in the Third Schedule to that Act.
(2.) A reference in these Regulations to a rank by name shall, unless the contrary intention appears, be read as including a reference to any other rank that, according to the customs of the Navy, corresponds with that first-mentioned rank.
(3.) A member who is promoted to a higher rank temporarily shall be deemed, for the purposes of these Regulations, to hold that higher rank until he reverts to a lower rank.
(4.) A reference in these Regulations to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered.
(5.) A reference in these Regulations to a married member shall be read as including a reference to a member who has entered into a native customary marriage in accordance with the customs prevailing in the tribe or group of natives to which the parties to the marriage belong or either of them belongs, being a marriage that is, by virtue of Part V. of the Marriage Ordinance 1963 of the Territory of Papua and New Guinea, for the purposes of a law in force in that Territory as valid and effectual as a marriage under Part IV. of that Ordinance.
Delegations.
5.—(1.) The Minister may, in relation to a matter or a class of matters, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation).
(2.) The Naval Board may, in relation to a matter or a class of matters, delegate any of the Naval Board’s powers and functions under these Regulations (except this power of delegation).
(3.) A power or function delegated by the Minister or the Naval Board under this regulation may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters specified in the instrument of delegation.
(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Naval Board, as the case may be.
(5.) A delegation under this regulation remains in force unless revoked by the Minister or the Naval Board, as the case may be.
Date on which determination, &c., takes effect.
6.—(1.) In this regulation, “determination, direction or approval” means a determination, direction or approval made or given by the Minister or the Naval Board under a provision of these Regulations.
(2.) A determination, direction or approval takes effect from the date on which it is made or given or, if it is expressed to take effect from another date specified in it, from that other date.
(3.) A determination, direction or approval—
(a) shall not be expressed to take effect—
(i) from a date that is before the date on which the provision of these Regulations under which it is made or given came or comes into operation; or
(ii) from a date that is more than two years before the date on which it is made or given; and
(b) shall not be expressed to take effect from a date before the date on which it was made or given in a case where, if it so took effect—
(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date it is made or given would be affected in a manner prejudicial to that person; or
(ii) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date it is made or given,
and where, in such a determination, direction or approval, provision is made in contravention of this sub-regulation, that provision is void and of no effect.
Certain determinations, &c., subject to the approval of Treasurer.
7.—(1.) Where by the provisions of the regulations specified in the First Schedule it is provided that a matter may be determined, directed or approved by the Minister or the Naval Board, the determination, direction or approval of the Minister or the Naval Board, as the case requires, is subject to the approval of the Treasurer.
(2.) For the purposes of this regulation, “the approval of the Treasurer” includes an approval by an officer authorized by the Treasurer to give or withhold such an approval.
Part II.—Pay and Allowances
Division 1.—Pay
8.—(1.) Subject to this regulation, the rate of pay of a member who is an officer is the rate of pay specified, in relation to his tank and, where specified, his pay seniority in the Second Schedule.
(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is a sailor (not being a sailor holding the rank of apprentice) is—
(a) if the member holds the rank of Able Seaman, has not less than two years’ pay seniority in that rank and has attained a standard of proficiency determined by the Naval Board for the purposes of this paragraph—the rate of pay specified in the third column of the Third Schedule; or
(b) in any other case—the rate of pay specified in the second column of that Schedule,
in relation to the rank held by the member and, where specified, the member’s pay seniority.
(3.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who holds the rank of apprentice is the rate of pay specified, in relation to the stage of his apprenticeship training, in the Fourth Schedule.
(4.) From the pay payable to a member, an amount determined by the Naval Board shall be retained as an accumulating credit in the pay account of the member.
(5.) The amount of the accumulating credit in the pay account of a member is payable to him upon the completion of his engagement or re-engagement or upon the termination of his service, whichever first occurs.
(6.) A member who was a member of the Papua and New Guinea Division immediately before the commencement of these Regulations may be paid an allowance, called “special allowance”, subject to such conditions, in accordance with such rates and for such period or periods as the Naval Board determines.
(7.) The Naval Board shall determine conditions, rates and periods for the purposes of the last preceding sub-regulation having regard to the rates of pay payable to members referred to in that sub-regulation, and to the benefits provided by the Department for such members, immediately before the commencement of these Regulations and the rates of pay payable to such members, and the benefits provided by the Department for such members, from time to time after the commencement of these Regulations.
