Naval Forces of the Commonwealth Regulations 1906 (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES

1906. No. 20.

 

REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.

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 Acts 1903–1904, to come into operation on the first day of March, 1906.

Dated this 20th day of February, One thousand nine hundred and six.

NORTHCOTE.

Governor-General.

By His Excellency’s command—

T. PLAYFORD.

All Regulations for the Naval Forces of the Commonwealth heretofore made, whether provisional or otherwise, are hereby repealed.

The black lines in the margin serve to indicate new provisions or amendments of previously existing Regulations.

 

REGULATIONS FOR THE NAVAL FORCES OF THE COMMONWEALTH 1906.

PART 1.—GENERAL REGULATIONS.

SECTION I.—PRELIMINARY.

1. In these Regulations—unless the contrary intention appears—

“Board” : means the Naval Board of Administration constituted under the Acts.

“The Secretary” : means the Officer appointed to be Secretary to the Department of Defence.

“Director” : means the Director of the Naval Forces of the Commonwealth appointed under the Acts.

“Commandant” : means the Officer appointed to command any State Division of the Naval Forces.

“Commanding Officer” : means the Senior Executive Officer for the time being on board any ship or on the shore; or the officer in command of a Division.

“Executive Officer” : means the Officer responsible for carrying on the Executive duties.

“Gunnery Officer” : means the Lieutenant or other Officer in charge of gunnery duties, and drills and instructions of Naval Forces.

“Torpedo Officer” : means the Lieutenant or other Officer in charge of torpedo duties.

“Navigating Officer” : means the Officer in charge of navigating duties.

“Medical Officer” : means the Staff Surgeon or Surgeon in charge of the medical duties.

“Accountant Officer” : means the Paymaster, Assistant Paymaster, or other officer in charge of the pay and victualling duties.

“Engineer Officer” : means the Engineer Commander or other Engineer Officer in charge of the machinery and boilers of the Naval Establishment in any State.

“Warrant Officer” includes chief gunners, chief boatswains, chief carpenters and 1st and 2nd class gunners, boatswains, artificer engineers, and carpenters.

“Seamen Class” : means any petty officers, seamen, or boys serving in the Commonwealth Naval Forces who take military command.

“Ship” : means any vessel belonging to or attached to the Commonwealth Naval Forces.

“Division” : means the Naval Militia, or Volunteer Force established at any port.

“The Acts” : means the Defence Acts 1903-04.

2. These Regulations shall not be construed to prevent the application of any provisions of the Naval Discipline Act to the Naval Forces while on active service.

3. Any matter not referred to in these Regulations is to be dealt with as nearly as possible in accordance with the King’s Regulations and Admiralty Instructions, but the latter shall constitute no authority for expenditure.

SECTION II.—COUNCIL OF DEFENCE.

Constitution.

4. The Council of Defence shall consist of regular members and consultative members.

Regular members.

The regular members shall be the Minister of State for Defence (who shall be the President), the Treasurer, the Inspector-General, the Director of the Naval Forces, and the Chief of Intelligence.

Consultative members.

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

Meetings.

Meetings or the Council shall be convened by the President. The President shall preside at all meetings at which he is present. If the President is not present at a meeting, the Treasurer, if present, shall preside; and if the Treasurer is not present, the members present may appoint one of their number to preside.

Quorum.

Three regular members shall constitute a quorum of the Council.

Secretary.

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

Minutes.

Minutes shall be kept of the proceedings of all meetings of the Council.

Powers and Functions.

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

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

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

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

SECTION III.—NAVAL BOARD.

5. Constitution of a Board of Administration for the Naval Forces.

Constitution.

The Naval Board shall consist of regular members and consultative members.

Regular members.

The regular members shall be the Minister (who shall be President of the Board), the Director of the Naval Forces, and the Finance Member.

Consultative members.

The consultative members, at a meeting of the Board, shall be such officers of the Citizen Naval Forces as are summoned by the President to that meeting.

Meetings.

Meetings of the Naval Board shall be convened by the President.

Minutes.

Minutes shall be kept of the proceedings of all meetings of the Naval Board.

Powers and Functions.

6. The Naval Board shall, subject to the control of the Minister, be charged with the administration of all matters relating to the Naval Forces.

The members of the Board shall severally exercise such powers and perform such duties as are from time to time assigned to them by the Minister.

SECTION IV.—POWERS AND DUTIES OF THE DIRECTOR OF THE NAVAL FORCES AND OF COMMANDANTS.

Duties of Director.

7. The Director of the Naval Forces shall inspect the Naval Forces of the Commonwealth and the vessels and all naval works; he shall report upon the results of the administration of the Forces, upon their efficiency and preparedness for war, upon the system of training, the equipment and the state of the vessels and naval works and stores.

8. He shall furnish an annual report on the 1st of January, and intermediate reports whenever he shall think fit or is so requested by the Minister.

9. He shall consider and advise on all appointments, promotions, and resignations of commissioned officers.

Rank of Director.

10. He shall, by virtue of his office, take rank and precedence as the senior officer of the Naval Forces of the Commonwealth.

Duties of Commandants.

11. (a) The Commandants shall be responsible to the Board for the command and discipline of their respective Divisions of the Naval Forces, and for the constant preparation of the ships for active service; and in case of attack, for the immediate and advantageous disposal of the forces under their command, as may be directed.

(b)They shall be responsible for proper care being taken to preserve the hull, decks, fittings, steam machinery, and boilers of all ships and torpedo boats, as well as all equipment pertaining to them.

SECTION V.—GOVERNMENT.

12. The Director and every member of the Naval Forces permanently employed shall faithfully and diligently employ the whole of their time in the service of the Commonwealth, and shall in all things obey the orders and directions of the Government.

Orders emanate from Board.

13. All orders and directions of the Government with respect to the administration of the Forces shall be communicated by the Board, and Commandants will issue the necessary orders to give effect to them. All communications intended for the Board shall be addressed to and forwarded through the Secretary.

14. If the Director or any officer at any time neglects or refuses to carry out and give full and complete effect to these Regulations, or if the Director or any officer from any cause becomes or is unable to perform his duties, the Governor-General may suspend or remove him.

Oath to be taken.

15. The Commandants shall be responsible for the prescribed oath being taken by every person (below the rank of officer) enlisting.

A 2

SECTION VI.—DUTIES OF OFFICERS.

Duties of Officers.

16. The detailed duties of, and instructions to, officers shall be as laid down in the King’s Regulations and Admiralty Instructions, in so far as they are applicable, together with such other duties as may be required by the special conditions of the Commonwealth Service, and may from time to time be ordered.

 

PART II.—PERMANENT NAVAL FORCES.

SECTION I.—ENTRIES, COMMISSIONS, AND PROMOTIONS OF OFFICERS.

17. The Minister may, on the recommendation of the Board, and subject to the qualifications and conditions hereinafter provided, recommend to the Governor-General suitable candidates for appointment to the Permanent Naval Forces.

Application.

Applications from candidates will be received by Commandants, who will forward the same to the Naval Board. When forwarding applications, Commandants will state their opinion of the fitness of each candidate for appointment.

No candidate will be accepted unless he shall be certified as fit for service by a Naval or other qualified surgeon.

For the Rank of Sub-Lieutenant.

Qualifications.

18. Candidates for appointment as Sub-Lieutenant must be under the age of 30 years, have not less than seven years’ sea-time, and must hold one of the following commissions or certificates and produce satisfactory testimonials of previous service:—

(a)Commission of Lieutenant or Sub-Lieutenant in the Royal Navy.

(b)Commission of Lieutenant or Sub-Lieutenant in the Royal Naval Reserve.

(c)Masters Certificate in the Mercantile Marine; preference to be given to qualified candidates from the Naval Militia or Volunteers.

Probationary period.

19. Sub-Lieutenants shall be entered on probation for one year, during which time they must pass the examinations in Gunnery and Torpedo work and Pilotage. On passing these examinations and satisfactorily completing the probationary period, the confirmation of their appointments may be recommended.

Failure to qualify.

20. Officers failing to pass the foregoing examinations shall not have their appointments confirmed. The term of probation may, however, on the recommendation of the Board, be extended for a further period, not exceeding six months, but any such extension of time will entail a coresponding loss of seniority in the Force. Should they then fail to pass, their appointments shall be cancelled.

21. Officers appointed from the Naval Militia or Volunteers to vacancies for Lieutenant or Sub-Lieutenant in the Permanent Forces, who have already passed the prescribed examinations for the confirmation of their rank in the Naval Militia or Volunteers, will only be required to pass a requalifying examination in Gunnery and Torpedo work.

22. Officers on probation shall not take command of any ship or torpedo boat, except under special circumstances, and with the approval of the Commandant.

For the Rank of Lieutenant.

Promotion to Lieutenant.

23. Promotion to fill vacancies in the rank of Lieutenant may be made on the recommendation of the Board from such Sub-Lieutenants as have qualified by passing the prescribed examination for Lieutenant, but Sub-Lieutenants shall not be eligible for promotion to Lieutenant unless they have completed one year’s service from the date of confirmation.

Requalifying.

