STATUTORY RULES.
1914. No. 40.
_________
PROVISIONAL REGULATIONS UNDER THE
NAVAL DEFENCE ACT 1910-12.
Regulations and Instructions for
Universal Training—Royal Australian Naval Reserve (O.).
Amendments.
I, THE GOVERNOR-GENERAL in and over
the Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby certify that, on account of urgency, the following Regulations
under the Naval Defence Act 1910-12 should come into operation on and
from 1st July, 1913, and make the Regulations to come into operation
accordingly as Provisional Regulations.
Dated this eighth day of May, One
thousand nine hundred and fourteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E.
D. MILLEN.
REGULATIONS AND INSTRUCTIONS FOR UNIVERSAL TRAINING.
Royal Australian Naval Reserve (o.).
Amendments.
Add
new Regulation 20—The general tenure
of appointments at any place shall be for a period of not less than three nor
more than five years, except at Thursday Island, Cairns, and Townsville, where
the period shall be two years.
Add
new Regulation 21—Any member of the
A. and I. Staff below the rank of Warrant Officer guilty of any act, conduct,
neglect, or disorder to the prejudice of good order and Naval discipline may be
punished by a fine, which may be inflicted by District Naval Officers to the
extent of £5, and by Sub-District Naval Officers of the rank of Lieutenant to
the extent of £2.
The
ordinary punishments authorized by the King’s Regulations may also be inflicted
so far as they can be made applicable to the peculiar nature of employment on
the A. and I. Staff, but offences which, in the opinion of the District Naval
Officer, require a greater punishment than a fine, are to be reported to the
Naval Board, with a view to the offender being dismissed with or without disgrace
(under Article 758 King’s Regulations), or discharged “services no longer
required,” or tried by Court Martial, and, pending the decision of the Naval
Board, all such offenders are to be suspended from duty.
Regulation
28—After “ South Australia” add “and ports where only Naval
Training is carried out, viz.—Thursday Island, Portland, and Port Fairy.”
Add
at end of paragraph:—“At Thursday
Island all trainees, and at Portland and Port Fairy all trainees within a
radius of 5 miles, are to be enrolled for Naval Training.”
Regulation
167—After “compulsory” add “ except as laid down in Article 167a.”
Add
new clause—The names of any
absentees from Continuous Training are to be forwarded to the Director with
full particulars and reasons for non-attendance, and, should any opportunity
arise, they may be permitted to attend the training at another port.
In
the event of such permission being granted, they may be paid travelling
expenses to and from the training ship, but shall not be granted any drill pay,
except in those cases where their failure to attend was due to causes over
which they had no control.
Add
new Regulation 167a—Armourer and Sick Berth ratings for
the first two years, and Writer ratings for the first year, of their training
are to be attached to the Head-Quarter’s Staff for instruction, and are not to
go afloat in the Training Ships. So far as possible, they should perform their
Continuous Training at the same time as the other trainees.
Add
new Regulation 171—All trainees
before being allowed to attend bathing parades are to pass a swimming test, and
when such parade is held at least one Kisbe life-buoy and life-line for every thirty
persons attending is to be provided.
Regulation
197—After “(Date),” in eighth line, add “and the duplicate record
book is to be sent to the Commanding Officer of the ship or establishment or
regiment for which the person has been recruited.”
Regulation
244—After “ clause 1A” add
“ clause a.” Add following new clauses:—It is not intended that,
under ordinary circumstances, a trainee should be proceeded against for absence
without leave on only one or two occasions; but in those cases in which a
wilful defiance of the Act is shown, immediate action is to be taken. So far as
possible the reasons for the absence should be inquired into before instituting
proceedings, and, generally, trainees should be warned that any future case of
absence will involve their appearance before the Court.
In
these cases the information should be drawn, stating that “A.B., being a person
liable to training under the Defence Act 1903-12, did, on the day of 191
, without lawful excuse, fail to attend a compulsory drill.”
The
general principle regarding a “lawful excuse” is that proper representation
should be made to the Commanding Officer, and leave of absence obtained.
Regulation
245—Cancel whole regulation, and substitute the
following:—“Proceedings under section 135, clause 1, of the Defence Act are to
be commenced as early as possible after 1st July in each year, the worst cases
being dealt with first.”
In
these cases the offence should be stated in the following form:—That “A.B.,
being a person who, under the provisions of Part XII. of the Defence Act 1903-12,
was under an obligation to render personal service for the purposes of
training, did, during the year ending 30th June, 191 , fail to render the
personal service required by the said Part of the said Act contrary to the said
Act.”
Regulation
246—After “ 242” add “ 244.”
