Naval Forces Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this twenty-second day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
C. W. C. MARR,
Acting Minister of State for Defence.
PART I.—GENERAL.
Section
I.—Preliminary
PART I.—GENERAL.
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PART II.—PERMANENT NAVAL FORCES.
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C.16192.—Price 1s.
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“Naval Board” means the Naval Board of Administration constituted under the Acts.
“The Minister” means the Minister administering the Naval Defence Act, or the Member of the Executive Council for the time being acting in his stead.
“The Secretary” means the officer appointed as Secretary of the Navy Office.
“Officer” includes commissioned, warrant, and subordinate officers, but does not include petty officers.
“Men” includes all members of the Naval Forces other than officers, except when otherwise expressly stated or inferred.
“District Naval Officer” means the officer appointed to command any State Division of the Naval Forces.
“Sub-District Naval Officer” means the officer appointed to command any State Sub-Division of the Naval Forces.
“Commanding Officer” means the senior executive officer for the time being on board any ship or with any body of the Naval Forces on the shore.
“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.
“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 officer in charge of the medical duties of a ship, or body of the Naval Forces on shore.
“Accountant Officer” means the officer in charge of the pay, supply and victualling duties of a ship or Naval Establishment.
“Engineer Officer” means the officer in charge of the machinery and boilers of a ship or Naval Establishment.
“Military Branch” includes officers of the Engineer Branch subject to theconditions of Admiralty Order in Council of 7th January, 1915.
“Seamen Class” means all 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 Citizen Naval Forces (Royal Australian Naval Reserve) established at any port.
“The Acts” means the
Naval Defence Act 1910 and any later Acts amending that Act.
(
a )to obtain or have any licence or permission for doing any act or thing in performance of his duties as a member of the Naval Forces; or(
b ) to register any animal, vehicle, vessel or article belonging to the Commonwealth and appropriated to the use of the Naval Forces.Section II.—Application of the Naval Discipline Act, and King’s Regulations and Admiralty Instructions to the Royal Australian Navy.
(
a )In normal circumstances, i.e., when ships are under the control of the Naval Board, subject to the following modifications and adaptations, viz.:—(i) All powers and functions vested in the act authorized or required to be done by the Admiralty, Lords of the Admiralty, or the Commander-in-Chief on a foreign station under sections 19, 24, 32, 46 (when it reads “prescribed by the Admiralty”), 53 (1), 57 (2), 57a (4), 58 (16), 61, 66, 68, 70, 72, 74, 74a, 75, 76, 78, 80, 81 (2), 93, 98a (2), and 98a (3) of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board;
(ii) All powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 21 and 76 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board, and all powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 66, 69, 75, and 98a (3) of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Secretary of the Navy Office;
C. 16192.—2
(iii) All powers and functions vested in and acts authorized or required to be done by His Majesty under section 53 (1) of the Act, or the Admiralty, or the Commander-in-Chief on a foreign station under sections 53 (3), 58 (9), 58 (10), 58 (11)
, 58 (12), 59, and 81 (1) of the Act shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Governor-General;(iv) Section 1 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “the manner and form for public worship adopted for use in the Royal Australian Navy” were inserted in lieu of the words “the liturgy of the Church of England,” and as if the words “in Holy Orders” were omitted;
(v) Sections 45 and 67 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the word “England”;
(vi) Sections 54, 58 (12), 70 and 80 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the words “the United Kingdom”;
(vii) Section 57 (1) of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “if such subordinate officer belongs to the King’s Naval Forces or by the Naval Board for any time not exceeding twelve months, if such subordinate officer belongs to the Commonwealth Naval Forces” were inserted at the end thereof;
(viii) Section 58 (9) of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “the Naval Board or to” were inserted before the words “any officer of His Majesty’s Navy on full pay”;
(ix) Section 58 (16) of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “and District and Sub-District Naval Officers” were inserted after the words “His Majesty’s Dockyards”;
(x) Section 69 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if after the words “the Secretary of the Admiralty for the time being” the words “if the person tried belongs or did belong at the time of the trial to the King’s Naval Forces, or if the person tried belongs or did belong at the time of the trial to the Commonwealth Naval Forces to the Secretary of the Navy Office for the time being, and if such court martial was ordered by an Officer of the King’s Naval Forces, a complete and authenticated copy thereof shall be transmitted by the Judge Advocate, or Deputy Judge
Advocate or person officiating as Deputy Judge Advocate to the Secretary of the Admiralty for the time being” were inserted, and as if the words “three months after the trial if the same took place within the limits of the Australian Naval Station” were inserted in lieu of the words “six months after the trial if the same takes place in the Mediterranean, three months if at any other Naval Station within Europe.”