24. Lieutenants and Sub-Lieutenants will be required to requalify in Torpedo and Gunnery every three years.

For the Rank of Engineer Sub-Lieutenant, or Engineer-Lieutenant.

Qualifications.

25. Candidates for the rank of Engineer-Sub-Lieutenant or Engineer-Lieutenant must hold a first-class certificate of competency recognised by the Board of Trade, and produce satisfactory testimonials of previous service, and must be between the ages of 20 and 35 years.

Probationary term.

26. Engineer-Sub-Lieutenants and Engineer-Lieutenants shall be entered on probation for one year, during which time they must pass the examinations in Whitehead Torpedo, Electricity, and on Torpedo Boats, and their special construction. On passing these examinations, and satisfactorily completing the probationary period, the confirmation of their appointments may be recommended.

For the Position of Clerk.

27. Appointments to the position of Clerk in the Accountant’s Branch of the Permanent Naval Forces will be made by the Public Service Commissioner from candidates who have passed the examination prescribed for entry into the Clerical Division of the Commonwealth Public Service.

For the Rank of Assistant Paymaster.

28. After five years’ continuous service as clerk in the Naval Forces, and on examination proving him to be qualified for the rank, a Clerk may, on the recommendation of the Board, be promoted to the rank of Assistant Paymaster.

For the Rank of Paymaster.

29. An Assistant Paymaster will not be promoted, unless a vacancy shall occur, in which case one year’s service may be deemed sufficient.

Medical Officer.

30. A Medical Officer, duly qualified as such, may be appointed Surgeon on the recommendation of the Board.

A Surgeon may be promoted to the rank of Staff or Fleet Surgeon, on the recommendation of the Board and the Principal Medical Officer.

Warrant Officers.

How appointed.

31. Men selected by the Director for promotion to the rank of Warrant Officer will be required to pass the examination laid down for that rank.

32. Gunners shall be selected by the Director from Petty Officers and Chief Petty Officers who are qualified as Instructors.

33. Boatswains, Artificer Engineers, and Carpenters shall be selected by the Director from the most suitable men who are qualified for appointment.

Examinations.

Examination Board.

34. All examinations for Officers will be conducted by a Board, composed of not less than three officers who shall be deputed for such duty by the Director, provided that in all Torpedo and Gunnery examinations, the Torpedo and Gunnery Officers respectively shall be members of the examining Board.

SECTION II.—ENTRY AND PROMOTION OF SEAMEN, STOKERS, AND BOYS.

Standard Height.

Standard measurements.

35. The minimum height for the men shall be 5ft. 4in., and the chest measurement 34 inches. Exceptions to the standard height and chest measurement may be allowed with the approval of the Director. Boys, 15 years of age; height, 4ft. 11in.; chest measurement, 29 inches.

36. All candidates must pass such medical examination as may be directed.

37. All candidates must be able to read and write.

Boys.

Boys.

38. Boys may be engaged between the ages of 15 and 18, and shall be discharged on the termination of three years’ engagement, unless there are vacancies to which they could be promoted in other ratings.

Training Seamen.

How entered

39. Seamen between the ages of 19 and 25 years may be engaged as Training Seamen for a period of three years, at rates of pay as prescribed. They must produce certificates to show they have served at least twelve months afloat. They shall be on probation for six months, and, if then found suitable in character and ability, they shall be retained to complete their period of engagement; otherwise they shall be discharged.

40. Training Seamen who have served their probationary term may, at or before the completion of their three years’ engagement, if qualified as prescribed, be rated or re-engaged as Able Seamen, and sworn in for a further term of three years.

Seamen under the age of 30 years who have previously served in the Royal Navy or in some Colonial Naval Force, and who hold an Able Seaman’s Certificate, may be enrolled as Training Seamen, provided that they produce certificates of good character and ability.

Preference shall be given to men who have served in the Naval Militia or Volunteers.

Able Seamen.

Entry direct as A.B.

41. Suitable candidates to fill the vacancies for Able Seamen may be selected, as directed by the Commandant or Commanding Officer, provided that they possess the necessary gunnery qualifications, and there are no Training Seamen qualified for the rating. Able Seamen shall not be entered when over the age of 35 years.

S.G.T.

42. In selecting candidates for the ratings of Seaman Gunner and Torpedo man, preference shall be given to men holding the rating of qualified or leading signalman, but no man shall draw the pay for the ratings of Signalman and Seaman Gunner or Torpedo man at the same time.

Petty Officers, and Leading Seamen.

L.S., P.O., and C.P.O.

43. Leading Seamen are to be rated from qualified Able Seamen holding the rate of Seaman Gunner or Torpedo man; and Seamen Petty Officers from Leading Seamen; and Chief Petty Officers from Petty Officers.

44. The Commanding Officer shall be responsible for the best and fittest men being selected, and due consideration is to be given to the senior man qualified.

Instructors.

G.I. and T.I.

45. Gunnery and Torpedo Instructors must hold a rate not lower than Leading Seaman, and shall be selected by the Commandant from those who have passed the necessary examinations.

Stokers, Leading Stokers, and Chief Stokers.

How entered.

46. Stokers between the ages of 19 and 30 years may be engaged as Training Stokers for a period of three years.

They should be able to produce 12 months’ discharges of previous service as a Stoker in Royal Navy or Mercantile Marine.

They shall be on probation for six months, and, if then found suitable in character and ability, shall be retained to complete their period of engagement; otherwise they shall be discharged.

Training Stokers who have served their probationary term may, at or before the completion of their three years’ engagement, if qualified, be rated or re-engaged as Stokers, and sworn in for a further term of three years.

Entry direct as stoker.

Suitable candidates to fill the vacancies for brokers may be selected, as directed by the Commandant or Commanding Officer, provided that they possess the necessary qualifications, and there are no Training Stokers qualified for the rating. Stokers shall not be entered when over the age of 35 years.

Promotion.

47. Promotion to the rates of Leading Stoker and Chief Stoker shall be made by the Commandant or Commanding Officer on the recommendation of the Engineer Officer from candidates who have passed the prescribed examination.

Engine-room Artificers.

Conditions of entry.

48. Candidates must be between the ages of 22 and 30, and produce satisfactory testimonials of previous service.

49. They are required to be able to read, to write legibly, and to know the first four rules of arithmetic.

50. They must have served five years’ apprenticeship at either of the engineering trades, viz.:—As engine-fitter and turner, or boiler-maker, engine smith, copper-smith, or pattern-maker, of which they must prove that they have worked not less than three years at the making or repairing of Marine engines and boilers.

51. They will be required to pass a practical test of ability as mechanics in either of the above trades in the Naval Force workshop, or any Government shop or factory.

52.The period of engagement shall be three years.

Probationary term.

The first year shall be on probation. On the termination of the probationary period they are to be examined for confirmation in the rating. Failing to pass, the rating shall not be confirmed.

53. The Commandant may, however, on the recommendation of the Engineer Officer, extend the probationary period for another six months.

Concealment of Disease and Producing False Papers.

Summary dismissal.

54. Any member who is discovered to have been, at the time of engagement, suffering from disease, or to have sustained injury which incapacitates him from duty, and who has concealed such disease or injury, or who is discovered to have made any false representations, or have produced any false papers on the occasion of engagement, may be summarily dismissed by the Governor-General, and will be liable to forfeit all claims to pay or other advantages of the service.

SECTION III.—RETIREMENTS AND RESIGNATIONS.

Officers.

Retiring age.

55. Captains shall retire at the age of 60.

Commanders shall retire at the age of 55.

Lieutenants shall retire at the age of 50.

Engineer Officers shall retire at the age of 55.

Paymasters shall retire at the age of 60.

Warrant Officers shall retire at the age of 55.

Extension of service.

But the Governor-General may, nevertheless, on the recommendation of the Board, require any officer who would otherwise so retire, notwithstanding; his age, to continue to perform his duty for a period not exceeding two years.

Unattached and Retired List.

56. Any officer applying may be placed on the Unattached List. Officers on the Unattached List shall not, unless special authority is given, receive any pay. The services of Unattached Officers shall at all times be at the disposal of the Commandants.

Unattached Officers, other than those on Staff employ, shall not perform any duty unless ordered to do so by the Commandant.

All officers on the Unattached or Retired Lists shall report themselves in writing once a year to the Commandant in the State in which they reside. Failing this their names may be removed from the Forces List.

Cancelling of resignation.

57. The Governor-General may, on the recommendation of the Board, cancel the resignation of any officer who has been employed in the Forces since the commencement of the Acts, and may place him on the Unattached List or the Retired List.

Honorary Rank.

When granted.

58. Officers not under the rank of Lieutenant, after ten years’ commissioned service in the Naval Forces, may be allowed to retire, with permission to retain their rank and wear their uniform, and may, on the recommendation of the Board, be accorded a step of honorary rank.

To Chief Warrant Officers.

59. Chief Warrant Officers who have served not less than ten years in such rank may be granted, on the recommendation of the Board, the honorary rank of Lieutenant on retirement.

SECTION IV.—DISCHARGES, RETIREMENTS, AND DISMISSALS.

Petty Officers, Seamen, and Others.

Discharge by purchase.