(8.) For the purposes of the last two preceding sub-regulations, these Regulations shall be taken to come into operation on the first day of July, 1966.
Commencement and cessation of pay and allowances.
The credit to a member of pay and allowances under these Regulations—
(a) commences on the day on which he takes up duty in the Permanent Naval Forces; and
(b) ceases on the expiration of the day on which the termination of his appointment, or his discharge, as the case may be, becomes effective.
Seniority.
Seniority for the purposes of pay shall be calculated as determined by the Naval Board.
Period during which member entitled to pay when absent on account of illness or injury.
11.—(1.) Subject to this regulation, a member who has been absent from duty on account of illness or injury for a continuous period exceeding six months is not entitled to pay and allowances under these Regulations in respect of any period of the absence continuing after the expiration of that period of six months.
(2.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained whilst serving oversea is, if the Naval Board considers that he is unable to resume duty at the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Naval Board determines.
(3.) Where—
(a) a member has been absent from duty for a continuous period of six months on account of illness or injury;
(b) a claim has, within that period of six months, been made under whichever of the Acts referred to in sub-regulation (7.) of this regulation is applicable that the illness or injury is an illness or injury in respect of which that Act makes provision for the payment of compensation or pension; and
(c) the claim has not been determined under that Act within that period of six months,
the Naval Board may determine that this sub-regulation applies to the member and, in that case, the member is entitled to pay and allowances under these Regulations during any continuation of the absence that occurs after the expiration of that period of six months and before the expiration of the next succeeding six months.
(4.) A member who has been absent from duty for a continuous period of six months on account of an illness suffered or an injury sustained that is attributable to service is, if the Naval Board considers that he is unable to resume duty after the expiration of that period of six months by reason of the illness or injury, entitled to pay and allowances under these Regulations in respect of such further period of absence (if any), not exceeding six months, as the Naval Board determines.
(5.) Where—
(a) the Naval Board has made, under the last preceding sub-regulation, a determination in respect of a member;
(b) the illness or injury that is the cause of the absence from duty of the member resulted in an amputation of a part of the member’s body, or the treatment of which involved amputation, bone-grafting or skin-grafting; and
(c) the Naval Board is satisfied that further treatment of the injury or illness is necessary,
the member is entitled to pay and allowances under these Regulations in respect of such further period of the absence, not exceeding six months, as the Naval Board determines.
(6.) Where a member—
(a) has been absent from duty on account of illness or injury;
(b) has resumed duty;
(c) is, within fourteen days after resuming duty, again absent from duty on account of the same illness or injury,
the periods during which the member is so absent shall be deemed to be, for the purposes of this regulation, a continuous period of absence from duty.
(7.) For the purposes of this regulation, an illness or injury is attributable to service if—
(a) it is an illness or injury in respect of which the Commonwealth Employees’ Compensation Act 1930-1964 makes provision for the payment of compensation; or
(b) it is an illness or injury in respect of which the Repatriation Act 1920-1965 or the Repatriation (Special Overseas Service) Act 1962-1965 makes provision for the payment of a pension.
(8.) This regulation does not—
(a) entitle a member to pay and allowances; or
(b) authorize the Naval Board to make a determination under which a member becomes entitled to pay and allowances,
in respect of any period that occurs after the member attains the prescribed age of retirement or, if the Governor-General has, in the case of the member, extended the prescribed age of retirement, after the expiration of the period of the extension.
Pay and allowances when absent on account of illness or injury caused by own offence.
Where—
(a) a member has been absent from duty for a continuous period exceeding 30 days on account of illness or injury, whether or not by reason of the fact that he is in hospital; and
(b) the Naval Board determines that the illness or injury is due to the misconduct of the member,
the member shall forfeit—
(c) one-half of his pay in respect of each day, from and including the thirty-first day to and including the ninety-first day, on which he is so absent from duty; and
(d) the whole of his pay and allowances in respect of each day on which he is so absent from duty after the expiration of 91 days.
Incorrect credits and overdrawn pay account.
13.—(1.) Where an amount is incorrectly paid or credited to a member, the amount shall be deducted from the pay and allowances that are or become payable to the member under these Regulations.
