National Security (Prisoners of War) Regulations (Cth)

STATUTORY RULES.

1941. No. 178.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 National Security Act 1939-1940.

Dated this twenty-fourth day of July, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Prisoners of War) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Prisoners of War) Regulations.

Definitions.

2.—(1.) In these Regulations and in the Prisoners of War Camp Orders and the Camp Rules, unless the contrary intention appears—

“detention barracks” means any place set apart by the Camp Commandant for the accommodation of prisoners of war serving sentences of detention;

“military court” means a military court constituted in pursuance of these Regulations;

“money” means money which is legal tender in Australia or in the United Kingdom, but does not include foreign money;

“officers’ camp” means a prisoners of war camp established for officers and persons of equivalent status;

“prisoner of war” means any person captured in Australia, or captured elsewhere and sent to Australia for detention in pursuance of any arrangement entered into between the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s

 

* Notified in the Commonwealth Gazette on  , 1941.

3192.—25/7.7.1941.—Price 1s.

dominions or of any country allied with His Majesty during any war in which His Majesty is or may be engaged, who, at the time of his capture (whether before or after the commencement of these Regulations)—

(a) belonged to the armed forces of any country with which His Majesty was at war, or

(b)followed those armed forces without directly belonging thereto and was in possession of an authorization from the military authorities of those armed forces;

“prisoners of war camp” means a prisoners of war camp established in pursuance of, or a place deemed to be a prisoners of war camp, for the purposes of, these Regulations;

“Prisoners of War Camp Orders” means Prisoners of War Camp Orders made by the Adjutant-General in pursuance of regulation 8 of these -Regulations;

“Prisoners of War information Bureau means the Bureau of that name established pursuant to the Convention;

“protecting Power” relation to a prisoner of war, means the Power charged with the protection of the interests of his country in Australia;

“summary punishment” means a punishment imposed in pursuance of regulation 52 of these Regulations;

“superior authority” means the Adjutant-General or a District Commandant;

“the Act” means the National Security Act 1939-1940, and, if that Act is amended after the commencement of these Regulations, includes that Act as so amended;

“the Camp Commandant” means the Commandant of a prisoners of war camp, and includes any officer for the time being performing the duties of Camp Commandant, and any officer commanding any troops having custody of prisoners of war at a place deemed to be a prisoners of war camp in pursuance of regulation 6 of these Regulations;

“the Camp Paymaster” includes any person for the time being performing the duties of the Camp Paymaster;

“the Camp Rules”, in relation to a prisoners of war camp, means the rules made by the Camp Commandant in pursuance of regulation 9 of these Regulations;

“the Convention” means the International Convention relative to the treatment of Prisoners of War signed at Geneva on the twenty-seventh day of July, 1929;

“the Minister” means the Minister of State for the Army;

“the Rules of Procedure” means the Rules of Procedure made by the Minister in pursuance of regulation 96 of these Regulations in relation to the trial of prisoners of war.

(2.) Except as provided in this regulation, and unless the contrary intention appears, words used in these Regulations shall have the same meaning as those words have in the Australian Military Regulations.

Administration.

3. These Regulations shall be administered by the Minister of State for the Army.

Detention of prisoners of war captured outside Australia.

4. The Minister may, by order, make provision to give effect to any arrangements entered into between the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s dominions or of any country allied with His Majesty during any war in which His Majesty is or may be engaged in relation to the detention in Australia of prisoners of war captured outside Australia.

Establishment of prisoners of war camps.

5.—(1.) The Minister may establish such prisoners of war camps as he considers necessary for the custody of prisoners of war.

(2.) The accommodation provided for prisoners of war at prisoners of war camps shall be in accordance with the requirements of the Convention.

Places at which prisoners of war may be detained.

6.—(1.) A prisoner of war may be detained at any prisoners of war camp, but as far as possible—

(a) officers and persons of equivalent status, who are prisoners of war, shall be detained at separate officers’ camps, and

(b) prisoners of different races and nationalities shall not be brought together in the same camp.

(2.) A prisoner of war may be transferred from one prisoners of war camp to another.

(3.) While a prisoner of war is proceeding to a prisoners of war camp or is being transferred from one prisoners of war camp to another, or is absent from a prisoners of war camp for the purpose of obtaining medical attention, or as a member of a labour detachment, he may be detained at such place as the Adjutant-General directs, and that place shall be deemed to be a prisoners of war camp for the purposes of these Regulations.

(4.) In time of emergency the Camp Commandant of a prisoners of war camp may, if he considers it necessary for the safe custody of the prisoners of war, direct that they shall be removed to, and detained at, some other place, and the prisoners of war may be removed and detained accordingly, and that place shall be deemed to be a prisoners of war camp for the purposes of these Regulations.

Control and management of prisoners of war camps.

7. The Military Board shall exercise general control over prisoners of war camps, and shall make provision for the appointment of a Commanding Officer of each prisoners of war camp, to be known as the Camp Commandant, and for such officers and soldiers to be detailed for duty at the camp as, in the opinion of the Board or of an officer thereto authorized by the Board, are necessary for the safe custody of the prisoners of war, for the maintenance of discipline in the camp and for its proper administration.

Prisoners of War Camp Orders.

8.—(1.) Subject to these Regulations and any directions of the Military Board, the Adjutant-General may, from time to time, make orders, to be known as Prisoners of War Camp Orders, in relation to the safe custody of prisoners of war in prisoners of war camps, and in relation to the maintenance of discipline in, and the administration, management, inspection and internal economy of, prisoners of war camps.

(2.) Without limiting the generality of the last preceding sub-regulation, such orders shall make provision concerning the property (including money) which may be retained in his possession by a prisoner of war, and may impose conditions and restrictions in relation to the letters, postcards, printed matter and parcels which may be received or despatched by prisoners of war.

Camp Rules.

9. The Camp Commandant of a prisoners of war camp shall have charge of the camp, and, subject to these Regulations, to the Prisoners of War Camp Orders, and to such instructions as are from time to time issued to him by the Military Board, may make such Camp Rules as he considers necessary for the proper management of the camp and for the enforcement of discipline in the camp.

Treatment of prisoners of war.

