Air Force (Women's Services) Regulations (Cth)

Case
No judgment structure available for this case.

Text
C2004H00067

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - Incorporating all amendments by
legislation made to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 39 #DATE 28:02:1981)

*1*. The Air Force (Women's Services) Regulations (in force under the Air Force Act 1923) as shown in this reprint comprise Statutory Rules 1943 No. 69 as amended by the other Statutory Rules specified in the following table: ------------------------------------------------------------------------------ -- Year and Date of notificationDate of Application, saving number in Gazette commencement or transitional provisions ------------------------------------------------------------------------------ -- 1943 No. 69 24 Mar 1943 24 Mar 1943 1945 No. 117 26 July 1945 24 Mar 1943 - 1951 No. 18 21 Mar 1951 21 Mar 1951 - 1959 No. 101 4 Dec 1959 14 Dec 1959 R. 3(2) 1963 No. 115 1 Nov 1963 1 Nov 1963 - 1975 No. 177 9 Sept 1975 9 Sept 1975 - 1976 No. 61 6 Feb 1976 9 Feb 1976 R. 4 1980 No. 307 28 Oct 1980 28 Oct 1980 - ------------------------------------------------------------------------------ --

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART 1 - INTRODUCTORY

Regulation

1. Citation

2. (Repealed)

3. Interpretation

3A. Delegations

4. Women's Services

5. Eligibility

6. (Repealed)

7. Application of Air Force Regulations

8. (Repealed)

PART II - ROYAL AUSTRALIAN AIR FORCE NURSING SERVICE

9. Constitution

10, 11. (Repealed)

PART III - WOMEN'S ROYAL AUSTRALIAN AIR FORCE

12. Constitution

13-16. (Repealed)

PART IV - DISCIPLINE

17. Modification of the Air Force Act, &c.

18-20. (Repealed)

21. Powers of commanding officer

22. Delegation to subordinate commander

23. Extra duties

24. Power to deal summarily with charges against officers and referred cases

25. Dismissal or discharge of an offender

26. Penal deductions of pay

27. Evidence by accused

28. Guarding of members in custody

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 1.
Citation

PART I - INTRODUCTORY

1. (1) These Regulations may be cited as the Air Force (Women's Services) Regulations.*1* Sub-reg. (2) omitted by 1976 No. 61 r. 3 * * * * * * * * Regulation 2 repealed by 1976 No. 61 r. 3 * * * * * * * *

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 3.
Interpretation

Sub-reg. (1) amended by 1976 No. 61 r. 3 3. (1) In these Regulations, unless the contrary intention appears - "airwoman" does not include an officer, but includes every enlisted member of a Women's Service; "Women's Service" means one of the Services specified in regulation 4.

Amended by 1976 No. 61 r. 3 (2) Unless the contrary intention appears, words used in these Regulations shall have the same meaning as in the Air Force Act 1923-1941 and the Air Force Regulations.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 3A.
Delegations

Inserted by 1976 No. 61 r. 2 3A. (1) The Chief of the Air Staff may by writing signed by him delegate to an officer who holds a rank in the Australian Air Force above the rank of Group Captain or of Group Officer, any of his powers or functions under these Regulations, other than this power of delegation.

(2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power, or the performance of any function, by the Chief of the Air Staff.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 4.
Women's Services

Amended by 1951 No. 18 r. 2 4. There shall be the following Services, composed of women, appointed or enlisted in accordance with these Regulations, which shall form part of the Permanent Air Force: The Royal Australian Air Force Nursing Service The Women's Royal Australian Air Force.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 5.
Eligibility

Amended by 1975 No. 177; 1976 No. 61 r. 3 5. A woman shall be eligible for appointment to, or enlistment in, a Women's Service, if she has - (a) attained the age of 17 years, but has not attained the age of 40 years; and (b) passed such medical examination as is approved by the Chief of the Air Staff: Provided that a woman who has attained the age of 40 years, but has not attained the age of 55 years, may be appointed to, or enlisted in, a Women's Service, if the Chief of the Air Staff certified that she has special qualifications or that he considers that special circumstances warrant her appointment or enlistment.