60. Petty Officers, Seamen, and others below the rank of Warrant Officer, shall be permitted, subject to the approval of the Commandant, to purchase their discharge on the following terms:—

(a) With less than two years’ service............................................

£10

(b) Over two, and under three years’ service.................................

£5

But such payments may be waived by the Board on the recommendation of the Commandant.

Discharge for unfitness, &c.

61. A Commandant may discharge any Petty Officer or member below the rank of Petty Officer for unfitness, negligence, or misconduct, independently of any other punishment to which he may by law be subject, but the member before being so discharged shall be notified in writing of the charge against him, and shall be given an opportunity of showing cause against it.

Dismissal.

62. The Governor-General may dismiss any Petty Officer or other person below the rank of Petty Officer for misconduct. All dismissals shall be notified in the Gazette.

Fine on dismissal.

63. Any man dismissed from the service shall forfeit to the Government the amount he would have to pay if purchasing his discharge on the day of the misconduct for which he was dismissed; but the Board shall have power, if it sees fit, to remit a portion of the same.

Retirement for All.

Retiring age—P.O.s and men.

64. Chief Petty Officers, and members below the rank of Warrant Officer, shall be discharged on reaching the ages mentioned below, viz.:—

Chief Petty Officers and Petty Officers.........................................

55 years.

All other ratings..........................................................................

50 years.

Extension of service.

Should, however, it be considered by a Commandant necessary in the interests of the Force to retain the services of any member who would be

otherwise discharged, he may recommend, for the approval of the Board, that the said member be, notwithstanding his age, retained for a period not exceeding two years.

All such recommendations are to be accompanied by a report as to medical fitness; and no extension will be granted for a longer period than one year at a time.

SECTION V.—INTERIOR ECONOMY.

Offences—Punishments.

Disrating

65. The Officer Commanding any ship or division of the Naval Forces may summarily reduce in rank any Petty Officer for misconduct or inefficiency; but the Petty Officer so disrated shall be notified in writing of the charge against him, and shall be given an opportunity of showing cause against it, when he may be heard in his defence, together with any witnesses whom he may call on his behalf.

Offences and Punishments.

66. Commandants may punish members of the Naval Forces in respect of the following offences by punishments, according to the following scale:—

Offences.

Punishments.

(1) Disobedience of orders...............................

(2) Disrespect..................................................

(3) Drunkenness..............................................

Fine not exceeding £5, and also forfeiture of fourteen days’ pay, or stoppage of leave

(4) Smuggling liquor into ship or boat or naval premises or place of duty on shore

(5) Quitting ship, boat, working party, or other duty, or being absent without leave under any other circumstances

(6) Breaking leave...........................................

(6) Fine, one day’s pay for every twelve hours’ absence after the expiration of his leave, but not to exceed fourteen days’ pay together with the stoppage of pay for all time of improper absence over twelve hours, and also stoppage of leave

‘(7) Wilfully or by neglect losing or damaging any Government property

(7) Fine not to exceed £ 2,and in addition he may be charged with the cost of property destroyed

(8) Neglect of duty..........................................

(8) Fine not to exceed £1, with or without stoppage of leave

(9) Any act, conduct, disorder, or neglect to the prejudice of good order and Naval discipline, not specified in the foregoing

(9) Fine not to exceed £5, with or without stoppage of leave or reprimand

What stoppage of leave means.

In the Regulations stoppage of leave means confinement in barracks or on board ship, for a period not exceeding 21 days, of which seven days may be imprisonment.

Reprimand.

Reprimand by the Commanding Officer is confined to Petty Officers and Leading Seamen, and may be recorded or not.

Minor Offences.

Punishments.

(10) Talking or inattention at drill

(10) A fine of 2s. 6d., or extra drill not to exceed two hours a day for seven days

(11) Appearing improperly dressed

(11) Fine 2s. 6d.

(12) Neglect to notify change of address within seven days

(12) Fine 2s. 6d.

 

67. The Officer Commanding any ship or division may, if thereto authorized in writing by the Commandant, punish members of the Naval Forces according to the above scale, but so that a fine imposed shall not exceed 5s., and stoppage of leave shall not exceed fourteen days.

Stoppage of pay.

68. No member of the Naval Forces shall receive any pay or allowances whilst under any charge of which he is afterwards convicted by any court, or while under sentence of imprisonment by any court, or during absence from duty without leave.

Change of Residence.

69. Every officer and man shall give immediate notice to his Commanding Officer of any change of residence, or of the place to which letters and notices are to be addressed; and also whenever he is about to proceed beyond the limits of the State in which he is serving.

Leave of Absence.

Recreation leave.

70. A Commandant may, at such times as he deems convenient, grant to any person regularly employed leave of absence for any periods not exceeding in the whole three weeks in each year; and also one day’s leave of absence for each public holiday on which such person has been on duty, provided that leave is not granted for more than five public holidays in each year, which shall be New Year’s Day, Good Friday, Easter Monday, Christmas Day, and the day following.

Subject to the requirements of the Service, Commandants shall make such arrangements as will allow each officer and man under their command leave of absence annually according to the foregoing Regulations, but if it is found impracticable to grant such leave in any year, or for any other sufficient reason, Commandants may permit the leave to be taken in the following year in addition to the leave for such year, provided that in other cases leave not taken during the year it accrues shall lapse.

Furlough.

Long leave.

71. Leave of absence may be granted by the Governor-General, on the recommendation of the Board, to any member who has continued in the service of the Commonwealth, or, in the case of members transferred, in the service of a State and the Commonwealth, at least twenty years, for a period not exceeding twelve months on half-pay, or six months on full pay, but during such period of absence such member shall not be entitled to receive any addition to his rate of pay. No such leave of absence shall be granted to any member whose conduct has at any time during such service been unsatisfactory.

Sick Leave.

Sick leave.

72. In cases of illness or of pressing necessity, the Board, on the recommendation of a Commandant, may grant extended leave of absence to any person in accordance with the scale laid down in the Financial and Allowance Regulations.

Member to report absence through illness.

73. Any person remaining on shore without leave, owing to illness, shall without delay send notice to his Commanding Officer, who shall cause inquiry to be made into his case. Persons failing to comply with this Regulation shall be liable to the penalties for absence without leave.

Illness from Indiscretion or Misconduct.

Penalty.

74. All persons serving in the Permanent Naval Forces, when under medical treatment for disease resulting from their own indiscretion or misconduct, shall be mulcted of one-half of their daily pay during the time they are off duty; and the medical officer shall furnish a certificate to the Commanding Officer of such persons who are under treatment from the effect, in his opinion, of such indiscretion or misconduct; and such certificate shall be the authority for the Commanding Officer for placing such persons under stoppage. Half-pay, however, will not be granted for a longer period of absence from duty than 28 days, after which all persons suffering from such diseases shall be placed under stoppage of the whole of their pay.

Penalty.

75. Concealment of a contagious disease, such as small-pox, measles, scarlet fever, diphtheria, typhoid fever, &c., and also of any venereal disease, from the knowledge of the Medical Officer (or, in his absence, of the Commanding Officer) will be considered as an offence against the Regulations, and any person in the Permanent Naval Forces who is guilty of such offence shall be placed under stoppage of the whole of his pay during such period as he may be under medical treatment and absent from duty.

Desertion.

76. If any person belonging to the Permanent Naval Forces absents himself without leave, he shall be checked in the books the day following his absence; and, at the expiration of seven days, if he has not returned, shall be deemed to have deserted, and shall be liable to the penalties for desertion.

Record.

77. A record of every man, and his service, shall be kept at the Head-quarters of every State division.

SECTION VI.—UNIFORMS.

Officers.

78. Officers and men shall wear the uniform prescribed in the King’s Regulations for officers and men of the Royal Navy (as set forth in the Dress Regulations for officers of H.M. Navy, at the date of these Regulations coming into force), with the following modifications:—

(a)In the Executive Branch, instead of the loop worn on the upper stripe, a triangle is to be substituted, of ¾ inch inside diameter.

(b)Chief Warrant Officers to wear ½ inch lace, with same device.

(c)First-class Warrant Officers to wear ¼ inch lace, with same device.

(d)Second-class Warrant Officers the same as first-class, but with buttons on the sleeves of coat instead of lace.

(e) Officers are not obliged to provide themselves with full dress. No. 3 dress may be worn by such officers in lieu of No. 1, on occasions when otherwise No. 1 would be ordered.

Non-executive officers.

79. In the Civil Branches, the uniform is to be the same as in the Royal Navy, excepting that all officers in the Civil Branches will wear a gold star, of the same dimensions as that worn on the epaulettes, on the centre of the cuff, one inch above the distinguishing stripe or stripes.

Ship’s company.

80. Petty officers, men, and boys shall wear uniform similar to that in the Royal Navy, except that when detailed for duty on any ship of the Naval Forces they shall wear cap ribbons with H.M.A.S. preceding the name of such ship. (See Table I.)

Free issue to boys.

81. Boys on first joining the Permanent Force will be provided with clothing as follows:—

1 blue serge suit.

1 white duck suit.

2 flannels.

1 silk handkerchief.

1 cap and cover.

