Military Forces (Women's Services) Regulations (Cth)

STATUTORY RULES.

1943. No. 68.

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

 

Dated this twenty-third day of March, 1943.

(Sgd.) GOWRIE

Governor-General.

By His Excellency’s Command,

 

(SGD.) F. M. FORDE

Minister of State for the Army.

 

MILITARY FORCES (WOMEN’S SERVICES) REGULATIONS.

Part I.—Introductory.

Citation and administration.

1.—(1.) These Regulations may be cited as the Military Forces (Women’s Services) Regulations.

(2.) These Regulations shall be administered by the Minister of State for the Army.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Introductory.

Part II.—Australian Army Nursing Service.

Part III.—Australian Women’s Army Service.

Part IV.—Australian Army Medical Women’s Service.

Part V.—Appointments, Promotions and Discharges of members other than Officers.

Part VI.—Discipline.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“Women’s Service” means any of the Services specified in regulation 4 of these Regulations.

(2.) Unless the contrary intention appears, words used in these Regulations shall have the same meaning as in the Australian Military Regulations.

Establishment of Women’s Services.

4. There shall be the following Services, composed of women, appointed or enlisted in accordance with these Regulations, which shall form part of the Military Forces:—

The Australian Army Nursing Service.

The Australian Women’s Army Service.

The Australian Army Medical Women’s Service.

 

* Notified in the Commonwealth Gazette on , 1943.

955.—Price 5d.  24/19.2.1943.

Eligibility.

5. A woman shall be eligible for appointment to, or enlistment in, a Women’s Service, if she has—

(a) attained the age of eighteen years, but has not attained the age of forty years; and

(b) passed such medical examination as is approved by the Military Board:

Provided that a woman who has attained the age of forty years, but has not attained the age of fifty years, may be appointed to, or enlisted in, a Women’s Service, if the Military Board certifies that she has special qualifications or that it considers that special circumstances warrant her appointment or enlistment.

Period of enlistment.

6. A woman enlisting in a Women’s Service may be required to engage to serve for the period of the time of war current at the date of her enlistment and twelve months thereafter.

Repeal of regulations.

7. Regulations 620 to 629 (both inclusive) of the Australian Military Regulations are repealed.

Application of regulations.

8. The Australian Military Regulations, the Military Financial Regulations and the War Financial (Military Forces) Regulations shall, subject to such modifications and adaptations as are expressly provided or necessarily implied by these Regulations, apply to and in relation to any Women’s Service and the members thereof.

Part II.—Australian Army Nursing Service.

Constitution.

9. The Australian Army Nursing Service shall consist of female officers appointed to that Service or transferred to that Service from other portions of the Military Forces.

First appointments.

10. The first appointment of any woman to commissioned rank in the Australian Army Nursing Service shall be to the rank of Lieutenant, provisionally.

Members of Australian Army Nursing Service constituted under the Australian Military Regulations.

11.—(1.) Notwithstanding anything contained in regulation 5 or regulation 10 of these Regulations, every woman who is, at the date of the commencement of these Regulations, a member of the Australian Army Nursing Service constituted under the Australian Military Regulations shall be eligible for appointment as an officer of the Australian Army Nursing Service constituted under these Regulations, with the rank appearing opposite to the designation of her grade in the following table:—

Present Grade.	Rank to which appointment may be made.
Matron-in-Chief.	Colonel.
Principal Matron.	Lieutenant-Colonel.
Matron	Major
Senior Sister.	Captain.
Sister.	Lieutenant.

(2.) Each woman who, at the date of the commencement of these Regulations, is a member of the Australian Army Nursing Service constituted under the Australian Military Regulations, including any such member in enemy hands, shall be allowed such time after that date as is, in each case, considered reasonable by the Adjutant-General

in which to apply for, or to signify her willingness to accept, appointment as an officer of the Australian Army Nursing Service constituted under these Regulations.

(3.) During the time allowed to her in pursuance of sub-regulation (2.) of this regulation the member shall continue to be a member of the Australian Army Nursing Service as if the provisions of the Australian Military Regulations previously governing her membership were still in force and these Regulations had not been made.

(4.) If, after the expiration of the time allowed to her in pursuance of sub-regulation (2.) of this regulation, a member has not applied for, or signified her willingness to accept, appointment as an officer of the Australian Army Nursing Service constituted under these Regulations, her appointment shall be terminated.

(5.) Notwithstanding anything contained in any regulation requiring the seniority of an officer to be taken into account in respect of promotion, any officer of the Australian Army Nursing Service who, at the time of her appointment as an officer, was a member of the Australian Army Nursing Service constituted under the Australian Military Regulations shall, in all matters relating to promotion, receive consideration as if her service in the last-mentioned Service had been service as an officer.

Authority to command and subordination of members.

12.—(1.) In a military hospital or medical establishment an officer of the Australian Army Nursing Service shall, in matters of medical or sanitary service, have authority within her own sphere of duties next after officers, irrespective of rank, of the Australian Army Medical Corps, and before officers of equal or inferior rank of the Australian Army Medical Women’s Service, and shall be obeyed accordingly by all members of the Military Forces over whom she has authority, including all officers and soldiers who are patients in that hospital or establishment.

