Air Force (Women's Services) Regulations

STATUTORY RULES.

1943. No. 69.

REGULATIONS UNDER THE AIR FORCE ACT 1923-1941.*

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 1923-1941.

Dated this twenty-third day of March, 1943.

(Sgd.) GOWRIE

Governor-General.

By His Excellency’s Command,

(Sgd.) ARTHUR S. DRAKEFORD

Minister of State for Air.

AIR FORCE (WOMEN’S SERVICES) REGULATIONS.

Part I.—Introductory.

Citation and administration.

1.—(1.) These Regulations may be cited as the Air Force (Women’s Services) Regulations.

(2.) These Regulations shall be administered by the Minister of State for Air.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Introductory.

Part II.—Royal Australian Air Force Nursing Service.

Part III.—Women’s Auxiliary Australian Air Force.

Part IV.—Discipline.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“airwoman” does not include an officer, but includes every enlisted member of a Women’s Service;

“Women’s Service” means one of the Services specified in regulation 4 of these Regulations.

(2.) Unless the contrary intention appears, words used in these Regulations shall have the same meaning as in the Air Force Act 1923-1941 and the Regulations made under that Act.

Establishment of Women’s Services.

4. There shall be the following Services, composed of women, appointed or enlisted in accordance with these Regulations, which shall form part of the Permanent Air Force:—

The Royal Australian Air Force Nursing Service

The Women’s (Auxiliary) Australian Air Force.

* Notified in the Commonwealth Gazette on , 1943.

Eligibility.

5. A woman shall be eligible for appointment to, or enlistment in, a Women’s Service, if she has—

(a) attained the age of eighteen years, but has not attained the age of forty years; and

(b) passed such medical examination as is approved by the Air Board:

Provided that a woman who has attained the age of forty years, but has not attained the age of fifty years, may be appointed to, or enlisted in, a Women’s Service, if the Air Board certifies that she has special qualifications or that it considers that special circumstances warrant her appointment or enlistment.

Members of existing organizations.

6.—(1.) Notwithstanding anything contained in regulation 5 of these Regulations, any woman who is, at the date of the commencement of these Regulations, a member of the organization called the Royal Australian Air Force Nursing Service or of the organization called the Women’s Auxiliary Australian Air Force shall be eligible, if she is a member of the first-mentioned organization, for appointment as an officer of the Royal Australian Air Force Nursing Service, or, if she is a member of the second-mentioned organization, for appointment to, or enlistment in, the Women’s Auxiliary Australian Air Force constituted under these Regulations, and, upon her appointment or enlistment, she may be granted the same rank as that held by her in the organization of which she was a member at the date of appointment or enlistment, as the case may be.

(2.) Notwithstanding anything contained in any regulation or order requiring the seniority in rank of a member to be taken into account in respect of promotion, any member of a Women’s Service who, at the date of her appointment or enlistment, was a member of one of the organizations mentioned in sub-regulation (1.) of this regulation shall be deemed to have seniority as if her service in that organization had been service in the Women’s Service of which she has become a member.

Application of the Air Force Regulations.

7. The Air Force Regulations for the time being in force shall, subject to such modifications and adaptations as are expressly provided or necessarily implied by these Regulations, apply to and in relation to any Women’s Service and the members thereof, but, in the application of the first-mentioned Regulations references therein to a non-commissioned officer shall be deemed not to include an under-officer of the Women’s Auxiliary Australian Air Force, and references to a warrant officer shall be deemed to include an under-officer.

Leave of absence.

8. Part V. of the Air Force Regulations shall not apply to members of a Women’s Service, and leave of absence may be granted to members of a Women’s Service for such periods and subject to such conditions as the Air Board from time to time determines.

Part II.—Royal Australian Air Force Nursing Service.

Constitution.

9. The Royal Australian Air Force Nursing Service shall consist of female officers appointed to and issued with commissions in that Service and shall constitute a branch of the Air Force to be known as the Nursing Branch.

Ranks.

10. The ranks of officers in the Royal Australian Air Force Nursing Service shall be those set out in the first column of the following table, and, for the purpose of determining relative rank, they shall correspond with the ranks of male officers of the Air Force specified opposite thereto respectively in the second column of that table:—

Authority to command and subordination of members.

11.—(1.) An officer of the Royal Australian Air Force Nursing Service shall exercise command over only officers of the Royal Australian Air Force Nursing Service junior to or inferior in rank to herself and other members of the Air Force detailed or attached for duty under her command, when those members are on duty.