(xi) Section 98aof the Act shall, in relation to the Commonwealth Naval Forces, be modified—
(
a ) as if for the words “bastard child” in sub-sections (1) and (2) (b ) thereof, the words “ex-nuptial child” were substituted;(
b )as if the words “and for pre-maternity expenses in connexion with such child” were inserted after the word “father” in sub-section (1) thereof;(
c ) as if the words “or of prematernity expenses in connexion with such child” were inserted in sub-section (2), clause (b ), after the words “putative father”;(
d )as if for sub-paragraphs (i), (ii), and (iii) of sub-section (2) thereof, the following sub-paragraphs were substituted:—(i) in respect of a wife and child, or two or more children, three-fifths of the daily rate of pay;
(ii) in respect of a wife, or one child alone—two-fifths of the daily rate of pay;
(iii) in respect of an ex-nuptial child, or in respect of prematernity expenses in connexion with an ex-nuptial child —one-fifth of the daily rate of pay;
(
e ) as if the words “deferred pay and” were inserted immediately after the words “other than”.
(
b )When the ships are placed at the disposal of the Admiralty under the provisions of section 42 of the Naval Defence Act the Naval Discipline Act will apply without modification.(
c ) (i) Any person in or belonging to the Commonwealth Naval Forces, who, by order of the Naval Board or of the Admiralty or of the Commander-in-Chief or the Senior Naval Officers present on a foreign station, is serving in a ship of or belonging to the Royal Navy or the Naval Forces of a self-governing Dominion or in a naval establishment of the Royal Navy or a self-governing Dominion, or who is on board any suchship or in any such establishment awaiting passage or conveyance to any destination shall, for all purposes of command and discipline, be subject to the laws and customs for the time being applicable to the Royal Navy or the ships and Naval Forces of the self-governing Dominion, as the case may be.
(ii) For the purposes of the preceding sub-paragraph the expression “self-governing Dominion” means the Dominion of Canada, the Dominion of New Zealand, the Union of South Africa, or Newfoundland.
Section III.—Constitution of the Naval Board.
The First Naval Member and Chief of Naval Staff;
The Second Naval Member and Chief of Personnel.
The Third Naval Member and Chief of Construction, Supplies and Transport;
The Finance and Civil Member.
(2) The First Naval Member shall be a flag officer; the Second and Third Naval Members, in future appointments, shall be officers of the Military Branch of a rank not lower than captain.
(2) The orders of the Board shall be issued over the signature of the Secretary or such other official as the Board may authorize to act for him.
(2) Two members of the Board, of whom one must be a Naval member of the Military Branch, shall constitute a quorum.
(3) The Minister when present shall preside at meetings of the Board.
In the absence of the Minister, the First Naval Member shall preside; and in the absence of both, the senior Naval member present shall preside.
15. The following rules govern the conduct of the business of control and administration:
(
a ) Matters of routine as defined by the Naval Board shall be decided by the member of the Board to whose special sphere of supervision they belong;(
b )Any member of the Board may refer to the Board such matters as he considers should be dealt with by the Board as a whole; and the Minister or the First Naval Member may refer to the Board any matters dealt with by individual members of the Board if he considers that they ought to be dealt with by the Board as a whole;(
c ) All decisions of the Board which involve a matter of policy or important principle, an increased vote or transfer of votes of expenditure, or any new expenditure, shall be submitted for Ministerial approval;(
d )On other decisions of the Board no action shall be taken until the Minister has been advised and Ministerial sanction has been obtained, unless the Minister has directed that the matter need not be submitted for his approval;(
e ) In the event of a recommendation of the Naval Board being disapproved by the Minister in a matter considered by the Board to be of vital importance, any member of the Board, or the Board as a whole, may place on record in writing a statement of his or their reasons for the recommendation.
(2) Every decision of the Board, when the Minister has not been present at the meeting of the Board, shall be communicated to the Minister, initialed by each member signifying his concurrence or dissent.
(2) The special sphere of supervision of each member of the Naval Board, other than the Minister, shall be such as the Board may decide from time to time on the following principles:—
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| Finance and Contracts. |
Section IV.—Relations between the Royal Navy and Royal Australian Navy.
North. —From a point in 95° 15’ East Longitude and 13° South Latitude along that parallel to the Eastward to the meridian of 120° East Longitude, thence along that meridian to the North ward to 11° South Latitude, thence in an easterly direction to the Southern termination of the Eastern Boundary of Dutch New Guinea in about 141° East Longitude, thence along the meridian of the boundary to the Northward to the Equator, thence along the Equator to the Eastward to 169° East Longitude.
East. —From a point on the Equator in 169° East Longitude, along that meridian to the Southward to 1° South Latitude, thence along that parallel to the Eastward to the meridian of 170° East Longitude, thence along that meridian to the Southward to 32° South Latitude, thence along that parallel to the Westward to the meridian of 160° East Longitude, thence along that meridian to the South Pole.
South. —The South Pole.
West. —From the South Pole by the meridian of 80° East Longitude to the Northward to 30° South Latitude, thence along that parallel to the Eastward to the meridian of 95° 15’ East Longitude, thence along that meridian to the Northward to 13° South Latitude.
that the necessary arrangements with the Foreign Office may be made, as in the case of ships of the Royal Navy, in such time and manner as is usual, between the British Admiralty and the Foreign Office.