(2.) Where deductions are made under the last preceding sub-regulation, or the pay account of a member in respect of pay is overdrawn, the member is entitled to draw from his pay account only such amount as the Naval Board approves until that account is in credit.
Division 2—Allowances
Higher duties allowance.
14.—(1.) Subject to such conditions as the Naval Board determines, where a member holding a rank lower than the rank for a position on the complement of a ship or Naval Establishment performs temporarily the full duties of the position, an allowance, called “higher duties allowance”, is payable to the member.
(2.) Higher duties allowance is payable at a rate ascertained in such manner as the Naval Board determines.
Diving pay.
15.—(1.) In this regulation—
“diver” means a member, other than a member who is a clearance diver, who has the qualifications determined by the Naval Board to be the qualifications required by a diver for the purposes of this regulation;
“clearance diver” means a member who has the qualifications determined for the purposes of the definition of “diver” in this regulation and also has the additional qualifications determined by the Naval Board to be the additional qualifications required by a class of clearance divers specified in the table in sub-regulation (4.) of this regulation.
(2.) Subject to such conditions as the Naval Board determines, an allowance, called “diving pay”, is payable to a diver or a clearance diver at the rate provided for in the succeeding sub-regulations of this regulation.
(3.) The rate of diving pay for a diver, including a supervisory diving officer, is Twenty cents per day.
(4.) The rate of diving pay for a clearance diver is the rate specified in the following table in relation to the class of clearance divers in which the clearance diver is included:—
Clearance Divers qualified to dive to 240 feet........................
48
Clearance Divers qualified to dive to 180 feet........................
40
Clearance Divers qualified to dive to 120 feet........................
32
Living out allowance.
16.—(1.) Subject to such conditions as the Naval Board determines, a member may be paid an allowance, called “living out allowance”, at the rate of Fifty cents per day in respect of any period during which he lives out and is not supplied with victuals or quarters at the expense of the Department.
(2.) A member shall not be taken to be living in or to be supplied with victuals or quarters at the expense of the Department for the purposes of the last preceding sub-regulation by reason only of the fact that, in circumstances specified by the Naval Board for the purposes of this sub-regulation, victuals or quarters or victuals and quarters are provided by the Department for the member, for the family of the member or for the member and his family.
Mainland allowance.
Subject to such conditions as the Naval Board determines, an allowance, called “mainland allowance”, is payable at the rate or at rates determined by the Naval Board to a member while he is in Australia for the purposes of undergoing training.
Mainland outfit allowance.
Subject to such conditions as the Naval Board determines, an allowance, called “mainland outfit allowance”, of such amount as the Naval Board determines is payable to a member who undergoes training in Australia.
Special allowance.
19.—(1.) The Minister may, having regard to the special nature of a member’s duties or posting or to any other circumstances connected with a member’s service, authorize the payment to the member of a special allowance.
(2.) A special allowance shall not be authorized by the Minister under the last preceding sub-regulation where another allowance is payable under these Regulations in respect of the member’s duties or posting or of those circumstances.
(3.) An allowance under sub-regulation (1.) of this regulation is payable at such rate, for such period, and subject to such conditions as the Minister determines.
Part III.—Travel at the Expense of the Department
Travel at departmental expense.
20.—(1.) A member who is required to travel in the performance of his duty is, subject to sub-regulation (3.) of this regulation, entitled to travel at the expense of the Department.
(2.) For the purposes of this regulation, the expense of the Department includes the expense of transporting so much of the member’s baggage as the Naval Board approves.
(3.) Where a member travels in the course of his duties, the member is not entitled to reimbursement of the cost of fares paid by him in connexion with that travelling unless he complies with conditions determined by the Naval Board.
Methods of travel.
21.—(1.) Where, under this Part—
(a) a member is entitled to travel at the expense of the Department; or
(b) the fares of a member or of a member of his family incurred in travelling to or from a place are payable by the Department,
the method of travel and the class of travel shall, subject to the next succeeding sub-regulation, be as determined by the Naval Board.
(2.) A member may, with the approval of the Naval Board be permitted to travel, by means of a vehicle of which he has the use, on an occasion on which he would be entitled to travel at the expense of the Department or the fares of the member would be payable by the Department.
Travel on termination of service.
