Australian Military Regulations 1916 (Cth)

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STATUTORY RULES.

1916. No. 166.

REGULATIONS UNDER THE DEFENCE ACT 1903–1915.

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 Defence Act 1903–1915, to come into operation on and from the 1st October, 1916.

Dated this twenty-eighth day of July, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

PART I.—PRELIMINARY.

Short title.

1. These Regulations may be cited as the Australian Military Regulations 1916.

Repeal.

2. The Regulations for the Military Forces of the Commonwealth, and Parts I., II., III., and V. of the Universal Training Regulations, now in force, are hereby repealed, save as to any right, privilege, obligation or liability acquired, accrued or incurred thereunder.

Part.

3. These Regulations are divided into parts as follows:—

Part I.—Preliminary:

Part II.—Government of the Forces—

Division 1.—Council of Defence.

Division 2.—Military Board.

Division 3.—War Railway Council.

Division 4.—Inspector-General.

Part III.—Military Districts.

Part IV.—Precedence of Corps and Officers—

Division 1.—Precedence of Corps.

Division 2.—Command, Rank, Precedence, &c., of Officers.

Division 3.—Corresponding Ranks in Naval and Military Forces.

   

C.9801.—Price 5s.

 

Part V.—Appointment, Promotion, Exchange, Transfer, Retirement, and Resignation of Officers—

Division 1.—General.

Division 2.—Appointment to First Commissions in the Administrative and Instructional Staff, Royal Australian Artillery, Royal Australian Engineers, and Australian Survey Corps, &c.

Division 3.—Appointment of Graduates from Royal Military College.

Division 4.—Australian Army Veterinary Corps (Permanent).

Division 5.—Aviation Instructional Staff.

Division 6.—Adjutants and Quartermasters.

Division 7.—Appointments to First Commissions, Promotion, and Service in the Militia Forces.

Division 8.—Commanding Officers.

Division 9.—Aides-de-Camp to Governor-General.

Division 10.—Honorary Physicians and Honorary Surgeons to Governor-General.

Division 11.—Aides-de-Camp to State Governors.

Division 12.—Consular Representatives.

Division 13.—Militia Adjutants.

Division 14.—Officers of Intelligence Section.

Division 15.—Quartermasters.

Division 16.—Honorary Colonels-in-Chief and Honorary Colonels.

Division 17.—Duration of Appointments on Administrative and Instructional Staff.

Division 18.—Promotions—Generally.

Division 19.—Chaplains’ Department.

Division 20.—Exchange and Transfer.

Division 21.—Seconded Officers.

Division 22.—Supernumerary Regimental Officers.

Division 23.—Unattached List.

Division 24.—Reserve of Officers.

Division 25.—Retirement.

Division 26.—Unattached Reserve and Retired Officers.

Division 27.—Death or Resignation of Officers.

 

Part VI.—Warrant and Non-commissioned Officers—

Division 1.—Appointments and Promotions, Permanent Forces.

Division 2.—Appointment, Promotion, and Transfer in the Militia Forces.

Division 3.—Military Staff Clerks.

Division 4.—General Provisions—Permanent and Militia Forces.

Division 5.—Rank on Retirement.

Part VII.—Organization—

Division 1.—Militia.

Division 2.—Battalion and Training Areas.

Part VIII.—Honours and Salutes—

Division 1.—General Instructions.

Division 2.—Official Visits.

Division 3.—Guards of Honour

Division 4.—Flag Stations and Flags to be flown.

Division 5.—Saluting Stations.

Division 6.—Artillery Salutes.

Division 7.—Salutes in Boats.

Division 8.—Flags in Vessels and Boats.

Division 9.—Military Funerals.

Division 10.—Salutes at Civil Funerals and to Remains of Distinguished Foreigners.

Part IX.—Duties of Various Officers, Warrant, and non-commissioned officers—

Division 1.—District Commandants and Commanding Officers.

Division 2.—District Staff, Medical and Departmental Officers.

Division 3.—Artillery and Engineers.

Division 4.—Officers appointed to command Brigades.

Division 5.—Officers in Command of Fortresses and Defended Ports.

Division 6.—Commanding Officers.

Division 7.—Regimental Officers other than Commanding Officers.

Division 8.—Brigade and Regimental Staffs of Militia.

Division 9.—Instructional Staff with Militia Forces.

Division 10.—Militia Regimental Staff.

Division 11.—Militia Squadron, Battery and Company Staff.

Division 12.—Area Officers.

Division 13.—General.

 

Part X.—Enlistment, Transfers, Discharge, Medical Inspection, etc.—

Division 1.—Voluntary Enlistment.

Division 2.—Transfers—Militia Forces.

Division 3.—Re-engagement—Permanent Forces.

Division 4.—Discharge—Permanent Forces.

Division 5.—Discharge of Members of Militia Forces not liable to be trained under Part XII. of the Act.

Division 6.—Discharge of Members of Militia Forces liable to be trained under Part XII. of the Act.

Division 7.—Medical Examination.

Division 8.—Allotment to Arms and Corps—Militia Forces.

Division 9.—Evasion of Service.

Division 10.—Soldiers’ Accounts.

Division 11.—Soldiers’ Messing and Cooking.

Division 12.—Orderlies.

Division 13.—Married Soldiers—Permanent Forces.

Part XI.—Leave of Absence—

Division 1.—Permanent Forces.

Division 2.—Members of Militia Forces not liable to be trained under Part XII. of the Act.

Division 3.—Militia Forces liable to be trained under Part XII. of the Act.

Part XII.—Garrison and Regimental Duties—

Division 1.—Exchange of Duties.

Division 2.—Daily Duties.

Division 3.—Guards and Picquets.

Division 4.—Compliments by Guards.

Part XIII.—Discipline, Courts Martial, Military Arrest and Custody, Courts of Inquiry—

Division 1.—General.

Division 2.—Offences.

Division 3.—Arrest and Military Custody.

Division 4.—Investigation of Charges.

Division 5.—Summary and Minor Punishments.

Division 6.—Miscellaneous Provisions.

Division 7.—Drunkenness.

Division 8.—Courts Martial.

Division 9.—Framing Charges.

Division 10.—Preparation of Defence by accused Person.

Division 11.—Sentence.

 

Part XIII.—Discipline, Courts Martial, Military Arrest and Custody, Courts of Inquiry—continued.

Division 12.—Confirmation and Promulgation of Sentences.

Division 13.—Imprisonment and Detention.

Division 14.—Places of Detention and Public Prisons.

Division 15.—Management of Places of Detention.

Division 16.—Courts of Inquiry.

Division 17.—Desertion and Offences against Enlistment (Permanent Forces).

Part XIV.—Registration. Training and Efficiency—

Division 1.—Registration.

Division 2.—Places for Training.

Division 3.—Exemption from Training.

Division 4.—Disqualification.

Division 5.—Training—Militia Forces.

Division 6.—Musketry.

Division 7.—Efficiency—Militia Forces.

Division 8.—Non-efficients.

Part XV.—Correspondence, Returns, Reports, Documents, Books, and Records—

Division 1.—Correspondence and Records General).

Division 2.—Correspondence and Records (Departmental).

Division 3.—Brigade Office.

Division 4.—Reports of Casualties, &c.

Division 5.—Documents and Maps marked Secret, Confidential, or for Official use only.

Division 6.—Books and Records.

Division 7.—Record and Company Roll Book—

Militia and Senior Cadets (Section 146, Defence Act)

Part XVI.—Duties in regard to Barracks—

Division 1.—Inspection of Barracks.

Division 2.—Appropriation and Equipment.

Division 3.—Sanitation.

Division 4.—Precautions against Fire.

Division 5.—Re-appropriations, Sites for Buildings, and New Buildings.

Division 6.—Allotment of Quarters.

Division 7.—Miscellaneous Barrack and Camp Duties.

Division 8.—Messes.

Division 9.—Garrison and Regimental Institutes, Canteens, &c.

 

Part XVII.—Movements of Troops and Transport of Baggage—

Division 1.—Movements of Troops.

Division 2.—Transport of Baggage and Stores—

Camps and Manœuvres.

Part XVIII.—Departmental and Veterinary Corps—

Division 1.—Engineer and Railway Staff Corps.

Division 2.—Australian Survey Corps.

Division 3.—A.A. V.C., Horses, Forage, &c.

Division 4.—Ordnance Machinery Branch.

Division 5.—Provost Staff.

Part XIX.—Clothing, Medals, Decorations—

Division 1.—Clothing—Militia Forces.

Division 2.—Medals and Decorations.

Part XX.—Rifle Club Reserves and Rule Associations—

Division 1.—Rifle Club Reserves.

Division 2.—Rifle Associations.

Part XXI.—Senior Cadets—

Division 1.—Organisation.

Division 2.—Training.

Division 3.—Requirements for Efficiency.

Division 4.—Appointments and Promotion of Senior Cadets to be Non-commissioned Officers and Officers.

Division 5.—Officers generally.

Division 6.—Discipline.

Division 7.—Uniform and Equipment.

Division 8.—General.

Part XXII.—Miscellaneous—

Division 1.—Artillery Practice.

Division 2.—Protection against Domestic Violence.

Division 3.—Permanent Forces—Industrial Disputes.

Division 4.—Admission to National Defences.

Division 5.—Competitions—Militia Forces.

Division 6.—Reserve Forces List.

Division 7.—Use of privately-owned Land for Military Purposes and Payment of Compensation.

Division 8.—Requisitioning of Vehicles, &c.

Division 9.—Amalgamation of the New and Old Militia Forces.

Division 10.—Establishments—Militia Forces.

Division 11.—False representation of Authority.

Division 12.—Defence Contract and Supply Board.

 

4. In these Regulations, unless the contrary intention appears—

“Head-Quarters” means the office of Central Administration.

“District Head-Quarters” means the office of a District Commandant.

“Military Decoration” means any medal, clasp, good conduct badge, or decoration.

“Superior Officer” when used in relation to a soldier, includes a Warrant Officer not holding a commission, and also a Non-commissioned Officer.

“The Act” means the Defence Act 1903–15.

“Rank,’’ unless it is otherwise stated, means, in the case of an Officer, the highest rank held by him when serving, whether substantive, brevet, temporary, or honorary.

“Substantive Rank” shall include all rank except brevet, honorary, local, and temporary.

The term “conduct sheet” or “conduct book,” without the prefix “regimental,” will be understood to mean the squadron, battery, or company conduct sheet or book.

The term “company” will be understood to mean squadron, battery, or company, as the case may be, according to the nomenclature of the portion of the Defence Force to which any regulation may be applied, and includes any corresponding subdivision, such as transport and supply column.

“Permanent Forces” means soldiers who are liable to render continuous military service for a term.

“Commanding Officer,” means—

(a) Any person having military command. It must depend on the customs of the service as to who is in any given circumstances the Commanding Officer for a particular purpose. In cases where it is not expressly otherwise provided, the term “Commanding Officer” means the Officer commanding a regiment, corps, or battalion.

(b) As used in these Regulations relating to “Investigation of Charges,” “Summary or Minor Punishments” and “Courts Martial,” and in the provisions consequential thereon, means, in relation to any person, the Officer commanding any corps for purposes of discipline. For the purpose of summary award of fines for drunkenness, and punishments mentioned in Regulation 553, a squadron, battery, or company constitutes a corps, and the Officer commanding a squadron, battery, or company is a Commanding Officer.

