Australian Military (Places of Detention) Regulations

STATUTORY RULES.

1940. No. 58

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REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 Act 1903-1939.

Dated this tenth day of April, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Australian Military (Places Of Detention) Regulations.

Citation.

1. These Regulations may be cited as the Australian Military (Places of Detention) Regulations.

Definitions.

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

“Commandant” means, in relation to a detention barrack, the officer, warrant officer or non-commissioned officer appointed to be the Commandant, and, in relation to a military prison, means the officer appointed to be superintendent or governor of the prison, and includes any person for the time being performing the duties of a Commandant or superintendent or governor, as the case may be;

“proper authority” means—

(a) in relation to a detention barrack or military prison situated in the Northern, the Eastern or the Western Command, the General Officer commanding the Command in which the barrack or prison concerned is situated;

(b) in relation to a detention barrack or military prison situated in the 7th Military District, the District Commandant of that District; or

(c) in relation to a detention barrack or military prison situated in the Southern Command, the District Commandant of the military district in which the barrack or prison concerned is situated;

* Notified in the Commonwealth Gazette on  , 1940.

1610.—10/28.3.1940.—Price 8d.

“soldier temporarily committed for safe keeping” means any person charged with an offence triable by court-martial who is committed to a detention barrack or military prison under a warrant for temporary detention issued in pursuance of section 115 of the Defence Act 1903-1939 and regulation 232 of the Australian Military Regulations or under a warrant of temporary commitment issued in pursuance of that section and regulation 357 of those Regulations;

“soldier under sentence” means any person undergoing sentence in a detention barrack or military prison;

“the staff” means the staff of a detention barrack or military prison.

(2.) Except as provided in this regulation, words used in these Regulations shall have the same meaning as words used in the Australian Military Regulations.

Control of detention barracks and military prisons.

3. The Military Board shall have control of military prisons and detention barracks, and, for this purpose, may issue orders and instructions, not inconsistent with the provisions of these Regulations, in relation to the management, inspection, discipline, interior economy and military training therein.

The Commandant.

4.—(1.) The Commandant shall be charged with the general discipline, management and care of the detention barrack or military prison under his command.

(2.) The Commandant shall, in relation to the warrant and noncommissioned officers of the Australian Provost Corps on the staff of the detention barrack or military prison under his control, have and exercise such powers and functions as are vested in a commanding officer by the Army Act, the Rules of Procedure and the Australian Military Regulations.

Powers, &c. of Members of Staff.

5. A member of the staff of a detention barrack or military prison shall, by virtue of his appointment to that staff, while in the course of, and for the purpose of the execution of, his duty as a member of that staff, have all such powers, authorities, protection and privileges as a constable of the Police Force of the State or Territory within which the detention barrack or military prison, as the case may be, is situated has in the course of, and in relation to the execution of, his duty as a constable of the Police Force.

Visiting Officer.

6.—(1.) The proper authority shall, in respect of each detention barrack or military prison, detail an officer to be the visiting officer (in these Regulations referred to as “the visiting officer”), who shall have such powers and functions as are conferred upon him by these Regulations.

(2.) The visiting officer shall at such times or regular intervals as are directed by the proper authority visit the barrack or prison and shall see all men under sentence or temporarily committed for safe keeping.

(3.) Any soldier under sentence or temporarily committed for safe keeping shall be entitled to make complaints regarding his welfare or treatment to the visiting officer who shall inquire into any complaint which he considers reasonable.

(4.) The visiting officer shall furnish to the proper authority a report in respect of each visit, including a report upon any complaints into which he has inquired, together with any remarks or recommendation thereon which he deems fit to make.

Discipline.

7.—(l.) Soldiers in detention barracks or military prisons undergoing detention under sentences of civil courts or courts-martial, or awards of a Commanding Officer shall be dealt with alike, and subjected to the same discipline.

