Australian Military Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE DEFENCE ACT 1903–1918.
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
Dated this twenty-sixth day of June, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. K. BOWDEN,
Minister of State for Defence.
Australian Military Regulations 1916.
(Statutory Rules 1916, No. 166, as amended to this date.)
31. The ranks of officers of the Military Forces shall correspond with the ranks of officers in the Naval Forces and the Air Forces respectively in accordance with the following table, but this regulation shall not be construed as an authority for the corresponding ranks of officers as between the Naval Forces and the Air Force:—
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Wing Commander |
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This regulation shall not entitle any officer of the Naval Forces or of the Air Force to the command of any of the Military Forces on shore nor any officer of the Military Forces to the command of any of the Naval Forces or Air Force.
C.9111.—Price 3d.
31a. Officers of the Consular Service shall rank with officers of the Military Forces as follows:—
Agent and consul-general, and commissioner and consul-general—with, but after major-general.
Consul-general—with, but after colonel-commandant.
Consul—with, but after colonel.
Vice-consul—with, but after major.
Consular agent—with, but after captain.
“245a. The Governor-General or a Governor of a State or a Lieutenant-Governor administering the Government of a State (whether a military officer or a civilian) who dies whilst in the exercise of his appointment, will be accorded the following military funeral where the necessary troops and guns are available:—”
and substituting therefor the following:—
“245a. The Governor-General or the Governor of a State or any officer (whether a military officer or a civilian) administering the Government of the Commonwealth or a State who dies whilst in the exercise of his appointment, will be accorded the following military funeral where the necessary troops and guns are available:—”
(
a ) Inserting the word “or” after the words “Permanent Forces”.(
b ) Inserting the words “any member of the Citizen Forces” after the word “service”
“
Courts of inquiry, other than courts of inquiry held under regulation 733”.
immediately preceding regulation 711 is deleted and the following heading substituted—
“
other than courts of inquiry on the absence of soldiers”.
(
b ) Regulations 711 to 716 (both included) and regulations 727 to 732 (both included) are repealed and the following Regulations substituted—
711. This division shall not apply to courts of inquiry on the absence of soldiers.
712. (1) A court of inquiry is an assembly of officers directed to collect evidence, and if so required to report with regard to any matter which may be referred to them.
(2) A court of inquiry may be assembled by the Military Board, a military member of the Military Board or by the officer in command of any body of the Military Forces, whether belonging to one or more corps.
(3) The court may be composed of any number of officers of any rank, and of any branch or department of any part of His Majesty’s Military Forces; provided that when the inquiry ordered relates to the conduct or character of an officer or soldier of the Citizen Forces, one-half at least of the officers constituting the court shall belong to the Citizen Forces, and should, if practicable, belong to the branch of the Citizen Forces to which the officer or soldier belongs.
713 (1) Whenever a matter referred to a court of inquiry appears to affect the character or military reputation of an officer or soldier full opportunity shall be given to him of being present throughout the inquiry and in defence of his character or military reputation of making a statement, of giving evidence, of calling witnesses and of cross-examining witnesses.
(2) If during an investigation by a court of inquiry anything which affects the character or military reputation of an officer or soldier, and is relevant to the inquiry, is disclosed, the officer or soldier shall, if it appears to the court to be reasonably practicable, be allowed, during the remainder of the investigation, the same rights as are given by the last preceding sub-regulation.
714. (1) A Board is an assembly of officers or of an officer or officers together with another or other person or persons directed to collect evidence, and, if so required, to report with regard to any matter which may be referred to them.
(2) An officer of any rank and of any branch or department of any part of His Majesty’s Military Forces shall be eligible for appointment to a Board.
(3) A board may be assembled by any authority by whom a court of inquiry may be assembled.
(4) A board shall not be assembled to inquire into any matter affecting the character or military reputation of an officer or soldier.
(5) If during an investigation by a board anything which affects the character or military reputation of an officer or soldier, and is relevant to the inquiry, is disclosed, the Board shall report to the assembling authority and adjourn.
(6) An officer shall be the president of every Board.
(7) A board should follow as far as practicable the provisions of these regulations relating to courts of inquiry.
715. (1) The authority assembling a court of inquiry or board should appoint a president by name, but failing such appointment the senior officer shall preside.
(2) When the assembling authority has so appointed a president no combatant officer senior in rank to the president should be appointed to serve as a member.
716. Previous notice should be, given of the time and place of the meeting of a court of inquiry or board and of all adjournments to all persons concerned in the inquiry.