After completing two months’ service to the satisfaction of the Commanding Officer, boys will be provided with clothing necessary to complete their kit, as prescribed.

Servants, cooks, and stewards—

Stewards, &c.

Jacket: Blue cloth; brass buttons, six in number, crown and anchor.

Waistcoat: Blue cloth, five brass buttons.

Trousers: Blue cloth.

Cap: Blue cloth with peak, and two brass buttons for chin-strap.

They may be permitted to wear also a serge suit, with tunic and brass buttons.

TABLE I.

Dress for Petty Officers and Men.

Blue Check Shirts.

Duck Jackets.

Cloth Jackets

Serge Jackets.

Cloth Trousers.

Serge Trousers.

Cloth Vest.

Serge Vest.

Duck Trousers.

White Shirts.

Necktie.

Caps.

Cap Covers.

Boots.

Socks.

Serge Jumpers.

Serge Trousers.

Duck Jumpers.

Duck Trousers.

Flannels.

Caps

Cap Covers.

Silk Neckerchiefs.

Dickies.

Cap Ribbons.

Boots.

Socks.

Knife and Lanyard.

White Hat.

Jersey.

Canvas Suits.

Chief Petty Officers.......................................

2

..

1

1

1

1

1

1

2

2

1

2

2

1

2

..

..

..

..

..

..

..

..

..

..

..

..

..

..

..

Seamen Class.......................................

2

..

..

..

..

..

..

..

..

..

..

..

..

..

..

3

3

2

2

2

2

2

2

2

2

1

2

1

1

1

..

Stokers.......................................

2

..

..

..

..

..

..

..

..

..

..

..

..

..

..

2

2

2

2

3

2

2

2

2

2

1

2

1

1

1

2

Cooks and Stewards.......................................

2

..

1

1

1

1

1

1

2

2

1

2

2

1

2

..

..

..

..

..

..

..

..

..

..

..

..

..

..

..

..

Carpenters.......................................

2

2

..

1

..

1

..

1

2

2

1

2

2

1

2

..

..

..

..

..

..

..

..

..

..

..

..

..

..

..

..

Note.—With the approval of the Board, Commandants may make such alteration in Table II. for the increase of white or blue clothing as the climate of the State may require.

SECTION VII.—CANTEENS.

Who establishes.

82. When judged necessary by the Commandant, canteens may be established for the supply of refreshments to bonâ fide members of the Forces only.

Committee of Management.

83. There shall be a Committee of Management appointed by the Commandant, consisting of not less than five (5) persons, of whom at least one shall be a Commissioned Officer.

Audit.

84. There shall be a quarterly audit of the canteen accounts by the Accountant Officer, and also on the conclusion of a cruise, and a report and statement submitted to the Commandant.

85. The liquors and stores supplied in such canteens must be the property of the ships’ companies for whose benefit the canteens have been established. Canteens shall not be farmed out to contractors.

86. The stores shall be under the charge of the ship’s steward, who will receive a percentage, to be approved by the Commandant, for the due care of the same.

87. The Committee shall be responsible that accounts for stores are promptly settled.

88. The hours of issue at canteens shall be the dinner hour and from after evening quarters until evening rounds, or such as the Commandant may order

Prices.

89. Prices will be fixed at a minimum to cover working expenses and probable losses in issue, and any profits will be utilized, at the discretion of the Commandant, in providing games, gymnastic gear, &c., for recreation purposes, or for necessary expenditure for the benefit of the ship’s company.

Boys and Cadets.

90. Boys and Cadets shall not, under any circumstances, be allowed to enter or be served with any intoxicating liquor at any canteen where such may be sold.

91. The Commandant may, at his discretion, exclude any individual at any time.

92. Personal accounts shall be limited to a reasonable amount, according to rank.

 

PART III.—NAVAL MILITIA AND VOLUNTEERS.

SECTION I.—ENTRIES, COMMISSIONS, AND PROMOTION OF OFFICERS.

Qualifications for Sub-Lieutenant.

93. The Minister may, on the recommendation of the Board, and subject to qualifications and conditions hereinafter provided, recommend to the Governor-General suitable candidates for appointment as Commissioned Officers to the Naval Militia and Volunteers. No candidate will be accepted unless he shall be certified as fit for service by a Naval or other qualified surgeon. For the rank of Sub-Lieutenant candidates must be between the ages of 19 and 45, and hold one of the following commissions or certificates—

(a) Commission of Lieutenant or Sub-Lieutenant, R.N.

(b) Commission of Lieutenant or Sub-Lieutenant, R.N.R.

(c)Master’s or Mate’s certificate of the Mercantile Marine, or certificates in Navigation and Seamanship similar to those granted to yacht-owners.

Preference will be given to candidates holding R.N. or foreign-going Masters’ certificates in the Mercantile Marine.

Applications.

Applications will be received as set forth in Regulation 17, paragraph 2.

As to probationary period and examinations, Regulations 19 and 20 for Permanent Force shall apply.

Promotion to Lieutenant.

94. For the rank of Lieutenant : Promotion to fill vacancies in the rank of Lieutenant shall be made on the recommendation of the Board from such Sub-Lieutenants as have qualified by passing the examination for Lieutenant, but Sub-Lieutenants shall not be eligible for promotion to Lieutenant unless they have completed one year’s service from date of confirmation.

Medical Officers.

95. Medical Officers, duly qualified as such, may be appointed Surgeons on the recommendation of the Board.

Engineer Sub-Lieutenants and Engineer Lieutenants.

96. Candidates for appointment as Engineer Sub-Lieutenants or Engineer Lieutenants must produce satisfactory testimonials of previous service, and be between the ages of 20 and 40. Regulation 26 for Permanent Force shall apply.

Paymasters.

97. Candidates for appointment as Assistant Paymasters, or Paymasters, must produce satisfactory testimonials of service and qualifications, and may be appointed on the recommendation of the Board.

Warrant Officers.

98. Warrant Officers shall be selected by the Director from petty officers who have qualified for the duties of Instructor and have passed the necessary examinations for the rank of Warrant Officer, and who are specially recommended for advancement by the Commandant.

Instructors.

99. Officers for appointment as Instructors in the Naval Militia and Volunteers are to be selected by the Director on the recommendation of the Commandant from amongst those in the Permanent Naval Forces and Naval Militia for their ability as Instructors and general efficiency, apart from their seniority as Warrant Officers.

Engine-room Artificers.

100. Engine-room Artificers must possess the same qualification as required for this rating in the Permanent Naval Forces. On first entry, they must be between 22 and 40 years of age.

SECTION II.—ENTRY AND PROMOTION OF SEAMEN, STOKERS, AND BOYS.

Period of service.

101. The engagement of seamen, stokers, and boys shall be for a period of three years, the first three months being on probation.

Oath.

Every person so engaged shall take and subscribe before a Justice of the Peace or before any commissioned officer the oath prescribed in the Acts.

102.No person shall be engaged unless he be a British subject, and between the ages of 15 and 35 years; but persons who have previously served in the Imperial Regular or Auxiliary Naval Forces, or in any Colonial Naval Force, may be enrolled if under the age of 40 years.

Medical examination.

103. Every applicant for engagement shall be subject to a medical examination as to fitness, and must produce certificates of good character, or must otherwise satisfy the Commanding Officer that his character and conduct have been good.

104. The standard height and chest measurement shall be as prescribed for the Permanent Naval Forces.

Recruits.

Recruits.

105. Every recruit before receiving any instruction must sign the service roll of the division which he intends to join, and be regularly attested for service therein.

Uniform.

106. Before any uniform is issued to a recruit, he must attend the following drills, and pass as qualified:—

(a) If under Class A, 6 days’ continuous training;

(b) If under Class B, 20 drills.

107. If the recruit has at some previous time been in His Majesty’s Naval or Military service, it shall be sufficient for him to attend such drills as the Commanding Officer of the division may order, and to pass inspection.

Discharge.

108. A recruit under Class A may be discharged by the Commandant at any time during the first period of drill, and he shall not be paid if so discharged.

109. A recruit under Class B may be discharged by the Commandant at any time within three calendar months from the date of his signing the service roll, and prior to the issue of uniform to him. Under Class B, recruit drills will be counted for pay and retainer in the same manner as drills performed after being passed. Commanding Officers should take the opportunity, on the completion of the first ten drills, to recommend for rejection any men who, to the best of their judgment, are not likely to prove efficient.

Distinguishing number.

110. Every recruit when enrolled, and every man when transferred from another division, and being entered on the service roll of a new division, will receive a number. The series of numbers in a division will commence with 1, and will be given in sequence. The number will not be changed so long as the member remains in the division; if he is transferred or discharged, dies, or leaves the division, the number will not be given to any other member.

In all documents relating to a man, his number will invariably precede his name.

Stokers.

111. Men entered for the rating of Stoker must satisfy the Engineer Officer as to their fitness for the work required of them, and be under 40 years of age.

 Promotion to the rates of Leading Stoker and Chief Stoker shall be as laid down in Regulation 47.

Petty Officers.

How selected.

112. Petty Officers shall be selected from such Able Seamen as have passed the examination laid down for Seamen Gunners or Torpedo men, and are considered eligible for appointment by the Commandant.