(c) As used in these Regulations as regards the re-engagement of any voluntarily enlisted soldier under Regulation 325, a squadron, battery, or company constitutes a corps, and, the Officer commanding a squadron, battery, or company, is a Commanding Officer.

(d)In regard to granting leave of absence, the Officer commanding the staff, regiment, battalion, squadron, battery, or company, or other corresponding unit to which a member may belong is a Commanding Officer.

 

The “Equipment” means any article issued to a soldier for his use or intrusted to his care for military purposes.

“Proper military authority,” when used in relation to any power, duty, act, or matter, means such military authority as, in pursuance of the Act and Regulations, or the customs of the Service, exercises or performs that power or duty, or is concerned with that act or matter.

“Personal service” shall be held to mean the prescribed training under the provisions of section 127 of the Defence Act.

“The Militia Forces” includes all members voluntarily enlisted (other than Permanent and Volunteer Forces, and members of Rifle Clubs), and all persons who are liable to be trained under sub-section (c) and (d) of section 125 of the Defence Act.

“Imprisonment” includes detention.

Abbreviations.

5. In these Regulations the following abbreviations shall have the meanings respectively set forth:—

A.M.R.—Australian Military Regulations.

A.M.F.—Australian Military Form.

A.M.B.—Australian Military Book.

D.A.—Defence Act 1903–1915.

M.O.—Military Order, issued by the Military Board.

 

PART II.—GOVERNMENT OF THE FORCES.

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DIVISION 1.—COUNCIL OF DEFENCE.

Constitution of Council of Defence.

6. (1) The Council of Defence consists of regular members and consultative members.

(2) The regular members shall be the Minister of State for Defence (President), the Treasurer, the First and Second Members of the Naval Board, the Inspector-General of the Military Forces, the Chief of the General Staff, and the Consulting Military Engineer.

(3) The consultative members, at a meeting of the Council, are such officers of the Citizen Forces and expert advisers as are summoned by the President to that meeting.

(4) Meetings of the Council shall be convened by the President. If the President is not present at a meeting, the Treasurer, if present, shall preside.

(5) Four of the regular members mentioned in sub-regulation (1), of whom one shall be the President or the Treasurer, shall constitute a quorum. Sub-committees of the Naval and Military Members shall be constituted as required, under the presidency of the Senior Officer detailed as a member of the sub-committee.

(6) The Permanent Head of the Department of Defence shall be the Secretary to the Council.

(7) Minutes shall be kept of the proceedings of all meetings of the Council. (Section 28, D.A.)

Powers and functions of Council.

7. The Council of Defence shall inquire into, discuss, and record opinions upon matters submitted to it by the Minister affecting—

(a) The general policy of the Naval and Military Defence of the Commonwealth.

(b) Measures necessary for the defence of the Commonwealth in time of war.

(c) The total expenditure on Defence, and its distribution.

DIVISION 2.—MILITARY BOARD.

Constitution.

8. (1) The Military Board consists ofthe Minister (President), and the following members:—

The Chief of the General Staff (1st Military Member),

The Adjutant-General (2nd Military Member),

The Quartermaster-General (3rd Military Member),

The Chief of Ordnance (4th Military Member),

The Finance Member.

(2) The designation of these officers shall not thereby confer any seniority on the holders thereof.

(3) The Military Board, subject to the control of the Minister, is charged with the administration of all matters relating to the Military Forces.

 

(4) The Minister will assign their duties to the various Members of the Board. Each Member will be primarily and directly responsible to the Minister for the proper execution of the duties assigned to him.

(5) Unless otherwise directed, each Member of the Board will be responsible to the Minister for the drafting for submission of the Regulations dealing with his branch.

(6) The Members of the Board will allot the duties of their Directors.

Meetings of the Board.

9. (1) Meetings are to be convened by the President, and in his absence by the Secretary, Department of Defence.

(2) In the absence of the President the Senior Military Officer present will preside.

(3) Three members of the Board shall constitute a quorum.

(4) There will be a Secretary to the Board, who will be an officer of the Department of the Secretary, Department of Defence, and who will keep and distribute, as directed by the Minister, all agenda, minutes, and recommendations of the Military Board.

(5) The Military Board will consider and make recommendations with regard to all promotions in the Military Forces to ranks above the rank of Major as well as the appointment of Officers to be Commandants and to command Regiments and Corps.

Imperial General Staff.

10. The Chief of the General Staff is the Chief of the Australian Section of the Imperial General Staff.

Military Board Rules of Business.

11. The following Rules will govern the conduct of the business of administration:—

(a) Matters of routine are to be decided by and dealt with in the name of the responsible Member of the Military Board, who, if he thinks fit, may delegate this duty to his Directors.

(b) Questions of principle will be decided by—

(i) The Member of the Board responsible.

(ii) The Minister.

(iii) The Minister after obtaining the advice of the full Military Board in session—

according to their importance.

In the case of (iii) précis of the questions are to be prepared and laid before the Board for discussion and decision.

(c) A session of the Military Board will be convened by the Minister when necessary, and in his absence by the Secretary, Department of Defence.

Four days before a meeting each Member will submit to the Minister the agenda of the subjects proposed by him for discussion, together with his recommendation thereon.

(d) The recommendation on each subject discussed will be recorded and forwarded by the Secretary, Military Board, to the Secretary, Department of Defence, for submission to the Minister, and the recommendation before submission to the Minister shall be initialed by each Member of the Board present at the meeting, with a note signifying his concurrence or dissent.

 

(e) Copies of the decisions and recommendations of the Board will be furnished to the Minister, each Member, the Secretary, and the Inspector-General, directly after the meeting.

(f) The Secretary, Department of Defence, will arrange to circulate weekly to the above officers all agenda decisions and orders issued by the Minister, and the Members of the Board either on their own or Ministerial authority.

(g) The duties assigned to each Member shall be—

I. The Chief of the General Staff is charged with all preparation for war as follows:—

Organization for war. Training and instruction other than that allotted to the Adjutant-General. Recruit Training. Education and examination for first appointment and promotion of officers. Field operations and promulgation of operation orders. Schemes for manœuvres, including concentration. Allocation of funds for manœuvres and training. Plans of concentration for war. Preparation and maintenance of defence schemes. Military libraries. Intelligence. Drill books and manuals dealing with training and military instruction and war organization. Censorship. Musketry.

II. The Adjutant-General if charged with the enrolment, organization, and mobilization of the troops as follows:—

Registration, exemptions, medical inspection, organization, peace establishments, discipline, medical services and sanitation, distribution of units, editing and issuing orders other than operation orders and military books of regulations, editing and issuing mobilization orders, administration of all questions relating to Administrative and Instructional Staff, military clerks, personnel, education, and examination of soldiers; appointments, promotion, retirement, posting, exchange and transfer of officers; mobilization of personnel, military prisons and police and detention barracks, military and martial law, duties in aid of the civil power, casualties, discharges, desertion and fraudulent enlistment, medals, ceremonial, rifle clubs and reserves, cadets, chaplains, postal services.

III. The Quartermaster-General is charged with the equipment and maintenance of the troops as follows:—

Dress, transport, and remounts, veterinary services, movements by land and sea, conveyance of stores, railways, appropriation

 

occupation and equipment of barracks; supply of food, forage, clothing, arms and ammunition, stores and equipment; mobilization arrangements connected with the above services; administration of corps dealing with the above services.

IV. The Chief of Ordnance is charged with the questions relating to armaments, fixed defences, and engineer services, as follows:—

Arrangements for the construction and maintenance of fortifications, barracks, store buildings, and ranges; patterns, provision, inspection, and maintenance of armaments and vehicles; patents and inventions; administration of the Staff and Permanent Force connected with the above; technical instruction of artillery and engineers, including schools; promulgation of changes in war material.

V. The Finance Member will be charged with Military Finance as follows:—

Consideration and compilation of parliamentary estimates; review of proposals for new expenditure, or the redistribution of the sums allotted to the different subheads of defence votes; financial advice; Treasury requirement; claims, compensation—death or injury.

VI. Under each member of the Military Board such Directors may be appointed as required.

(h) The Members of the Board will assign in detail the duties of the Directors.

Permanent Head, Defence Dept.

12. The Secretary, Department of Defence, is the Permanent Head of the Defence Department.

DIVISION 3.—WAR RAILWAY COUNCIL.

War Railway Council.

13. (1) There shall be a President of the War Railway Council, who shall be the Quartermaster-General, or such other officer as the Minister appoints.

(2) The following officers shall be the members of the War Railway Council:—

The Senior or, other officer appointed by the Minister, of the Engineer and Railway Staff Corps of the Commonwealth railway system and of each State railway system, or, in his absence, another officer of the Corps detailed by him.

The Consulting Military Engineer.

Representatives of the Naval and Military Forces appointed by the Minister.

An officer detailed by the Military Board will act as Secretary.

 

Meetings.

14. (1) Meetings of the War Railway Council will be summoned by the President.

(2) In order to prepare subjects for submission to the Council, and to arrange for movements of troops and materials, the President may consult members individually, and, with the concurrence of the Senior Officer of the Engineer and Railway Staff Corps of the States concerned, appoint sub-committees of officers of such Corps.

Duties.

15. (1) In time of peace the duties of the War Railway Council shall be—

(a)Generally, to furnish advice on such railway matters as are referred to it by the Minister for Defence; and, in particular—

(b) To determine the method of supplying information to, and obtaining it from, the various Railway Departments.

(c) To suggest regulations and instructions for carrying out movements of troops.

(d) To suggest the method of organizing Railway Transport Officers in time of war, as intermediaries between the various railway authorities and the troops.

(e) To consider the question of extra sidings, loading platforms, &c., and proposals towards unification of gauges.

(f) To suggest the organization and system of training railway troops, when the development of universal training supplies sufficient personnel, whose ordinary employment is railway work.

(2) In time of war the duties of the War Railway Council shall be, in addition to the matters set forth in sub-regulation (1) of this Regulation, to advise on questions of mobilization.

Proceedings.

16. The proceedings of the War Railway Council shall be recorded as recommendations to the Minister, and shall not be binding on the Government concerned, until accepted by them.

Channel of communication.

17. The duties of the War Railway Council and sub-committees thereof shall be carried out by direct communication between the members of the Engineer and Railway Staff Corps and Head-Quarters or District Head-Quarters, as the case requires.

DIVISION 4.—THE INSPECTOR-GENERAL.

Inspector-General.

18. (1) The duties of the Inspector-General are to review, and to report to the Minister on the practical results of the policy of the Government as administered by the Military Board.

(2) He will make such inspections, inquiries, and reports as may be required from time to time by the Military Board, and, annually, before the 31st May, he will prepare a general report

 

for the information of the Military Board. For these purposes he is to arrange for the examination of the actual effect of the systems of classification, enrolment, enlistment, registration, and organization of the Cadets, the Permanent and Militia Forces, and their transport; for the inspection of their training and efficiency, as well as of the suitability of their arms, armament, and equipment, the condition of the fortifications and defences; and generally to investigate the state of preparedness for war of the Military Forces. (Section 9, D.A.)

PART III.—MILITARY DISTRICTS.

Military Districts.

19. (1) The undermentioned Military Districts are appointed under Section 8 of the Act:—

1st Military District.—The State of Queensland, together with that part of the State of New South Wales including the towns of Casino, Lismore, and Grafton, known as the 12th Battalion Area.