Regulation
247—Add new clause “All prosecutions are to be conducted by an officer
of the A. and I. Staff. Reserve Officers are not to be detailed for this duty.”
Regulation
250—After “ failure to” insert “ attend a Statutory parade, or”.
Add
following new clauses:—In the case
of adults, the Court is to be asked to impose a penalty of not less than £2,
and any such fine may be recovered from a man's pay under section 107 of the
Defence Act.
In
the case of Cadets, the Court is to be asked to specify an alternative of not
less than seven days' continuous custody in default of payment of fine, as, if
the Court does not, when imposing a pecuniary penalty, specify an alternative
in lieu of payment, the matter cannot afterwards be re-opened, and the
defendant would not be legally liable to be committed.
When
a period of detention has been specified in lieu of payment of fine, a Cadet is
to be allowed two months in which to pay. Should he fail to pay within that
period, the Magistrate is to be asked to issue a warrant for his arrest for
detention in pursuance of the original order.
Add
new Regulation 250a—When any trainee has been committed
to the custody of a prescribed authority, and has been released under the
provisions of section 135, clause 6, of the Defence Act, and has failed to
return to such custody, application is to be made for a warrant for his arrest,
in order that he may be kept in continuous custody, and may be further dealt
with under section 135, clause 7, of the Defence Act.
Add
new Regulation 252—All fines imposed
under the provisions of the Defence Act belong to the Commonwealth. They will
be collected by the Clerk of Court, who should transfer them to the
Departmental Receiver of Public Moneys for payment into Defence Revenue.
District
Naval Officers are responsible that fines imposed in any prosecutions of Naval
trainees in their Districts are duly transferred accordingly.
Add
new Regulation 253—As regards
physical fitness for training, section 138 of the Defence Act recognizes only
the opinion of a prescribed medical authority, and, in cases where the opinion
of that officer is at variance with that of a private practitioner, the
Magistrate has power to decide only in accordance with the former.
Regulation
267, Clause 2—After “ Board” add “or duty in connexion with Courts
of Inquiry or Boards of Examination (see Article 268).”
Regulation
268—Add at end “Except when attending Continuous Training; Reserve
Officers should not, as a rule, be detailed for Courts of Inquiry, or Boards of
Examination, or Boards of Survey. Should this, however, be unavoidable, they
may be granted extra pay as laid down in Article 267, clause 2, on the approval
of the Naval Board. When attending Continuous Training work of this nature
forms part of their ordinary duties, and no extra pay is to be granted.”
Add
new Regulation 274—An allowance of
4s. shall be paid to any Reserve man below the rating of Leading Seaman, who is
qualified in Camp cookery, for each day he is actually so employed in camps of
Continuous Training (including Cadet Camps), provided that he performs his duty
to the satisfaction of the Officer in command of such camps.
Regulation
323—After “sword” insert “(not to be provided for Midshipmen or
Engineer Midshipmen).”
After
“ Boots” insert “1 pair
leggings.”
After
“1 Mess waistcoat” insert “1
white mess waistcoat” and delete “ 1 pair trousers.”
Add
new Regulation 400a—When any member of the Reserve
ceases Naval Training he shall be called upon to account for all articles of
uniform standing to his credit in the Clothing Issue Book. Should he be
entitled under Article 198 to retain his uniform, the District or Sub-District
Naval Officer shall certify accordingly under his name in the Clothing Issue
Book. Should he not be so entitled, any articles fit for re-issue after
disinfection are to be returned into store, the details being noted in the
Clothing Abstract Book, which shall form the necessary voucher for their
posting on the receipt side of the store ledger.
If
the condition of any articles returned should warrant it, the garments are to
be surveyed by a Board, consisting of three members, of which the Storekeeper
shall be one (in Sub-Districts where three members are not readily obtainable,
two shall constitute the Board), and, if recommended by the Board of Survey to
be immediately destroyed, they are to be disposed of accordingly.
The
decision of the Board is to be recorded in the Clothing Issue Book under the
name of the person returning the clothing, and articles condemned and destroyed
need not be taken on charge in the Store Ledger, this certificate being
sufficient record of the transaction.
Reports
of Survey are then to be submitted for covering approval to the Director, who
is to forward quarterly a list of articles thus disposed of to the Naval
Secretary for Board approval.
Should
the unserviceable condition of any articles not be attributable to fair wear
and tear, steps are to be taken to recover their unexpired value from the
individual concerned, as laid down in Article 341.
Regulation
410—Add after “43”
“44. Return of defaulting trainees.”
Printed
and Published for the Government of
the Commonwealth of Australia by Albert J. Mullett, Government
Printer for the State of Victoria.