Section V.—Rank and Command.
(2) The position of Sub-District Naval Officer shall constitute, under the direction of the District Naval Officer, a definite and separate command at the port where he has his office.
(3) In the absence of the District
Naval Officer on short leave, for a period not exceeding four days, the next
senior officer of the Royal Australian Naval Reserve Staff
(4) In the absence of the District
Naval Officer on long leave or from any other cause for a period exceeding four
days, the next Senior Officer of the Royal Australian Naval Reserve Staff
(2) Naval Detachments, when landed and paraded with the Military or Air 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.
(1) Royal Australian Navy:
(2) Royal Australian Fleet Reserve;
(3) Royal Australian Naval Reserve (Sea-going);
(4) Royal Australian Naval Reserve;
(5) Royal Australian Naval Volunteer Reserve.
Section VI.—Government.
Section VII.—Duties of Officers.
PART II.—PERMANENT NAVAL FORCES.
Section I.—Entry and Promotion of Officers and Men (Sea-Going).
(2) A Naval Officer will be granted Air Force rank during his attachment to the Royal Australian Air Force, the initial rank granted being that of Flying Officer. He will be eligible for promotion in the Royal Australian Air Force irrespective of his rank in the Royal Australian Navy. He will be given a temporary commission in the Royal Australian Air Force while attached; such commission will give to a Naval Officer the necessary status and authority under Air Force law while under training, or at such time during his attachment when he may be in command of Royal Australian Air Force personnel not under the Naval Discipline Act, and will not in any way whatever affect his Naval status or authority, except as prescribed in sub-regulation (3). An attached Naval Officer will invariably be addressed by his Naval title, and if his Naval rank is relatively higher than his Air Force rank, he will take precedence (but not command) among Air Force Officers in accordance with his Naval rank. He will continue to wear the uniform of his Naval rank, but will wear also a distinguishing badge indicating that he is attached to the Royal Australian Air Force for service in the Fleet Air Arm.
(3) When a Naval Officer is embarked in one of H.M.A. ships during a period of attachment to the Air Force he will have the rank, status, and authority of his Air Force rank when engaged on air duties. At other times when employed on general Naval duties he will rank and command according to his Naval rank.
(4) Promotion in Air Force rank, as provided for in sub-regulation (2), will be determined by the Air Board, in consultation with the Naval Board.
(5) The promotion in the Royal Australian Navy of a Naval Officer serving in the Fleet Air Arm will be governed by Naval Regulations.
47. (1) On completion of training as Cadet Midshipman in the Training Cruiser, or on passing out of the Naval College when no training in Training Cruiser is carried out, Midshipmen shall be allotted by the Naval Board according to the requirements of the Service, to the Executive or Engineer Branch, due consideration being given to the wishes of each Officer as to which branch he desires to join: provided that, in the event of the number of Cadet Midshipmen available exceeding the estimated requirements of other branches mentioned, the Naval Board may allot any Cadet Midshipman in excess of such requirements to the Accountant Branch: provided also that, in special cases, any Officer may on the recommendation of the Naval Board be transferred from one branch to another at any time before he attains the rank of Lieutenant.
(2) Paymaster Midshipmen who have been trained at the R.A.N. College will be eligible for examination for the rank of Paymaster Sub-Lieutenant at the same time as Midshipmen of the Executive Branch are due for examination in seamanship, i.e., two years and four months after leaving the Training Cruiser.
(3) On attaining the rank of Lieutenant, all Officers of the Executive Branch shall be liable to be allotted to one of the specialist branches, e.g., gunnery, torpedo, navigation, &c., according to the requirements of the Service as determined by the Naval Board, due consideration being given to the wishes of each Officer as to the branch in which he desires to specialize.
(4) The subsequent training, service, and promotion of each Officer shall be generally in accordance with the several schemes in force in the Royal Navy from time to time relating to his particular branch of the Naval Service, subject to any variations ordered by the Naval Board to meet local conditions.
(2) The period of appointment shall be for three years, provided that, in the case of an Officer who is on loan from the Royal Navy, his appointment as Honorary Aide-de-Camp shall cease at the same time as he ceases to be attached to the Royal Australian Navy, if that occurs before the period of three years is completed.
(3) Officers eligible for the above distinction must, during their tenure of office, be on the Active List of the Permanent or Citizen Naval Forces, and not below the rank of Lieutenant-Commander.
(4) The appointment of an officer as an Aide-de-Camp shall not entitle him to any pay or allowances in respect of the appointment.
(2) On appointment as Instructor-Lieutenant seniority will date from the date of first appointment as Assistant Master, but in no case will more than three years’ seniority be allowed.
(
a ) that he is not under 21 years of age;(
b )that he satisfies the Naval Board that he is of pure European descent and the son of natural-born British subjects;(
c ) that he labours under no mental or constitutional disease or weakness, or any other imperfection or disability which may interfere with the most efficient discharge of the duties of a Medical Officer in any climate;(
d )that he is ready to engage for general service at home or abroad as required;(
e ) that he is a duly registered practitioner under the States’ Medical Acts, or that he holds qualifications which entitle him to become a legally registered medical practitioner under the States’ Medical Acts.