10. Prisoners of war shall be treated humanely and in accordance with the requirements of the Convention.

Action to be taken on arrival of a prisoner of war.

11.—(1.) As soon as practicable after the arrival of a prisoner of war at a prisoners of war camp—

(a) he shall be interrogated and particulars relating to him shall be recorded and a serial number shall be assigned to him;

(b) he shall be searched and any property (including money) which he is not permitted to retain in his possession in the camp shall be taken from him, particulars thereof shall be recorded, and he shall be given a receipt therefor;

(c) he shall be medically examined and a statement of his medical condition shall be recorded.

(2.) The Camp Commandant may, if he thinks fit, direct that—

(a) photographs of the prisoner of war; and

(b) prints of his fingers or thumbs or any of them,

shall be taken, and the prisoner of war shall permit such photographs and prints to be taken.

Communication of regulations, orders, &c.

12.—(1.) Regulations, orders, announcements and publications of any kind and questions which it is desired to communicate to prisoners of war shall be communicated to them in a language which they understand.

(2.) The text of the Convention and of any special conventions mentioned in article 83 of the Convention shall be posted, whenever possible, in the native language of the prisoners of war in a prisoners of war camp, in a place where it may be consulted by all the prisoners.

Cash accounts.

13.—(1.) All money taken from a prisoner of war or despatched to a prisoner of war or earned by him during his captivity shall be placed to his credit in a cash account to be opened in his name by the Camp Paymaster at the prisoners of war camp, and the prisoner of war may be permitted to withdraw amounts from that account from time to time under such conditions as are prescribed by the Prisoners of War Camp Orders.

(2.) A prisoner of war shall sign his name in his own handwriting opposite entries in his cash account relating to amounts debited or credited to him.

(3.) Where money is received by a Camp Paymaster in pursuance of this regulation he shall—

(a) pay the money into a trust account opened in the name of the prisoner of war at the Commonwealth Savings Bank or a branch thereof; or

(b) pay the money into a general trust account opened at the Commonwealth Savings Bank or a branch thereof:

Provided that the Camp Paymaster may retain in his possession for petty cash purposes moneys not exceeding an amount to be fixed by the Adjutant-General.

(4.) Moneys in a trust account referred to in paragraph (a) of sub-regulation (3.) of this regulation shall not be withdrawn except by withdrawal forms signed by the Camp Paymaster and the prisoner of war.

(5.) Moneys in a trust account referred to in paragraph (b) of sub-regulation (3.) of this regulation shall not be withdrawn except by withdrawal forms signed by the Camp Paymaster and the Camp Commandant.

(6.) Accounts kept in pursuance of this regulation shall be subject to audit by the Auditor-General for the Commonwealth.

Property of prisoners of war.

14.—(1.) All property, other than money, taken from a prisoner of war shall be placed in a separate parcel, marked with his name and serial number, and kept in such place as the Camp Commandant directs until it can be returned to the prisoner of war, or otherwise disposed of in accordance with law:

Provided that the Camp Commandant may, if he thinks fit, at the request of the prisoner of war and at his expense, make special arrangements for the safe custody and insurance of jewellery or other valuables or foreign money taken from a prisoner of war or may permit the sale of any of his property by a prisoner of war and any arrangements necessary in connexion therewith.

(2.) A list of the property taken from each prisoner of war shall be made for purposes of record, and shall be signed by the prisoner of war.

Food, &c.

15.—(1.) The food ration of prisoners of war shall be equivalent in quality and quantity to that of the soldiers at the prisoners of war camp, and sufficient drinking water shall be supplied to them.

(2.) Prisoners of war shall be afforded the means of preparing for themselves such additional articles of food as they may possess.

(3.) Collective disciplinary measures affecting food shall not be permitted.

Smoking.

16. Prisoners of war may be permitted to smoke at times and places approved by the Camp Commandant.

Clothing.

17.—(1.) A prisoner of war may be permitted to wear his own clothing and to arrange for necessary replacement of articles of attire.

(2.) When necessary, clothing, underwear and footwear shall be issued to prisoners of war other than officers and persons of equivalent status who are in receipt of pay.

(3.) Facilities shall be afforded to prisoners of war for the maintenance and repair of clothing and footwear.

 

Badges and decorations.

18. A prisoner of war shall be permitted to wear his badges of rank and decorations.

Canteens.

19.—(1.) A canteen shall be established at each prisoners of war camp, at which prisoners of war may procure, at the local market price, food commodities and ordinary articles approved by the Camp Commandant.

(2.) The canteen may be conducted by the Canteens Service established in pursuance of the Australian Military Regulations.

(3.) Any profits accruing from the canteen shall be utilized for the benefit of the prisoners of war.

Issue of canteen order or tokens.

20.—(1.) The Camp Paymaster may issue to a prisoner of war whose cash account is in credit orders or tokens which may be used for the purchase of articles from the canteen:

Provided that—

(a) an officer prisoner of war or person of equivalent status shall not have in his possession at any time orders or tokens exceeding One pound in value; and

(b) any other prisoner of war shall not have in his possession at any time orders or, tokens exceeding Ten shillings in value.

(2.) Where orders or tokens are issued to a prisoner of war the value of such orders or tokens shall be debited in his Cash Account, and, if a separate bank account has been opened in his name, the amount shall be withdrawn from that account.

Hygienic measures.

21. All necessary hygienic measures shall be taken at each prisoners of war camp to ensure the cleanliness and salubrity of the camp and to prevent epidemics, and prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness, and shall be provided with a sufficient quantity of water for their bodily cleanliness.

Exercise and recreation.

22. Provision shall be made at each prisoners of war camp for games and recreation, and the Camp Commandant may require a prisoner of war who is medically fit to participate in out-door exercise.

Medical treatment.

23.—(1.) At each prisoners of war camp a camp infirmary shall be established at which prisoners of war shall receive such medical attention as they require.

(2.) If necessary, isolation establishments shall be provided for patients suffering from infectious or contagious diseases.

(3.) The camp infirmary shall be under the supervision of the Camp Medical Officer.