(2.) An officer of the Royal Australian Air Force Nursing Service shall be subject to the command of officers of that Service senior or superior in rank to herself and of male officers of the Air Force whose relative rank is not inferior to her own, and, in matters of medical or sanitary service, shall be subject to the command of officers of the Medical Branch of the Air Force, irrespective of rank.

Part III.—Women’s Royal Australian Air Force.

Constitution.

12. The Women’s Auxiliary Australian Air Force shall consist of female officers appointed to and issued with commissions in, and airwomen enlisted in, that Service, and shall constitute a branch of the Air Force to be known as the Women’s Auxiliary Australian Air Force Branch.

Ranks of officers.

13. The ranks of officers in the Women’s Auxiliary Australian Air Force shall be those set out in the first column of the following table, and, for the purpose of determining relative rank, they shall correspond with the ranks of male members of the Air Force specified opposite thereto respectively in the second column of that table:—

Period of enlistment.

14. A woman enlisting in the Women’s Auxiliary Australian Air Force may be required to engage to serve for the period of the time of war current at the date of her enlistment and twelve months thereafter.

Ranks of airwomen.

15. The ranks of airwomen shall be those set out in the first column of the following table, and, for the purpose of determining relative rank, they shall correspond with the ranks of airmen specified opposite thereto in the second column of that table:—

Non-commissioned Officers.

Other Ranks.

Authority to command and subordination of members.

16.—(1.) A member of the Women’s Auxiliary Australian Air Force shall exercise command over only members of that Service junior to or inferior in rank to herself and other members of the Air Force detailed or attached for duty under her command, when those members are on duty.

(2.) A member of the Women’s Auxiliary Australian Air Force shall be subject to the command of members of that Service senior or superior in rank to herself and of male members of the Air Force whose relative rank is not inferior to her own.

Part IV.—Discipline.

Modification of the Air Force Act, &c.

17. The Air Force Act, the Rules of Procedure and the King’s Regulations and Air Council Instructions, as applied to the Air Force, shall, in their application to and in relation to a Women’s Service and the members thereof, be read and take effect subject to these Regulations and as if any provision therein rendering a member liable to trial and punishment by court martial for an offence were a provision rendering the member liable to be dealt with summarily for that offence, and as if “airman” within the meaning of that Act and those Rules, Regulations and Instructions included “airwoman”.

Superior officer—in relation to male members.

18. An officer, under-officer or non-commissioned officer of a Women’s Service shall not be deemed to be a superior officer of or superior in rank to a male member of the Air Force, except when she is entitled to exercise command over him in accordance with these Regulations.

Superior officer—in relation to airwomen.

19. In relation to an airwoman, an under-officer or a noncommissioned officer of a Women’s Service of higher rank shall be deemed to be her superior officer.

Disciplinary powers not to be exercised over male members.

20. A member of a Women’s Service shall not order or take into arrest or exercise any disciplinary powers or any powers of punishment over a male member of the Air Force.

Powers of commanding officer.

21.—(1.) Subject to these Regulations, the commanding officer of any member of a Women’s Service (including an officer commanding a detachment) shall, upon an investigation being had of a charge made against her of having committed an offence under the Air Force Act, dismiss the charge, if he in his discretion thinks that it ought not to be proceeded with, but where he thinks that the charge ought to be proceeded with, he shall, in the case of an officer and in any case in which he thinks that the charge ought to be the subject of proceedings

in a civil court, refer the case to he dealt with by an authority mentioned in sub-regulation (1.) of regulation 24 of these Regulations, and in any other case he may, without reference to superior authority, deal with the case summarily.

(2.) Where he deals with a case summarily, he may, if he finds the member guilty of an offence, award her any one or more of the following punishments:—

(i) Reduction in rank or to the ranks;

(ii) Reduction in seniority;

(iii) A fine not exceeding Five pounds or forfeiture of all active pay for a period not exceeding fourteen days;

(iv) Except in the case of an under-officer or non-commissioned officer, extra duties for a period not exceeding fourteen days;

(v) Except in the case of an under-officer or non-commissioned officer, confinement to camp or barracks for a period not exceeding fourteen days;

(vi) Severe reprimand;

(vii) Reprimand;

(viii) Such a deduction from her active pay to make good compensation, loss, damage or destruction as he might award in the case of an airman of the Permanent Air Force.

Delegation to subordinate commander.