(2.) Military prisoners undergoing imprisonment with hard labour in detention barracks or military prisons may be required to perform such labour as is approved by the Military Board, but otherwise they shall be treated in the same manner as soldiers undergoing detention.

Searching of soldiers under sentence.

8.—(1.) Soldiers under sentence and soldiers temporarily committed for safe keeping shall be searched on admission and at such other times as the Commandant directs, and all prohibited articles shall be taken from them.

(2.) In this regulation, “prohibited articles” means any articles which the Military Board, by order, declares to be prohibited articles.

Medical examination of soldiers under sentence.

9. Every soldier under sentence shall, as soon as possible after admission be examined by the medical officer, who shall record the state of health of the soldier and any observation which he thinks fit to include in the particulars recorded.

Weight of soldiers under sentence.

10. Every soldier under sentence shall, both on admission and on release, be weighed by the medical officer, and his weight shall be recorded.

Measuring, photographing &c., of soldiers under sentence.

11.—(1.) A soldier under sentence may be photographed and his physical measurements and finger-prints may be taken on his admission and at such other times as the Commandant directs.

(2.) A copy of a photograph or finger-prints taken in pursuance of this regulation shall not be supplied to any person unless he is authorized by the Commandant to receive the copy of the photograph or the finger-prints, as the case may be.

Employment of soldiers under sentence.

12. Soldiers under sentence shall not be employed—

(a) directly or indirectly, for the private benefit or advantage of any person or persons; or

(b) upon industrial work for private firms, individuals or regimental institutes,

unless an order for such work is received through the Australian Army Ordnance Corps.

Employment on Sundays, Christmas Day and Good Friday.

13.—(1.) A soldier under sentence shall not be required to work on Christmas Day, Good Friday or on Sundays, except on such duties as are strictly necessary for the service of the detention barrack or prison.

(2.) Sub-regulation (1.) of this regulation shall not apply in the case of any soldier under sentence who is of the Jewish religion, but any such soldier shall not be required to work on any day observed in that religion as the Sabbath Day.

Hours of employment.

14. Except as otherwise provided in these Regulations, every soldier under sentence shall, during the period of his sentence, be employed for not less than six, but not more than nine, hours a day, exclusive of the time allotted for meals.

Soldiers under sentence— fitness for work.

15.—(1.) A soldier under sentence shall not be required to perform any work of any description unless and until he is certified by the medical officer to be fit for such work.

(2.) A soldier under sentence who is suffering from physical or other infirmity shall be employed on such work and in such manner as the medical officer directs.

Disposal of soldier’s private property.

16. The private property of a soldier under sentence shall be forwarded to the detention barrack or military prison in which he is confined or temporarily committed for safe keeping, and shall be returned to him on his release.

Tobacco, liquor, &c., forbidden.

17. A soldier under sentence shall not be allowed the use or possession of tobacco in any form or any intoxicating liquor.

System of progressive stages.

18. The Military Board may issue orders and instructions providing for the establishment and operation of a system of progressive stages determined by the allotment of marks for good conduct, with specific privileges attached to each stage.

Remission of term of imprisonment or detention.

19. If the Commandant certifies that a soldier, sentenced to detention or imprisonment for a period of or exceeding twenty-eight days, has displayed—

(a) special industry and good conduct, and

(b) (except in the case of a soldier sentenced to discharge with ignominy from the Military Forces on the expiration of a term of imprisonment or detention) proficiency in, and attention to, drill and military training,

any such part of the term of his detention or imprisonment as does not exceed one-sixth of the period of the term to which he was sentenced may be remitted.

Release of soldier under sentence.

20. A soldier under sentence shall not be released before the date of the termination of the period of his sentence of detention or imprisonment, after the deduction of any period of that sentence which has been remitted, except by written order of the competent military authority made in pursuance of regulation 352 of the Australian Military Regulations and delivered to the Commandant.

Offences by soldier under sentence.