(4.) Where a prisoner of war has been treated at the camp infirmary, an official statement may be issued to him, upon demand, indicating the nature and duration of his illness and the treatment received.

(5.) A prisoner of war who has contracted a serious malady, or whose condition necessitates important surgical treatment, may be sent to any military or civil institution qualified to treat him, and the

Military Board shall make such arrangements as are necessary to provide for his safe custody during his absence from the prisoners of war camp.

(6.) The Camp Commandant of each prisoners of war camp shall make arrangements for the medical inspection of the prisoners of war at least once a month for the purpose of ensuring proper supervision of the general state of health and cleanliness, and the detection of infectious and contagious diseases, particularly tuberculosis and venereal complaints.

(7.) If the Camp Medical Officer at any prisoners of war camp is of opinion that vaccination or inoculation against any infectious or contagious disease is necessary in the interests of the health of any prisoner of war or in the interests of the general health of the prisoners of war in the camp, he may require the prisoner of war or any prisoner of war in the camp (as the case may be) to submit to such vaccination or inoculation, and may, subject to any direction of the Camp Commandant, take such steps as he considers necessary to effect such vaccination or inoculation.

Freedom of religion.

24.—(1.) Subject to compliance with routine and police provisions contained in these Regulations, Prisoners of War Camp Orders or the Camp Rules, prisoners of war shall be permitted complete freedom in the performance of their religious duties, including attendance at the services of their faith in the camp.

(2.) A minister of religion of any denomination who is a prisoner of war shall be allowed freely to minister to prisoners of war of the same denomination in the camp.

Saluting.

25. Soldier prisoners of war shall salute all officers of the Australian Military Forces and officer prisoners of war shall salute officers of the Australian Military Forces who are their superiors or equals in rank.

Treatment of officer prisoners of war.

26. (1.) Officers and persons of equivalent status who are prisoners of war shall be treated with due regard to their rank and age.

(2.) In order to ensure the service of officers’ camps, soldier prisoners of war of the same armed forces, and as far as possible speaking the same language, may be detached for service in those camps.

(3.) Officers and persons of equivalent status who are prisoners of war and are in receipt of pay may be required to procure their food and clothing or to meet the cost of providing their food and clothing, from their pay, and, subject to such conditions as the Camp Commandant deems necessary, may be permitted to set up and manage their own messes.

Pay of officer prisoners of war.

27.—(1.) The Minister may make orders fixing rates of pay to be credited to officer prisoners of war and persons of equivalent status in accordance with the Convention.

(2.) All pay due to any prisoner of war under the last preceding sub-regulation shall be paid at least once a month to the credit of his cash account established pursuant to regulation 13 of these Regulations.

Transfer of prisoners of war

28.—(1.) Prisoners of war who are sick shall not be transferred from one prisoners of war camp to another if their recovery might be prejudiced by the journey, except in cases where such transfer is necessary for military reasons.

(2.) In the event of transfer, prisoners of war shall be officially informed in advance of their new destination, and shall be allowed to take with them their personal effects, their correspondence and parcels which have arrived for them.

(3.) All necessary arrangements shall be made so that correspondence and parcels addressed to them at their former camp shall be sent on to them without delay, and sums credited to their cash accounts or bank accounts shall be transmitted to the Camp Paymaster at their new camp, who shall credit those sums to corresponding accounts at that camp.

Employment of prisoners of war.

29.—(1.) Soldiers who are prisoners of war may be required to perform any work for which they are physically suited, provided that they shall not be required to perform work which is dangerous or unhealthy, or work which has any direct connexion with the operations of the war or which consists of the manufacture or transport of arms or munitions of any kind or of the transport of material designed for combatant units.

(2.) Non-commissioned officers who are prisoners of war may be compelled to undertake only supervisory work unless they expressly request remunerative occupation.

(3.) Officers and persons of equivalent status who are prisoners of war shall not be employed as workmen unless they expressly request remunerative occupation.

(4.) The duration of the daily work of prisoners of war, including the time of the journey to and from work, shall in no case exceed that permitted for civil workers of the locality employed on the same work. Each prisoner shall be allowed a rest of 24 consecutive hours each week, preferably on a Sunday.

(5.) The Minister may enter into agreements with State instrumentalities, local government authorities and private persons (including companies and firms) for the employment of prisoners of war, and may make orders for regulating the conditions of such employment and for ensuring the proper care, maintenance, treatment and payment for the services of prisoners of war employed in pursuance of any such agreement.

(6.) Prisoners of war in a prisoners of war camp may be organized into labour detachments to perform work in areas away from the camp, provided that they shall not be sent to an area where they would be exposed to the fire of the fighting zone. The conditions governing a labour detachment shall be similar to those existing in the camp to which it is attached, particularly as concerns hygienic conditions, food, care in case of accidents or sickness, correspondence and the reception of parcels, and may be regulated by the Camp Commandant in accordance with these Regulations, the Prisoners of War Camp Orders and any Camp Rules applicable to the prisoners of war in the detachment.

(7.) Prisoners of war shall not be paid for any work done by them in connexion with the administration, internal arrangement and maintenance of prisoners of war camps.

(8.) Prisoners of war employed on other work shall be entitled to a rate of pay to be fixed by agreements between the belligerents. Pending the conclusion of such agreements, remuneration for such work shall be at such rates as are approved by the Minister.

Exemption from postal and railway charges.

30.—(1.) Letters and remittances of money or valuables and postal parcels addressed to prisoners of war from places outside Australia or despatched by them to places outside Australia, either directly or through the intermediary of the Prisoners of War Information Bureau, shall be exempt from postal charges.

(2.) Presents and relief in kind intended for prisoners of war shall, subject to sub-regulation (3.) of this regulation, be exempt from all import or other duties and from charges for carriage on railways operated by the Commonwealth or a State.

(3.) Parcels from abroad addressed to prisoners of war and containing dutiable articles which there is reason to believe are not bona fide presents shall be withheld from the addressees pending reference by the Camp Commandant to the Collector of Customs with a view to the assessment and charge of duty.