113. When additional Petty Officers are required, Leading Seamen may be appointed to act as Petty Officers, who, if they prove themselves efficient, shall be promoted as vacancies occur.

S.G.

114. Seamen of the Naval Militia and Volunteers may be rated as Seamen Gunners on passing the examination as prescribed.

S.T.

115. Seamen of the Naval Militia and Volunteers may be rated as Torpedo men on passing the examination as prescribed.

Seamen Gunners and Torpedo Men.

116. Men who pass for Seamen Gunners shall be entitled to wear the badge as hereinafter prescribed, and shall be qualified to take any position at the guns and carry out the same duties as Seamen Gunners of the Permanent Force.

117. Men who qualify as Seamen Torpedo men shall also be entitled to wear badges and be eligible to take any torpedo number in the boats.

Badges.

118. The badge for Seaman Gunner in the Naval Militia and Volunteers shall be similar to that for seaman gunner and torpedo-man, but without the torpedo.

119. The badge for Seaman Torpedo-man in the Naval Militia and Volunteers shall be similar to that for seaman gunner and torpedo man, without the gun.

Transfers.

Transfers.

120. If any man wishes to be transferred from one division to another, it shall be done in the following way:—He shall give notice, in writing, to his Commanding Officer, stating the division to which he wishes to be transferred. The Commanding Officer if he approves of the transfer, shall signify the same by filling in and signing a transfer return, and shall forward the same to the Commanding Officer of the division to which the transfer is to be made. The latter Commanding Officer shall sign the transfer return (unless he has special reasons for objecting to do so), and forward the same to the Commandant, who may then order the transfer to be made. If the Commanding Officer to whose division the transfer is to be made has special reasons for objecting to it, he shall forward the return to the Commandant unsigned, with a statement of the reasons.

121. Upon a man being transferred he shall return to the Commanding Officer of the division from which he is transferred all property of the division which he has in his possession, but he shall take his uniform with him to the new division, if of the same arm.

122. When a man is transferred to any division, his name shall be entered on the service roll. It shall not be necessary for him to be re-sworn, but, in the column “Date when sworn” shall be entered his date of attestation from his old division, and he shall only be required to complete three years’ service from such date.

Temporary transfers.

123. Men may be temporarily transferred for duty with another division. In such case a transfer return adapted will be sent from the Commanding Officer of the division to which the man belongs to the Commanding Officer of the division to which he is to be attached. Upon any such temporary transfer being made, the man shall wear the uniform of his own division while serving with the other division, but shall leave his arms and other equipment with his own division, and shall be supplied by the Commanding Officer of his new division with such arms and equipment as shall be necessary. He shall be paid with his own division, and a return of drills performed with the other division shall be furnished by the one Commanding Officer to the other

Supernumeraries

124. In case the transfer of a member from one division to another would cause an excess on the establishment of the latter, such member may be retained on a supernumerary list, without pay, and be brought forward to fill the first vacancy.

Formation of Divisions.

125. New divisions may be formed under the Acts in the following manner—that is to say, any persons desiring to be formed into a division may offer their services through the Commandant, who will observe the usual procedure. If their services are accepted, a notification of such acceptance, with the name of the division and the place where it is established, shall be, published in the Gazette. Upon such notification being published, the division shall be deemed lawfully formed under and subject to the provisions of the Acts.

SECTION III.—RETIREMENT OF OFFICERS.

Age.

126. The age and conditions of retirement shall be the same as laid down for the Permanent Naval Forces.

Insufficient drill attendance.

127. Any Officer who does not attend more than three-fourths of the annual drills shall not be allowed to retain his Commission or Warrant unless it be represented by the Commandant that there are special reasons for a relaxation of this Regulation.

SECTION IV.—DISCHARGES.

Age for retirement.

128. The age and conditions of retirement are to be the same as prescribed for the Permanent Naval Forces, but the Commandant may discharge any members, other than Officers, on their attaining the age of 50 years.

Purchase of discharge.

129. Any sailor may, except in time of war, resign from the Militia or Volunteer Forces on giving three months’ notice in writing to his Commanding Officer of his intention to claim his discharge, and by paying the following sums:—

(a) Militia Forces—

£2 if the resignation is during first year of service.

£1 if the resignation is during second year of service.

10s. if the resignation is during third year of service.

(b) Volunteer Forces—

£1 if the resignation is during first year of service.

10s. if the resignation is during second year of service.

The Commandant may waive the above payments.

Discharge for absence without leave.

130. Any member absent without leave for a period of two months shall be discharged, and shall forfeit to the Government the amount he would have to pay if purchasing his discharge, unless in the opinion of the Commandant there are extenuating circumstances.

Discharge for unfitness, &c.

131. The Commandant may discharge any Petty Officer or member below the rank of Petty Officer for unfitness, negligence, or misconduct, independently of any other punishment to which he may by law be subject, but the member before being so discharged shall be notified, in writing, of the charge against him, and shall be given an opportunity of showing cause against it, when he may be heard in his defence, together with any witnesses whom he may call on his behalf.

Certificate

132. On the discharge of any man from the Naval Militia or Volunteers his defaulter-sheet must be filed for reference, and a certificate of service, signed by the Commandant, or such Officer as he shall depute, shall be furnished to him.

SECTION V.—INTERIOR ECONOMY.

Regulations of Permanent Naval Forces Apply.

Occupation of member.

133. Subject to these Regulations, no restriction is laid on the occupation of a member whilst belonging to the Naval Militia or Volunteers, provided that he complies with the conditions herein prescribed.

Change of residence to be notified.

134. Every member shall give immediate notice to his Commanding Officer of any change of residence, or of the place to which letters and notices are to be addressed to him.

Active service.

135. In the event of the Naval Militia and Volunteers being called out by proclamation, every member is bound to serve in any ship belonging to or employed by the Commonwealth Government or in His Majesty’s Navy, or on shore, under penalty of being treated as a deserter.

Concealment of disease, &c.

136. Any member who is discovered to have been, at the time of engagement, suffering from disease, or to have sustained injury, which incapacitates him for duty, and who has concealed such disease or injury, or who is discovered to have made any false representation, or to have produced any false papers on the occasion of engagement, may be summarily dismissed by the Governor-General, and shall be liable to forfeit all claim to pay or other advantages of the service.

137. Anymember of the Naval Militia or Volunteers who violates or neglects to observe any command or injunction contained in the foregoing rules and regulations shall be guilty of an offence against discipline.

Permanent Force Regulations apply.

138. All rules and regulations for the discipline and internal economy of the Permanent Naval Forces shall be applicable to the members of the Naval Militia and Volunteers when serving or drilling ashore or afloat in the armed ships of the Commonwealth Naval Forces or in ships attached thereto.

Provided that in the application of the provisions of Regulation 66, relative to punishment, reduction in rank, discharge or dismissal, shall be substituted for forfeiture of pay and for stoppage of leave.

SECTION VI.—UNIFORM.

Officers.

139. Officers shall wear uniform of similar description and pattern in every particular to that prescribed for the Permanent Force.

P.O.’s and men.

140. Petty officers and seamen shall wear similar uniform to that worn in the Permanent Force, except that the cap ribbons shall have H.M.A. Naval Forces inscribed thereon.

W. O

141. Warrant officers having over five years’ service shall wear ¼-inch lace on the sleeve. Warrant officers having less than five years’ service shall wear buttons on the sleeve.

Return on discharge, &c.

142. If any petty officer or man leaves or is dismissed from the Force before the expiration of his three years’ engagement, he is to return all uniform. In the event of such uniform being detained by any petty officer or man, after notice to return same has been given by the proper authority, the Commanding Officer may proceed against such petty officer, or man, as prescribed.

Destruction.

143. If any uniform is destroyed on duty, or by fair wear and tear on active service, the Commandant may, after receiving a report to that effect from the Commanding Officer, order the same to be renewed.

144. If uniform is destroyed or damaged through the wearer’s neglect, the Commandant may, after receiving a report to that effect, order the same to be repaired, cleaned, or replaced at the wearer’s expense.

145. Members of the Naval Militia or Volunteers must appear either in authorized uniform or in civilian dress. No mixture of the two is to be worn.

146. Members of the Naval Militia or Volunteers shall only wear their uniform when on duty, or with the permission of their Commanding Officer.

Care of uniform.

147. Only warrant and petty officers and men of the Naval Militia or Volunteers will be supplied with uniform, which must be kept in good condition, fair wear and tear excepted. The uniform shall be and shall remain the property of the Government for a period of three years within the meaning of the Regulations, that is to say, until such member shall have completed a course of training in each financial year for three years.

148. Warrant and petty officers and men of the Naval Militia or Volunteers will be provided with uniform clothing as per Table II.

TABLE II.

Dress for Warrant and Petty Officers and Men of the Naval Militia and Volunteers.

Scale.

Chief Petty Officers.

Warrant Officers.

2 blue serge jackets

1 blue undress coat and trousers.

2 blue serge trousers.

1 white undress coat and trousers.

2 blue serge vests.

1 frock coat

2 duck trousers.

1 cap, 2 covers, and badge.

1 cap, with badge, and 2 covers.