22.—(1.) Subject to the succeeding sub-regulations of this regulation, a member may, upon the termination of his service, be transported at the expense of the Department to the place at which he resided immediately before he commenced to serve in the Papua and New Guinea Division.
(2.) A member is not entitled to be transported under the last preceding sub-regulation if—
(a) his service is terminated—
(i) at his own request after having completed less than 20 years’ continuous service;
(ii) on disciplinary grounds; or
(iii) on the ground of invalidity, being invalidity resulting from his misconduct or circumstances within his own control; or
(b) he is discharged “fraudulent entry”.
(3.) A member other than a married member eligible to be transported at the expense of the Department to a place under sub-regulation (1.) of this regulation may elect to travel to any other place in the New Guinea area,
but, on the member so electing, the Department shall bear only so much of the cost of his fare to that other place as does not exceed the cost of his fare to the first-mentioned place.
(4.) Where the Naval Board is satisfied that a married member has established or intends to establish a permanent home for his family at some place in the New Guinea area other than a place specified in sub-regulation (1.) of this regulation, he may be transported to that place at the expense of the Department.
(5.) Nothing in this regulation authorizes travel oversea at the expense of the Department.
Travel on termination of service on disciplinary grounds or for medical reasons occasioned by member’s own default.
23.—(1.) A member may, on the termination of his service on disciplinary grounds or on the ground of invalidity, being invalidity resulting from misconduct or circumstances within his own control, be transported at the expense of the Department—
(a) in the case of a married member—to the place in the New Guinea area where his family resides; or
(b) in the case of a member other than a married member—to his home in the New Guinea area.
(2.) The method of travel under this regulation shall be by the most economical means of transport available and the cost of travel borne by the Department shall include the cost of necessary meals during the journey.
Applicants for enlistment.
24.—(1.) When an applicant for appointment to, or for enlistment in, the Papua and New Guinea Division makes a journey to the place of his interview and medical examination or for the purposes of attending at the place at which he is directed to take up duty on his appointment or enlistment, the cost of his transport from his residence to that place shall, subject to such conditions as are approved by the Naval Board, be borne by the Department.
(2.) If an applicant for appointment to, or for enlistment in, the Papua and New Guinea Division is not directed to take up duty immediately after his interview and medical examination and returns to his place of residence to await further instructions from the Department, the cost of his transport from the place of interview and examination to his place of residence shall, subject to such conditions as are approved by the Naval Board, be borne by the Department.
Travel on leave.
25.—(1.) Where a member, having been granted recreation leave or compassionate leave, travels from the locality in which he is serving to another locality for the purpose of spending the period, or part of the period, of leave at his home in the last-mentioned locality, this regulation applies to that travel.
(2.) Subject to such conditions as the Naval Board determines, the fares of a member in connexion with travel to which this regulation applies shall be paid by the Department on such occasions as the Naval Board determines.
Tickets, &c., improperly used.
26.—(1.) In the event of a ticket, a warrant or another document authorizing the provision of transport at the expense of the Department under this Division being used for a purpose other than the transport of the person to or in respect of whom the ticket, warrant or other document was issued, that person is liable to pay to the Department the amount of the value of the transport.
(2.) Where, under the last preceding sub-regulation, a member is liable to pay an amount to the Department, that amount may be deducted from the pay and allowances that are or become payable to that member under these Regulations or may be recovered by suit in a court of competent jurisdiction.
Payments for use of motor vehicles not deemed hire or reward.
An allowance or other payment made by the Department to a member under these Regulations in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration within the meaning of a law relating to motor vehicles, transport or traffic, and the member shall not be required to obtain a licence or permission or to pay a fee or tax under a law by reason of the fact that he receives, or is entitled to receive, that allowance or other payment.
Damage to vehicle used for travel.
Where a member is permitted, under these Regulations, to use a vehicle in his possession, other than a Commonwealth vehicle, for the purpose of travel, nothing in these Regulations shall be deemed to impose any liability upon the Department in respect of damage to the vehicle caused by the negligence of the member.
Travelling allowance.
29.—(1.) An allowance, called “travelling allowance”, is payable to a member in such circumstances as the Naval Board determines.
(2.) Travelling allowance is payable at such rates and subject to such conditions as the Naval Board determines.
Removal.