2nd Military District.—The State of New South Wales, excluding the 12th Battalion Area above mentioned, and excluding the town of Broken Hill, Torrowangee, and Silverton, and excluding those parts of the 44th Battalion Area which include the towns of Corowa, South Corowa, Mulwala, Moama, Mathoura, and Deniliquin, and together with those parts of the 57th Battalion Area in the State of Victoria, which include the towns of Wodonga, Barnawartha, Chiltern, and Tallangatta.

3rd Military District.—The State of Victoria, together with those parts of the 44th Battalion Area above mentioned, and excluding those parts of the 57th Battalion Area above mentioned.

4th Military District.—The State of South Australia, together with the towns of Broken Hill, Torrowangee, and Silverton, in New South Wales.

5th Military District.—The State of Western Australia.

6th Military District.—The State of Tasmania.

(2) The exact boundaries of the Military Districts shall be as approved by the Military Board, and shown on maps issued by District Commandants.

 

PART IV.—PRECEDENCE OF CORPS AND OFFICERS.

DIVISION 1.—PRECEDENCE OF CORPS.

Precedence of Corps.

20. (1) following is the order of precedence in the Military Forces of the Commonwealth:—

Order.

Administrative and Instructional Staff.

The Corps of Staff Cadets.

The Regiments of Light Horse.

The Royal Australian Artillery Regiment.*

Batteries of Australian Field Artillery.

Companies of Australian Garrison Artillery.

The Royal Australian Engineers.

The Australian Engineers.

The Australian Flying Corps.

The Infantry Battalions.

The Australian Army Service Corps.

The Australian Survey Corps.

The Australian Army Medical Corps.

The Australian Army Veterinary Corps.

The Australian Army Ordnance Corps.

The Reserve Forces.

The Military Cadet Corps.

(2) Different units of the same Arm take precedence in accordance with their numerical succession, except that a unit of the Permanent Forces shall always take precedence of a unit of the same Arm not forming part of the Permanent Forces, and in like manner a unit of the Militia Forces shall take precedence of a unit of the same Arm of the Volunteer Forces. Units which are not included in any numerical succession will take precedence by Military Districts and in accordance with the order given in the authorized Military Forces List.

(3) On parade or for the purposes of manœuvring, units will be distributed and drawn up in the mode which the officer in command of such parade or manœuvres may deem most convenient.

DIVISION 2.—COMMAND, RANK, PRECEDENCE, ETC., OF OFFICERS.

Command.

21. (1) An officer appointed District Commandant shall exercise command over all other officers whilst serving or stationed in such district.

(2) An officer appointed to command, or an officer appointed second in command of a regiment in the Military Forces, shall exercise command over any other officers serving

 

* The Royal Australian Artillery Regiment (if mounted), and the Batteries of Australian Field Artillery (if allotted to units of Light Horse) on ceremonial parade with their guns, to take the right, and march at the head of the Light Horse Regiments.

 

therein, irrespectively of the date of commission. All other officers doing duty with their regiments shall take regimental rank according to their dates of appointment in that rank to such regiments, whether promoted on full pay or appointed from half-pay; and all officers serving together with officers of other corps shall take rank according to the dates of their respective appointments to that rank in the Military Forces. Should two officers of the same rank have been gazetted to such rank with the same date, their precedence shall, except in the case of an officer appointed to command a regiment, battalion, or corps, be determined by the date of their previous commissions, or in the case of first commissions by the order in which their names appear in the Gazette. Provided that the Governor-General may, by Order in Council, fix the regimental seniority of any officer. (Sec. 19, D.A.)

Half-pay, ill-health.

22. If an officer be placed on half-pay on account of ill-health caused by military service, or under circumstances over which he had no control, and be subsequently brought back to full pay in the same rank and corps or department, he shall for precedence in his rank take the same numerical position as he occupied when placed on half-pay. (Sec. 23, D.A.)

Half-pay on account of wounds, &c.

23. If an officer placed on half-pay on account of wounds, or of sickness caused by active service in the field, be subsequently brought back to full pay in the same rank and corps or department, he shall, for precedence in his rank, revert to the original position in relation to the officers of his corps or department held by him when placed on half-pay, except that, should any officers have been promoted during his absence, he shall not be entitled to supersede them in the rank to which they had been promoted, nor have any right himself to promotion, until after his restoration to full pay in the corps or department, and then only in ordinary succession. (Sec. 23, D.A.)

Imperial officers.

24. Officers of His Majesty’s Imperial Regular Forces, whilst holding local commissions conferred upon them by the Governor-General, shall take rank with officers of the Military Forces according to the dates of their respective local commissions.

Exercise of command.

25. (1) The function of command is to be exercised by the senior combatant officer, except in cases where an officer has been specially appointed to the command of a body of forces or appointed to the command of a corps, irrespectively of the branch of the service to which he belongs.

(2) In the case of a District Commandant being temporarily absent from his district, or unable for temporary reasons to perform his duties, the functions of his command may be administered by the senior or other staff officer present, subject to the approval of the Military Board.

(3) In the event of the office of District Commandant becoming vacant, the senior or other staff officer in the district may be appointed by the Governor-General to temporarily administer the functions of command, pending the appointment of a successor to the District Commandant. (Sec. 9, D.A.)

 

(4) Notwithstanding the foregoing, the Inspector-General shall be entitled to assume command at any parade of the Military Forces not being a parade held in time of war.

Command of detachments.

26. When units or detachments of different corps are employed together on any duty, each unit and detachment will, subject to the orders of the officer commanding the whole body, act under the immediate authority of its own commander in matters of a purely regimental character.

Local and temporary rank.

27. (1) Subject to the fact that any officer, whether of permanent, local, or temporary rank, may, as described in Regulation 25, be specially appointed to any particular command, an officer granted local rank by the Governor-General holds the same advantages of precedence and command as permanent rank so long as the officer is holding the appointment for which it is given.

(2) Officers appointed to act temporarily in a higher rank shall take rank among themselves, while so acting, according to the dates of their temporary appointments, but as junior to all officers of the same grade having substantive rank.

(3) The rank of Brigadier-General shall be local or temporary only.

Brevet rank.

28. Brevet rank in the Military Forces does not count in calculating seniority within the regiment or corps to which the officer belongs, nor for pay or allowances, in which cases the substantive rank alone is to be considered.

Honorary rank.

29. Honorary rank shall not confer the right of any command other than that to which the holder may be entitled by reason of his substantive commission; but an officer holding honorary rank will, in virtue of such honorary rank, be entitled to such other privileges, excepting of pay, allowances, promotion, or retirement, as may belong to the corresponding substantive rank.

Departmental and other officers.

30. (1) Departmental officers shall be entitled to precedence, and, subject to the regulations for pay, &c., other advantages attached to the corresponding rank of combatant officers. Such rank or position will not, however, entitle the holder of it to the presidency of courts-martial, or to military command of any kind except over such officers and men as may be specially placed under his command, provided that an officer of the Army Ordnance Department will be the officer of, and will command, the Army Ordnance Corps.

(2) Officers of the Australian Army Medical Corps will not be entitled to the presidency of courts-martial, nor will they exercise any military command outside their corps, except over such officers and soldiers as may be attached thereto for duty, and over all patients in military hospitals.

 

DIVISION 3.—CORRESPONDING RANKS IN THE NAVAL AND MILITARY FORCES.

Corresponding Ranks.

31. The ranks set forth in the second and third columns of the following table shall correspond respectively to those ranks of the Military Forces which are set forth in the first column of the table:—

Military Forces.

Naval Forces.

Military Branch.

Other Branches.

1. Major-Generals....................

Rear-Admiral

2. Brigadier-Generals

Captains of the Fleet Commodores, 1st and 2nd Class

3. Colonels.................................

Captains over 3 years

Paymasters-in-Chief.

Engineer Captain of 8 years’ service in that rank.

4. Lieutenant-Colonels

Captains under years

Engineer Captains under 8 years’ seniority.

Secretary to a Commander-in-Chief of 5 years’ service as such.

Commanders, but junior

Staff Commanders........................

Fleet-Surgeons...............................

Secretary to Commander-in-Chief under 5 years’ service as such

Fleet Paymasters............................

Engineer Commanders and Chief Instructors of 15 years’ seniority

But

junior

5. Majors....................................

Lieutenant.............................

Commanders........................

Staff-Surgeons.

Secretaries to Junior Flag Officers, Commodores, 1st Class, or Captains of the Fleet.

Staff Paymasters.

Senior Instructors.

Engineer Lieutenants. Commanders.

Paymasters, but junior.

6. Captains.................................

Lieutenants...........................

Surgeons.

Secretaries to Commodores, 2nd Class.

Naval Instructors.

Assistant Paymasters of 4 years seniority, and Engineer Lieutenants

7. Lieutenants............................

Sub-Lieutenants..................

Assistant Paymasters under 4 years’ seniority.

Engineer Sub-Lieutenants.

8. 2nd Lieutenants....................

Chief Gunner.......................

Chief Boatswain

Chief Carpenter

9. Garrison Sergeant-Majors, Master Gunners, 1st Class

Gunners.................................

Boatswains...........................

Carpenters Paymasters’ Clerks.

But senior.

Midshipmen.........................

............................................  But junior.

Officers of the Consular Service will rank with officers of the Military Forces as follows:—

Agents and Consuls-General............................................

with, but after

Major-Generals.

Consuls-General.................................................................

„ „

Brigadier-Generals.

Consuls.................................................................................

„ „

Colonels.

Vice-Consuls.......................................................................

„ „

Majors.

Consular Agents.................................................................

„ „

Captains.

 

Corresponding rank gives no claim to command.

32. Nothing contained in these Regulations is to give a claim to any officer of the Naval Forces to assume command of the Australian Military Forces on shore, nor to any officer of the Australian Military Forces to assume command of any of the ships of the Commonwealth, or any of the officers or men thereunto belonging, unless under special authority from the Governor-General for any particular service.

PART V.—APPOINTMENT, PROMOTION, EXCHANGE, TRANSFER, RETIREMENT, AND RESIGNATION OF OFFICERS.

DIVISION 1.—GENERAL.

Date of appointments, &c.

33. Allappointments, promotions, exchanges, transfers, resignations, and retirements of Officers will be notified in the Gazette, and promulgated in Orders. Unless otherwise stated in the Gazette, these notifications will take the date of the Gazette. Any such resignation or retirement shall mean the absolute withdrawal of the individual concerned from the Military Forces, unless it be specially stated to the contrary. Commissions will take effect from the date above mentioned.

Establishment of officers.

34. Where vacancies exist in rank of Captain, owing to no Lieutenant being qualified for promotion, extra Lieutenants may be appointed, provided the total establishment is not exceeded. The same principles shall be applied in respect to higher ranks.

Certificate of fitness.

35. Every Officer of the Permanent Forces shall annually be certified fit for active service by the Medical Officer on whose charge he is, and such certificate is to reach the Central Administration not later than 30th June in each year, and every officer of the Militia Forces shall also be certified fit for active service before promotion to each rank.

Officers admitted Royal Military College.

36. An Officer admitted to the Royal Military College of Australia as a Staff Cadet will be required to resign his commission from a date prior to his attestation in the Corps of Staff Cadets.

Special appointments.

37. The Governor-General may appoint any person to be an Officer for distinguished service, or for marked ability, and for gallantry in active service, without his passing the prescribed examination.

DIVISION 2.—APPOINTMENT TO FIRST COMMISSIONS IN THE ADMINISTRATIVE AND INSTRUCTIONAL STAFF, ROYAL AUSTRALIAN ARTILLERY, ROYAL AUSTRALIAN ENGINEERS, AND AUSTRALIAN SURVEY CORPS.