(2.) Except as provided by sub-regulation (1.) of this regulation, an officer of the Australian Army Nursing Service shall exercise command over only officers of the Australian Army Nursing Service junior to or inferior in rank to herself and other members of the Military Forces detailed or attached for duty under her command.

(3.) An officer of the Australian Army Nursing Service shall, in matters of medical or sanitary service, be subject to the command of officers of the Australian Army Medical Corps, irrespective of rank.

Part III.—Australian Women’s Army Service.

Constitution.

13. The Australian Women’s Army Service shall consist of female officers and soldiers appointed to, or enlisted in, that Service, or transferred to that Service from other portions of the Military Forces.

Authority to command and subordination of members.

14.—(1.) A member of the Australian Women’s Army Service shall exercise command over only members of that Service junior to or inferior in rank to herself and other members of the Military Forces detailed or attached for duty under her command.

(2.) A member of the Australian Women’s Army Service may be placed under the command of a male member of the Military Forces not inferior in rank to herself.

Qualifications for promotion.

15. In the selection of a member of the Australian Women’s Army Service for promotion, consideration shall be given first to the relative efficiency and qualifications of the members concerned, and, in the event of two or more members being equally efficient and qualified, then to their relative seniority.

Members serving at the date of commencement of these Regulations.

16. That portion of the Australian Military Forces called the Australian Women’s Army Service existing at the date of the commencement of these Regulations shall be deemed to have been raised under these Regulations, and the members thereof, without any re-appointment or re-enlistment or the taking of any fresh oath, shall be subject to these Regulations.

Part IV.—Australian Army Medical Women’s Service.

Constitution.

17. The Australian Army Medical Women’s Service shall consist of female officers and soldiers appointed to, or enlisted in, that Service, or transferred to that Service from other portions of the Military Forces.

First appointments.

18.—(1.) The first appointment of any woman to commissioned rank in the Australian Army Medical Women’s Service shall be to the rank of Lieutenant, provisionally.

Members of Voluntary Aid Detachment.

19.—(1.) Notwithstanding anything contained in regulation 5 or regulation 18 of these Regulations, a woman who is, at the date of the commencement of these Regulations, a member of the organization called the Voluntary Aid Detachment and is attached to or accompanying, or engaged to be attached to or to accompany, the Military Forces shall be eligible for appointment to or enlistment in the Australian Army Medical Women’s Service, with the rank appearing opposite to the designation of her grade in the following table:—

Present grade.	Rank to which appointment may be made.
Controller.	Lieutenant-Colonel.
Assistant Controller.	Major.
Commandant.	Captain.
Assistant Commandant.	Lieutenant.
Group Leader.	Sergeant.
Section Leader.	Corporal.
Member.	Private.

(2.) Each woman to whom sub-regulation (1.) of this regulation applies shall be allowed such time after the date of the commencement of these Regulations as is, in each case, considered reasonable by the Adjutant-General in which to enlist in or apply for appointment as an officer of the Australian Army Medical Women’s Service.

(3.) During the time allowed to her in pursuance of sub-regulation (2.) of this regulation the member shall continue to serve under her existing engagement as if these Regulations had not been made.

(4.) If, after the expiration of the time allowed to her in pursuance of sub-regulation (2.) of this regulation, a member has not enlisted in, or applied for appointment as an officer of, the Australian Army Medical Women’s Service, her engagement shall be terminated.

Members serving at the date of commencement of these Regulations.

20. That portion of the Australian Military Forces called the Australian Army Medical Women’s Service existing at the date of the commencement of these Regulations shall be deemed to have been

raised under these Regulations, and the members thereof, without any re-appointment or re-enlistment or the taking of any fresh oath, shall be subject to these Regulations.

Authority to command and subordination of members.

21.—(1.) A member of the Australian Army Medical Women’s Service shall exercise command over only members of that Service junior to or inferior in rank to herself and other members of the Military Forces detailed or attached for duty under her command.

(2.) A member of the Australian Army Medical Women’s Service shall, in matters of medical or sanitary service, be subject to the command of officers of the Australian Army Medical Corps, irrespective of rank, and of members of the Australian Army Nursing Service of equal or superior rank.

Qualifications for promotion.

22. In the selection of a member of the Australian Army Medical Women’s Service for promotion, consideration shall be given first to the relative efficiency and qualifications of the members concerned, and, in the event of two or more members being equally efficient and qualified, then to their relative seniority.

Part V.—Appointments, Promotions and Discharges of Members other than Officers.

Authorities to appoint or promote to warrant or non-commissioned rank.

23.—(1.) In addition to the authorities specified in regulation 142 or 143 of the Australian Military Regulations, the appointment of a person or the promotion of a soldier in a Women’s Service may be made—

(a) to the rank of Warrant Officer (Class I.) or Warrant Officer (Class II.) or to the rank of non-commissioned officer, by the senior officer of the Service at the headquarters of the Military Forces; and

(b) to the rank of non-commissioned officer, by the senior officer of the Service at the head-quarters of the Military Forces in any Lines of Communication Area.