21. A soldier under sentence shall be guilty of an offence against these Regulations if he—

(a) disobeys any lawful order given by the Commandant or any member of the staff;

(b) treats with disrespect any member of the staff, the visiting officer or any person employed in connexion with the detention barrack, prison or works;

(c) is idle, careless or negligent at work, or refuses to work;

(d) is absent without leave from educational training or any parade;

(e) behaves irreverently at Divine Service;

(f) swears, curses or uses any abusive, insolent, threatening or other improper language;

(g) is indecent in language, act or gesture;

(h) without authority, converses or otherwise holds intercourse with another soldier under sentence;

(i) sings, whistles, or creates any unnecessary noise or disturbance, or gives any unnecessary trouble;

(j) without permission, leaves his room or other appointed location, or his place of work;

(k) in any way wilfully disfigures or damages any part of the detention barrack or prison, or any Departmental property to which he has access;

(l) commits any nuisance;

(m) has in his room or possession any article which he is not lawfully entitled to have;

(n) without permission, gives to, or receives from, any other soldier under sentence or temporarily committed for safe keeping any article whatever;

(o) is inattentive at drill, useful instruction or educational training;

(p) uses or offers personal violence to a member of the staff or to another soldier under sentence or temporarily committed for safe keeping;

(q) escapes or attempts to escape from a detention barrack or prison; or

(r) offends in any way against good order and discipline.

Powers of Commandant to deal with offences.

22.—(1.) Subject to these Regulations, the Commandant may deal summarily with the case of any soldier under sentence charged with an offence against these Regulations.

(2.) Where the Commandant deals summarily with the case, he may, if he finds the soldier guilty of the offence, impose any one or more of the following punishments:—

(a) Close confinement for any period not exceeding three days;

(b) No. 1 scale punishment diet for a period not exceeding three days;

(c) Reduction from the higher stage to the lower stage, in a system of progressive stages, or postponement of promotion to the higher stage for a period not exceeding fourteen days;

(d) Deprivation of mattress for any period not exceeding three days;

(e) Forfeiture of remission of punishment, either in whole or in part;

(f) No. 2 scale punishment diet for a period not exceeding seven days;

(g) Such extra drill as the Commandant in his discretion directs;

(h) Deduction of marks under a system of progressive stages when the man is “cautioned” or “admonished”;

(i) Deprivation of library books.

(3.) In any detention barrack or military prison not under the control of a Commandant who is a commissioned officer the powers conferred by this regulation upon the Commandant may be exercised by the visiting officer.

Request for Board of Visitors.

23. If any soldier under sentence is charged with an offence or with repeated offences for which the punishments which the Commandant is authorized to inflict are, in the opinion of the Commandant, too lenient, having regard to the nature of the offence or offences, the Commandant shall report the case to the proper authority with a view to the assembling of a board of visitors.

Board of Visitors.

24.—(1.) The proper authority may, upon receipt of a report by the Commandant in pursuance of the last preceding regulation, assemble a board of visitors for the purpose of hearing and determining a charge against a soldier under sentence.

(2.) A board of visitors, assembled in pursuance of this regulation, shall, except as provided in the next succeeding sub-regulation, consist of three field officers who shall be not below the rank of Lieutenant-Colonel.

(3.) If the officers specified in the last preceding sub-regulation cannot, with due regard to the needs of the Defence Force at the time, be assembled, the board may consist of two field officers of whom at least one shall be of a rank not below that of Lieutenant-Colonel.

(4.) The conduct of proceedings relating to the hearing and determination by boards of visitors of charges against soldiers under sentence shall be as ordered or directed by the Military Board.

Punishment by Board of Visitors of soldier under sentence.

25. A board of visitors may order a soldier under sentence whom it finds guilty of an offence to be punished by any one or more of the following punishments:—

(a) Close confinement for a period not exceeding fourteen days;

(b) No. 1 scale punishment diet for a period not exceeding fifteen days;

(c) Reduction from the higher stage to the lower stage in a system of progressive stages, or postponement of promotion to a higher stage for a period not exceeding twenty-eight days;

(d) Forfeiture of remission of punishment up to, but not exceeding a period of twenty-eight days remission previously granted.