1 sword, with knot and belt. (To remain the property of the Government).

 

Petty Officers and Men.

2 blue serge suits (jumper and trousers).

1 duck suit (jumper and trousers).

2 flannels.

1 silk handkerchief.

1 collar.

1 cap and cover.

1 hat.

2 ribbons.

1 knife lanyard.

1 guernsey may be provided in lieu of one serge jumper.

NOTE.—The issue of clothing during the three years’ engagement shall be as the Commandant may direct.

Clothing book

149. Every member on receiving his clothing is to sign a receipt for the same in a book kept for that purpose by the Commanding Officer.

 

PART IV.—DISCIPLINE.

DISCIPLINE, NAVAL FORCES.

Offences, Complaints, and Redress.

Cancelling commission.

150. If any officer of the Naval Forces is guilty of improper conduct, or of any civil offence bringing discredit on the service or is negligent in the performance of his duties, the Governor-General may cancel his commission, but before such cancellation the officer shall be notified, in writing, of the complaint or charge against him, and shall be called upon to show cause in relation thereto.

151. The commission of any officer absent without leave for a period of three months or upwards may, on the recommendation of the Board, be cancelled by the Governor-General.

Disrating.

152. Disrating for incompetency is not to be considered a punishment.

Redress.

153. If an officer thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, he may complain through the Commandant to the Board, which is hereby required to inquire into and deal with such complaint.

154. If any member have cause to think himself aggrieved, he may represent his case to his Commanding Officer. Any appeal against the decision of the Commanding Officer will be made to the Commandant, and any further appeal through the Commandant to the Board

Outside influence.

155. The use of outside influence to support applications for personal advantages or to represent complaints is contrary to discipline, and the only proper course is to apply through the recognised official channel. Any attempt to obtain favorable consideration to requests or grievances by other means will prejudice the application, and will be severely dealt with.

Attempts to obtain favorable consideration for such applications by the use of outside influence will be regarded as an admission on the part of the applicant that his case is not sufficiently good upon its own merits.

Conduct of Officers.

156. The Militia and Volunteer Forces being composed of officers and men who devote only a portion of their time to naval drill and training, it is necessary that officers should maintain at all times that courtesy towards each other which is calculated to perpetuate friendly and social relations between them, and create an “esprit de corps.” An Officer not in uniform should not comport himself, as regards the affairs of his division, and his intercourse with officers, in any manner different from what he would if he and

they were in uniform. If officers act in any other way as private citizens, in respect to their immediate naval responsibility, discipline cannot be maintained in a satisfactory manner, and the harmonious working of the machinery necessary to keep the organization of a division in an efficient condition will be endangered.

Officers to maintain discipline.

157. All officers are at all time responsible for the maintenance of good order and the rules and discipline of the service; they are to afford the utmost aid and support to the Commanding Officer. It is their duty to notice, repress, and instantly report, any negligence or impropriety of conduct in petty officers and men, whether on duty or off duty.

Certain meetings and presentations prohibited.

158. Deliberations or discussions by members with the object of conveying praise, censure, or any mark of approbation towards their superiors or any others in the Naval Forces are prohibited. The publication of laudatory orders on officers relinquishing an appointment is forbidden. Commanding Officers are to refuse to allow subscriptions for testimonials in any shape to superiors on quitting the service or on being removed from their ship or division. Every officer will be held responsible should he allow himself to be complimented by members who are serving, or who have served, under his command by means of presents of plate, swords, &c., or by any collective expression of their opinion.

When character impugned.

159. Every officer whose character or conduct as an officer and gentleman has been impugned, must submit the case within a reasonable time to his Commanding Officer, or other competent naval authority, for investigation. Pending the investigation an officer may be suspended from duty, in which case he will be placed under the same restrictions as an officer in open arrest.

Bankruptcy.

160. If any officer by bankruptcy, liquidation, composition, or other like legal proceeding, finds himself unable to meet his engagements, he should at once notify the fact to the Commandant. The latter will then at once ascertain and report the circumstances of the case for the information of the Board which will decide whether the officer can be permitted to hold his commission.

161. No member of the Permanent Forces, except on the recommendation of the Board, after report from the Commandant, and with the permission of the Governor-General, shall—

Outside employment.

(a)Accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation; or

(b)Accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or

(c)Engage in or undertake any such business whether as principal or agent; or

(d)Engage or continue in the private practice of any profession; or

(e)Accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth.

Provided that nothing herein contained shall be deemed to prevent a member from becoming a member or shareholder only of an incorporated company or of any company or society of persons registered under any Act in any State or elsewhere.

Religions or political demonstrations.

162. Members of the Naval Forces are forbidden when in uniform or on duty to institute or attend any meeting, demonstration, or procession for any religious or political purpose.

This regulation applies to bands.

This Regulation does not apply to—

(a)Attendance at church or funeral services; or to

(b)Attendance at charity gatherings, for which authority has been duly obtained from the Commanding Officer.

Press communication.

163. Members of the Naval Forces are forbidden to publish or communicate to the press any information, without special authority, either directly or indirectly. They will be held responsible for all statements contained in communications to their friends which may subsequently be published in the press.

164. They are not to attempt to prejudge questions under investigation by the publication, anonymously or otherwise, of their opinions, and they are not to attempt to raise a discussion in public about orders, regulations, or instructions issued by their superiors.

165. Commanding officers shall be responsible that those under their command have opportunities of making themselves acquainted with the Defence Acts and the Regulations under which they serve.

Arrest.

On board ship.

166. Any member who behaves with violence on board a ship, or uses mutinous or abusive language, may be placed in irons, handcuffed, or locked in a cell.

Superior officer may order.

167. Any member may, for any offence against good order and discipline, be placed under arrest by his superior officer.

168. If any member, while under arms or on duty with the Force to which he belongs or any portion of the Force, or while engaged in any Naval exercise or drill, either in uniform or plain clothes, or while going to or returning from any place of exercise or assembly, disobeys any lawful order of the Officer under whose command he then is, or is guilty of misconduct, any superior officer may order the offender, if an officer, into arrest, and if not an officer, into the custody of any Petty Officer or seaman; but, so that the offender be not kept in such custody longer than during the time such portion of the Force as aforesaid remains under arms or on duty. After which his case will either be disposed of by the Commanding Officer on the spot, or he will be suspended from duty, and reported to higher authority.

169. Duty with any portion of the Force is held to mean not only presence under arms at drill, but the performance of all duties of a Naval nature in or out of uniform.

170. Arrest shall signify suspension from all duty until the case has been investigated and dealt with by the Commandant; but if any emergency of the service should render it requisite that the person under arrest should be released without the charge against him being withdrawn, the Commanding Officer may give orders to that effect, and the person shall return to his duty accordingly, without prejudice to his future trial or the inquiry into the charge on which he was placed under arrest.

Courts.

Courts.

171. Any member of the Naval Forces will be subject to be brought before the Court provided for in the Acts, if charged with any of the following offences:—

Charges.

(1) Loses, hazards, or strands any ship.

(2) Causes or conspires with any other person to cause mutiny or sedition.

(3) Is disrespectful to superior officers.

(4) Uses violence to superiors.

(5) Disobeys orders.

(6) Is absent without leave.

(7) Deserts.

(8) Is guilty of fraudulent enlistment or enrolment.

(9) Is guilty of theft.

(10) Makes away with or is concerned in making away with (whether by pawning, selling, destruction, or otherwise howsoever) his arms, ammunition, equipment, instruments, clothing, or any Government property in his charge, or any property of officers or the members of the Force.

(11) Loses by neglect any of the above-named articles.

(12) In any report, return, muster roll, pay list, certificate, book, route, or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy—

(a)Knowingly makes or is privy to the making of any false or fraudulent statement; or

(b)Knowingly makes or is privy to the making of any omission with intent to defraud.

(13) Loses by neglect any public money intrusted to his charge.

(14) Being an officer, behaves in a scandalous manner unbecoming the character of an officer and a gentleman.

(15) Neglects his duty.

(16) Sleeps on his post.

(17) Is guilty of drunkenness.

(18) Breaks arrest.

(19) Malingers.

(20) Commits any disgraceful conduct.

(21) Violates or neglects to obey any command or injunction contained in the Rules and Regulations made under the Acts.

(22) Is guilty of any act, conduct, or neglect to the prejudice of good order and Naval discipline, though not specified in the foregoing cases.

Penalties.

And shall be liable—

(a) To be dismissed or discharged.

(b) If an officer, to forfeit seniority.

(c) If a Petty Officer to be disrated.

(d)To imprisonment not exceeding three months, with or without hard labour.

(e) To a fine not exceeding twenty pounds.

(f) To be reprimanded or censured.

 

PART V.—RANK AND COMMAND

Rank.

172.The Officers of the Permanent Naval Forces shall be divided into two branches, viz., a Military and a Civil Branch. The Military Branch, comprised of the undermentioned officers, shall rank in the following order:—

Director of the Naval Forces.

Commandants.

Captains.

Commanders.

Lieutenants.

Sub-Lieutenants.

Chief Gunner,

According to date of Commission.

Chief Boatswain,

Gunner,

According to date of Warrant.