(2) Private practice shall not in any way interfere with, or take any officer from the vicinity of his Service duties, which shall have first preference in every case.
(
a ) That he has served two years at sea. Provided that the whole or any part of the sea service required may be waived on the recommendation of the Naval Board in cases where the failure to serve at sea is due to causes outside the officer’s control.(
b )That he is recommended by the Director of Naval Medical services for advancement.
(
a ) That he has served two years at sea in the rank of Surgeon-Lieutenant-Commander; provided that the whole or any part of the sea service required may be waived on the recommendation of the Naval Board in cases where the failure to serve at sea is due to causes outside the officer’s control;(
b )That he has passed the qualifying examination; provided that in time of war or for a period of twelve months thereafter, he shall not be required to pass the qualifying examination;(
c ) That he is recommended by the Director of Naval Medical Services for advancement;(
d )That he has never declined service except for reasons which were acceptable to the Naval Board.
(
a ) 85 per cent. of marks or higher for a Special Certificate;(
b ) 75 per cent. of marks or higher for a First Class Certificate.
(
c ) 50 per cent. of marks or higher for a Pass.
(2) Should a Surgeon-Lieutenant-Commander fail to pass at his first attempt, the result of a second qualifying examination shall not count towards accelerated promotion.
(2) Failure to pass at the second examination before attaining six years’ seniority shall entail compulsory retirement, provided that, if a Surgeon-Lieutenant-Commander has been unable to sit for the examination a second time for reasons outside his control, the Naval Board may permit his retention on the Active List until an opportunity for examination occurs or until he attains eight years’ seniority whichever is earlier.
(3) A Surgeon-Lieutenant-Commander who attains six years’ seniority without having sat for the examination shall be compulsorily retired, provided that, if he has been prevented from sitting for the examination for reasons outside his control, the Naval Board may permit his retention on the Active List until an opportunity for examination (including a second attempt in the event of failure at first attempt) occurs or until he attains eight years’ seniority whichever is earlier.
(4) An officer who passes the examination referred to in sub-regulation (3) may have his seniority ante-dated to the date of his attaining six years’ seniority as Surgeon-Lieutenant-Commander, but he shall not be eligible for increase of pay and allowances until the date of passing the qualifying examination.
(2) The conditions under which a medical practitioner may be entered in the Royal Australian Navy for such temporary service are:—
(
a ) That he is not over 40 years of age;(
b )That he is of pure European descent and the son of natural born British subjects;(
c ) That he labours under no mental or constitutional disease or weakness, or any other imperfection or disability which may interfere with the most efficient discharge of the duties of a Medical Officer in any climate;(
d )That he is a duly registered practitioner under the States’ Medical Acts or that he holds qualifications which entitle him to become a legally registered practitioner under the States’ Medical Acts.
(
a ) shall engage to serve for at least six months’ certain service, but liability for service shall be limited to five years;(
b ) shall be liable to immediate discharge for misconduct or incompetency;(
c ) shall be given two calendar months’ notice, not including period of leave due, of services being no longer required;(
d )shall rank with but after Surgeon-Lieutenants of the Permanent Naval Forces ( Sea-going);(
e ) shall be under the general rules of the Naval Service as regards discipline;(
f ) subject to paragraph (a ) above and to the exigencies of the Service will be allowed to resign voluntarily at any time but such resignation shall entail forfeiture of all leave due;(
g )shall be required to sign a Declaration of Conditions of Service when taking up his appointment;(
h ) shall serve when and where required after signing such Declaration;(
i ) shall be required to provide himself with a pocket case of instruments and a stethoscope.
(
a ) That he is not under 21 years nor over 30 years of age;(
b )That he is of pure European descent and the son of natural born British subjects;(
c ) That he labours under no mental or constitutional disease or weakness, or any other imperfection or disability which may interfere with the most efficient discharge of the duties of a Dental Officer in any climate;(
d ) That he engages for general service at Home or Abroad as required;(
e ) That he is a duly registered practitioner under the States’ Dental Acts, or that he holds qualifications which entitle him to become a registered practitioner under the States’ Dental Acts.
(
a ) That he is recommended by the Director of Naval Medical Services for advancement;(
b )That he has never declined service except for reasons which were acceptable to the Naval Board.
(2) In exceptional cases as may be approved by the Naval Board, a man may be allowed to continue serving in the Sea-going Forces until he attains the age of 50 years.
(3) In special cases engagements may be for shorter periods.
Section II.—Entry and Promotion of Officers and Men (Auxiliary Services).
(
a ) Members of the Royal Australian Naval Reserve Staff;(
b ) Employees attached to the Royal Australian Naval Reserve Staff;(
c ) Members appointed for special duty on shore, including members of the Naval Dockyard Police, who hold relative rank as follows:—Sub-inspector—Warrant Officer.
Sergeant—Chief Petty Officer.
Senior-constable or Constable—Petty Officer.