717. (1) When a court of inquiry is held on a returned prisoner of war, and when a court of inquiry or board is held to investigate injury received or disease contracted by a member of the Military Forces or a cadet, or the loss, death or injury of an animal or loss or damage to a civilian, and in any other case in which the authority who assembles the court or boards so directs, the evidence shall be taken on oath in which case the court or board shall administer to witnesses the same oath or solemn declaration as if the court or board were a court martial.
(2) The members of a court of inquiry or board shall not be sworn.
(3) The members of a court of inquiry on a returned prisoner of war shall make the following declaration:—
I, (A.B.), do declare upon my honour that I will duly and impartially inquire into and give my opinion as to the circumstances in which................................................ became a prisoner of war according to the true spirit and meaning of the Australian Military Regulations on this head, and I do further declare upon my honour that I will not on any account or at any time disclose or discover my own vote or opinion, or that of any particular member of the court, unless required to do so by competent authority.
718. (1) A court of inquiry or board shall be guided by the written instructions of the authority who assembles it. The instructions should be full and specific and should state the nature of the information required and whether a report is required or not.
(2) A court of inquiry on a returned prisoner of war will record its opinion whether the officer or soldier concerned was taken prisoner by reason of the chances of war or through neglect or misconduct on his part and the authority who assembled the court should record his own opinion.
719. It is the duty of a court of inquiry or board to take the evidence of every person who it appears to the court may be able to give useful information and whose attendance can reasonably be procured. It is also the duty of the court or board to put such questions to a witness as it thinks desirable for testing the truth or accuracy of any evidence he has given and otherwise for eliciting the truth.
720. (1) The authority who assembles a court of inquiry or board may summon any officer or soldier to attend the court of inquiry or Board and give evidence or produce documents or both.
(2) Every officer or soldier so summoned who without lawful excuse fails to attend shall be guilty of an offence and liable to penalties as prescribed by A.M.R. 495 for an offence against A.M.R. 494.
721. The evidence of each witness before a court of inquiry or board shall be taken down in writing and read over to and signed by him, or if he cannot write his name shall be attested by his mark and witnessed. When a shorthand writer is employed the signing of all or any of the evidence may be dispensed with by the
court or board, and if the evidence is likely to be voluminous, and the witnesses numerous, the reading over may be dispensed with by the assembling authority. If in any case it appears to a court of inquiry or board that the reading of evidence may and could, without injurious effect and in the public interest, be dispensed with, it should recommend accordingly.
722. An officer or soldier called as a witness before a court of inquiry or board may be ordered to answer any question or to produce any document except such as, if the inquiry were a judicial proceeding, he could legally refuse to answer or produce.
723. A court of inquiry or board may be re-assembled as often as the authority who assembled the court or board may direct for the purpose of examining additional witnesses, of further examining any witness, of recording further information or of reporting or further reporting.
724. The whole proceedings of a court of inquiry or board should be forwarded by the president to the authority who assembled the court or board.
725. An officer or soldier who is tried by a civil court or court martialled in respect of any matter or thing which has been reported on by a court of inquiry or board, and, unless the Military Board see fit to order otherwise, an officer or soldier whose character or military reputation is, in the opinion of the Military Board, affected by anything in the evidence before, or in the report of a court of inquiry or board, shall be entitled to a copy of the proceedings of the court or board, including any report made by the court or board, on payment of 3d. for every folio of 72 words.
726. The proceedings of a court of inquiry (not being a court of inquiry on the absence of a soldier) or of a board or any confession or statement made at or answer to a question given at any such court of inquiry or board shall not be admissible in evidence against an officer or soldier before a civil court in a prosecution for an offence triable by court martial or before a court martial, nor shall any evidence respecting the proceedings of such a court of inquiry or board be given against an officer or soldier before a civil court in a prosecution for an offence triable by court martial or before a court martial, except upon the trial of an officer or soldier for wilfully giving false evidence before that court of inquiry or board or for any offence committed before that court of inquiry or board which, if committed before a court martial would amount to contempt of court or for disobeying a lawful command by refusing to take an oath or make a solemn declaration legally ordered to be taken or made or to answer any question, or to produce any document which if the proceeding before the court of inquiry or board were a judicial proceeding, the officer or soldier could legally be required to answer or produce: Provided that if at the trial of an officer or soldier the proceedings or any part of the proceedings of a court of inquiry or board are put in evidence on behalf of the officer or soldier or any question with reference to the contents of those proceedings is put on behalf of the officer or soldier to and answered by witness, the prosecutor may use those proceedings at the trial for the purposes and to the extent, if any, for and to which he could have used them if this regulation did not exist.
727. Sub-rules (D) to (M), both included, of Rule of Procedure 124 shall not apply to the Military Forces.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
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