38. Until 1st June, 1916, the following Regulations 39 to 49 inclusive will apply:—

Notice of vacancies.

39. (1) Notice of vacancies in the Royal Australian Artillery, Royal Australian Engineers, Australian Survey Corps, and Administrative and Instructional Staff will be given by advertisement in all the States and by notice in Military and District Orders.

 

(2) Applications of candidates, in accordance with Regulation 40, will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications, District Commandants will state their opinion of the fitness of each candidate for appointment.

(3) Candidates will be informed of the Military Board’s approval of their nomination or otherwise to undergo the examination prescribed.

Persons eligible for appointment R. A. Artillery.

40. The following persons are eligible for appointment in the Royal Australian Artillery, provided they are certified by a Medical Board to be physically qualified, and subject, to passing the prescribed examination:—

(a) Officers of the Militia Forces, provided they are between the ages of 19 and 27 years at the date of holding the examination.

(b) Warrant officers, non-commissioned officers, and men who have served for three years in the Defence Force, provided they are between the ages of 19 and 27 years at the date of holding the examination.

(c) Candidates who have served in a campaign, provided they are between the ages of 19 and 27 years at the date of holding the examination.

(d) Other candidates, provided they are between the ages of 18 and 23 years at the date of holding the examination.

Persons eligible for appointment R. A. Engineers.

41. (1) To be eligible for appointment in the Royal Australian Engineers, a candidate must be between the ages of 20 and 30 years, except in the case of first appointment to the Works Branch, and be certified by a Medical Board to be physically qualified, and must have—

(a) Served as a pupil for three years in engineering workshops, during which one year shall have been spent in the drafting office; or

(b) Served for three years as an articled pupil, or its equivalent, in a reputable civil engineering, electrical engineering, or architectural firm, or in a Government engineering or architectural office; or

(c) Completed the three years’ course for a degree of Bachelor of Engineering, or its equivalent, in any university or technical school.

(2) Notwithstanding anything contained in these Regulations, candidates who have not had the opportunity of working in the drafting office may be considered eligible on demonstrating that they are draughtsmen and accustomed to the execution and copying of technical plans and drawings.

Persons eligible for appointment A. and I. Staff.

42. The following persons are eligible for appointment to the Administrative and Instructional Staff, provided they are certified by a Medical Board as being physically qualified, and subject to passing the prescribed educational and military examinations:—

(a)Officers, warrant officers, non-commissioned officers and men of the Militia Forces, provided they are between the ages of 20 and 30 years at the date of holding the educational examination.

 

(b) Warrant and non-commissioned officers and men of the Permanent Forces who have served for two years, provided they are between the ages of 20 and 35 years at the date of holding the educational examination.

(c) Ex-members of the Imperial Regular Army and of the Permanent Forces of, Australia, provided they are between the ages of 20 and 35 years at the date of holding the educational examination.

(d) Other candidates, provided they are between the ages of 20 and 30 years at the date of holding the educational examination.

Conditions of appointment as Lieutenant in Survey Corps.

43. Subject to passing the prescribed examination, candidates who—

(a) are between the ages of 20 and 45 years;

(b) are certified by a Medical Board to be physically qualified;

(c) have had two years’ experience as a topographer in the field; and

(d) have had two years’ experience in triangulation, either in the Australian Survey Corps or in a similar corps in another part of the Empire, or as a surveyor or assistant to a surveyor,

will be eligible for appointment as Lieutenant to the Australian Survey Corps.

Examinations.

44. Should there be more candidates than vacancies, the examinations will be competitive. For the Administrative and Instructional Staff the military examination only will be competitive. The passing of the military competitive examination will, in addition to qualifying the successful candidate for appointment, be also qualifying for promotion to the rank of Lieutenant.

First appointment as 2nd Lieutenant R.A.A.

45. First appointment will be made to the rank of Second Lieutenant in the Royal Australian Artillery and Administrative and Instructional Staff, and to the rank of Lieutenant in the Royal Australian Engineers and Australian Survey Corps.

Periods of probation of successful candidates.

46. (1) Successful candidates will, in the case of the Royal Australian Artillery and Royal Australian Engineers, be appointed for eighteen months on probation, and must, during that period, pass a qualifying examination in military subjects. The passing of this examination will in addition to qualifying the candidate for confirmation of his probationary appointment, be also qualifying for the rank of Lieutenant. The appointment of any candidate who fails to pass will not be confirmed.

(2) Successful candidates will, in the case of the Administrative and Instructional Staff, be appointed for six months on probation. At the end of this period their appointments may be confirmed on the recommendation of the District Commandant.

Allotment for duty R.A.A.

47. Except under special circumstances approved by the Minister, an officer on first appointment to the Royal Australian Garrison Artillery will be posted to the District where the Company in which the vacancy exists is located, but he will be allotted for duty during his probationary period to

 

the Royal Australian Garrison Artillery in the 2nd Military District, and Sydney will be regarded as the place at which he first takes up his permanent appointment.

Subjects of the examination.

48. The subjects and scope of the examinations shall be as set out from time to time in Military or other Orders.

Officers R.A.A. and R.A.E. seconded for service on the A. and I. staff.

49. Officers of the Royal Australian Artillery and Royal Australian Engineers may be seconded or appointed for service on the Administrative and Instructional Staff.

DIVISION 3.—APPOINTMENT OF GRADUATES FROM THE ROYAL MILITARY COLLEGE.

Appointment of graduates from the Royal Military College.

50. After the 1st June, 1916, no person who is not a graduate of the Royal Military College shall be appointed an officer of the Permanent Military Forces.

Staff Cadets appointed to rank of Lieutenant.

51. (1) On graduation, Staff Cadets will be appointed to the rank of Lieutenant in the Permanent Forces. Their allotment to arms will be contingent upon the requirements existing at the time and the number qualified for appointment to technical units.

(2) The qualifications of graduates will be shown in the Gradation List of the Permanent Forces thus:—

F.A. = Field Artillery.

G.A. = Garrison Artillery.

E. = Engineers.

L.H. = Light Horse.

I. = Infantry.

Estimated number of vacancies.

52. The Adjutant-General will inform the Commandant, Royal Military College, by the 1st December in each year of the estimated number of vacancies for Lieutenants in each arm twelve months later.

Graduates to be attached to units of British and Indian Army.

53. On appointment, graduates will, subject to Parliament providing the necessary funds, be attached for a tour of duty to units of the British or Indian Army.

DIVISION 4.—AUSTRALIAN ARMY VETERINARY CORPS (PERMANENT).

Permanent Section.

54. A Permanent Section of the Australian Army Veterinary Corps may be formed of such officers and other ranks as may be appointed thereto.

Staff Officers.

55. (1) The Officers of the Australian Army Veterinary Corps (Permanent) will be appointed Staff Officers for Veterinary Services.

(2) They will carry out their duties under the orders of the Principal Veterinary Officer or Senior Veterinary Officer of the district.

(3) They will assist the Principal Veterinary Officer or Senior Veterinary Officer in his duties, and will, under his direction, carry out all veterinary duties in regard to horses on the permanent military establishment.

Vacancies in Veterinary Corps.

56. (1) Notices of vacancies in the Australian Army Veterinary Corps (Permanent) will be given by advertisement in all the States and by notice in Military and District Orders.

 

(2) Applications from candidates will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications, District Commandants will state their opinion of the fitness of each candidate for appointment. Candidates will be informed of the Military Board’s approval of their nomination or otherwise to undergo the examination prescribed.

(3) To be eligible for appointment, a candidate must be between the ages of 21 and 40 years, be certified by a Medical Board to be physically qualified, and be in possession of a degree or diploma of a University or other institution approved by the Military Board.

Examination for vacancies in Veterinary Corps.

57. (1) Should there be more candidates than vacancies, the examination will be competitive. The examination shall be of a practical character and shall have reference to the treatment of the diseases of and injuries to horses.

(2) First appointments will be made, to the rank of Lieutenant. A successful, candidate will be appointed for twelve (12) months on probation. During this period he will be required to pass a qualifying examination. The subjects and scope of the examination shall be as authorized from time to time by the Military Board.

(3) Officers of the Australian Army Veterinary Corps (Permanent) will not be permitted the right of private practice.

DIVISION 5.—AVIATION INSTRUCTIONAL STAFF.

Aviation Instructional Staff.

58. (1) An Aviation Instructional Staff, the members of which shall provide the personnel of a Central Flying School, may be established as a portion of the Instructional Staff of the Australian Military Forces.

(2) The Aviation Instructional Staff may be composed of such officers, honorary officers, and other ranks as may be laid down from time to time, and their duties shall be as prescribed by the Military Board.

(3) The appointment of Officers to the Aviation Instructional Staff shall be made to the rank of Lieutenant, provisionally, upon such conditions as may be approved by the Military Board from time to time.

(4) Officers shall be required to pass a qualifying examination for confirmation of their provisional appointments within eighteen months.

(5) The syllabus of the qualifying examination shall be as approved by the Military Board.

DIVISION 6.—ADJUTANTS AND QUARTERMASTERS.

Appointments of Adjutants and Quartermasters.

59. (1) As a temporary measure, appointments as Adjutants and Quartermasters to the various arms of the Militia Forces may be granted to selected Warrant and Non-Commissioned Officers of the Instructional Staff.

(2) Such Warrant and Non-Commissioned Officers will be discharged from the Instructional Staff (W. and N.C.O.’s), and will be appointed temporarily and for a specified period to the Administrative and Instructional Staff (Officers) supernumerary to the Establishment thereof.

 

DIVISION 7.—APPOINTMENT TO FIRST COMMISSIONS, PROMOTION, AND SERVICE IN THE MILITIA FORCES.

First appointment.

60. First appointments will, as a rule, be made to the rank of Lieutenant (but to rank of Captain in the case of the Australian Army Medical Corps and of the Australian Army Veterinary Corps).

Appointments to maintain establishments.

61. Sufficient Lieutenants may be appointed annually to maintain the total number of officers required by the authorized War Establishment of each unit.

Method of promotion.

62. Promotion to the rank of Lieutenant in any unit will be made from the most successful candidates at competitive examinations for promotion. All Warrant and Non-Commissioned Officers of and above the rank of Sergeant, but including Lance-Sergeant of the unit, and Officers of Senior Cadets in the Brigade area who are eligible under Section 62 (7) of the Act, shall be eligible to compete for promotion to rank of Lieutenant.

Examinations.

63. (1) Examinations of Officers for promotion will be held, as a rule, annually, and in the latter portion of the military year.

(2) Examinations shall be competitive as well as qualifying.

(3) Successful candidates receiving an equality of marks will be appointed in the order of seniority they held at the time of the examination.

(4) Candidates who qualify, but for whom vacancies do not exist, shall be eligible for appointment, in the order in which they pass the examination, to any vacancy that may occur until the date of holding the next annual examination.

(5) The Syllabus of Examination and Instructions to Boards of Examination will be as authorized in Military Orders.

Examinations, practical and oral.

64. (1) Examinations for the rank of Lieutenant and Captain shall be practical, and, as far as possible, oral. The only written work to be demanded of candidates shall be such as they have to carry out in the duties of the rank for which they are being tested.

(2) For the ranks of Major and higher, two-thirds of the marks at least shall be allotted to practical tests in work, such as would have to be performed in war.

Officers of Senior Grade eligible.