(2) A Commissioned Officer from Warrant Rank or a Warrant Officer, if qualified for Warrant Rank in accordance with the conditions approved for the Sea-going Force, shall rank with officers of corresponding rank and seniority in that Force, but if not so qualified shall exercise executive command only by virtue of the rank and seniority last held by him in the Sea-going Force, provided that those who have not held rank as Warrant Officer on the Sea-going List shall take command after all other Warrant Officers of whatever seniority.
(2) The promotion of a Warrant Officer to Commissioned Rank, and subsequent promotion, shall be governed by the conditions obtaining for such promotion in the Sea-going Force, provided that the period or Sea-service as Warrant Officer shall not be regarded as a necessary qualification in the case of a promotion of a Warrant Officer on the Auxiliary List to Commissioned Officer from Warrant Rank.
(2) He must not be under the age of 35 years, and must have an assessment for character not less than “V.G.,” provided that a person who has been on Active Service in time of war may be engaged in the Auxiliary Services, if otherwise eligible, prior to his attaining the age of 35 years.
(3) A candidate for engagement as a member of the Royal Australian Naval Reserve Staff for duty as Instructor must have qualified in a specialist branch of the Naval Service, and be recommended as competent to carry out the duties of Instructor in that Branch.
(4) A candidate for engagement as an employee attached to the Royal Australian Naval Reserve Staff must have held a rating not lower than able seaman or its equivalent.
(2) An officer of the Permanent Naval Forces (Sea-going) may be lent for duty on the Royal Australian Naval Reserve Staff for a period not exceeding three years.
(3) A Chief Petty Officer or Petty Officer, or an equivalent rating may be lent from the Permanent Naval Forces (Sea-going) for duty on the Royal Australian Naval Reserve Staff for a period not exceeding two years.
(2) A Petty Officer of the Royal Australian Naval Reserve Staff may, subject to a vacancy existing, and provision on the Appropriation, be promoted to Chief Petty Officer on completing four years’ combined sea and shore service in the rating of Petty Officer.
(3) The promotion of a Petty Officer of over four years’ seniority lent to the Royal Australian Naval Reserve Staff, under the provisions of sub-regulation (3) of regulation 91, shall be subject to the conditions governing promotion in the Sea-going Force.
(2) When suitable applicants from the Permanent Naval Forces are not available for employment as Boatmen, engagements may be effected from applicants who have served in other Naval Forces.
(3) A Boatman on engagement shall be appointed to the corresponding class as set forth in the following table, according to the substantive rating last held in the Permanent Naval Forces (Sea-going) or on the Royal Australian Naval Reserve Staff, as the case may be:—
Substantive Rating Last Held. | Corresponding Class of Boatman. |
| 2nd |
| 3rd |
| 4th |
(4) A person engaged as Boatman who is not an ex-member of the Permanent Naval Forces shall be appointed to the 4th Class.
(5) A Boatman shall be advanced to the next higher class up to, and including, 2nd Class, on completion of one year’s service in a class.
(6) Advancement to Boatman, 1st Class, shall be by selection, subject to conditions approved by the Naval Board.
(2) A Boatman may, subject to the exigencies of the Service, be permitted to transfer to a vacancy in another Sub-District at his own expense.
(2) Promotions to Senior Constable, Sergeant and Sub-Inspector, which shall be made under such conditions as the Naval Board may approve, shall be subject to vacancies existing and provision being made on the Appropriation.
(3) Seniority in grade shall date as from date of first appointment in that grade, irrespective of rate of pay or previous service in the Naval Forces.
Section III.—Half-pay, Retirements and Resignations.
(2) An Officer who has been on the Half-pay List for a period of six consecutive months may, if not then re-employed, be retired, when Half-pay shall cease. An Officer who has been on the Half-pay List for twelve consecutive months shall be retired from the date on which the twelve months’ half-pay time is completed.
(2) An Officer who, for any reason, may be unfitted or not qualified for service in sea-going ships in the rank he holds (unless the unfitness is only temporary), shall be retired from the Sea-going List.
(3) Retirement from the Sea-going List under this regulation shall not debar an officer for employment in the Auxiliary Services, if otherwise eligible.
(2) In cases where it is recommended that an officer who has not been brought to trial by Court-martial, shall be dismissed or his services dispensed with, the Naval Board shall notify the officer of the charge or complaint made against him, and call upon him to answer in his defence. In the event of the answer being unsatisfactory, or an answer not being received within a reasonable time, the officer’s commission, warrant, or appointment may, on the recommendation of the Naval Board, be cancelled.