Regulation 6 repealed by 1951 No. 18 * * * * * * * *

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 7.
Application of Air Force Regulations

Amended by 1951 No. 18 r. 4 7. The Air Force Regulations for the time being in force shall, subject to such modifications and adaptations as are expressly provided or necessarily implied by these Regulations, apply to and in relation to any Women's Service and the members thereof.

Regulation 8 repealed by 1963 No. 115 * * * * * * * *

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 9.
Constitution

PART II - ROYAL AUSTRALIAN AIR FORCE NURSING SERVICE

9. The Royal Australian Air Force Nursing Service shall consist of female officers appointed to and issued with commissions in that Service and shall constitute a branch of the Air Force to be known as the Nursing Branch.

Regulations 10 and 11 repealed by 1980 No. 307 * * * * * * * * Heading amended by 1951 No. 18 r. 5

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 12.
Constitution

PART III - WOMEN'S ROYAL AUSTRALIAN AIR FORCE

Amended by 1951 No. 18 r. 6 12. The Women's Royal Australian Air Force shall consist of female officers appointed to and issued with commissions in, and airwomen enlisted in, that Service, and shall constitute a branch of the Air Force to be known as the Women's Royal Australian Air Force Branch.

Regulation 13 repealed by 1980 No. 307; regulation 14 repealed by 1959 No. 101 r. 3; regulations 15 and 16 repealed by 1980 No. 307 * * * * * * * *

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 17.
Modification of the Air Force Act, & c.

PART IV - DISCIPLINE

17. The Air Force Act, the Rules of Procedure and the King's Regulations and Air Council Instructions, as applied to the Air Force, shall, in their application to and in relation to a Women's Service and the members thereof, be read and take effect subject to these Regulations and as if any provision therein rendering a member liable to trial and punishment by court martial for an offence were a provision rendering the member liable to be dealt with summarily for that offence, and as if "airman" within the meaning of that Act and those Rules, Regulations and Instructions included "airwoman".

Regulations 18-20 repealed by 1980 No. 307 * * * * * * * *

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 21.
Powers of commanding officer

Sub-reg. (1) amended by 1976 No. 61 r. 3 21. (1) Subject to these Regulations, the commanding officer of any member of a Women's Service (including an officer commanding a detachment) shall, upon an investigation being had of a charge made against her of having committed an offence under the Air Force Act, dismiss the charge, if he in his discretion thinks that it ought not to be proceeded with, but where he thinks the charge ought to be proceeded with, he shall, in the case of an officer and in any case in which he thinks that the charge ought to be the subject of proceedings in a civil court, refer the case to be dealt with by an authority mentioned in subregulation 24 (1), and in any other case he may, without reference to superior authority, deal with the case summarily.

Amended by 1951 No. 18 r. 13; 1976 No. 61 r. 3 (2) Where he deals with a case summarily, he may, if he finds the member guilty of an offence, award her any one or more of the following punishments: (i) Reduction in rank or to the ranks; (ii) Reduction in seniority; (iii) A fine not exceeding $10 or forfeiture of all salary for a period not exceeding 14 days; (iv) Except in the case of a warrant officer or non-commissioned officer, extra duties for a period not exceeding 14 days; (v) Except in the case of a warrant officer or non-commissioned officer, confinement to camp or barracks for a period not exceeding 14 days; (vi) Severe reprimand; (vii) Reprimand; (viii) Such a deduction from her salary to make good compensation, loss, damage or destruction as he might award in the case of an airman of the Permanent Air Force.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 22.
Delegation to subordinate commander

22. (1) The power of dealing summarily with a case against an airwoman may be delegated by a commanding officer to any subordinate commander under his command.

Amended by 1951 No. 18 r. 14; 1976 No. 61 r. 3 (2) A subordinate commander to whom the power to deal summarily with a case against an airwomen has been delegated may, if he finds her guilty of an offence, award her any one or more of the following punishments: (a) To a warrant officer or non-commissioned officer - (i) Severe reprimand; (ii) Reprimand.