65. (1) Officers of the Senior Grade only, in the ranks of Lieutenant and Captain, shall be eligible to compete for promotion to the next higher rank.

(2) For purposes of this Regulation, officers in their respective ranks shall be graded as follows:—

Lieutenants

Senior Grade—Those having over 1½ years’ service as Lieutenants.

Junior Grade—Those having less than 1½ years’ commissioned service.

Captains

Senior Grade—Those having over 1½ years’ service as Captains.

Junior Grade—Those having less than 1½ years’ service as Captains.

 

Priority in promotion.

66. When it is found, at the conclusion of an examination of Officers for promotion, that more candidates have qualified than there are vacancies to be filled in the next higher rank in a unit, those Officers who secure the highest aggregate of marks are entitled to priority in promotion.

Conditions do not apply to A.M.C. or A.V.C.

67. The conditions of appointment and promotion prescribed by Regulations 60–66 shall not at any time apply to Officers of the Australian Army Medical Corps or of the Australian Army Veterinary Corps. (Sees. 11a, 14, 15, D.A.)

Officers holding provisional rank.

68. (1) Officers holding provisional rank at the date upon which these Regulations come into force shall continue to hold such provisional rank, but shall be required to pass a qualifying examination within eighteen months from the date of such provisional appointment.

(2) In time of war, and in accordance with the second proviso of Section 11a of the Act, when it is found impracticable to carry out the system of promotion by competitive examination, persons may be appointed and promoted provisionally as Officers, but shall be required to pass a qualifying examination within eighteen months of such provisional appointment or promotion.

Provided that in time of war such Officers may continue to hold their provisional appointments for such further time (not exceeding a period of eighteen months beyond the termination of the war) as may be approved by the Military Board. (Sees. 11a, 14, 15, D.A.)

Retirement of officers failing to qualify.

69. Officers who fail to qualify as set out in preceding Regulation shall be recommended by District Commandants to be retired, having failed to qualify.

Seniority lists.

70. In each of the following units, that is to say—

A Regiment of Light Horse,

The Field Artillery in a Military District,

The Garrison Artillery of a Fortress or Defended Port,

Each branch of the Engineers in any Military District,

The Flying Corps in any Military District,

A Battalion of Infantry,

The Army Service Corps in any Military District,

The Army Medical Corps in any Military District,

Each Departmental Corps in any Military’ District,

there shall be kept a seniority list of all the Officers of the unit, and vacancies for promotion will be filled by those within the unit if qualified, but in the case of Squadrons, Companies, or other similar parts of a unit which are detached at some distance from the rest of their Regiment or Corps, promotion to the rank of Lieutenant, Captain, and Major will be limited to vacancies in the Squadron, Company, or other similar part of a unit.

Seniority determined by examination.

71. The seniority to be given to an officer on promotion shall be determined by his order of merit in the examination for promotion to that rank.

Maximum terms of service.

72. (1) The maximum terms during which officers will be permitted to serve in units of the Militia Forces shall be as follows:—

In the rank of Lieutenant..............................................................

8 years.

Up to the rank of Captain.............................................................

12 years.

Up to the rank of Major................................................................

15 years.

Up to the rank of Lieutenant-Colonel............................................

20 years.

 

Provided that, on the recommendation of a District Commandant, an officer may at any time be transferred to the Unattached List or to the Reserve of Officers, if considered necessary in the interests of the service.

(2) In the event of there being no officer in a unit qualified to fill a vacancy in the rank of Lieutenant-Colonel the term for that rank may be extended for a further period not exceeding two years.

(3) Officers who have completed the maximum term of service in their respective ranks as above specified, and are not then promoted in their unit, shall be transferred to the Unattached List.

(4) The limitations in this regulation may be waived, on the recommendation of the District Commandant.

(5) The period during which any officer on the active list of the Militia Forces has held the rank of Second Lieutenant will be counted as service as Lieutenant for the purposes of this Regulation.

Officers Unattached List. Duty for.

73. Officers on the Unattached List who are liable to be trained under the provisions of Part XII. of the Act may be posted to Reserve Units or to the Senior Cadets, and may be required to attend annually a period of Continuous Training, School of Instruction, Staff Tour, Muster Parade, or other duty, provided that the total duration of such attendances in any one year shall not exceed the number of days of training specified for the arm of the Service to which they belong.

Transfers from Unattached List.

74. Officers may be transferred from the Unattached List to units of the Active Forces in special cases, recommended by a District Commandant.

Transfers to Reserve on completion of service.

75. Officers may be transferred to the Reserve of Officers on completion of their term of service in the Active Forces.

Officers required to serve for twelve years.

76. (1) Officers who are liable to training under Part XII. of the Act, are required to serve as such for a period of twelve years, in order that it may count as such service, except as prescribed in these Regulations. In no case can an officer be relieved of further liability to training unless he has served as such for the full period required of him if he had served in the ranks. (Sec. 17 (2) D.A.).

(2) In other cases, where exceptional hardship would otherwise be caused, an officer may be allowed to count less than twelve years’ service as a compliance with the Act, subject to the special approval of the Military Board.

Applications for first commissions.

77. (1) All recommendations for appointments and promotions will be forwarded by Commanding Officers to the District Commandant, on the authorized form.

(2) When the candidate has previously held a commission, a certificate from his last Commanding Officer will be forwarded as to whether his services were satisfactory, and whether his retirement or resignation arose from any matter affecting his character or efficiency. A candidate may be appointed provisionally, pending the production of the aforesaid certificate. When the candidate has previously served in the ranks of the Naval or Military Forces, his discharge certificate will accompany the recommendation.

 

DIVISION 8.—COMMANDING OFFICERS.

Period of command.

78. Officers appointed to command regiments or corps or larger units may hold such appointments, subject to the provisions for retirement on account of age, for a term of five years; but the Governor-General may extend such term for a further period, subject in either case to the provisions, of Regulation 152.

This Regulation shall not apply to Commanding Officers of squadrons, batteries, companies, or other similar units.

DIVISION 9.—AIDES-DE-CAMP TO THE GOVERNOR-GENERAL.

Number.

79. Officers, not exceeding twelve in number, may be appointed as Aides-de-Camp to the Governor-General for gallantry and distinguished service in the field or for meritorious service in the interests of the Commonwealth.

Eligibility.

80. Officers eligible for the above distinction must, during their tenure of office, be on the Active List or the Reserve of Officers, and not below the rank of Major, provided, however, that any officer who held an appointment on or before the 3rd July, 1912, or who for any reason had not yet completed the term of five years in this appointment on the 3rd July, 1912, and is affected thereby, will be permitted to complete the tenure of such appointment.

Tenure.

81. The appointment will be for five years. In exceptional circumstances Officers may be re-appointed for an additional term of two years.

Aiguillette.

82. Aides-de-Camp to the Governor-General will wear, on the right shoulder, when on duty, a special gold cord aiguillette of a somewhat similar design to that worn by Aides-de-Camp to the Sovereign.

Without pay.

83. These appointments will not entitle the officer to any pay or allowances.

DIVISION 10.—HONORARY PHYSICIANS AND HONORARY SURGEONS TO THE GOVERNOR-GENERAL.

Number.

84. Officers of the Australian Army Medical Corps, not exceeding two in number, may be appointed as Honorary Physician and Honorary Surgeon respectively to the Governor-General for distinguished service in the field, or for meritorious service in the interests of the Commonwealth.

Regulations as for A.D.C.

85. Regulations applying to the appointment, duties, &c., of Aides-de-Camp to the Governor-General will apply to Honorary Physicians and Honorary Surgeons.

Without pay

86. These appointments will not entitle the officer to any pay or allowances.

DIVISION 11.—AIDES-DE-CAMP TO STATE GOVERNORS.

Number.

87. The Governor-General may approve of any officers of the Militia Forces, and not exceeding two in number, accepting appointment as Aides-de-Camp on the Personal Staff of a Governor of a State.

 

Rank. Not to be seconded.

88. Aides-de-Camp are not to be of higher rank than Lieutenant-Colonel. Officers of the Militia Forces will not be placed on the Supernumerary List of their Regiments, but when doing duty on the Personal Staff of the Governor of a State will be shown as “On Command” upon the occasions when they may be prevented from carrying out their usual military duties.

Aiguillette.

89. Aides-de-Camp will be permitted to wear, on the right shoulder, an aiguillette when on duty similar to that allowed for Personal Aides-de-Camp under Dress Regulations.

Without pay.

90. These appointments will not entitle officers to any pay or allowances.

DIVISION 12.—CONSULAR REPRESENTATIVES.

Appointment to Consular service.

91. (1) Militia Officers will not accept positions in the Consular Service of foreign countries without the approval of the Military Board.

(2) Members of the Permanent Forces are not under any circumstances to hold such a position.

DIVISION 13.—MILITIA ADJUTANTS.

Appointment of Militia Adjutants.

92. (1) An officer of the rank of Captain or Lieutenant may be provisionally appointed as a Militia Adjutant on the recommendation of the Commanding Officer and District Commandant—

(2) A Captain, or Lieutenant, who has passed for promotion to the rank of Captain, appointed Adjutant, may be confirmed in such appointment after a period of six months on the certificate of the Commanding Officer and District Commandant, that he has satisfactorily carried out the duties of his appointment.

(3) A Lieutenant provisionally appointed Adjutant, who has not qualified for promotion, will be required to so qualify within a period of twelve months of such appointment, and may then be confirmed in the manner prescribed in sub-regulation (2) of this Regulation.

Duration of appointment of Adjutants.

93. (1) The appointment of Adjutant shall not exceed a period of three years, but in special cases the appointment may be extended for a period not exceeding two years.

(2) An officer will not be permitted to retain the appointment of Adjutant for a longer period than twelve months after promotion to Field rank.

DIVISION 14.—INTELLIGENCE SECTION.

Intelligence Section, General Staff.

94. (1) Officers who show aptitude or possess special qualifications for intelligence work will be selected by District Commandants from the several arms and departments, and nominated for attachment to the Intelligence Sections of the General Staff in Military Districts within the limits of the establishment provided for respective Districts from time to time. The Adjutant-General will take the advice of the Chief of the General Staff before submitting to the Military Board the names of candidates for attachment to the Intelligence Section of the General Staff.

 

(2) An officer seconded from his unit for attachment to, or transferred from the Unattached List for service with, the Intelligence Section of the General Staff will be posted to the Intelligence Section with his Commonwealth Military Forces rank and seniority.

(3) An Officer will serve with the Intelligence Section for a maximum period of two years, unless the Chief of the General Staff recommends that the period of service be prolonged for a further period of two years. After an officer has returned to duty with his unit for a period of at least one year he may again be attached to the Intelligence Section for a maximum period of two years only.

(4) On promotion he will be given the option of returning to his unit or remaining with the Intelligence Section.

(5)When the command of a unit becomes vacant and the next senior officer is serving with the Intelligence Section, he will, as a rule, return to his unit to take command. If he elects to remain with the Intelligence Section, he will thereupon relinquish any claim to appointment to fill that vacancy in the command of his unit, and on the completion of his term with the Intelligence Section he may be transferred to the Unattached List.

(6) An officer whose services in the Intelligence Section are no longer required or who does not satisfactorily perform his duties in the Section will be returned to duty with his unit as a supernumerary pending absorption, or may be transferred to the Unattached List.

DIVISION 15.—QUARTERMASTERS.

Appointment of Quartermasters.