30.—(1.) A member may be removed at the expense of the Department in such circumstances as the Naval Board determines.
(2.) The removal of a member under this regulation is subject to such conditions as the Naval Board determines.
(3.) The conditions determined by the Naval Board for the purposes of the last preceding sub-regulation may include the condition that, in specified circumstances, the member is liable to pay a part of the expenses of the removal ascertained in accordance with a specified method.
(4.) In this regulation, a reference to the expense of removing a member shall be read as including the expense of transporting the member’s family and any furniture or effects of the member or his family and of packing or unpacking that furniture and effects.
Disturbance allowance.
Where a member is removed at the expense of the Department under the last preceding regulation, an allowance, called “disturbance allowance”, is payable to the member at such rate and subject to such conditions as the Naval Board determines.
Part IV.—Leave and Furlough
Interpretation.
32.—(1.) Where a member is, by direction of the Naval Board, to be presumed to have died, the next three succeeding regulations apply as if the member were a member who has died and as if references to the time of the death of a member were read as including references to the day that is, by direction of the Naval Board, to be presumed to be the day on which the member died.
(2.) In the application of the next two succeeding regulations to and in relation to a member, the amount of the pay and allowances that would be payable to the member in respect of a period shall be taken to be an amount equal to the sum of the member’s pay, and of such allowances as the Naval Board determines, for that period calculated at the rates appropriate to the member’s rank and, where applicable, the member’s pay seniority.
(3.) In the next three succeeding regulations, references to service, in relation to a member, shall be read as references to service, whether before or after the commencement of these Regulations, in the Papua and New Guinea Division or in another part of the Defence Force and as including references to such other service as the Naval Board declares to be service for the purpose of those regulations.
(4.) Where, within the period of five years immediately preceding the grant to a member of furlough or extended leave under this Part or the payment to a member or his dependants under this Part of an amount in place of furlough or extended leave, the member has held a rank temporarily, the rate of pay of the member for the purposes of this Part shall, in such circumstances as the Naval Board determines, be taken to be the rate for the rank so held and, for that purpose, the member’s pay seniority in the rank so held shall be ascertained as determined by the Naval Board.
Furlough.
33.—(1.) Subject to the succeeding sub-regulations of this regulation, the Naval Board may grant to a member who has rendered not less than twenty years’ continuous service in the Papua and New Guinea Division, leave of absence, called “furlough”, on full pay for a period not exceeding, or for periods not exceeding in the aggregate, a period calculated at the rate of three-tenths of one month in respect of each completed year of that service.
(2.) Where, immediately before the termination of the services of a member, otherwise than by death, a period of furlough might be granted to the member under the last preceding sub-regulation if he were to continue to serve in the Papua and New Guinea Division for that period, the Naval Board may authorize payment to the member, upon the termination of his services, of an amount not exceeding the amount of the pay and allowances that would be payable to the member if he were to continue to serve in that force for that period.
(3.) Where a member has died and a period of furlough might have been granted to the member under sub-regulation (1.) of this regulation immediately before his death, the Naval Board may authorize payment to his dependants of an amount not exceeding the amount of the pay and allowances that would have been payable to the member if he had been granted that period of furlough immediately before his death, had not died and had continued to serve in the Papua and New Guinea Division for that period.
(4.) A member is not eligible to be granted a period of furlough exceeding twelve months or periods of furlough exceeding in the aggregate twelve months.
Extended leave.
34.—(1.) Where a member is to be retired on or after attaining the age for his compulsory retirement but before he has completed twenty years’ continuous service in the Papua and New Guinea Division, the Naval Board may grant him leave of absence, called “extended leave”, on full pay for a period not exceeding the period specified in the second column of the following table in relation to his period of continuous service in that force:—
First Column
Second Column
Period of continuous service
Period of leave
Not less than 16 years but less than 20 years.........................
5 months
Not less than 12 years but less than 16 years.........................
4 months
Not less than 8 years but less than 12 years..........................
3 months
Not less than 4 years but less than 8 years...........................
2 months
(2.) Where, immediately before a member is retired on or after attaining the age for compulsory retirement, a period of extended leave might be granted to the member under the last preceding sub-regulation if he were to continue to serve in the Papua and New Guinea Division for that period, the Naval Board may authorize payment to the member upon his retirement of an amount not exceeding the amount of the pay and allowances that would be payable to the member if he were to continue to serve in that force for that period.