Outward letters and communications

31.—(1.) Subject to censorship, and to such restrictions and conditions as are imposed by these Regulations and the Prisoners of War Camp Orders, a prisoner of war shall be allowed to send two letters or postcards in each week:

Provided that a prisoner of war shall not be allowed to send two letters on the same day except in cases where special circumstances exist and then only with the permission of the Camp Commandant.

(2.) The Prisoners of War Camp Orders may prescribe conditions as to the length of letters sent by prisoners of war, the stationery to be used, and any requirements necessary for purposes of censorship.

(3.) A prisoner of war shall not be permitted—

(a) to send cables or wireless communications overseas, either directly or through a third person; or

(b) to send letters by air mail or telegrams unless exceptional circumstances exist, and then only with the approval of the Camp Commandant and at his own expense.

(4.) So far as possible, facilities shall be afforded for the transmission of documents such as powers of attorney and wills addressed to prisoners of war or signed by them, and, in case of need, for the legalization of the signatures of prisoners of war.

Outward parcels.

32. The despatch of outward parcels by prisoners of war shall be allowed only in cases where permission is granted by the Camp Commandant on account of exceptional circumstances.

Censorship of letters and parcels.

33.—(1.) All outward letters and postcards and all parcels shall be sent for censorship to the Post and Telegraph Censorship Authority at the capital or principal city or town of the State or Territory in which the prisoners of war camp is situated.

(2.) All letters, postcards and parcels sent from a prisoners of war camp shall be clearly stamped with a rubber stamp showing the number of the camp.

Local censorship.

34. In addition to censorship by the Post and Telegraph Censorship Authority, the Camp Commandant may institute such local examination of letters, postcards and parcels despatched by or addressed to prisoners of war as he considers necesary, but care shall be taken to ensure that communications are not delayed unduly.

Inward letters.

35.—(1.) Subject to censorship, and to the Prisoners of War Camp Orders, no limit shall be imposed on the number of letters and postcards a prisoner of war may receive, but he shall not be permitted to receive picture postcards or letters containing pictures or drawings of a suspicious or objectionable nature.

(2.) The Camp Commandant may arrange for all inward letters, whether registered or not, to be opened to enable the Camp Paymaster to extract any remittances of money contained therein. Amounts extracted shall be credited to the prisoner of war’s cash account and dealt with in accordance with regulation 13 of these Regulations, and a receipt shall be given to the prisoner of war. A similar procedure shall be adopted in the case of telegraphic money orders.

Inward parcels.

36.—(1.) Subject to these Regulations and the Prisoners of War Camp Orders, prisoners of war may receive parcels containing foodstuffs and other articles intended for consumption or clothing, and shall be permitted to send a formal acknowledgment of the receipt of any such parcels.

(2.) The formal acknowledgment shall be by postcard, and shall not be deemed to be one of the letters referred to in regulation 31 of these Regulations.

(3.) Parcels addressed to prisoners of war shall not be delivered until they have been examined by the Camp Commandant or an officer thereto authorized by the Camp Commandant. The examination shall be effected under such conditions as will ensure the preservation of any foodstuffs which they may contain, and shall, if possible, be done in the presence of the addressee or a representative duly recognized by him.

Books and music.

37.—(1.) Prisoners of war shall be allowed to receive books (other than books containing hostile sentiments or propaganda) and music, but consignments received by post shall be examined by the Camp Commandant or an officer thereto authorized by him, who may, at his discretion, withhold any book or piece of music from delivery to the addressee.

(2.) All purchases of books and music by a prisoner of war shall be made through the Camp Commandant or an officer thereto authorized by him.

Letters, &c., where prisoners of war are in civil or military hospitals.

38. When any prisoner of war is admitted to a civil or military hospital or other institution, the Commandant of the camp from which the prisoner of war has been moved shall make such arrangements as are necessary to ensure that—

(a) the medical officer in charge of the hospital or institution is advised as to the length and frequency of letters which the prisoner of war is allowed to write;

(b) all letters despatched by the prisoner of war are sent for censorship to the Post and Telegraph Censorship Authority at the capital or principal city or town of the State or Territory in which the hospital or institution is situated; and

(c) parcels addressed to the prisoner of war are despatched to the camp for censorship.

Library.

39.—(1.) A library may be established at each prisoners of war camp.

(2.) Subject to the approval of the Camp Commandant, books received from representatives of the protecting Powers and authorized relief societies may be included in the library.

Petitions and complaints.

40.—(1.) Prisoners of war shall be allowed to bring to the notice of the Camp Commandant petitions concerning the conditions of their captivity.

(2.) Prisoners of war shall be allowed to communicate with the representatives of the protecting Powers in order to draw their attention to the points on which they have complaints to make with regard to the conditions of their captivity.

(3.) Such petitions and complaints shall be transmitted without delay, and the prisoners of war shall not be liable to punishment if they are found to be groundless.

Representative of protecting Power may visit camps.

41. Upon the request of the representative of a protecting Power or his recognized delegate, the Camp Commandant of a prisoners of war camp shall permit him to visit the camp and to converse with any prisoner of war who desires to speak to him, either personally or through the intermediary of an interpreter.

Prisoners of war representatives.

42.—(1.) The prisoners of war at a prisoners of war camp (other than an officers’ camp) may select one or more prisoners of war (as directed by the Camp Commandant) for appointment by the Camp Commandant as their representative or representatives.

(2.) If the Camp Commandant considers any prisoner of war so selected a suitable person to act as prisoners of war representative, he shall appoint him accordingly, and the Camp Commandant may at any time terminate the appointment of a prisoners of war representative and require the prisoners of war to select another prisoner of war for appointment in his stead.

(3.) Subject to these Regulations and the Prisoners of War Camp Order, the prisoners of war representatives shall undertake the distribution of any collective consignments which may be received at the camp, and, in the event of the prisoners of war deciding to organize amongst themselves a system of mutual aid, the organization of the system shall be one of the functions of the prisoners of war representatives.

(4.) Facilities shall be afforded to prisoners of war representatives to correspond with the military authorities and the representatives of the protecting Power, and such correspondence shall not be subject to the limitations (other than censorship) imposed by these Regulations in respect of outward letters.

(5.) A prisoners of war representative shall not be transferred without being allowed the time necessary to acquaint his successor with the current business.