95. Recommendations for appointment as Quartermaster will be forwarded by Commanding Officers to District Commandants, accompanied by the documents specified in Regulation 77.

Age on appointment.

96. Candidates promoted from the ranks are eligible for appointment as Quartermaster up to the age of 50.

Honorary rank for Quartermasters.

97. Quartermasters not liable for service under Part XII. of the Act after five years’ service as Lieutenants or Honorary Lieutenants, may be granted the honorary rank of Captain, and after ten years of commissioned service, during which period they have held the rank of Captain or Honorary Captain for five years, may be promoted to the honorary rank of Major.

Substantive rank.

98. In the case of an officer holding substantive rank being appointed as Quartermaster, he will continue to hold such rank.

DIVISION 16—HONORARY COLONELS-IN-CHIEF AND HONORARY COLONELS.

Conditions of appointment.

99. An Honorary Colonel-in-Chief may be appointed to the Australian Light Horse, the Australian Artillery, the Corps of Australian Engineers, and the Australian Infantry, and an Honorary Colonel may be appointed to any Regiment or Corps of the Military Forces, subject to the following conditions:—

(a) The appointment to be purely honorary, and to confer no right of command.

(b) No expense to the public to be entailed by such appointment.

 

Tenure of appointment.

100. Honorary Colonels shall not be subject to the provisions for compulsory retirement on account of age, but may continue to hold their appointments during the pleasure of the Governor-General.

For whom reserved.

101. The above honorary positions are reserved for Officers and others who have rendered valuable, distinguished, or gallant service to Australia in a military or other public capacity. Appointments will not be tendered to any person without permission of the Military Board.

DIVISION 17.—DURATION OF APPOINTMENTS ON THE ADMINISTRATIVE AND INSTRUCTIONAL STAFF.

Duration of appointments on A. and I. Staff.

102. (1) No Officer, unless re-appointed, shall hold the position of Inspector-General or a position on the Staff of the Inspector-General for a longer period than four years.

(2) No Officer of the Permanent Forces, unless re-appointed, shall hold the same position on the Head-Quarters Staff, a District Head-Quarters Staff, or the Staff of the Royal Military College of Australia, or a Military School, for a longer period than four years.

(3) This regulation shall also apply to Officers holding positions as above, as if it had been made to come into force from the date of their appointments to such positions.

DIVISION 18.—PROMOTIONS—GENERALLY.

Special promotion.

103. The Governor-General may promote an Officer for distinguished service, or for marked ability and gallantry in active service, without his passing the prescribed examination. (Sec. 22, D.A.)

Graduates, Staff College.

104. Officers who are Staff College graduates will be exempt from all examinations for promotion to the ranks of Captain and Major, and from Part I. of the prescribed examination for promotion to the rank of Lieutenant-Colonel.

Qualifying examination.

105. Officer below the rank of Lieutenant-Colonel, except as provided in Regulation 103, shall be promoted unless he has previously passed the prescribed examination for promotion to a higher rank. (Sec. 21 (1), D.A.)

Necessary to pass School of Instruction.

106. (1) No officer will be promoted except probationally to any rank higher than that of Captain until he has passed in accordance with section 21 (1) of the Defence Act one of the Schools of Instruction, as prescribed by Regulation 107.

(2) No Officer will be promoted to any rank higher than that of Major until he has passed in accordance with section 21 (a)(2) of the Defence Act a School of Instruction, as prescribed by Regulation 107.

Provided, however, that in time of war, if the Chief of the General Staff certifies to the Minister that it is impracticable to conduct such courses of instruction as are referred to in this Regulation, an Officer of the Military Forces may, upon the recommendation-of his Commanding Officer, be promoted without having passed those courses.

 

Schools of Instruction prescribed under Section 21a (1); (2), of the Defence Act 1903–1915.

21 A (1) (i). Duties in the Field.

Schools of Instruction.

107. For Captains of Light Horse, Field and Garrison Artillery, Field Engineers, Infantry, Signal Units, and Army Service Corps.

Period of six working days—Minimum, 43 hours.

Synopsis of Work.

Field Sketching—

The solution of simple tactical problems, both indoors and in the field, special attention being paid to the work required in the field of the various arms to which officers under instruction belong.

No examination will be held at these Schools, certificates being awarded on the whole of the officer’s work during the School.

21 A (1) (ii). Coast Defence.

For Captains of the Royal Australian Garrison Artillery and Fortress, Electric and Submining Companies Engineers.

Period of six working days.

Synopsis of Work.

The work of each arm in connexion with the approved scheme of defence for the defended port concerned:—

Principles of Coast Defence.

Employment of Coast Defence Artillery, Electric Light, and Submarine Mines.

Organization of a Battery Command.

Manning and Sighting a Fire Command.

Identification of Ships.

Landward Defences for Forts, &c.

Tactical Schemes in connexion with the defence of the Fortress Area, &c.

No examination will be held at these Schools, certificates being awarded on the whole of the officer’s work during the School.

21 A (2). Tactical Fitness to Command.

For Majors of all arms (except Medical, Veterinary, Ordnance, and Departmental Services)

Period of four working days.

Synopsis of Work.

(i) A Staff Tour, during which an officer should not be placed in command of a larger Force than a Brigade of Infantry with a Brigade of Field Artillery and a Light Horse Regiment with a proportion of Engineers, Army Service Corps, &c.;

Or,

(ii) Tactical problems, both indoor and outdoor, in accordance with the Syllabus of Examination for Promotion to the rank of Lieut.-Colonel.

Exemptions will be granted to officers who are Staff College graduates, and to officers of the Royal Australian Garrison Artillery holding First Class School of Gunnery Staff Course

 

Certificates, either from Shoeburyness or the Commonwealth School of Gunnery, if obtained within five years of date of School.

Schools of Instruction not required for certain services.

108. Regulation 106 shall not apply to Officers of the Medical, Veterinary, Ordnance, and other departmental services.

Service requisite before promotion to Captain.

109. An Officer appointed to the Permanent Forces subsequent to the 1st September, 1913, shall not be promoted to the rank of Captain, except under very special circumstances, unless he has served for a period of not less than four years in the rank of Lieutenant or Second Lieutenant in the Permanent Forces.

Subjects of examinations.

110. The subjects and scope of the examinations shall be as authorized from time to time by the Military Board. (Section 21, D.A.)

Exemption from riding test.

111. Officers who have “passed” a School of Military Equitation will be exempt from the test in riding.

Recommendations for promotion.

112. Recommendations for promotion are to be submitted to the Military Board in the same manner as appointments.

Promotion and appointment by selection.

113. (1) In the Permanent Forces promotion up to the rank of Captain will usually be made according to seniority, and to higher grades by selection, subject, in all cases, to the passing of such examinations as may from time to time be laid down.

(2) Provided that when recommending a promotion by which an Officer will be superseded, the Officer submitting such recommendation will state the circumstances which have induced him to make his recommendation, and also that the Officer to be superseded has been informed.

(3) Specially meritorious service on the General or Administrative Staff may, on the recommendation of the Military Board, be recognised by accelerated promotion. The accelerated promotion will usually be granted in the form of a brevet up to the rank of Lieutenant-Colonel, and above that rank by selection for the substantive rank of Colonel.

Seniority List.

114. For the purposes of Regulation 113 all Officers appointed to the Permanent Forces (Combatant Arms) after the 1st March, 1913, will be borne on one Seniority List, according to the dates and ranks of their appointments to or promotion in the Permanent Forces.

Promotion not a right.

115. Officer is entitled to claim promotion as a right.

DIVISION 19.—CHAPLAIN’S DEPARTMENT.

Establishment of Chaplains.

116. An establishment of Chaplains will be laid down, and published in Military Orders as may be necessary.

Constitution of Chaplains’ Department.

117. The Chaplains’ Department will consist of Chaplains serving on the—

(a) Authorized establishment,

(b) Unattached List.

Who may be a Chaplain.

118. A clergyman of any recognised religious body may be appointed a Chaplain.

Nomination for appointment.

119. Nominations may be received for appointment as Chaplains from clergymen of any recognised denomination, and will be sent through the Senior Chaplain of the denomination to the Commandant, and will be forwarded by him to the Chaplain-General of the denomination concerned, for transmission to the Military Board.

In other cases nominations will be sent by the head of the denomination, or the recognised governing body, direct to the Commandant, for submission to the Military Board.

Classes of Chaplains.

120. Chaplains will be divided into four classes, viz.:—

4th Class, with relative rank of Captain.

3rd Class, with relative rank of Major.

2nd Class, with relative rank of Lt.-Colonel.

1st Class, with relative rank of Colonel

Chaplains-General.

121. (1) Four Chaplains-General will be appointed, one for each of the following denominations:—

Anglican,

Roman Catholic,

Presbyterian,

Methodist,

(2) A Chaplain-General will be the head of the denomination concerned, or a clergyman recommended by the recognised governing or consultative body of such denomination.

122. (1) A Senior Chaplain for each of the following denominations may be appointed in each Military District to administer the Chaplains of his own denomination in the District:—

Anglican,

Roman Catholic,

Presbyterian,

Methodist.

(2) Senior Chaplains for other denominations may be appointed on the recommendation of the Military Board, subject to provision being made for their appointments on the authorized establishment.

(3) A Senior Chaplain shall either be—

(a) the head of the denomination in the Military District; or

(b) such other clergyman as he or the recognised denominational governing or consultative body may recommend.

(4) On the termination of his appointment, a Senior Chaplain may be absorbed in the first vacancy on the authorized establishment, with his classification governed by his length of service, or, if there be no vacancy on the authorized establishment, he may be transferred to the Unattached List pending a vacancy.

Promotion governed by length of service.

123. Promotions of Chaplains will be governed by length of service, as follows:—

(a) to the 3rd Class, after ten years’ service as Chaplain;

(b) to the 2nd Class, after fifteen years’ service as Chaplain, including five years in the 3rd Class;

(c) to the 1st Class, after twenty years’ service as Chaplain, five of which must have been in the 2nd Class.

Provided that a clergyman appointed Chaplain-General may be appointed a 1st Class Chaplain without having previously served as a Chaplain.

A Clergyman or a Chaplain with less than 20 years’ qualifying service, appointed Senior Chaplain, may be granted the temporary classification of 1st Class Chaplain whilst holding such appointment.

C.9801.—B

 

Transfers of Chaplains.

124. Transfers of Chaplains from one Military District to another will receive the sanction of the Senior Chaplains of the Military Districts concerned, or, in the case of other denominations, the head of the denomination or governing body in each of the Military Districts.

Change of address.

125. A Chaplain leaving the Military District in which he is resident, or changing his address, will at once notify the Senior Chaplain of his denomination, who will report the same to the Commandant, who will take any necessary action.

Cancellation of appointment.

126. (1) On intimation being received by the Military Board from the head of a denomination that a Chaplain has ceased to be in the service of the denomination, or is considered to be unsuitable to carry out the duties of a Chaplain, his appointment will be cancelled.

(2) A Chaplain on the establishment who has not performed any duty for two years in succession will be retired, provided that in special cases this provision may be relaxed on the recommendation of the Senior Chaplain of his denomination and the Commandant.

(3) In the event of a Chaplain on the establishment retiring, the fact shall be notified by the Senior Chaplain of the denomination concerned to the Commandant, and a new nomination will be submitted to fill the vacancy.

(4) The appointment of a Chaplain who ceases to reside in Australia will be terminated.

Unattached List of Chaplains.