Rank or Relative Rank. | Retiring Age |
| 55 |
| 50 |
|
45 | |
| 40 |
| 55 |
| 60 |
| 55 |
(2) An officer of the Permanent Naval Forces (Sea-going) who, on and after 1st January, 1923, received his first appointment:—
(
a ) on entry from the Shore,(
b ) on entry from the R.A.N. College,(
c ) on promotion to Mate or Warrant Rank,
shall be retired from the Active List on attaining the age prescribed below:—
Rank or Relative Rank | Retiring Age. | |
| 65 | |
| 60 | |
| 55 | |
| 50 | |
| 45 | |
| ||
| 55 | |
| 50 | |
Rank or Relative Rank. | Retiring Age |
| 62 |
| 57 |
| 60 |
| 55 |
| 52 |
| 60 |
(2) An officer appointed to the Auxiliary Services or on after 1st January, 1925, whether by transfer from the Sea-going List or otherwise, shall be placed on the Retired List on attaining the age prescribed in these regulations for the retirement of an officer of corresponding rank on the Sea-going List
(2) If qualified for the Reserve of Officers, an officer may at any time be placed on the Emergency List instead of resigning his Commission or Warrant.
(
a ) hold commissions in the Permanent Naval Forces:(
b )have served as officers in the Royal Navy, or the Permanent Naval Forces of one of the British Dominions, and are under no obligation to serve in such service in time of war or emergency; or(
c ) being officers of the Retired List or Emergency List of the Royal Navy are domiciled in Australia or its Territories.
(2) An officer shall retire from the Emergency List on attaining the age of 60 years.
(3) Medical Officers and Engineer Officers shall remain eligible only provided they continue to practice their profession.
(
a ) shall be liable for service in time of war or Emergency;(
b ) may be voluntarily employed in peace time, on the recommendation of the Naval Board, for such period as is determined, if required temporarily to fill a vacancy in the authorised establishment of Active List officers, provided—(i) that no such officer shall, except in special circumstances, be employed for any period in excess of six months at any one time, and
(ii) that the periods of employment of any such officer shall not exceed in all a total of three years subsequent to the date of his appointment to the Emergency List;
(
c ) may be permitted to undergo voluntary training for a period not exceeding 14 days in every three years.
(
a ) A Sub-Lieutenant will be eligible for promotion to the rank of Lieutenant after attaining three years’ seniority;(
b ) A Provisional Lieutenant (ex-Mate) who, on transfer from the Active List, has not completed his courses for the rank of Lieutenant shall be eligible for confirmation with his provisional seniority. A Mate shall be eligible for promotion to the confirmed rank of Lieutenant as from the date that he would normally have been due for the latter rank had he remained on the Active List (i. e., between two and three and a half years’ seniority as Mate), provided that, to be eligible for promotion before attaining three years’ seniority as Mate, an officer must have—(i) Served not less than two years as Mate;
(ii) Obtained a Watch-keeping Certificate;
(iii) Been recommended for promotion before retirement.
(
c )A Mate (E) who was promoted under normal regulations shall be eligible for promotion to the rank of Engineer Lieutenant as from the dates he would have been due normally for that advancement on the Active List, provided that, to be eligible for this promotion before attaining three years’ seniority as Mate (E), an officer must have—(i) Served not less than two years as Mate (E) on the Active List;
(ii) Been recommended for promotion before retirement.
An Acting Engineer Lieutenant promoted to that rank from Mate (E) under the special War Regulations laid down in King’s Regulations and Admiralty Instructions. Appendix X, Part V., Section I, and transferred from the Active List as Acting Engineer Lieutenant, shall be eligible for confirmation in the rank of Engineer Lieutenant, with his Acting seniority, on completing one year’s seniority in the Acting rank.
(
d )A Lieutenant promoted from Sub-Lieutenant or Mate under the provisions of sub-paragraph (a ) or (b ) or an Engineer Lieutenant promoted from Mate (E) under the provisions of sub-paragraph (c) above shall be eligible for promotion to the rank of Lieutenant-Commander or Engineer Lieutenant-Commander respectively provided he has—(i) Attained eight years’ seniority as Lieutenant;
(ii) Completed two years’ combined Active or “Called Up” service as Sub-Lieutenant or Mate and Lieutenant.
A Lieutenant or Engineer Lieutenant who held that rank on the Active List shall be eligible for promotion to the rank of Lieutenant-Commander or Engineer Lieutenant-Commander respectively on attaining eight years’ seniority.
(
e )A Lieutenant-Commander may, on the recommendation of the Naval Board, be promoted to Commander subject to the following conditions:—(i) that he had, while on the Active List, served the time necessary to qualify for promotion to the rank of Commander on the Active List; and
(ii) that he has attained the age of 40 years.
(
f ) Any other officer holding a rank in which promotion on the Active List is governed solely by seniority in that rank, shall be promoted on the Emergency List on attaining the necessary seniority.(
g )When called up for Active Service during War or Emergency an officer shall be eligible for promotion under conditions then in force for officers of the same class on the Active List.(
h )An officer may be promoted as a special case on the recommendation of the Naval Board irrespective of the regulations governing the promotion of officers on the Active List.