(3.) Where—
(a) a member has died; or
(b) the services of a member are terminated on the ground of invalidity, not being invalidity resulting from his misconduct or circumstances within his own control,
after the member has completed not less than four years’ continuous service but before he has completed twenty years’ continuous service in the Papua and New Guinea Division, the Naval Board may authorize payment to the member’s dependants or to the member, as the case requires, of an amount not exceeding the amount of the pay and allowances that would have been payable to the member if he had been entitled to, and had been granted, extended leave for the period specified in the second column of the table in sub-regulation (1.) of this regulation in relation to his period of continuous service in that force and had continued to serve in that force for that period.
Continuity of service.
35.—(1.) For the purposes of the last two preceding regulations, the continuity of the service of a member shall not be deemed to be, or to have been, broken by a period or periods of absence, including a period or periods during which the member is or was not rendering service because of the termination of the member’s service, if—
(a) any period of absence does not exceed, or has not exceeded, twelve months in a continuous period; and
(b) the period of absence does not exceed, or the periods of absence do not exceed in the aggregate, one-seventh of the total number of days occurring after the commencement of the first period of his service which may be included in his period of continuous service under whichever of the last two preceding regulations is applicable,
but the period of any absence shall, for the purposes of those regulations, be deducted from the member’s period of continuous service.
(2.) For the purposes of the last preceding sub-regulation, a member shall not be deemed to break, or to have broken, the continuity of his service or to be, or to have been, absent by reason of his being—
(a) on leave of absence with pay or part pay; or
(b) on leave of absence without pay if the leave of absence is granted on account of illness or for another reason determined by the Naval Board for the purposes of this regulation.
Naval Board to have regard to official conduct record.
The Naval Board shall have regard to the official conduct record of a member when considering the grant to the member of furlough or extended leave or payment in place of furlough or extended leave in respect of the member.
Sick leave.
A member may be granted sick leave in such circumstances, and for such a period, as the Naval Board approves.
Part V.—Miscellaneous
Uniform and equipment.
38.—(1.) A member shall be issued, at the expense of the Department, with articles of uniform kit and equipment appropriate to his rank.
(2.) Where articles issued to a member under the last preceding sub-regulation are rendered unserviceable by fair wear and tear, the articles shall be replaced at the expense of the Department.
(3.) When a member is discharged, the member is entitled to retain the articles issued to him under this regulation except articles included in a class of articles that the Naval Board requires to be returned upon the discharge of a member.
Victualling.
A member may be supplied, at the expense of the Department, with victuals in such circumstances, and in accordance with such scales, as the Naval Board determines.
Rent—married quarters.
40.—(1.) Where married quarters are provided for a member, the rental shall be such amount as the Minister directs.
(2.) Where fuel is provided by the Department, or electricity, sanitation and other like services are provided by the Department or otherwise, at married quarters, the member in occupation of the quarters is liable to reimburse the Department an amount equal to the cost (if any) to the Department of the fuel or services so provided.
(3.) Without prejudice to the right of the Commonwealth to recover by other means, the amount of the rental of married quarters occupied by a member and of reimbursement under the last preceding sub-regulation may be deducted from the pay and allowances that are or become payable to him under these Regulations.
Rent—furnished married quarters.
41.—(1.) Residential furniture and equipment may be supplied to a member for use in married quarters in accordance with conditions determined by the Naval Board.
(2.) The conditions determined by the Naval Board under the last preceding sub-regulation may include a condition that the member pay to the Department a charge, at such rate as the Naval Board determines, in respect of his use of the furniture and equipment.
(3.) The Naval Board may waive payment of the charge referred to in the last preceding sub-regulation, in whole or in part, in a particular case if it considers that the circumstances justify the waiver.
(4.) Without prejudice to the right of the Commonwealth to recover an amount due to the Department in respect of the use of furniture and equipment by other means, that amount may be deducted from the pay and allowances that are, or become, payable to the member under these Regulations.
Recovery of amounts owing for rations, &c.
Subject to the approval of the Naval Board, the amount of any debt owed by a member to the Department in respect of victuals or commodities supplied to him by the Department may be deducted from the pay and allowances that are, or become, payable to him under these Regulations.