22.—(1.) The power of dealing summarily with a case against an airwoman may be delegated by a commanding officer to any subordinate commander under his command.

(2.) A subordinate commander to whom the power to deal summarily with a case against an airwoman has been delegated may, if he finds her guilty of an offence, award her any one or more of the following punishments:—

(a) To an under-officer or non-commissioned officer—

(i) Severe reprimand;

(ii) Reprimand.

(b) To an airwoman other than an under-officer or a noncommissioned officer—

(i) Extra duties for a period not exceeding seven days;

(ii) Confinement to camp or barracks for a period not-exceeding seven days;

(iii) Severe reprimand;

(iv) Reprimand.

Extra duties.

23. Extra duties awarded as a punishment shall be of such a nature and performed at such times as the authority awarding the punishment orders from time to time.

Power to deal summarily with charges against officers and referred cases.

24.—(1.) Any of the authorities competent to exercise the powers conferred by section 47 of the Air Force Act shall have power to deal with a charge against an officer of a Women’s Service or a charge referred under regulation 21 of the Regulations.

(2.) An authority having power to deal with a charge under the provisions of sub-regulation (1.) of this regulation may, upon or without hearing the evidence, dismiss the charge, if he in his discretion thinks it ought not to be proceeded with, or, where he thinks a charge ought to be proceeded with and disposed of otherwise than by proceedings in a civil court, may, after hearing the evidence,

or, if the accused consents thereto in writing, after reading a summary or abstract of the evidence, deal with the case summarily, and, if he finds the member guilty of an offence, award, in the case of an officer, any one or more of the following punishments:—

(i) Reduction in rank;

(ii) Reduction in seniority;

(iii) A fine not exceeding Five pounds or forfeiture of all ordinary pay for a period not exceeding fourteen days;

(iv) Severe reprimand;

(v) Reprimand;

(vi) Such a deduction from her active pay of a sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of the offence as a court-martial might award in the case of a male officer,

and, in the case of an airwoman, any one or more of the punishments specified in sub-regulation (2.) of regulation 21 of these Regulations.

(3.) If the authority thinks that a charge ought to be the subject of proceedings in a civil court, he shall adjourn the case and take the necessary steps for the prosecution of the accused in a civil court.

(4.) The Air Board shall have the like powers of cancelling an award made or varying or remitting a punishment or part of a punishment awarded by an authority mentioned in sub-regulation (1.) of this regulation as it has in the case of an award or punishment by an authority dealing summarily with a charge under section 47 of the Air Force Act.

Dismissal or discharge of an offender.

25.—(1.) An officer empowered under regulation 21 or 24 of these Regulations to deal summarily with a charge against a member of a Women’s Service may, as to any member found by him to be guilty of an offence, in addition to or in lieu of awarding any of the punishments specified in those regulations, if he considers the offence or the circumstances in which it was committed to be of such a nature as so to warrant, recommend that she be dismissed or discharged.

(2.) Where a recommendation that a member of a Women’s Service be dismissed or discharged is made in pursuance of sub-regulation (1.) of this regulation, an authority having power to dismiss or discharge the member may, in lieu of giving effect to the recommendation, in addition to any punishment already awarded her by the officer making the recommendation, award her any one or more of the other punishments which that officer might have awarded her.

Penal deductions of pay.

26. In addition to any other penal deductions which may be made from the active pay of a member of a Women’s Service, penal deductions shall be made of all active pay for every day whilst she is in custody on a charge for an offence of which she is afterwards convicted by a civil court or on a charge of absence without leave of which she is afterwards convicted by an officer dealing summarily with the charge and of the amount of every fine or deduction awarded by an officer in disposing summarily of a charge against her.

Evidence by accused.

27. When an officer authorized to deal summarily with a charge against a member of a Women’s Service has adjourned the case for the purpose of having the evidence reduced to writing, an accused member who elects to give evidence, after she has been duly warned that she is not obliged to do so and that any evidence she gives will be taken down in writing and given in evidence, may be cross-examined upon the evidence she gives.

Guarding of members in custody.

28. A member of a Women’s Service under close arrest and awaiting the disposal of a charge against her shall be guarded by female guards, unless female guards are unavailable.

Entries on conduct sheets.

29. An entry shall be made on the conduct sheets of every airwoman of every recommendation for her discharge made under the provisions of regulation 25 of these Regulations and of every punishment awarded her other than extra duties or confinements to barracks for a period less than seven days or a reprimand.

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