Commonwealth Numbered Regulations

1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 11

11. (1) Notwithstanding any other provision of these Regulations, where the
period in respect of which a member is eligible for the grant of furlough
under these Regulations in respect of his relevant service would, but for this
sub-regulation, be shorter than the period in respect of which he would have
been eligible for the grant of furlough in respect of that service if these
Regulations had not been made, the furlough credit of that member in respect
of that service shall be that longer period.

(2) A grant of leave in the nature of furlough made to a member before the
commencement of these Regulations in respect of a period after the
commencement of these Regulations shall be as valid and effectual for the
purposes of these Regulations as if it had been made after the commencement of
these Regulations by the Chief of Staff.

(3) Notwithstanding sub-regulation (2), where a member is on furlough at the
commencement of these Regulations, and the amount that would, but for this
sub-regulation, be payable to the member in respect of that part of his
furlough that occurs after that commencement is less than the amount that
would have been payable to him in respect of that period if these Regulations
had not been made, the member shall be paid the greater amount in respect of
that period.

(4) Where-

   (a)  a member ceased to be a member after 31 December 1972 but before the
        commencement of these Regulations; and

   (b)  if these Regulations had been in force during that period, the
        furlough credit applicable to that member at the time he ceased to be
        a member would have exceeded the period of furlough (if any) to which
        he was entitled under the relevant Service Regulations, the Minister
        may authorize payment of an amount in respect of the excess of the
        period of furlough credit that would have been applicable to him over
        the period of furlough (if any) to which he was entitled, being an
        amount equal to the amount that the member would have received as pay
        under the relevant Service Regulations, had he been entitled, at the
        time he ceased to be a member, to a period of furlough equal to that
        part of the period of furlough credit in respect of which the amount
        is payable.

(5) The Minister may authorize payment of the amount referred to in
sub-regulation (4)-

   (a)  if the member ceased to be a member by reason of his death-

        (i)    subject to sub-regulation (6), to the dependant or dependants
               of the member;

        (ii)   if the Minister has not authorized payment under sub-paragraph
               (i)-to the legal personal representative of the member;

        (iii)  if the Minister has not authorized payment under sub-paragraph
               (i) or (ii) within 12 months after the commencement of these
               Regulations or, if he has given a direction under
               sub-regulation 7 (7), within 12 months after the date on which
               that direction was given-to the legal personal representative
               of the member;

   (b)  if the member has died after ceasing to be a member-to the legal
        personal representative of the member; or

   (c)  in any other case-to the member.

(6) Where the Minister authorizes, by virtue of sub-paragraph (5) (a) (i),
payment of an amount to 2 or more dependants of a member, he shall apportion
that amount between or among those dependants, having regard to the respective
losses suffered by those dependants as a result of the loss of earnings of the
member.

(7) In this regulation-
    " relevant Service Regulations " means-


   (a)  in the case of a former member of the Navy-Part XIII of the Naval
        Financial Regulations;

   (b)  in the case of a former member of the Army-Division VII of Part VI of
        the Australian Military Regulations; and

   (c)  in the case of a former member of the Air Force-Part VA of the Air
        Force Regulations,
as in force at the time he ceased to be a member.