Boatswain,

Relative rank.

173. The relative rank of Officers of the Naval Forces shall be as laid down in the King’s Regulations and Admiralty Instructions.

OFFICERS OF THE CIVIL BRANCH.

Civil branch.

174. Notwithstanding the relative rank and authority conferred by these Regulations on officers of the Civil Branch, they shall in all such matters and details as relate to the service on which they are employed, the duties of the Fleet, and to the discipline and interior economy of ships, be subject to the authority of the officers of the Military Branch; and in no case shall they be deemed to be superior in rank, or take precedence to the officer appointed to command the ship or establishment in which they are employed, or the officer or other person on whom the command of such ship or establishment properly devolves in the absence of the officer appointed to the command thereof.

To assume no military command.

175. Officers of the Civil Branch are not to assume any Military command whatever, either afloat or on shore, but under the Captain or other superior officer they shall have all necessary authority within their own departments, and according to their relative rank, for the due performance of their respective duties, and they are to be obeyed accordingly by their subordinates.

COMMAND AND RANK.

Senior combatant officer.

176. All commands shall belong to the senior officer of the military branch present on duty, and subject to the order of command laid down in Article 135. Chapter III., of the King’s Regulations and Admiralty Instructions.

No Command afloat unless qualified.

177. No Officer of the Naval Militia or Volunteers shall have Naval Command afloat, unless duly qualified under the Regulations of the Royal Navy or Mercantile Marine.

Seniority in Reserve Forces.

178. The seniority of officers in the Reserve Forces in their respective ranks shall be regulated by the date of their appointments, and when appointments are of the same date by their previous appointments; or in the case of first appointments by the order in which the names appear in the Gazette, or in the Government Gazette of a State, or of a colony which has become a State, in which their appointments are notified. Officers of the Reserve shall rank junior in their respective ranks to officers of the Active Force.

SHIP’S COMPANY.

179. Petty Officers, Seamen, and others shall rank and command as laid down in the King’s Regulations.

PRECEDENCE.

Precedence of Divisions.

180. Naval Divisions will take precedence according to the seniority of their respective Commanding Officers.

When parading ashore.

181. Naval Detachments, when landed and paraded with the Military Forces, will take the same position relatively as that accorded to the Royal Navy when paraded with troops, that is, the senior position on the right taking precedence of all other unmounted troops.

 

PART VI.

MEDALS FOR “CONSPICUOUS GALLANTRY” AND “LONG SERVICE AND GOOD CONDUCT” FOR THE PERMANENT NAVAL FORCES OF THE COMMONWEALTH OF AUSTRALIA.

(a) FOR CONSPICUOUS GALLANTRY.

182. A silver medal, having on the obverse the Royal effigy, and on the reverse the words “For Conspicuous Gallantry,” and on the rim the sailor’s name, rating, and E.R., may be granted to a Petty Officer or Seaman of the Permanent Naval Forces if specially recommended by the Board to the Governor-General.

Before this medal is awarded, the Admiralty shall adjudicate upon the application.

In the case where a petty officer or seaman already in possession of a medal for Conspicuous Gallantry is recommended on account of further distinguished conduct, a bar shall be added to the medal.

As these rewards are intended for such men only as shall have rendered themselves individually conspicuous by some special act of pre-eminent gallantry in action with the enemy, great care is to be taken that the cases recommended come strictly within the spirit of this regulation, and that each case be accompanied by a full statement of the grounds on which the claim to distinction is founded.

(b) FOR LONG SERVICE AND GOOD CONDUCT.

183. A silver medal, bearing on the obverse the Royal effigy, and on the reverse the words “For Long Service and Good Conduct,” and on the rim the sailor’s name, rating, and E.R., shall be awarded to a Petty Officer or man of the Permanent Naval Forces, on the recommendation of the Board to the Governor-General.

To entitle a Petty Officer or man to this medal—

(a)He must have served for fifteen years with continuous very good character, and must have been recommended for three consecutive years prior to the award, and also must never previously have been awarded a character below or equivalent to good, unless for a period not exceeding one year in his first five years of service.

(b)A break in the service not due to desertion, dismissal, imprisonment, or misconduct on the man’s part will not be considered as breaking the continuity of his very good character, or of recommendation for the medal, provided he rejoins within five years.

(c)Desertion, reduction to good, or the award of character less than good during any portion of the time which reckons for the medal, shall render a man absolutely ineligible for the medal except under clauses (d), (e), (f), and (g).

(d)Imprisonment by the civil power shall not prejudice a man’s claim to the medal, unless it shall be so decided by the Board.

(e)In order not entirely to exclude from the honour of a medal, a man who may have committed himself in the early years of his service, but who may have since become a very good character, the Board will consider the case of any man who can show eighteen years of continuous very good character, notwithstanding anything he may have done, or any character which may have been awarded to him, except bad or indifferent, in his previous service.

(f) The Board may also consider the case of any man who would be excluded under the foregoing regulations, but who may be specially recommended on account of his having shown highly exemplary conduct in action or otherwise.

(g)Should a man’s conduct not have been satisfactory pending the presentation of the medal, it is to be withheld, and the particulars of the case reported to the Minister.

APPLICATION FOR MEDALS.

184. Names of men recommended for the medal for conspicuous gallantry are to be transmitted to the Board, and the recommendation will be accompanied by descriptive return, record of service, and of the wounds, and distinction of the petty officers or men recommended.

Recommendations for the Long Service and Good Conduct Medal are to be forwarded as candidates become eligible. They will be accompanied by the man’s defaulter sheet, certified extracts showing the charge, finding, and sentence of any court-martial by which he has been tried, and copies of any conviction by the civil power.

The medal will be presented to the sailor by his Commanding Officer before the entire ship’s company, and is to be worn by him as an honorable testimonial of his Sovereign’s appreciation of his conduct.

Good conduct medals, which may not have been received by a sailor before his discharge, will be forwarded to him.

Letters containing medals, when forwarded through the post, are to be registered.

LOST MEDALS.

Board of Inquiry.

185. When a medal is lost, a board of inquiry will sit upon and record the cause of the loss. If the loss is accidental, the loser may be recommended by the board to be supplied with a new medal at once, either at his own expense or that of the public, according to the circumstances of the case. In order to justify the replacement of a medal at the public expense, the loss must be proved to have occurred on duty by some accident absolutely beyond the control of the loser.

In such a case as a medal being lost through carelessness, the loser must pay for it himself. If the loss be proved to have occurred from carelessness or neglect, the loser may, after being two years clear of the defaulters’ sheet, be recommended by a board to be provided with a new medal at his own expense.

FORFEITURE AND RESTORATION OF MEDALS.

186. Every sailor who is found guilty by a court-martial of desertion or fraudulent enlistment, and who is sentenced by a court-martial to penal servitude, or to be discharged with ignominy, shall forfeit all medals and decorations awarded under the regulations of which he may be in possession, or to which he may be entitled.

Every sailor who—

(a)Is liable to trial on confession of desertion or fraudulent enlistment, but whose trial has been dispensed with;

(b)Is discharged in consequence of incorrigible and worthless character, or expressly on account of misconduct, or on conviction by the civil power, or on being sentenced to penal servitude, or for giving a false answer on attestation;

(c)Is sentenced by a civil court to a punishment exceeding six months’ imprisonment;

shall forfeit all medals awarded under the regulations, together with the gratuity (if any) thereto appertaining.

Any court-martial may, in addition to or without any other punishment, sentence any offender to forfeit any medal or decoration awarded under these regulations.

PART VII.—MEDICAL SERVICES.

SECTION I.—DUTIES OF PERMANENT MEDICAL OFFICER.

187. A Medical Officer may be appointed to each State Division of the Naval Forces.

188. The Medical Officer will—

(a) Attend on all members of the Forces on board vessels or quartered in Naval Depôts.

(b)Attend on all members of the Permanent Force recommended by him to be treated at their own homes, under Part XI. of the Financial and Allowance Regulations.

(c)Examine all recruits as prescribed by the Regulations.

(d)Visit, when ordered by the Commandant or Commanding Officer, any member of the Force absent under plea of illness, and report on his condition. The Medical Officer shall attend on board when required; but in cases not deemed serious the officer or man requiring medical advice may, at the discretion of the Commanding Officer, attend at the Medical Officer’s house.

(e)Report and recommend for survey by Medical Board any members of the Force whom he may judge physically unfit for service;

(f) See that medicine chests and other medical or surgical requirements are complete, and that arrangements are in order for rendering first aid when the Medical Officer is not present;

(g)Attend at all gun practices, musters, and inspections.

(h)Submit a monthly and, where necessary, a daily report to the Commandant.

Nominal roll.

Nominal rolls of all persons entitled to medical attendance, giving the rank or rating and address of each person, will be furnished by the Commandant or Commanding Officer, on the first day of each quarter to the Medical Officer of the State Division, and no person will be entitled to medical attendance whose name is not included in this Roll.

Attendance at out-ports.

189. At ports where there is no Medical Officer on the Permanent Staff, the Commandant will make arrangements, to be approved by the Board, for the medical attendance of the Naval Forces by a surgeon in local practice.

