Commonwealth Numbered Regulations

1983 No. 41 CADET FORCES REGULATIONS (AMENDMENT) - REG 1

After Part II of the Cadet Forces Regulations the following part is inserted:

"PART III - COMPENSATION FOR LOSS OF OR DAMAGE TO
CLOTHING OR PERSONAL EFFECTS OF MEMBERS Interpretation

"16. In this Part, a reference to the service of a member shall, in relation
to a member who is a cadet, be read as a reference to the attendance of the
member at activities of, or training provided by, the unit in which he is
enrolled. Compensation for loss of, or damage to, clothing or personal effects

"17. (1) Subject to sub-regulation (2), where -

   (a)  a member sustains loss of, or damage to, clothing or personal effects;
and

   (b)  the loss or damage is attributable to the service of the member, the
        member shall be paid in respect of the loss or damage an amount equal
        to the amount required to compensate the member fully for the loss or
        damage sustained by him.

"(2) The amount that would, but for this sub-regulation, be payable to a
member in respect of the loss of, or damage to, his clothing or personal
effects shall be reduced by the sum of -

   (a)  any amount paid or payable to the member otherwise than in
accordance with this regulation by way of damages or compensation
for that loss or damage or under a contract of insurance in respect of
that loss or damage; and

   (b)  any amount by which it is reasonable to reduce that first-mentioned
amount because the member contributed to the loss or damage by his
failure to take the precautions that he might reasonably have been
expected to have taken to avoid the loss or damage.

"(3) Where the loss of, or damage to, the clothing or personal effects of a
member -

   (a)  occurs while he is protecting or endeavouring to protect the property
of the Commonwealth from loss or damage;

   (b)  is caused by a fault or a defect in goods or other property belonging
        to
the Commonwealth; or

   (c)  results from an act of, or omission by, another member or any other
person employed by the Commonwealth, that loss or damage shall be deemed not
to be attributable to the service of the member if the clothing is, or is to
be, or the personal effects are, or are to be, replaced or repaired at the
expense of the Commonwealth.

"(4) Where the loss of, or damage to, the clothing or personal effects of a
member is sustained by the member in circumstances other than those set out in
paragraph (3) (a), (b) or (c), that loss or damage shall be deemed not to be
attributable to the service of the member where -

   (a)  the loss or damage would not have occurred if he had taken the
precautions that he might reasonably have been expected to have
taken to avoid the loss or damage;

   (b)  he could reasonably have been expected to have insured himself
against loss or damage occurring in the circumstances in which the loss
or damage occurred;

   (c)  he could reasonably be expected to take proceedings for the recovery
of an amount equal to the amount of the loss or damage sustained by
him from a person who may be liable to the member for the loss or
damage;

   (d)  he has received, or is entitled to receive, from a person liable to
        the
member for the loss or damage an amount equal to the amount of the
loss or damage;

   (e)  proceedings have been instituted by the member against a person who
may be liable to the member for the loss or damage sustained by him
and those proceedings have not been finally disposed of; or

   (f)  the clothing or personal effects are to be, or have been, replaced or
repaired at the expense of the Commonwealth.

"(5) Nothing in this regulation affects any rights a member may have to
recover damages from the Commonwealth or from any other person in respect of
the loss or damage, but if, after an amount has been paid to a member under
this regulation, the member recovers damages in respect of the loss or damage,
an amount equal to the amount paid under this regulation, or, if that amount
is greater than the amount recovered as damages, an amount equal to the amount
recovered as damages, is recoverable from the member as a debt due to the
Commonwealth.

"(6) In this regulation, 'Commonwealth' includes a body corporate (not being
an incorporated company, society or association) incorporated for a public
purpose by or under a law of the Commonwealth or of a Territory.".