Authority to discharge and confirm discharges.

24.—(1.) The discharge of a soldier of a Women’s Service may be authorized—

(a) in or out of the Commonwealth by—

(i) the Military Board;

(ii) the Adjutant-General;

(iii) the senior officer of the Service at the head-quarters of the Military Forces;

(iv) the senior officer of the Service in the Lines of Communication Area in which the soldier is serving; or

(v) any officer of the Service empowered by the Adjutant-General; or

(b) out of the Commonwealth by—

(i) the officer in chief command of the Military Forces to which the soldier is attached;

(ii) the senior officer of the Service serving with the Military Forces to which the soldier is attached; or

(iii) any officer of the Service empowered by the officer specified in sub-paragraph (i) of this paragraph.

(2.) The discharge of a soldier of a Women’s Service may be confirmed—

(a) in or out of the Commonwealth by—

(i) the Adjutant-General;

(ii) the senior officer of the Service at the head-quarters of the Military Forces;

(iii) the senior officer of the Service in the Lines of Communication Area in which the soldier is serving; or

(iv) any officer of that Service empowered by the Adjutant-General; or

(b) out of the Commonwealth by—

(i) the officer in chief command of the Military Forces where the discharge is effected;

(ii) the senior officer of the Service serving with the Military Forces where the discharge is effected; or

(iii) any officer of the Service empowered by the officer specified in sub-paragraph (1) of this paragraph.

Part V.—Discipline.

Modification of the Army Act.

25. The Army Act in its application to and in relation to a Women’s Service or any member thereof shall be read as if any provision therein rendering a member liable to trial and punishment by court martial for an offence were a provision rendering the member liable to be dealt with summarily for that offence.

Disposal of charges summarily.

26.—(1.) Subject to these Regulations, an officer authorized to deal summarily with a charge against a member of a Women’s Service, may award to her any one or more of the following punishments:—

(i) reduction in rank or to the ranks;

(ii) reduction in seniority;

(iii) a fine not exceeding Five pounds or forfeiture of all ordinary pay for a period not exceeding fourteen days;

(iv) extra duties for a period not exceeding fourteen days;

(v) confinement to camp or barracks for a period not exceeding fourteen days;

(vi) severe reprimand;

(vii) reprimand;

(viii) any deduction from ordinary pay which he may lawfully order to be made in respect of the offence of which the member has been found guilty,

but no other punishment.

(2.) An officer authorized to deal summarily with a charge against a member of a Women’s Service may—

(a) in addition to, or in lieu of awarding any of the punishments specified in sub-regulation (1.) of this regulation, if he considers the offence or the circumstances in which it was committed to be of such a nature as so to warrant, recommend that she be dismissed or discharged; or

(b) if he considers that she has committed an offence under the National Security Act 1939-1940, adjourn the case and take the necessary steps for her prosecution for that offence.

(3.) Where a recommendation that a member of a Women’s Service be dismissed or discharged is made in pursuance of sub-regulation (2.) of this regulation, an authority having power to dismiss or discharge the member may, in lieu of giving effect to the recommendation, in addition to any punishment already awarded her by the officer making the recommendation, award her any one or more of the other punishments specified in sub-regulation (1.) of this regulation.

Powers of certain officers to dispose of charges summarily.

27.—(1.) Any charge against a member of a Women’s Service, not being an officer or warrant officer, may be disposed of summarily by her Commanding Officer:

Provided that extra duties or confinement to camp or barracks shall not be awarded to a non-commissioned officer.

(2.) Any charge against an officer of or below the rank of Lieutenant-Colonel of a Women’s Service may be disposed of summarily by any authority who has power to deal summarily with a charge against a male officer below the rank of Lieutenant-Colonel:

Provided that reduction in rank, extra duties or confinement to camp or barracks may not be awarded as punishment.

(3.) Any charge against an officer below the rank of Major or a Warrant Officer of a Women’s Service may be disposed of summarily by any officer, not below the rank of Colonel, authorized for that purpose by the Military Board:

Provided that reduction in rank, extra duties or confinement to camp or barracks may not be awarded to an officer and extra duties or confinement to camp or barracks may not be awarded to a Warrant Officer.

(4.) Any charge against a non-commissioned officer of a Women’s Service below the rank of Sergeant or the appointment of Lance-Sergeant may be disposed of summarily by her Company, &c., Commander:

Provided that the only punishment which may be awarded by the Company, &c., Commander shall be a reprimand, but not a severe reprimand.

(5.) Any charge against a private soldier of a Women’s Service may be disposed of summarily by her Company, &c., Commander:

Provided that a Company, &c., Commander may not inflict any punishment except one or more of the following punishments:—

(i) extra duties for a period not exceeding fourteen days;

(ii) confinement to camp or barracks for a period not exceeding fourteen days;

(iii) severe reprimand;

(iv) reprimand.

Guarding of members in custody.

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

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.