127. (1) An Unattached List shall be formed, to which Chaplains who have served for not less than one year on the authorized establishment of Chaplains shall be transferred when they are temporarily unable to serve on the authorized establishment, or when they are, for any reason whatever, unable to discharge the more active duties entailed by service as Chaplains.

Register of visitors to be kept.

1289. (1) In each work or establishment which, in the opinion of the District Commandant, is of sufficient importance to require special safeguarding from observation, a register will be kept in which visitors holding special, district, or visitors passes will be required to sign their names on entering. The custodian of the register is to note in it against the signature of the person admitted the following particulars:—

(a) Date of the visit.

(b) Description of pass and date for which it is available.

(c) Name of the officer issuing the pass and date of issue.

(2) As soon as the particulars have been recorded in the case of a visitors pass (yellow) the pass itself is to be destroyed by the custodian, who will tear it into small pieces and note in the register that he has done so.

Registers to be inspected, &c.

1290. The registers refered to in Regulation 1289 will be inspected by the District Commandant periodically.

DIVISION 5.—COMPETITIONS, MILITIA FORCES.

Military competitions.

1291. Military competitions as prescribed by the Military Board may be conducted with the object of encouraging voluntary effort in the attainment of a higher standard of training in the several arms of the Militia Forces.

 

DIVISION 6.—RESERVE FORCES LIST.

Reserve Forces List.

1292. Those who have served as warrant or non-commissioned officers, or soldiers, in the Military Forces of Australia for a period of not less than two years, or on active service with Imperial troops, may be enrolled in the Reserve Forces of Australia; and a Reserve Forces List of such members shall be formed in each Military District.

Enrolment.

1293. Applicants for enrolment shall furnish such particulars of service as may be required by the Military Board, and take the oath prescribed by section 42 of the Act.

Resignation.

1294. Members of the said Reserve Forces may resign at any time in accordance with section 41 of the Act, and may be discharged and their names removed from the said List if they fail to register their addresses annually as required by the Military Board.

Employment on active service.

1295. The members of the said Reserve Forces shall in time of war be liable to be called out, individually or collectively, under section 47 of the Act, and employed on active service, notwithstanding that they belong to the classes 2, 3, or 4, enumerated in section 60 (3) of the Act, and may be detailed for duty with any regiment or corps then existing, or formed into new regiments or corps.

DIVISION 7.—USE OF PRIVATELY OWNED LAND FOR MILITARY PURPOSES AND PAYMENT OF COMPENSATION.

Provisions of Act.

1296. Section 69 of the Act prescribes that—

“The Governor-General may give a general or particular authority to the Defence Forces, or any part thereof, to enter upon, and use any lands for training manœuvres, or other naval or military exercises or purposes, and compensation shall be made, in the manner prescribed, for any damage or loss sustained by the owner or occupier of the lands, by reason of such entry or use.”

Policy of Defence Department.

Policy of Defence Department.

1297. The Military Board relies on the co-operation of all ranks to assist in making the Defence Forces popular with the inhabitants, and to minimize the liability for compensation for damage. While it is desired that full advantage should be taken of the section of the Act above quoted, tactful measures should be adopted to conciliate owners, so that whatever areas are required may be proclaimed. Conciliation should be effected by sending an Officer to interview owners, prior to the arrival of troops, to ascertain if they have any special requests to make; by meeting these requests as far as possible; by insuring that no wanton or unnecessary damage is done; and subsequently by promptly paying fair and reasonable claims on the spot.

Proclamation of Areas.

Proclamation of area.

1298. (1) District Commandants will make application to Head-Quarters for the “proclamation” of suitable areas of land for any projected camps, manœuvres, or military purposes. Applications

 

will include full description of the area boundaries, making due allowance for a “margin of safety,” both as regards the extent of proclaimed areas and the periods of utilization.

(2) The boundaries of proclaimed areas should follow roads or natural features, rather than imaginary lines, so that they may be easily identified. Areas should not usually be proclaimed for a longer period than three months at a time. Applications must reach Head-quarters at least two months before the date fixed for the camp or military exercise.

(3) District Commandants will detail an Officer to interview all owners or occupiers of land within the procliamed area prior to the arrival of troops, and will insure that copies of the proclamation reach all concerned, at least fourteen days before it is proposed to use the area. This Officer must—

(a) Warn all land-owners or occupiers as to the hours and times at which stock should be kept in places of security. A person who, without reasonable excuse, fails to comply with this warning will not be entitled to compensation for any damage caused to his property by reason of his default.

(b) Notify that private valuation of damage by valuers will not be accepted, and that the Military Authorities will only deal direct with land-owners, not with their agents.

(c) Notify land-owners or occupiers by leaving printed or typewritten notices warning them of the need to yard valuable stock (mares in foal, &c.). Landowners can then apply to have certain paddocks placed out of bounds if need be.

(4) All proclamations under section 69 of the Defence Act submitted by the District Commandant should distinctly prescribe:—

(a) The authority to whom claims should be submitted.

(b) The period within which claims should be submitted.

Dealings with Land-owners, &c.

Dealings with land owners.

1299. For the convenience of the owners and occupiers, arrangements should be made to deal with claims at convenient centres, which should be notified to all concerned. An Officer should remain behind at each camp or bivouac after the departure of the troops, to go over the ground and settle details regarding the claims to be made by the owner.

Assessment of Claims, &c.

Assessment of claims.

1300. (1) When an area is proclaimed, the District Commandant will appoint a Board to deal with claims for damage occasioned by troops, and to assess the amount of compensation. All claims must be submitted to the officer in charge of the camp within 72 hours of the commission of the damage.

(2) This Board will be convened in accordance with Regulation 727 et seq., and will include an officer qualified to assess the damage, an officer, if possible a resident in, or personally acquainted with, the proclaimed area, and a representative of the District Paymaster.

 

(3) Claims for compensation will be investigated during or immediately after the camp or manœuvre, the amount to be paid will be assessed and the claim passed to the District Paymaster’s representative, who will pay same.

(4) Individual claims for compensation, not exceeding £20, approved by the Board, and agreed to by the owner, may be paid by the District Paymaster’s representative during or at the conclusion of the camp. Individual claims in excess of £20 will be referred to the Military Board, with recommendation; a full statement of the case being forwarded with the application immediately after the camp.

(5) Claims which cannot be settled by agreement between the claimant and the Board will be referred with recommendation of the Military Board, as in sub-regulation (4) of this Regulation.

(6) Claims will be made out on the annexed pro formâ, to which a statement will be attached, showing exactly the nature of the damage, and how the amount payable is arrived at.

(7) The President of the Board will keep a careful record of all damage reported and claims recommended for payment, and will send same to the District Paymaster,

Duties of Officers Detailed to Interview Land-owners and Occupiers.

Interviews with land-owners and occupiers.

1301. (1) The Officer who is detailed to interview owners or occupiers of land prior to the arrival of troops, will make himself personally acquainted with the owners or occupiers of land within the proclaimed area, and will inform them as to the procedure of making claims and the times within which same are to be rendered. He will take notes and record the condition of crops, fences, gates, orchards, &c., before the arrival of the troops, so that he may be able to form a correct opinion as to the extent of any damage done. He will also, if necessary, arrange to make gaps or mark existing gates, so as to minimize the cutting of fences by troops.

(2) The Officer who interviews the owners or occupiers is responsible for informing the President of the Board in good time of any paddocks, inclosures, or localities from which the troops should be excluded. The President of the Board will cause such localities to be clearly marked by red flags before the troops arrive, and the fact notified in orders to all concerned.

Responsibility for Damage.

Responsibility for damage.

1302. (1) Every Officer of the Defence Force is responsible for reporting as soon as possible any damage done by his order, or by men under his command, and for preventing troops entering any paddocks which have been marked as “out of bounds.” Commanding Officers of regimental units are responsible for collecting these reports, and forwarding them to the President of the Board at the earliest moment, so that the latter may be in a position to check the claims as they come in. Any Officer failing to comply with this instruction will be held personally responsible to make good the damage.

(2) Every endeavour must be made to insure that the individuals responsible pay for wilful, neglectful, or unnecessary damage, such as the picking of fruit, or cutting gaps in a red-flagged paddock fence; or cutting unnecessary gaps in close proximity to gates, or loss caused by leaving gates open.

 

Orders to the Troops.

Order to troops exercising in proclaimed area.

1303. (1) Special orders on the following subjects will be issued to the troops by District Commandants before the commencement of military exercises in proclaimed areas. If properly carried out by responsible officers, such orders will keep down needless claims for compensation.

(a) Damage and loss of fruit, garden produce, or farm produce from allotments, gardens, orchards, or farm lands.

(b) Cutting or damage to trees.

(c) Destruction or damage to hedges and fences of all kinds.

(d) Nuisances in woods, &c.

(e) Officers’ batmen (especially when in charge of their masters’ horses).

(f) Improper restoration of latrines, ashpits, &c.

(g) Clearing up of camps.

(h) Leaving broken glass.

(i) Duty of Commanding Officers, to report damage done by troops or civilians.

(k) The closing of gates or openings into fenced areas.

(2) Gaps cut in fences must be temporarily closed after use, in order to prevent stock straying, and care must be taken to shut gates for the same reason. Parties for this purpose will be told off prior to manœuvres commencing. Officers failing to do this will be held personally responsible for damage.

(3) As the employees of civilian contractors often commit damage, especially in respect to broken bottles and glass, contractors should be cautioned on such points, and a penalty clause inserted in their contracts.

Cutting Hedges and Wire Fences.

Cutting hedges and fences.

1304. (1) Cutting gaps in hedges and fences, including wire fences, will only be resorted to when absolutely necessary, and then only by order of the senior officer on the spot. Much unnecessary expense will be saved by the observance of this rule.

(2) When preparing camping grounds, only authorized service experts, such as Engineers, &c., should be employed in cutting wire fences, or opening gaps in natural fences, and damage so done should be repaired at the earliest practicable moment.

(3) The senior Officer on the spot should, when practicable, detail the Engineers to repair damage done by troops. When this would materially interfere with the training of the troops, or for other reasons it cannot be arranged, it may be found economical to make a contract with a fencer or carpenter to repair all the minor damages.

(4) In every case where damage has been done to hedges and fences, it will be immediately reported to the President of the Board, giving nature, date, place, time, &c., and he will at once inspect the damages, and note them for record.

 

Regimental Exercises and Bivouacs.

Exercises and bivouacs.

1305. (1) Proclamations are not necessary in the case of regimental exercises or week-end camps or bivouacs.

(2) Officers in charge of these must obtain permission in writing to use the land required, and must take steps to insure that no damage is done.

(3) In the case of any unforeseen or accidental damage occurring, for which it seems just that payment be made, full particulars, with a recommendation, will be immediately referred to the District Commandant, who may authorize the payment of compensation not exceeding a sum of £20; where claims exceed £20, the District Commandant will forward same, and full particulars thereof, to Head-Quarters.

Military Surveys.

Surveys.

1306. (1) Notice that a claim will be made for damages alleged to have been sustained by reason of any member of the Australian Survey Corps, or person employed in connexion with the Australian Survey Corps, having entered upon any lands and made military surveys thereon, must be submitted in writing to the District Commandant within seven days after the date on which the damages are alleged to have been sustained, and, if not submitted within such time, no claim for damages will be recognised.

Provided that if the lands on which such damages are alleged to have been sustained are situated more than 50 miles from District Head-Quarters, notice of a claim may be recognised if posted to the Commandant within seven days after the date on which the damages are alleged to have been sustained, although not received by the Commandant until after such seven days.

