STATUTORY RULES.
1931. No. 115
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REGULATIONS UNDER THE AIR FORCE ACT 1923.
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 Air Force Act 1923, to come into operation forthwith.
Dated this Sixteenth day of September 1931.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
Amendment of Air Force Regulations.
(Statutory Rules 1927, No. 161, amended to this date.)
Tenth Amendment.
1. Regulation 168 is amended by inserting in sub-regulations (1) and (3) after the word “unit” where occurring the words “or station”.
2. Regulations 427 to 430, both inclusive, are repealed and the following regulations are inserted in their stead:—
“Courts of Inquiry.
427.— (1.) A court of inquiry is an assembly of officers or of an officer or officers together with another person or persons directed to collect evidence, and if so required to report with regard to any matter which may be referred to them.
(2.) A court of inquiry may be assembled by the Air Board, an air member of the Air Board or by the officer in command of any body of the Air Force, whether belonging to one or more units.
(3.) A court of inquiry may be composed of any number of members and may include officers of any rank and of any branch or unit of His Majesty’s Forces, according to the nature of the investigation:
Provided that a court of inquiry assembled to inquire into any matter affecting the character or air-force reputation of an officer or airman shall be composed only of officers:
Provided further that where the inquiry relates to the conduct or character of a member of the Citizen Air Force half at least of the officers constituting such court of inquiry shall belong to the Citizen Air Force.
2586.—Price 3d.
(4.) If during an investigation by a court of inquiry anything which affects the character or air-force reputation of an officer or airman and is relevant to the inquiry is disclosed, and the court of inquiry is not constituted in accordance with the last preceding sub-regulation, the court shall report to the assembling authority and adjourn.
Instructions to Court.
427a.—(1.) A court of inquiry shall be guided by the written instructions of the assembling authority. The instructions shall be full and specific and shall state the general character of the information required. They shall also state whether a report is required or not.
(2.) The assembling authority shall, when a court of inquiry is held on a returned prisoner of war, direct it to record its opinion whether the officer or airman concerned was taken prisoner by reason of the chances of war or through neglect or misconduct on his part, and the authority who assembles it shall record his own opinion. In other cases the court of inquiry shall not give an opinion on the conduct of any officer except such conduct as directly affects the matter being investigated, unless so directed by the authority who assembled it.
Oaths and declarations.
427b.—(1.) When a court of inquiry is held for the investigation of illegal absence, on a recovered prisoner of war, for the investigation of injuries, or in any other case in which the authority who assembles a court of inquiry has so directed, the evidence shall be taken on oath, in which case the court of inquiry shall administer the same oath as if the court of inquiry were a court-martial.
(2.) A member of the court of inquiry shall not himself be sworn.
(3.) A member of a court of inquiry on a recovered prisoner of war shall make a declaration in accordance with form 38.
Persons to be examined.
428. A court of inquiry shall take the evidence of every person who it appears to the court may be able to give useful information, and whoso attendance can reasonably be procured.
Summoning witnesses.
428a. The president of a court of inquiry may summon any officer or airman to attend the court of inquiry and give evidence, or produce documents, or both.
Questions to be asked and answered.
428b.—(1.) A court of inquiry shall put to every witness such questions as it thinks desirable for testing the truth or accuracy of any evidence he has given, and otherwise for eliciting the truth.
(2.) An officer or airman called as a witness before a court of inquiry may be ordered to answer any question, or to produce any document, except such as if the inquiry were a judicial proceeding he could legally refuse to answer or produce.
Procedure.
428c.—(1.) The evidence of each witness before a court of inquiry shall be taken down in writing, and read over to and signed by him, or if he cannot write his name, shall be attested by his mark, and witnessed.
(2.) When a shorthand writer is employed, the signing of all or any of the evidence may be dispensed with by the court of inquiry, and, if evidence is likely to be voluminous, and the witnesses numerous, the reading over may be dispensed with by the assembling authority.
(3.) If, in any case, it appears to a court of inquiry that the reading of evidence may and could, without injurious effect, and in the public interest, be dispensed with, it may recommend accordingly.
Inquiry affecting character or Air Force reputation.
429.—(1.) Whenever any matter referred to a court of inquiry appears to affect the character or reputation of an officer or airman as a member of the Air Force full opportunity shall be afforded to the officer or airman of being present throughout the inquiry (except during private deliberations of the court) and of making any statement and of giving any evidence he may wish to make or give, and of cross-examining any witness whose evidence, in his opinion, affects his character or reputation as a member of the Air Force, and of producing any witnesses in defence of his character or reputation as such a member.