(2) An officer on the Emergency List called upon to undergo a course of instruction may—
(
a )be paid at the rates prescribed in the Naval Financial Regulations for such officers voluntarily re-employed in peace time;(
b ) be paid travelling expenses to and from the place where the course of instruction is held on commencement and termination of course on the basis for Sea-going Officers of similar rank as prescribed in the Naval Financial Regulations;(
c ) be permitted to wear plain clothes;(
d )provided no accommodation is available be paid Lodging Allowance at the rates prescribed in Naval Financial Regulations;(
e ) be victualled in the appropriate Officers’ Mess, or, if no mess is available, be granted the appropriate allowance prescribed in the Naval Financial Regulations.
(2) An officer on the Retired List holding a rank in which promotion on the Active List is governed solely by seniority in that rank, shall be promoted on the Retired List on attaining the necessary seniority.
(2) An officer on the Retired or Emergency List desirous of entering into an engagement under or on behalf of a foreign Government or of accepting any form of employment which will take him away from the Commonwealth or of leaving the Commonwealth at any time for any purpose shall be required to obtain the prior approval of the Naval Board.
(3) Failure to observe the requirements of this regulation shall render an officer liable to have his name removed from the list and to forfeit all rights and privileges belonging to an officer of the Naval Forces.
(
a )A Chief Petty Officer or Petty Officer Instructor serving continuously on the Royal Australian Naval Reserve Staff from a date prior to 1st August, 1921, may, on reaching the age of 50 years, be transferred from the Instructional Staff for service under the provisions of regulation 94 to complete his current engagement.
(
b )A Chief Petty Officer or Petty Officer Instructor appointed to the Royal Australian Naval Reserve Staff subsequent to 1st August, 1921, shall be compulsorily retired on attaining the age of 50 years, but may be re-engaged in another capacity in accordance with the provisions of regulation 94 and sub-regulation (2) of regulation 118.
(2) The foregoing sub-regulation shall not be construed as conferring or implying any right upon any person to continue his employment on the Instructional Staff beyond the period of his engagement.
(2) A Chief Petty Officer or Petty Officer Instructor appointed to the Royal Australian Naval Reserve Staff subsequent to 1st August, 1921, shall, on discharge from the Instructional Staff, be eligible for re-engagement as an employee attached to the Staff, provided vacancies exist locally or at his Home Port, subject to final retirement as prescribed in regulation 119.
(2) Such a rating appointed to the Auxiliary Services prior to 1st August, 1921, who was serving in the Permanent Naval Forces prior to 1st July, 1905, will be compulsorily retired on attaining the age of 60 years. Provided that all service subsequent to the last-mentioned date has been continuous.
(3) Such a rating appointed to the Auxiliary Services prior to 1st August, 1921, who was appointed to the Permanent Naval Forces between 1st July, 1905, and 30th June, 1918, inclusive, will be compulsorily retired on attaining the age of 57 years. Provided that all service subsequent to the last-mentioned date has been continuous.
Section IV.—Discipline—Naval Forces.
(
a )Accept or continue to hold an office in or under the Government of any State, or in or under 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.
(2) 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.
(2) This regulation applies to bands, and 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.
(
a ) The following articles and clauses shall not apply:—Article 757, Table II., Punishments 14„ 17, 18, 19 and 20.
Articles 795, 798 and 799.
(
b )The punishments mentioned in Table II. of Article 757 are not applicable to boys under training in H.M.A. Training Ships and Establishments, for whom special regulations have been adopted, but, subject to the omissions mentioned above, they apply to all other ratings in those ships and establishments.(
c ) All reference to the Royal Marines is omitted.(
d )Wherever the words “Home,” “United Kingdom,” “England,” or similar words occur the words “Commonwealth of Australia” are to be read in their stead.(
e ) Wherever reference to the Admiralty is necessary, reference is to be made to the Naval Board; and wherever reference to the Commander-in-Chief or other Flag Officer is necessary, reference is to be made to the Officer Commanding H.M.A. Squadron from ships under his orders and to the Naval Board in all other cases.(
f ) In the case of members of the Auxiliary Services, punishment by stoppage of pay may be awarded in lieu of the minor punishments prescribed above, and shall be limited to a sum of £5 by a District Naval Officer, or £2 by a Sub-District Naval Officer of or above the rank of Lieutenant, and for sums in excess of £5 the approval of the Naval Board shall be obtained.
For members of the Sea-Going Forces—forty-two (42) days per annum;
For members of the Auxiliary Services—thirty-five (35) days per annum;
(which includes Sundays during long leave and Public Holidays) at such times as the Commanding Officer may deem convenient, provided that where any member has suffered from venereal disease during the year, the period of leave prescribed above shall be reduced by the number of days, not exceeding 30, during which he was under treatment for such disease.
(2) The leave prescribed in this regulation shall include all absences from duty on leave, except the usual short leave at week-ends. The year for calculation of leave shall be from 1st February to the following 31st January.
(3) A proportionate amount of leave may be granted for any portion of a year, calculated as follows:—
(
a ) From date of first entry or re-entry to the following 31st January.(
b )From date of completion of leave on return from service abroad under regulation 137 to the following 31st January.(
c ) From 1st February until date of final discharge.