(6.) When the prisoners of war representatives are employed as workmen, their work as representatives of the prisoners of war shall be reckoned in the compulsory period of labour.

(7.) In officers’ camps the senior officer prisoner of war of the highest rank shall be recognized as intermediary between the camp authorities and the officers and persons of equivalent status who are prisoners and, for the purpose of acting as intermediary, he shall have the power to appoint an officer prisoner to assist him as interpreter in the course of conferences with the authorities of the camp.

Death of prisoners of war.

43. In the event of the death of a prisoner of war from any cause other than in pursuance of a sentence of death passed by a competent court, a coronial inquiry shall be held.

Wills of prisoners of war.

44.—(1.) Facilities shall be afforded in every prisoners of war camp to prisoners of war for making wills.

(2.) Every will so made in a camp by a prisoner of war shall be preserved by the Camp Commandant, until the release or death of the prisoner of war when it shall be delivered to the prisoner of war or transmitted to the Prisoners of War Information Bureau, as the case requires.

Burial of prisoners of war.

45. A prisoner of war who dies during his captivity shall be honourably buried and proper arrangements shall be made to ensure that his grave bears a record of his name, rank and regimental or other number, and is treated with respect and suitably maintained.

Prisoners of war Information Bureau.

46.—(1.) The Commandant of a prisoners of war camp shall inform the Prisoners of War Information Bureau, as soon as possible, of the particulars of identity of all prisoners of war arriving at his camp, and of all transfers, releases on parole, repatriations, escapes, stays in hospital and deaths of prisoners of war in his camp.

(2.) The Commandant shall forward to the Prisoners of War Information Bureau, as soon as possible, all moneys standing to the credit of a cash account, personal effects, valuables, correspondence, pay-books, and identity tokens which have been left by any prisoner of war who has been repatriated or released on parole or escaped or died.

(3.) At the time of forwarding the particulars, moneys or things as required by sub-regulations (1.) and (2.) of this regulation to the Prisoners of War Information Bureau, the Commandant shall forward two copies of the particulars, or of a list of the moneys or things, to the Officer in Charge of the District Records Office.

(4.) On receipt of the copies of the particulars or list mentioned in sub-regulation (3.) of this regulation, the Officer in Charge of the District Records Office shall forthwith forward one of such copies to the Officer in Charge of Records Second Echelon.

Compliance with Regulations, &c. by prisoners of war.

47.—(1.) A prisoner of war shall comply with the provisions of these Regulations and the prisoners of War Camp Orders and the Camp Rules which apply to him, shall obey all lawful orders issued to him by officers or soldiers or by any other persons having authority over him by virtue of these Regulations or those Orders or Rules, and shall not do or be guilty of any act, conduct, disorder or neglect prejudicial to the safety or well-being of the Commonwealth, its armed forces, subjects or property or to the safe custody, control or well-being of any prisoner of war (including himself) or to good order and discipline among prisoners of war.

(2.) A prisoner of war shall not—

(a) treat with disrespect the representative of the protecting Power, any officer or soldier, or any person employed in connexion with the prisoners of war camp;

(b) converse with, communicate with or signal to any person outside his own compound or, except with the express permission of an officer of the camp staff, converse with any person other than fellow prisoners of war or officers or members of the camp staff acting in the execution of their duty;

(c) except with the permission of an officer or soldier of the guard, approach within three yards of the boundary fence of the camp or any fence in the camp;

(d) escape or attempt to escape or aid any escape or attempted escape from a prisoners of war camp or from captivity;

(e) have in his quarters or possession any article in contravention of the Regulations or of the Prisoners of War Camp Orders or the Camp Rules;

(f) swear, curse or use any abusive, insolent, indecent, threatening or other improper language or gesture;

(g) create any unnecessary noise or disturbance;

(h) wilfully disfigure or damage any part of the prisoners of war camp or any Commonwealth property to which he has access;

(i)interfere in any way with the lights in the huts or any part of the lighting or electrical wiring system of the camp;

(j) commit any nuisance or any indecent act;

(k) use or offer personal violence to any officer or soldier or any other person employed in connexion with the camp; or

(l) offend in any way against good order and discipline.

Punishment for escape or assisting escape.

48.—(1.) A prisoner of war who escapes and is recaptured before he has been able to rejoin his own armed forces or to leave the territory occupied by the armed forces of the Commonwealth shall be liable only to summary punishment for the offence of escaping.

(2.) A prisoner of war who, after succeeding in rejoining his own armed forces, or in leaving the territory occupied by the armed forces of the Commonwealth, is again taken prisoner, shall not be liable to any punishment for the offence of having previously escaped.

(3.) A prisoner of war assisting or aiding another prisoner of war to escape or to attempt to escape shall be liable only to summary punishment.

Escape not to aggravate offence.

49. A prisoner of war when tried for any crime or offence against persons or property committed in the course of an attempt to escape shall not be liable to any increase in punishment for that crime or offence by reason only of its having been committed in the course of attempting to escape.

Prisoners of war subject to military and civil law.

50. Subject to the provisions of these Regulations, a prisoner of war shall be subject to military and civil law as though he were a member of the Australian Military Forces of equivalent rank or status on Active Service and shall be liable to the same penalties.

Powers of Camp Commandant.

51. Where a prisoner of war is charged with any offence, the Camp Commandant shall investigate the charge as soon as practicable and may—

(a) dismiss the charge if he in his discretion thinks that it ought not to be proceeded with; or

(b) where he thinks the charge ought to be proceeded with—

(i) forthwith submit a report to a superior authority, who shall give such orders as may be necessary, or

(ii) deal with the case summarily.

Powers of Camp Commandant, &c., to deal with offences.

52.—(1.) Where the Camp Commandant proceeds to deal with the case summarily under the last preceding regulation, he shall hear the charge as soon as practicable.

(2.) At the hearing the Camp Commandant shall, as far as possible, observe the rules relating to procedure and reception of evidence applicable in the case of a Commanding Officer dealing with a charge against a soldier of the Australian Military Forces, and the prisoner of war shall be given an opportunity to defend himself.