SECTION II.—MEDICAL OFFICERS : NAVAL MILITIA.

Naval Militia Surgeons.

190. Medical Officers of the Naval Militia will attend on such occasions as may be ordered by the Commandant, or, in the case of outports, by the Commanding Officer.

Duties.

They will be required to perform the undermentioned duties:—

(a) Examination of recruits.

(b)Attendance at Annual Continuous Training, target and rifle practice, inspections, boards, and medical surveys.

No Medical Officer will be allowed to draw pay for other than the above, unless permission for such be given by the Commandant.

Substitute to be provided.

191. In the event of the Medical Officer being unable to attend any of the foregoing duties, he will make arrangements with another Medical Officer to take his place, informing the Commandant or Commanding Officer, or will report in sufficient time to enable a substitute to be provided. The amount of pay earned by the Medical Officer detailed as a substitute will be deducted from the pay of such officer for whom such substitute was provided.

PART VIII.—SALUTES AND CEREMONIES.

Salutes.

192. The Sovereign or any member of the Royal Family shall be saluted as prescribed by the King’s Regulations and Admiralty Instructions.

193. The anniversaries of the birth, accession, and coronation of the reigning Sovereign shall be observed by dressing ship and saluting as prescribed by such Regulations.

194. All other salutes will be carried out, and visits of ceremony will be conducted as laid down in such Regulations.

Funeral Parties.

Funerals

195. Funeral Parties are to be composed, as far as possible, in accordance with the following scale, in addition to the officers and men who may voluntarily accompany the procession, but the officer in charge of the whole procession is not to be below the rank of a Lieutenant.

Rank of deceased.

Firing party.

Commanded by.

Commander

200 men

Lieutenant

Lieutenant

100 men

Lieutenant

Sub-lieutenant

40 men

Sub-lieutenant

Warrant Officer

30 men

Sub-lieutenant

1st Class Petty Officer and all Juniors

26 men

1st Class Petty Officer.

The firing parties are to be accompanied by a proportionate number of junior officers and petty officers and a bugler.

Pall-bearers

The pall is to be supported by officers and others of equal rank to the deceased.

In the case of an officer, all available officers of the ship to which he be longed are to attend.

The order of the funeral procession:—

Firing Party.

Band.

Pall Bearers.  Coffin. Pall Bearers.

Chief Mourners.

Followers—Juniors in front going, vice versâ returning.

Three volleys will be fired over the graves of all officers, petty officers, seamen, and boys.

The instructions for marching, firing, &c., as laid down in Field Exercise are to be strictly adhered to.

The dress for officers is to be frock coat, epaulettes, white gloves, and a band of crape round left arm.

Request for Naval Funeral.

No member of the Naval Militia or Volunteers shall be buried with Naval honours, except by the express desire of his friends, notified to the Commanding Officer.

Funerals at Sea.

Minute guns.

196. At the funeral of a Captain or Commander of a ship, such number of minute guns as the Senior Officer present shall direct, not exceeding 20, shall be fired by the ship he commanded or to which he belonged, when the body is put into the sea, or when it is put off the ship to be carried on shore. If the ship be alone, the officer succeeding to the command shall order this to be done.

At the funeral of any other officer, man, or boy, three volleys of musketry shall be fired over the body when put into the sea.

GUARDS OF HONOUR.

Guards.

197. A guard or honour, as a general rule, and a Band, will attend—

(i.) Upon the King and other Royal Personages; and upon Presidents of those Republican States in which the Sovereign is represented by an Ambassador.

(ii.) At State ceremonials.

Similar guards of honour will attend upon the Governor-General, Governor, and officers administering the Governments of His Majesty’s possessions, and upon such occasions as are customary within the Governments. (Guards of Honour will not be detailed when the Governor-General, Governors, and officers administering the Government are returning after leave of absence, the duration of which has not exceeded three months; nor when they are merely arriving at, or departing to or from, one or other of the ports within their Government; nor on merely changing their residence.)

198. A Guard of Honour, and a Band, will attend—

(i.) When a Foreign General or Flag Officer lands within His Majesty’s Dominions to visit the Governor-General, the Governor, Naval Board, or Commandant.

(ii.) To receive distinguished personages other than those mentioned in paragraph 197.

(iii.) (a)At the port where the Naval Commander-in-Chief of the Australian Station lands for the first time within the Commonwealth.

(b)On each occasion on which he receives an artillery salute on paying an official visit to the Governor-General.

Voluntary Guards.

199. Voluntary Guards of Honour as in 198 may be furnished for the Governor-General or the Governor of a State when visiting cities or towns in the Commonwealth on other than State occasions, and provided that men are available without expense.

———

PART IX.—DISTINGUISHING FLAGS AND PENDANTS.

———

Ensign.

200. All Commonwealth vessels of war shall fly the Blue Ensign of the Australian Commonwealth.

Pendant.

201. The pendant, broad pendant or burgee shall be according to H.M. Naval service pattern, but blue with a red cross in place of white with a red cross.

———

PART X.

IMPRESSMENT OF VEHICLES, BOATS, ETC.

202. The Officer commanding any ship or detachment of the Naval Forces on active service in time of war shall be authorized to require such person or persons as are possessed of carriages, vehicles, horses, or boats or other craft in the neighbourhood to furnish the same for the service of such ship or detachment; and if any person, after receiving such request, refuses to furnish the same, they may be taken and impressed for such service, and he shall be liable to a penalty not exceeding £5.

203. No such carriage, vehicle, or horse so impressed or taken may be compelled to proceed more than thirty miles, except in cases where other carriages, vehicles, or horses cannot immediately be had to replace them; and such carriages, vehicles, or horses shall be paid for at the usual rate of hire.

204. The impressment of carriages, vehicles, horses, or boats or other craft will only be resorted to—

(a)In cases of emergency, when delay would be caused by hiring;

(b) When transport cannot be hired;

(c)When charges made for hired transport are excessive.

PART XI

PROVISIONS AS TO ESTABLISHING DIVISIONS, BALLOTING, ETC.

Recruiting Officer.

205. When the Governor-General has appointed that any division shall be established in any place, he may appoint a fit person to act as recruiting officer of the division.

206. When a larger number of men volunteer to serve in such division than is appointed by the Governor-General, the recruiting officer shall use his discretion in selecting those whom he may consider best suited for service

207. When a roll is to be made out for any district or division, the enrolment officer shall advertise the fact in some local newspaper, and any person claiming exemption from service must send in notice in writing of his claim to the enrolment officer, within the time mentioned in the advertisement, or in default will be liable to be placed on the roll as not exempt. When a claim to exemption is made out to the satisfaction of the enrolment officer, he shall exclude the name of the exempted person from the roll, or place it thereon with a note of exemption, according to the class of exemption. Any enrolment officer may exclude the name of any man from the roll upon any evidence which he may think sufficient, or upon his own knowledge of the fact that the man is entitled to exemption. In case of the refusal of an enrolment officer to allow a claim to exemption, there shall be an appeal to two justices of the peace, but until such appeal shall be decided the name shall remain on the roll and the man be liable to be balloted.

Balloting.

208. Whenever in times of war or invasion or danger of either it is necessary to hold a ballot under the provisions of the Acts, it is hereby prescribed that such ballot shall be taken in the following manner:—

The ballot shall be taken in the presence of three magistrates (of whom the police magistrate or the mayor or other chief officer of the place shall be one) and of such number of men liable to be balloted as the presiding magistrate may allow, according to the space at his disposal.

In the case of a ballot for men to serve in an existing division the commanding officer will be present; in other cases the recruiting officer will be present.

The presiding magistrate will give such public notice, by advertisement or otherwise as he may think best, of the time and place for the ballot, and of the number of men liable to be balloted who will be admitted.

Two scrutineers will be appointed, one by the men present liable to be balloted, and the commanding officer or recruiting officer, as the case may be, or some other person to be specially appointed, will act as scrutineer on behalf of His Majesty.

The presiding magistrate will be responsible for conducting the ballot in accordance with the Acts, and in such a manner as to produce an impartial result.

EXEMPTIONS FROM SERVICE.

Exemptions

209.The following persons between the ages of 18 and 60 shall be exempt from enrolment, and from actual service at any time:—

The superintendents, gaolers, and warders of gaols, and the officers, keepers, and warders of all public lunatic asylums;

Persons disabled by bodily infirmity;

The only son of a widow, being her only support.

No person shall have the benefit of exemption unless he proves his right thereto.

Where exemption is claimed, whether on the ground of age or otherwise, the burden of proof shall be upon the claimant.

Exemption shall not prevent any person from serving if he desires it, and is not disabled by bodily infirmity.

PART XII.

RESERVE OF OFFICERS.

210. Officers, upon resignation or retirement from the Active Forces, except for age, may be placed upon a list of officers which is called the Reserve of Officers.

211. The Reserve of Officers shall form part of the Reserve Forces, and all those whose names are on the Reserve of Officers’ List will be liable to serve as officers if called out for active service.

212. Officers whose names are on the Reserve of Officers’ List may resign in the same manner as officers of the Active Forces.

  

By Authority: J. Kemp, Acting Government Printer, Melbourne.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0