(2) For all time served at the Royal Australian Naval College an officer or man shall be allowed, in addition to the leave prescribed above, seven days’ leave, to be taken in Australia, i.e., he may take nineteen days’ leave in Australia without any deduction being made from accumulated leave.
(3) The conditions prescribed in sub-regulations (1) and (2) shall apply to all officers on loan from the Royal Navy, and to petty officers and men belonging to the Royal Navy whose current loan engagement in the Royal Australian Navy commenced prior to 1st
October, 1923, provided that any such person may, at his option, in his thereof, elect to be subject to the conditions prescribed in sub-regulations (4), (5), and (6).
(4) Foreign Service leave, not exceeding 42 days on each occasion, may be granted on the following occasions:—
(
a )To an officer or man of the Royal Australian Navy on return to Australia after a period of service abroad.(
b )To a petty officer or man of the Royal Navy on return to England after a period of service in the Royal Australian Navy.
(5) Foreign Service Leave shall be in addition to any leave granted whilst actually on service abroad.
(6) For the purposes of sub-regulations (1), (4), and (5), all service in the Royal Australian Navy, except periods of service in Great Britain or in British Home Waters, of officers, petty officers and men on loan from the Royal Navy shall be reckoned as “service abroad.”
(7) The conditions prescribed in sub-regulations (4), (5), and (6) shall apply to all officers and men belonging to the Royal Australian Navy as from 1st October, 1923, and to all petty officers and men on loan from the Royal Navy whose loan engagement dated subsequent to 30th September, 1923.
(
a ) to cover the period occupied in travelling.(
b ) after a period of specially arduous service.
(2) Officers of the Royal Navy loaned for service in the Royal Australian Navy shall not be required to wear Royal Australian Navy buttons.
1 dirk and belt.
1 pair binoculars, prism.
1 telescope.
(2) On the officer being rated Acting Sub-Lieutenant, or on his discharge from the Service, the dirk and belt shall be returned to the Victualling Store Officer, Sydney.
(3) The other articles on loan are to be returned to the Naval Store Officer, Sydney, in the following events:—
(
a ) On the discharge from the Service of an officer before attaining the rank of Lieutenant.(
b ) On an officer finally qualifying for specialization in Engineering.
On promotion to the rank of Lieutenant, these articles shall become the personal property of the officer.
(4) In the event of loss or damage, these articles shall be replaced at the officer’s own expense unless it is proved that the loss or damage was caused by circumstances beyond his control.
(5) The instruments shall be inspected quarterly by the Commanding Officer of the ship in which junior officers are serving and he shall satisfy himself that they are in good condition.
(
a ) Cap ribbons shall bear the designation “H.M.A.S.” instead “H.M.S.”(
b )The buttons shall be of the special design adopted for the Royal Australian Navy, provided that petty officers and men on loan from the Royal Navy shall not be required to wear Royal Australian Navy buttons.
Section VIII.—Medals For “Conspicuous Gallantry” and “Long Service and Good Conduct.”
(2) Before this medal is awarded, the Admiralty shall adjudicate upon the application.
(3) 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.
(2) The Naval Board may approve, on considering the merits of any particular case, the restoration of a Long Service and Good Conduct Medal where the period of continuous “Very Good” character between the date of deprivation of the Medal and the date of completion of engagement is less than five years.
(3) A Medal may also, with the sanction of the Naval Board, be restored at any time if a Petty Officer or Man has rendered some special service.
Section IX.—Miscellaneous.
(
a ) Upon the King and other Royal Personages; and upon Presidents of those Republican States in which the Sovereign is represented by an ambassador.(
b ) At State ceremonials.
(
a )When a Foreign General or Flag Officer lands within His Majesty’s Dominions to visit the Governor-General, the Governor, Naval Board, District Naval Officer, or Commandant.(
b )To receive distinguished personages other than those mentioned in regulation 157.
(2) Any such ship or other vessel may be removed and employed on any naval service.
(3) The conditions of hire shall be settled between the Naval Board and the owners as soon as possible after requisition. In the event of disagreement, the matter shall be decided by an arbitrator appointed by the Governor-General.
(2) The conditions, including rent and period of occupation, under which possession is taken shall be settled between the owner and the proper Commonwealth authority as soon as possible after occupation. In the event of disagreement the matter shall be decided by an arbitrator appointed by the Governor-General.
animal, or land referred to in regulations 162, 163 or 164 of these Regulations, fails, on request, to deliver the same or to render every reasonable assistance in connexion therewith, or any person who interferes or obstructs any officer authorized to take any action under those regulations shall be guilty of an offence.
Penalty: Twenty pounds or imprisonment for three months, or both.
(
a ) 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.(
b )In the case of a ballot for men to serve in an existing division, the Commanding Officer shall be present; in other cases the recruiting officer shall be present.
(
c ) The presiding magistrate shall 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.(
d )Two scrutineers shall 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, shall act as scrutineer on behalf of His Majesty.(
e ) The presiding magistrate shall be responsible for conducting the ballot in accordance with the Acts, and in such a manner as to produce an impartial result.
Printed, and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
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