(2.) If during an investigation by a court of inquiry anything which affects the character or air-force reputation of an officer or airman and is relevant to the inquiry is disclosed, the officer or airman shall, if it appears to the court to be reasonably practicable, be allowed during the remainder of the investigation the same rights as are given by the last preceding sub-regulation.
Re-assembly.
429a. A court of inquiry may be re-assembled as often as the assembling authority directs for the purpose of examining new witnesses or further examining any witness or recording further information, or of reporting or further reporting.
Proceedings as evidence.
429b. The proceedings of a court of inquiry (not being a court of inquiry under regulation 244) or any confession or statement made at or any answer to a question given at any such court of inquiry shall not be admissible in evidence against an officer or airman before a court-martial or before a civil court in a prosecution for an offence for which he could have been tried by court-martial, nor shall any evidence respecting the proceedings of such a court of inquiry be given against an officer or airman before a court-martial or before a civil court in a prosecution for an offence for which he could have been tried by court-martial, except upon the trial of an officer or airman for an offence against paragraph (lv.) of Regulation 190 or otherwise for wilfully giving false evidence before that court of inquiry, or for any offence committed before that court of inquiry which if committed before a court-martial would amount to contempt of court, or for disobeying a lawful command by refusing to take an oath or make an affirmation legally ordered to be taken or made, or to answer any question or to produce any document which if the proceeding before the court of inquiry were a judicial proceeding the officer or airman could legally be required to answer or produce:
Provided that, if at the trial of an officer or airman the proceedings or any part of the proceedings of a court of inquiry are put in evidence on behalf of the officer or airman or any question with reference to the contents of these proceedings is put on behalf of the officer or airman to and answered by any witness, the prosecutor may use those proceedings at the trial for the purposes and to the extent, if any, for and to which he could have used them if this regulation did not exist.
Supply of copy of proceedings.
429c. An officer or airman, who is tried by a civil court or court-martial in respect of any matter or thing which has been reported on by a court of inquiry and unless the Air Board sees fit to order otherwise an officer or airman whose character or air-force reputation is in the opinion of the Air Board affected by anything in the evidence
or in the report of a court of inquiry, shall be entitled to a copy of the proceedings of the court of inquiry, including any report made by the court of inquiry subject to payment of threepence for every folio of 72 words.
Illegal absence.
430.—(1.) A court of inquiry under Regulation 244 may, when assembled, require the attendance of such witnesses as if thinks sufficient to prove the absence and other facts specified as matters of inquiry in that Regulation.
(2.) The court of inquiry shall take down the evidence given it in writing and at the end of the proceedings shall make a declaration of the conclusions at which it has arrived in respect of the facts it is assembled to inquire into.
(3.) The court of inquiry shall examine any witness who may be desirous of coming forward on behalf of the absentee and shall put such questions to such witness as are desirable for testing the truth or accuracy of any evidence he has given and otherwise for eliciting the truth.
(4.) The court of inquiry in making its declaration shall give due weight to the evidence of any such witness.
Declaration of Court on illegal absence admissible at trial of airman.
430a.—A declaration of a court of inquiry under regulation 244 or a copy of such declaration purporting to be certified to be a true copy by the officer having custody of the original shall on the trial of an airman be admissible as primary evidence of the facts stated in such declaration without proof of the handwriting of such officer or of his having custody of the original.”
3. Regulation 433 is repealed and the following regulation is inserted in its stead:—
“Assessment at compensation.
433.—(1.) Any claim for compensation arising out of the use of any lands under the authority of the last preceding regulation shall be submitted to the officer in charge of the area not less than 72 hours after the occurrence of the damage or loss for investigation by the officer appointed for that purpose. After investigation, the investigating officer aforesaid shall forward the claim, with his recommendations, to the Air Board for decision as to payment or otherwise.
(2.) Any claim under the last preceding sub-regulation shall be submitted in accordance with form 39.”
4. Form 38 of the schedule is amended by omitting in the margin thereto the figures “427” and inserting in their stead the figures and letter “427b”.
5. Form 39 of the schedule is amended—
(a) by omitting the words “officer in charge of the camp” and inserting in their stead the words “officer in charge of the area”;
(b) by omitting the words “For use of Compensation Board Only” and inserting in their stead the words “For use of Investigation Officer Only”; and
(c) by omitting the words “Signature of President of Board” and the words “Signature of Members of the Board” and inserting in their stead the words “Signature of Investigation Officer”.
By Authority: H. J. Green, Government Printer, Canberra.