(3.) If the Camp Commandant so directs, or if the prisoner of war so demands, the evidence of all witnesses shall be taken on oath or affirmation, and for this purpose the Camp Commandant shall have power to administer oaths and affirmations.

(4.) Any affirmation taken pursuant to sub-regulation (3.) of this regulation shall have the same force and effect, and shall entail the same liability, as an oath.

(5.) If the prisoner of war admits his guilt or if the Camp Commandant finds the charge proved, he may impose one of the following punishments (in these Regulations referred to as summary punishments)—

(a) detention in detention barracks for any period not exceeding twenty-eight days; or

(b) confinement to quarters for any period not exceeding fourteen days, during which period the prisoner of war shall be required to answer his name at uncertain hours throughout the day, and shall be employed on extra fatigue duties;

and may deprive the offender of any privileges which he has been granted:

Provided that—

(a) the maximum period of twenty-eight days’ detention shall not be exceeded notwithstanding that there are several acts constituting offences, whether such acts are connected or not; and

(b) where, during the course or after the termination of a period of detention, a prisoner of war is sentenced to a fresh term of detention by summary award, a period of at least three days shall intervene at the termination of the former award or between each of the periods of detention, as the case may be, if one of such periods is ten days or over.

(6.) Collective penalties shall not be imposed for individual acts, and no punishment may be awarded in excess of, or different from, that prescribed for acts of a similar nature when committed by members of the Australian Military Forces.

Commencement of summary punishment.

53. The term of detention when awarded by a Camp Commandant in days shall begin on the day of the award. The term of detention when awarded in hours (up to a total of 168 hours) shall begin at the hour when the prisoner under sentence is received at the detention barracks to which he is committed, or, if he has not been sooner received into the detention barracks, shall begin on the day after the day of award at Two o’clock in the afternoon.

Execution of sentence of detention awarded by Camp Commandant or officer commanding.

54.—(1.) A sentence of detention awarded by a Camp Commandant in pursuance of regulation 52 of these Regulations shall be executed in such manner as the Adjutant General from time to time directs, or, if no such direction is given, as if the prisoner under sentence were a soldier of the Australian Military Forces under sentence of detention awarded by his commanding officer, and during such detention he shall be subject to the like provisions as would be applicable to that soldier:

Provided that—

(a) a prisoner of war on whom a summary punishment is inflicted shall not be deprived of the privileges attaching to his rank;

(b) an officer prisoner of war or person of equivalent status who suffers detention shall not be placed in the same detention barracks as non-commissioned officers or private soldiers undergoing detention; and

(c) a prisoner of war undergoing summary punishment shall not be subjected to treatment less favorable than that prescribed, as regards the same punishment, for members of the Australian Military Forces.

(2.) A prisoner of war undergoing detention shall be afforded facilities for reading and writing, and shall be permitted to send and receive letters in accordance with the provisions of these Regulations.

Limitation of punishment.

55. A prisoner of war shall not be punished more than once for the same act or on the same charge.

When prisoner to be tried.

56. Where the authority to whom a case has been submitted under regulation 51 of these Regulations considers that the charge cannot properly be disposed of in any other manner, he shall take steps to bring the accused to trial before a military court, or may, as an alternative, in the case of a civil offence, take such action as may be necessary to bring the accused before a civil court of criminal jurisdiction having jurisdiction to try the accused for the offence charged.

Notice to be given of intended trial.

57. As soon as possible after it has been decided to try a prisoner of war by a military court or a civil court, and in any case not less than three weeks before the date fixed for the commencement of the

trial, a notification shall be sent through the appropriate channel to the representative of the protecting Power, giving the following particulars:—

(a) Rank or civil status of the prisoner;

(b) Place of residence or detention;

(c) Statement of the charge or charges, and of the legal provisions applicable; and

(d) Date and place of trial, and court before which trial will take place.

Convening of military courts.

58. A military court for the trial of a prisoner of war shall be convened by the Governor-General or—

(a) in the case of an officer prisoner of war—by any officer to whom the Governor-General has delegated the power to convene general courts-martial;

(b) in the case of a soldier prisoner of war—by any officer to whom the Governor-General has delegated the power to convene district courts-martial.

Procedure pending trial.

59.—(1.) A prisoner of war for whose trial a military court has been ordered or who is about to be tried by a civil court of competent jurisdiction shall be afforded proper opportunity of preparing his defence, and, as far as practicable, shall be allowed free communication with his witnesses, and with any friend, defending officer, or legal adviser with whom he may wish to consult, and, if necessary, to have recourse to the offices of a competent interpreter.

(2.) Failing a choice of an advocate on the part of the prisoner of war the protecting Power may procure an advocate for him. A list of persons qualified to conduct the defence shall be furnished to the protecting Power on request.

(3.) The representatives of the protecting Power shall be allowed to attend the trial, except where the hearing has to be kept secret in the interests of the safety of the Commonwealth, in which case the representatives of the protecting Power shall be notified accordingly.

Constitution of military court except for trial of an officer.

60. A military court for the trial of a prisoner of war other than an officer prisoner shall consist of not less than three officers, none of whom shall have been officers for less than two years unless, in the opinion of the convening authority (which shall be stated in the order Convening the court and shall be conclusive), officers having that period of service are not, having regard to the public service, available.

Constitution of military court for trial of an officer.

61. A military court for the trial of an officer prisoner of war shall consist of not less than five officers, none of whom shall be of lower rank than the rank corresponding to that of the accused, and none of whom shall have been officers for less than three years, unless, in the opinion of the convening authority (which shall be stated in the order convening the court and shall be conclusive), officers of that rank or length of service are not, having due regard to the public service, available, and in no case shall an officer under the rank of Captain be a member of a military court for the trial of a prisoner of war of equivalent rank and status to a field officer.

President of military court.

62. The president of a military court shall be of a rank not lower than that of field officer, and shall be appointed by order of the convening authority.

Jurisdiction of military courts.

63.—(1.) Subject to the provisions of these Regulations, military courts shall have power to try any prisoner of war upon any charge preferred before them for any offence which, if committed by a member of the Australian Military Forces, would be triable before a military tribunal or a civil court of criminal jurisdiction, or for any contravention by such prisoner of any of the provisions of these Regulations, the Prisoners of War Camp Orders or the Camp Rules.