Punishment— generally.

26.—(1.) No punishment of any kind shall be imposed upon a soldier under sentence except as provided for in these Regulations.

(2.) Any punishment imposed shall begin as from the date of its imposition.

(3.) A soldier under sentence shall not be punished for an offence against these Regulations unless and until he has been afforded an opportunity of hearing the charges and evidence against him and of making his defence.

Soldier under punishment not to be deprived of certain things.

27. A soldier under sentence, if punished for an offence by being placed on a punishment diet, or in close confinement, or on a punishment diet in close confinement in his own room, shall not on that account be deprived of his room furniture or books, or be subjected to any discipline beyond that specified in the sentence:

Provided that any soldier under sentence who is violent or inclined to violence may be confined in a room, or, in the case of a military prison, a special cell, from which all articles of furniture, except the urinal, may be removed during the daytime.

No. 1 scale punishment diet.

28.—(1.) No. 1 scale punishment diet, in the case of any soldier under sentence placed on this diet for a period of three days or less, shall consist of 1 lb. bread per day and water.

(2.) If a soldier under sentence is placed on No. 1 scale punishment diet for a period in excess of three days, his diet shall consist of bread and water, as prescribed in sub-regulation (1.) of this regulation, for periods of one, two or three days, alternating with periods of corresponding duration on the ordinary diet of the detention barrack or prison, as the case may be.

(3.) The duration of the periods on the respective diets referred to in the last preceding sub-regulation shall be as the Commandant, in his discretion, but having regard to any recommendation by the medical officer, directs.

(4.) A soldier under sentence placed on No. 1 scale punishment diet shall not be required to work or attend parades during the whole period for which the punishment is imposed.

(5.) No soldier under sentence who has been on No. 1 scale punishment diet for a period of three days continuously shall again be placed upon this diet in respect of a fresh offence until the expiration of an interval of three days after the termination of the period for which he was on this diet, during which interval he shall be placed on the ordinary diet of the detention barrack or prison, but shall not be required to work or attend parades.

No. 2 scale punishment diet.

29.—(1.) No 2 scale punishment diet shall be as follows:—

Breakfast.

Daily—

Dinner.

Daily—

Supper.

Daily—

(2.) A soldier under sentence placed on No. 2 scale punishment diet shall attend all parades and take part in all work performed by other soldiers on the ordinary diet of the detention barrack or prison, and may also be required to perform such extra drill as the Commandant, in his discretion, directs.

(3.) No soldier under sentence who has been on No. 2 scale punishment diet for a period of seven consecutive days shall again be placed upon a punishment diet in respect of a fresh offence until the expiration of an interval of three days after the termination of the period for which he was placed on No. 2 scale punishment diet, during which interval he shall be placed on the ordinary diet of the detention barrack or prison.

Mechanical restraint.

30.—(1.) A soldier under sentence or temporarily committed for safe keeping shall not he put under mechanical restraint by the Commandant except in cases of urgent necessity and only for the purpose of restraining the soldier, and not as or by way of punishment.

(2.) An order for mechanical restraint shall be in writing and shall specify the cause that gave rise to the order and a definite period not exceeding twenty-four hours from the time of the making of the order during which it is to remain in operation, whether the restraint is continuous or intermittent.

(3.) Where an order for mechanical restraint is made on the recommendation of the medical officer, the recommendation shall be in writing and shall state that the mode and the time of restraint ordered are, in the opinion of the medical officer, in accordance with the necessity of the case.

(4.) The fact that mechanical restraint is ordered on the recommendation of the medical officer shall be stated in the order.

(5.) The Commandant shall record in his journal full particulars of each case in which mechanical restraint is necessary and of every order made with regard thereto, and shall report the matter to the proper authority immediately upon the making of the order.