(b) To an airwoman other than a warrant officer or a noncommissioned officer - (i) Extra duties for a period not exceeding 7 days; (ii) Confinement to camp or barracks for a period not exceeding 7 days; (iii) Severe reprimand; (iv) Reprimand.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 23.
Extra duties

23. Extra duties awarded as a punishment shall be of such a nature and performed at such times as the authority awarding the punishment orders from time to time.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 24.
Power to deal summarily with charges against officers and referred cases

Sub-reg. (1) amended by 1976 No. 61 r. 3 24. (1) Any of the authorities competent to exercise the powers conferred by section 47 of the Air Force Act shall have power to deal with a charge against an officer of a Women's Service or a charge referred under regulation 21.

Amended by 1976 No. 61 r. 3 (2) An authority having power to deal with a charge under subregulation (1) may, upon or without hearing the evidence, dismiss the charge, if he in his discretion thinks it ought not to be proceeded with, or, where he thinks a charge ought to be proceeded with and disposed of otherwise than by proceedings in a civil court, may, after hearing the evidence, or, if the accused consents thereto in writing, after reading a summary or abstract of the evidence, deal with the case summarily, and, if he finds the member guilty of an offence, award, in the case of an officer, any one or more of the following punishments: (i) Reduction in rank; (ii) Reduction in seniority; (iii) A fine not exceeding $10 or forfeiture of all salary for a period not exceeding 14 days; (iv) Severe reprimand; (v) Reprimand; (vi) Such a deduction from her salary of a sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of the offence as a court-martial might award in the case of a male officer, and, in the case of an airwoman, any one or more of the punishments specified in sub-regulation 21 (2).

(3) If the authority thinks that a charge ought to be the subject of proceedings in a civil court, he shall adjourn the case and take the necessary steps for the prosecution of the accused in a civil court.

Amended by 1976 No. 61 r. 3 (4) The Chief of the Air Staff shall have the like powers of cancelling an award made or varying or remitting a punishment or part of a punishment awarded by an authority mentioned in sub-regulation (1) as he has in the case of an award or punishment by an authority dealing summarily with a charge under section 47 of the Air Force Act.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 25.
Dismissal or discharge of an offender

Sub-reg. (1) amended by 1976 No. 61 r. 3 25. (1) An officer empowered under regulation 21 or 24 to deal summarily with a charge against a member of a Women's Service may, as to any member found by him to be guilty of an offence, in addition to or in lieu of awarding any of the punishments specified in those regulations, if he considers the offence or the circumstances in which it was committed to be of such a nature as so to warrant, recommend that she be dismissed or discharged.

Amended by 1976 No. 61 r. 3 (2) Where a recommendation that a member of a Women's Service be dismissed or discharged is made in pursuance of sub-regulation (1), an authority having powers to dismiss or discharge the member may, in lieu of giving effect to the recommendation, in addition to any punishment already awarded her by the officer making the recommendation, award her any one or more of the other punishments which that officer might have awarded her.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 26.
Penal deductions of pay

Amended by 1976 No. 61 r. 3 26. In addition to any other penal deductions which may be made from the salary of a member of a Women's Service, penal deductions shall be made of all salary for every day whilst she is in custody on a charge for an offence of which she is afterwards convicted by a civil court or on a charge of absence without leave of which she is afterwards convicted by an officer dealing summarily with the charge and of the amount of every fine or deduction awarded by an officer in disposing summarily of a charge against her.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 27.
Evidence by accused

27. When an officer authorized to deal summarily with a charge against a member of a Women's Service has adjourned the case for the purpose of having the evidence reduced to writing, an accused member who elects to give evidence, after she has been duly warned that she is not obliged to do so and that any evidence she gives will be taken down in writing and given in evidence, may be cross-examined upon the evidence she gives.

AIR FORCE (WOMEN'S SERVICES) REGULATIONS - SECT. 28.
Guarding of members in custody

28. A member of a Women's Service under close arrest and awaiting the disposal of a charge against her shall be guarded by female guards, unless female guards are unavailable.

------------------------------------------------------------------------------ -- Regulation 29 repealed by 1980 No. 307 * * * * * * * *

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0