Vocational and educational training.
43.—(1.) Subject to such conditions as the Naval Board determines, where a member undertakes a vocational or educational training course approved by the Naval Board, the whole or part of the fees for the course may be paid by the Department as provided in the next succeeding sub-regulation.
(2.) The amount payable by the Department in respect of a course undertaken by a member is—
(a) if the member has completed 15 years’ continuous service—an amount equal to the fees for the course; and
(b) in any other case—an amount equal to three-quarters of the fees for the course.
(3.) In this regulation, “fees”, in relation to a course, includes all the fees, including examination fees (if any), that the body providing the course or conducting an examination in relation to the course requires a person undertaking the course to pay, but does not include the cost of books and instruments or other expenses associated with the course.
Medical and dental treatment.
44.—(1.) Subject to the succeeding sub-regulations of this regulation, medical and dental treatment of such nature and in such cases as the Naval Board approves shall, subject to such conditions as the Naval Board determines, be provided for members by or at the expense of the Commonwealth.
(2.) A member who is absent from duty on furlough or extended leave or on leave without pay is not eligible to be provided with medical or dental treatment under the last preceding sub-regulation.
(3.) Where a member has been provided with medical treatment at the expense of the Commonwealth under sub-regulation (1.) of this regulation and the Naval Board is of opinion—
(a) that the member has an enforceable claim against any person for damages in respect of the illness or injury for which the medical treatment was provided; or
(b) that, for any other reason, the expense of the medical treatment should not be paid by the Commonwealth,
the Naval Board may require the member to pay to the Department such amount, not exceeding the expense incurred by the Department in providing the treatment, as the Naval Board determines.
(4.) Without prejudice to the right of the Commonwealth to recover by other means an amount that a member has been required to pay under the last preceding sub-regulation, that amount may be deducted from the pay and allowances that are or become payable to the member under these Regulations.
Mulct.
45.—(1.) Subject to the succeeding sub-regulations of this regulation, one day’s pay, for the purpose of computing the amount of a mulct of pay, is an amount equal to the daily rate of pay payable to the offender according to his rank and pay seniority at the date of his conviction.
(2.) For the purposes of the last preceding sub-regulation, where the daily rate of pay payable to an offender is an amount that is not a multiple of Ten cents, the daily rate of pay of the offender shall be deemed to be a rate equal to the next lower amount that is a multiple of Ten cents.
(3.) The references in the last two preceding sub-regulations to daily rate of pay shall be deemed not to include references to any higher duties allowance payable in respect of the temporary performance of the duties of a higher position.
(4.) The amount of a mulct of pay shall not, after imposition of the mulct, be altered as the result of an increase or decrease in the rate of pay of the offender with retrospective effect.
(5.) Where a mulct of pay is imposed upon a sailor for the offence of absence without leave, section 119 of the Defence Act 1903-1965 does not apply to the period of absence to which the mulct of pay relates.
Deductions from pay in respect of loss or damages caused by negligence or misconduct.
46.—(1.) Subject to the succeeding sub-regulations of this regulation, where loss of money, stores or other property of the Commonwealth, or damage to any property of the Commonwealth, has occurred and the Naval Board, after due investigation, is satisfied that the loss or damage was caused, or contributed to, by the negligence or misconduct of a member, the Naval Board may order that such sum, not exceeding One hundred dollars, as is specified in the order be recovered from him, as or towards reimbursement of the Commonwealth for the loss or damage, by means of such deductions as are specified in the order, from moneys that are or become due to him by the Commonwealth in respect of his service, and the sum so directed to be recovered, less the amount of any payment made by the member on account of that sum, may be recovered by deductions accordingly.
(2.) In a case where the negligence or misconduct of the member was not the sole cause of the loss or damage, the sum specified in the order shall not exceed such amount as the Naval Board considers just and equitable, having regard to the member’s share of responsibility for the loss or damage.
(3.) The Naval Board shall not under this regulation direct the deduction from the pay and allowances payable periodically to a member during his service of an amount that exceeds one-half of his pay.
(4.) An order shall not be made under this regulation unless the member concerned has been notified that it is proposed to make such an order and of the reason for the proposal and has been given an opportunity to show any reason why the order should not be made.