(2) When notice is received that damages will be claimed, Commandants (except in cases where the amount claimed does not exceed £5, or where the Commandant for any reason considers that it is unnecessary to obtain full particulars) will request the claimant to fill in a claim in the pro formâ annexed.

(3) The District Commandant may, if he sees fit, authorize the payment of compensation not exceeding £5 in any case of damage in which the officer in command of the Australian Survey Corps in the District certifies that the damages were caused in the course of military surveys by a member of the Australian Survey Corps, or person employed in connexion therewith, and that the amount to be paid is reasonable compensation for the damages.

(4) The District Commandant may, if he sees fit, authorize the payment of compensation not exceeding £20 in any case of damage in which an officer appointed by the Commandant to make inquiry certifies that the damages were caused by a member of the Australian Survey Corps, or person employed in connexion therewith, and that the amount to be paid is reasonable compensation for the damages.

(5) Cases in which the amount to be paid exceeds £20 will be referred to a Board of Inquiry for report, and the proceedings of the Board will be forwarded to Head-Quarters.

 

(Pro forma referred to in Regulations 1300 (6) and 1306 (2).)

MILITARY MANŒUVRES OR SURVEYS.

Particulars of Claim for Damages.

Claims in respect of damage done by troops must be submitted to the officer in charge of the camp within 72 hours of the commission of the damage, and, in the case of damage done by Military Survey Party, to the District Commandant within seven days.

Persons making false or fraudulent claims for damage will render themselves liable to be proceeded against according to law.

1. From (name of claimant in full, and whether owner or tenant) ———————————

2. Farm or pastoral property, or other description...... ———————————

3. Full postal address............................................... ———————————

4. Place where damage occurred............................... ———————————

5. Date upon which damage occurred....................... ———————————

6. Nature of damage, specified fully, and in order for easy identification. (If space is insufficient, the statement can be put upon a separate sheet of paper)................................................. ———————————

7. Amount of compensation claimed, and how assessed ———————————

8. Names of any witnesses to damage....................... ———————————

9. Name of owner or landlord from whom the land is held ———————————

10. Nature of tenancy, annual or otherwise................ ———————————

11. Date of expiration of lease or agreement.............. ———————————

I [name in full]declare the above to be a just and true statement of the damage enumerated therein, and that the same was done by troops or Military Survey Party.

Signature of Claimant———————————

Signed at————————————————

Date——————————————————

 

For Use of Compensation Board only.

*Amount of compensation assessed in respect of:—

£ s. d.

——————————————————

——————————————————

——————————————————

——————————————————

——————————————————

 

Total..............................................................

£

Remarks:—

Signature of President of Board ——————————————————

——————————————————

Signature of Members of Board ——————————————————

——————————————————

* In case the compensation cannot be immediately assessed, an entry will be made “Not yet assessed.”

DIVISION 8.—REQUISITIONING VEHICLES, ETC.

Requisitioning vehicles, etc.

1307. (1) In time of war the Governor-General may issue a general authority to the Minister of Defence authorizing him to issue an authority to such persons as the Minister thinks fit to requisition such number and kind as the Minister specifies of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval and military purposes.

(2) Upon receipt by any person of such an authority from the Minister, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority, and may, in pursuance of the said authority, by writing under his hand, require any owner of any of such articles or animals to deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.

 

(3) The compensation payable to an owner in respect of any articles (other than molybdenite, wolfram, or scheelite) or animals requisitioned in pursuance of this Regulation shall, in default of agreement, be assessed, in the first instance, by a Board of three persons appointed by the Minister, and be determined by the Minister, subject to an appeal to any Judge of the Supreme Court of a State, who may finally determine the amount of compensation, and make such order as to costs as he thinks fit.

(4) The compensation payable to an owner in respect of any molybdenite, wolfram, or scheelite requisitioned in pursuance of this Regulation shall, in default of agreement, be assessed by the Minister on the basis of the agreement made between His Majesty’s Government and the Government of the Commonwealth of Australia for the acquisition of molybdenite, wolfram, and scheelite.

Vehicles required to carry warlike stores.

1308. (1) If the master, owner, charterer, or agent of any vessel is required by any authorized officer to carry any warlike stores from any port in Australia to any port to be called at by the vessel on her voyage, and tenders such stores for carriage, the master, owner, charterer, or agent of the vessel shall (unless the vessel is not reasonably able to carry such stores) receive such warlike stores on the vessel, and carry them accordingly.

(2) If the vessel in respect of which any warlike stores have been tendered for carriage leaves the port without shipping such stores, the master, owner, charterer, and agent of the vessel shall severally be liable to a penalty not exceding Twenty pounds, unless such master, owner, charterer, or agent proves to the satisfaction of the Court that the vessel was not reasonably able to carry such stores.

(3) Any authorized officer may detain any vessel which he believes is about to depart from any port without shipping any warlike stores which have been tendered for carriage, and keep her so detained until such warlike stores have been shipped thereon, or until he is satisfied that the vessel is not reasonably able to carry such stores.

(4) The owner of the vessel or the charterer, if the vessel is under charter, shall be entitled to be paid freight at such reasonable rate as is agreed upon, or, in default of agreement, is settled by arbitration.

(5) In this regulation “authorized officer” means any officer charged with the duty of shipping warlike stores for use of any naval or military force, and includes any officer appointed by the Minister to be an authorized officer for the purposes of this Regulation; and “warlike stores” means food, clothing, equipment, forage, and other stores for use by any naval or military force.

DIVISION 9.—AMALGAMATION OF THE NEW AND OLD MILITIA FORCES

Where recruits shall be drawn from.

1309. As far as possible, and with the exceptions hereafter noted, the units of the Militia Forces shall be recruited from those liable to training under Part XII. of the Act, but—

(a)Soldiers serving in the Militia on 30th June, 1912, may continue to serve until the termination of their term of enlistment;

 

(b) Warrant and non-commissioned officers of the Militia and bandsmen may, subject to the approval of the Military Board, be permitted to re-enlist on and after 1st July, 1912; and

(c) In units and detachments of Light Horse, situated at places where no training is conducted under Part XII. of the Act, or when there is an insufficient number of persons liable for training who are willing to serve as Light Horse, soldiers may be re-enlisted, and persons not liable to be trained may be voluntarily enlisted, under sections 35 and 38, inclusive, of the Act, as directed by the Military Board, in order to maintain the Peace Establishment.

DIVISION 10.—ESTABLISHMENTS.—MILITIA FORCES.

Establishments.

1310. Notwithstanding the issue of any “Establishments” of units, all members of the Militia Forces may be paid according to their rank in cases where such establishment is exceeded, but, in the case of ranks higher than that of private, no further promotion to such rank shall be made until such supernumeraries are absorbed, and if the excess be—

(a) In the commissioned ranks

No further appointments as officers will be made unless the total authorized establishment of officers of the unit will not be exceeded thereby, and if the excess be in a rank higher than that of lieutenant, any corresponding vacancy that may occur in the next lower rank will not be filled until such excess officer has been absorbed.

(b) In the rank of warrant officer, or of non-commissioned officer of or above the rank of sergeant (exclusive of farrier-sergeant, collarmaker-sergeant, saddler-sergeant, wheeler-sergeant, and armourer-sergeant)

No further appointment or promotion to these ranks will be made unless the total establishments of such ranks will not be exceeded thereby; and if the excess be in a rank higher than that of sergeant, any corresponding vacancy that may occur in the next lower rank will not be filled until such excess warant or non-commissioned officer has been absorbed.

(c) In the rank of N.C.O. below the rank of sergeant

No further appointments or promotions will be made to the rank in which the excess exists unless the total establishment of the N.C.O. ranks below the rank of sergeant will not be exceeded thereby.

 

DIVISION 11.—FALSE REPRESENTATION OF AUTHORITY.

False representations of authority.

1311. Any person who falsely represents himself, whether by word, act, or conduct, as being authorized by the Defence Department or any officer thereof, to do any act or thing on behalf of or in the interests of the Department, or who misleads or attempts to mislead any person by any unauthorized representation as to any act or intended act on the part of the Commonwealth Government, the Department of Defence, or any officer thereof in relation to any matter concerning the defence of the Commonwealth or the administration of the Defence Department, shall be guilty of an offence, and shall, on conviction by a court of summary jurisdiction be liable to a penalty not exceeding Twenty pounds, or imprisonment, with or without hard labour, for a period not exceeding three months.

DIVISION 12.—DEFENCE CONTRACT AND SUPPLY BOARD.

1312. (1) There shall be a Defence Contract and Supply Board constituted as follows:—

Regular Members.

Contract and Supply Board.

An Officer representing the Secretary, Department of Defence, to be, appointed by the Minister, who shall be Chairman of the Board.

An Officer of the Quartermaster-General’s Branch at Head-Quarters, to be appointed by the Minister, who shall be Deputy Chairman of the Board.

A Permanent Officer of the Department of Defence to be appointed by the Minister.

(2) In addition to the Regular Members, the Minister may appoint from time to time any officers or persons to act as consultative members on the Board.

Chairman to preside.

1313. The Chairman shall preside at all meetings of the Board, or, in his absence, the Deputy Chairman.

Convening of meetings.

1314. Meetings of the Contract and Supply Board shall be convened by the Chairman, or, in his absence, the Deputy Chairman, but no business shall be transacted unless two Regular Members be present.

Functions of Board.

1315. The functions of the Contract and Supply Board shall be—

(a) On receipt of a contract demand from the Quartermaster-General, duly approved by the Minister, or such Officer as may be authorized to approve on his behalf, to arrange for the purchase of the supplies enumerated therein by inviting public tenders, or by quotation, or otherwise.

(b) To direct District Commandants as to the manner in which Provisions, Forage, Fuel, Cartage, Camp and Barrack Services (except Engineer Services), and supplies which are to be purchased within the limits of the District concerned, are to be arranged for.

(c) To arrange contracts or supplies for Government Factories and the Royal Military College, when directed by the Secretary, Department of Defence.

 

Provided, however, that no tender or quotation shall be accepted nor purchase made by the Contract and Supply Board, the amount of which exceeds £2,500 unless the Minister’s approval be first obtained, save and except that in the case of contracts for Provision, Forage, Fuel, and Cartage, which are to be ordered as required during a specified period, the Contract and Supply Board may, without reference to the Minister, accept any tender or quotation, the value of the supplies to be obtained under which, based on the estimated requirements, does not exceed £10,000.

Chairman may enter in to contracts.

1316. The Chairman of the Contract and Supply Board, or in his absence, the Deputy Chairman, shall, on behalf of the Commonwealth Government, enter into contracts approved by the Board, provided, however, that the Board may authorize District Commandants to enter into contracts for supplies and services referred to in paragraph (b) of Regulation 1315.

Questions to be referred to Board.

1317. Questions connected with the acceptance of tenders or purchase of stores which affect the policy of the Government for the time being are to be referred to the Minister by the Contract and Supply Board.

Secretary to Board.

1318. There shall be a Secretary to the Contract and Supply Board who shall be appointed by the Governor-General, and who shall keep minutes of the proceedings of the Board, and perform such other duties as the Board may direct.

Examiner of Stores and Equipment.

Examiner of stores, etc.

1319. The Examiner of Stores and Equipment shall perform his duties under the direction of the Secretary, Department of Defence, but shall be in direct communication with the Contract and Supply Board.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

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