(2.) The convening authority of a military court or the president or judge-advocate of the court, or, in the case of the taking of a summary of evidence in accordance with the Rules of Procedure, the convening authority or the officer before whom the summary of evidence is directed to be taken by the convening authority, may summon witnesses to attend and give evidence or produce documents, or may require any person, other than the accused, to give evidence and produce documents, and every person so summoned or required shall comply with the summons or requirement.

Challenges by accused.

64.—(1.) An accused about to be tried by a military court may object, for any reasonable cause, to the membership of any member of the court, including the president, whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of an officer objected to.

(2.) Every objection made by an accused to the membership of any officer shall be submitted to the other officers appointed to form the court, who shall decide the objection.

(3.) If the objection is in respect of the president and is allowed by one-third or more of the other officers appointed to form the court, the president shall retire, and the court shall adjourn for the purpose of the appointment of another president.

(4.) If an objection in respect of the president is allowed, the authority convening the court shall appoint another president, subject to the same right of the accused to object.

(5.) If the objection is in respect of a member other than the president and is allowed by one-half or more of the other officers (including the president) appointed to form the court, the officer objected to shall retire, and the authority convening the court shall appoint an officer to fill the vacancy, subject to the same right of the accused to object.

(6.) In order to enable an accused to avail himself of the privilege of objecting to the membership of any officer, the names of the officers appointed to form the court shall be read over in the hearing of the accused on their first assembling, and before they are sworn, and he shall be asked whether he objects to any of such officers being members of the court, and a like question shall be asked in respect of any officer appointed to serve in lieu of a retiring officer.

Administration of oaths.

65.—(1.) An oath or affirmation in the form prescribed by the Rules of Procedure shall be taken by every member of every military court before the commencement of the trial.

(2.) An oath or affirmation in the form prescribed by the Rules of Procedure shall be taken by the judge-advocate or person officiating as judge-advocate (if any), and also by every officer in attendance on a military court for the purpose of instruction (if any), and also by every shorthand writer (if any) and interpreter (if any) in attendance on the court.

(3.) Every witness before a military court shall be examined on oath or affirmation taken in the form prescribed by the Rules of Procedure.

(4.) An affirmation taken in pursuance of this regulation or of the Rules of Procedure shall have the same force and effect, and shall entail the same liabilities, as an oath.

Dissolution of military court.

66.—(1.) If a military court after the commencement of the trial is, by death or otherwise, reduced below the prescribed minimum, it shall be dissolved.

(2.) If, after the commencement of the trial, the president dies or is otherwise unable to attend, and the court is not reduced below the prescribed minimum, the convening authority may appoint the senior member of the court, if of sufficient rank, to be president, and the trial shall proceed accordingly; but if he is not of sufficient rank the court shall be dissolved.

(3.) If, on account of the illness of the accused before the finding, it is impossible to continue the trial, the military court shall be dissolved.

(4.) Where a military court is dissolved under the foregoing provisions of this regulation the accused may be tried again.

Court may be cleared for deliberation.

67. The president of a military court may, for the purpose of deliberation amongst the members, cause the court to be cleared of all other persons.

Adjournment.

68. A military court may adjourn from time to time and from place to place.

View.

69. A military court may, where necessary, view any place.

Finding on charge of civil offence.

70. Where a prisoner of war is charged before a military court with an offence, and the charge is one upon which, if he had been tried by a civil court for such an offence, he might have been found guilty of any other offence, the military court shall have power to find him guilty of that other offence.

Majority of court to decide.

71. Subject to regulations 72 and 74 of these Regulations a simple majority of the members of a military court shall decide all questions before that court.

Equality of votes in military court.

72.—(1.) In the case of equality of votes on the finding the accused shall be deemed to be acquitted.

(2.) In the case of an equality of votes on the sentence, or any question arising after the commencement of the trial except the finding, the president shall have a second or casting vote.

Scale of punishments by military courts.

73. On conviction by a military court, punishment may be awarded according to the scale following, that is to say—

(a) death;

(b) imprisonment, with or without hard labour, for life or any lesser period;

(c) detention for any term not exceeding two years; or

(d) field punishment for any period not exceeding three months:

Provided that—

(i) no punishment may be awarded in excess of that prescribed for acts of a similar nature when committed by members of the Australian Military Forces;

(ii) an offender shall not be subject to detention for more than two consecutive years, whether under one or more sentences;

(iii) for the purposes of computation and revision of punishment, detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment.

Constitution of court for sentence of death.

74. Sentence of death shall not be passed by a military court— (a) unless the court consists of five or more members; and (b) all the members thereof concur in the sentence.

Notice of sentence of death to be given to accused.

75.—(1.) Where a military court upon conviction passes a sentence of death upon a prisoner of war, the president shall, at the conclusion of the trial, cause to be transmitted forthwith to the accused, under sealed cover, a notification signed by himself setting forth the finding and sentence of the court, and any recommendation to mercy.

(2.) The president shall attach to the record of the proceedings a copy of that notification and a certificate signed by himself and dated, stating that this regulation has been complied with.

Recommendations to mercy.

76. Where a military court recommends a person under sentence to mercy, the recommendation shall be attached to and form part of the record of the proceedings of the court, and shall be promulgated and communicated to the person under sentence, together with the finding and sentence.

Confirmation of findings and sentences.

77. Subject to regulation 84 of these Regulations, the findings and sentences of a military court may be confirmed by the Governor General or—

(a) in the case of an officer prisoner of war—by any officer to whom the Governor-General has delegated the like powers in respect of general courts-martial;

(b) in the case of a soldier prisoner of war—by any officer to whom the Governor-General has delegated the like powers in respect of district courts-martial.

Revision.

78.—(1.) The authority having power to confirm the finding and sentence of a military court may send back such finding and sentence, or either of them, for revision once, but not more than once, and it shall not be lawful for the court on any revision to receive any additional evidence; and, where the finding only is sent back for revision, the court shall have power, without any direction, to revise the sentence also.