(5.) An order shall not be made under this regulation if, in proceedings before a naval tribunal, the tribunal—
(a) has acquitted the member in circumstances involving a finding that he was not guilty of the misconduct or negligence in question; or
(b) has ordered him to pay any sum of money by way of compensation to the Commonwealth in respect of the loss or damage in question or for making good that loss or damage,
but, otherwise, the fact that any such proceedings have been brought in respect of that misconduct or negligence does not prevent the making of an order under this regulation.
(6.) The powers and functions conferred on the Naval Board by the preceding provisions of this regulation may be exercised and performed by an officer authorized by the Naval Board to exercise and perform those powers and functions either generally or in the particular case.
(7.) Where an order under this regulation is made by an authorized officer, the Naval Board shall, upon an application by the member concerned made within twenty-one days after the making of the order or such further period as the Naval Board allows, review the matter and may—
(a) confirm the order;
(b) cancel the order; or
(c) vary the order so that a lesser sum is recoverable by the Commonwealth from the member.
(8.) If a member is aggrieved by an order under this regulation, whether or not varied under the last preceding sub-regulation, he may, within three months after the making of the order or the decision of the Naval Board on a review, appeal to the Governor-General, who shall, after such investigation as he considers appropriate—
(a) confirm the order or the order as varied, as the case may be;
(b) cancel the order; or
(c) vary the order, or the order as previously varied, so that a lesser sum is recoverable by the Commonwealth from the member.
(9.) Where any sum is recovered from a person in accordance with this regulation in respect of any loss or damage, the liability of that person to the Commonwealth in respect of that loss or damage is reduced by that sum.
(10.) In this regulation—
(a) a reference to loss of money of the Commonwealth does not include the making of a payment by the Commonwealth by way of damages or compensation; and
(b) “naval tribunal” means a court-martial, a disciplinary court or an officer exercising power to try summarily and punish an offence against naval law.
(11.) Subject to sub-regulation (9.) of this regulation, nothing contained in, or done under, this regulation affects any right or remedy of the Commonwealth apart from this regulation.
Assignment of pay void.
Any assignment or charge, other than an assignment or charge under these Regulations, in respect of pay or allowances of a member, and every agreement to make such an assignment or charge is void.
No deductions other than those authorized.
The pay and allowances of a member shall be paid without any deduction other than such deductions as are authorized by the Act, any other Act or any regulations made under an Act.
Drawing rate when member in hospital.
A member who is sick in a Naval or Military hospital, sick bay or sick quarters is entitled to draw from his pay account only such amount as the Naval Board determines.
Payments to dependants.
Where, in these Regulations, an amount is payable to the dependants of a member or a deceased member, that amount shall be paid to, or apportioned among, the dependants as the Naval Board directs and, if a dependant is under a legal disability, may be paid to a trustee appointed by the Naval Board upon such trusts as the Naval Board approves.
Transitional.
51.—(1.) From and including the first day of July, 1966, a member is not entitled to any pay or allowances under the Naval Financial Regulations in respect of service in the Papua and New Guinea Division on or after that date but is entitled to pay and allowances under these Regulations.
(2.) Where a member is absent from duty on account of illness or injury for a continuous period commencing before the commencement of these Regulations and continuing after that commencement, regulations 11 and 12 of these Regulations apply to so much of that period as is after that commencement as if the whole of that period were a period of absence after the commencement of these Regulations.
(3.) For the purposes of the last preceding sub-regulation, a reference to a continuous period of absence from duty on account of illness or injury shall be read as including a reference to periods of absence from duty, whether before or after the commencement of these Regulations, that are, by virtue of sub-regulation (6.) of regulation 11 of these Regulations, to be deemed to be a continuous period of absence from duty.
(4.) Where a member who, immediately before the commencement of these Regulations, was performing temporarily the duties of a position but was not in receipt of higher duties allowance, continues to perform those duties after that commencement, regulation 14 of these Regulations and the first determination made by the Naval Board for the purposes of that regulation apply as if the whole of the period of performance of those duties were a period after the commencement of these Regulations.
(5.) For the purposes of this regulation, these Regulations shall be taken to come into operation on the first day of July, 1966.
THE SCHEDULES.
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FIRST SCHEDULE. Regulation 7.
Provisions to which regulation 7 applies
Sub-regulations (2.), (4.) and (6.) of regulation 8.