(2.) In no case shall the authority recommend the increase of a sentence, and the court may not, on revision of the sentence, either in obedience to the recommendation of an authority or for any other reason, increase the sentence awarded.

Acquittal.

79. A finding of acquittal, whether in respect of all or some only of the offences with which the accused is charged, shall not require confirmation or be subject to be revised, and shall be pronounced at once in open court, and if it relates to the whole of the offences the accused shall be discharged and returned to the custody of the Camp Commandant or other officer responsible for his control.

No confirmation by a member of a military court.

80. A member of a military court shall not have authority to confirm the finding or sentence of that court, and where a member of a court becomes confirming authority he shall refer the finding and sentence of the court to a superior authority competent to confirm the findings and sentences of the like descriptions of courts, and that authority shall be deemed to be in that instance the confirming authority.

Reference by confirming officer to superior authority.

81. An officer having authority to confirm the finding and sentence of a military court may withhold his confirmation wholly or partly, and refer such finding and sentence or the part not confirmed to any superior authority competent to confirm the findings and sentences of the like description of court, and, subject to regulation 84 of these Regulations, that authority shall, for the purpose of these Regulations, be deemed to be in that instance and to the extent of such reference the confirming authority.

Finding of guilty and sentence not valid until confirmed.

82. Subject to the provisions of these Regulations with respect to the finding of acquittal, the finding and sentence of a military court shall not be valid except insofar as they are confirmed by an authority authorized to confirm them.

Notification of sentence of death.

83.—(1.) If sentence of death is passed on a prisoner of war by a military court, or civil court of competent jurisdiction, a communication setting forth in detail the nature and the circumstances of the offence shall be addressed as soon as possible through the proper channels to the representative of the protecting Power for transmission to the Power in whose armed forces the prisoner served.

(2.) The sentence shall not be carried out before the expiration of a period of at least three months from the date of the receipt of this communication by the protecting Power.

Sentence of death not to be carried into effect until confirmed by Governor-General.

84. Sentence of death passed by a military court upon a prisoner of war shall not be carried into effect until, in addition to compliance with the other requirements of these Regulations, it has been confirmed by the Governor-General.

Mitigation, remission, commutation and suspension of sentences by confirming authority.

85. The confirming authority may, when confirming the sentence of a military court, mitigate or remit the punishment thereby awarded, or commute such punishment for any less punishment to which the offender might have been sentenced by that court. The confirming authority may also suspend for such time as seems expedient the execution of a sentence.

Confirmation notwithstanding technical or other deviation not causing injustice.

86.—(1.) Where it appears to the confirming authority that a military court had power to try a prisoner of war, and that that prisoner was charged under these Regulations with some offence, and was found on legally admissible evidence to have been guilty of that offence, that finding and the sentence may be confirmed, and, if confirmed, shall be valid, notwithstanding any deviation from the requirements of these Regulations, or any defect or objection, technical or otherwise, unless it appears to the confirming authority that any injustice has been done to the prisoner of war.

(2.) Nothing in this regulation shall relieve an officer from any responsibility for any wilful or negligent disregard of any of these Regulations.

Mitigation, remission or commutation of sentence after confirmation.

87. When a sentence of a military court has been confirmed, the punishment thereby awarded may be mitigated, remitted, or commuted for any less punishment to which the offender might have been sentenced by the said Court, by the Governor-General or—

(a) in the case of an officer prisoner of war—by any officer to whom the Governor-General has delegated the like powers in respect of general courts-martial; or

(b) in the case of a soldier prisoner of war—by any officer to whom the Governor-General has delegated the like powers in respect of district courts-martial.

Mitigation, remission and commutation may be cumulative.

88. An authority having power under regulation 85 or 87 of these Regulations to mitigate, remit or commute any punishment may do all or any one or more of those things in respect of a person subject to such punishment.

Regulations relating to original sentences applicable to sentences imposed in commutation.

89. The provisions of these Regulations with respect to an original sentence of imprisonment or detention shall apply to a sentence of imprisonment or detention imposed by way of commutation.

Orders for committal.

90. An order in writing of the Camp Commandant or of an officer thereto authorized by the Adjutant-General shall be sufficient warrant for—

(a) the committal to prison or to detention barracks of a prisoner of war sentenced by a military court to imprisonment;

(b) the committal to detention barracks of a prisoner of war sentenced by a military court or by a summary award to detention.

Commencement of sentences.

91. The term of imprisonment or detention to which a prisoner of war is sentenced by a military court, whether the sentence has been revised or not, and whether the prisoner of war is already undergoing sentence or not, shall be reckoned to begin on the day on which the record of the original sentence was signed by the president of the court.

Execution of sentences.

92. The sentence passed by a military court shall be executed in such manner as the Adjutant-General from time to time directs.

Petition by convicted prisoner of war.

93. Any prisoner of war who considers himself aggrieved by the finding or sentence of a military court may forward a petition to the confirming authority or to any authority specified in regulation 87 of these Regulations through the proper channels.

Notification of sentence.

94. In addition to the notification required by regulation 83 of these Regulations in the case of a sentence of death, particulars of all sentences pronounced against prisoners of war by a military or civil court shall be communicated immediately to the protecting Power through the proper channels.

Evidence in proceedings under these Regulations.

95. The following provisions shall apply with respect to evidence in proceedings under these Regulations:—

(a) Any warrants issued or orders made in pursuance of these Regulations shall be deemed to be evidence of the matters and things required by these Regulations or the Rules of Procedure to be stated therein, and any copies of such warrants or orders purporting to be certified to be true copies by an officer of the Australian Military Forces shall be admissible in evidence.

(b) Where an escaped prisoner of war has been apprehended by, or has surrendered himself into the custody of, any member of the Naval, Military or Air Forces of the Commonwealth, or any constable, a certificate purporting to have been signed by the member or constable and stating the fact, date and place of such apprehension or surrender shall be evidence of the matters so stated.

Rules of Procedure for military courts.

96. The Minister may make rules, not inconsistent with these Regulations, prescribing the procedure to be followed and the forms to be used in connexion with the investigation of charges against prisoners of war, the trial of prisoners of war by military courts, and the revision and confirmation of the findings and sentences of such military courts.

 

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