(6.) A soldier under sentence or temporarily committed for safe keeping shall not be kept under mechanical restraint (whether continuous or intermittent) for any longer period than twenty-four hours without a further order in writing from the proper authority or the medical officer specifying the cause that gave rise to the further order.

(7.) The Commandant shall record in his journal full particulars of each further order for mechanical restraint, and, if the order is made by the medical officer, or the Commandant, shall report the matter to the proper authority immediately upon the making of the order.

(8.) Notwithstanding anything contained in this regulation, any further order made by the medical officer for mechanical restraint, in any particular case shall be subject to any orders made by the proper authority.

(9.) Handcuffs, strait jackets and body belts of a pattern approved by or under the direction of the Military Board shall be the only means of mechanical restraint to be used upon soldiers under sentence or temporarily committed for safe keeping.

Use of handcuffs.

31.—(1.) In the event of violence by a soldier under sentence or temporarily committed for safe keeping, the Commandant may by order in writing direct that such soldier be placed in handcuffs.

(2.) An order made in pursuance of this regulation shall specify the date and hour when the handcuffs are to be put on and whether they are to be placed with the hands in front of or behind the body.

(3.) The person carrying out any order made in pursuance of this regulation shall endorse on the order how it was carried out and the date and hour of each removal and replacement or change of position of the handcuffs.

(4.) If, on account of the peculiar violence of a soldier in respect of whom an order under this regulation is made, it is necessary that the handcuffs he placed behind his body, they shall be removed to the front of his body at meal times and bed time, and replaced behind his body after meals, and after he rises from bed in the morning.

Strait jackets.

32.—(1.) The strait jacket may be used, upon the recommendation of the medical officer, when a restraint is necessary to prevent a soldier under sentence or temporarily committed for safe keeping from injuring himself or others or destroying clothing or other articles.

Supervision by the medical officer.

(2.) The medical officer shall visit a soldier placed under restraint in the strait jacket as often as the circumstances warrant, but in any case at least twice in every twenty-four hours, and shall keep a record of the day and the hour when the restraint was applied, the day and the hour at which it was finally discontinued, and the reasons for which he certifies its employment to be necessary.

(3.) Restraint by strait jacket shall not be continued longer than the period certified in the record by the medical officer as necessary.

(4.) If, after any period of twenty-four hours (whether continuous or intermittent), it is necessary for restraint by strait jacket to be continued, the strait jacket shall be removed at the end of that period, and one hour at least shall be allowed to elapse before it is re-applied.

Body belts.

33.—(1.) The body belt may be used for restraining soldiers under sentence or temporarily committed for safe keeping who are guilty of violent conduct, and for whom the other means of restraint are inappropriate.

(2.) A body belt shall not be continued for a longer period than is necessary for the soldier’s own safety, or for that of others, and it shall in all cases be used only on the recommendation of the medical officer.

(3.) Subject to this regulation, the use of the body belt shall be subject to the same restrictions as are specified in the last preceding regulation in relation to the use of the strait jacket.

Canvas clothing.

34.—(1.) Soldiers under sentence or temporarily committed for safe keeping who destroy their ordinary clothing may be clothed in a canvas suit, consisting of frock and trousers made of canvas sail cloth, not exceeding twelve pounds in weight.

(2.) The Commandant shall record the dates upon which each soldier put into canvas clothing begins and ceases to wear the dress, and shall report the particulars of each case to the visiting officer who next visits the detention barrack or prison.

Liability for loss or damage caused by soldier under sentence.

35. In the event of any article, the property of the detention barrack or prison, being lost or damaged wilfully or through carelessness, by a soldier under sentence, or in the event of any damage being committed by a soldier to his room, room furniture, or any part of the detention barrack or prison, the Commandant shall make a charge of the amount of such loss or damage against the Commanding Officer of the unit to which the soldier belongs, who shall recover the amount from the soldier on his return to his unit by stoppage from his pay.

Liability for loss or damage caused by member of staff.

36. Members of the staff shall be liable to pay for any articles committed to their charge which through their negligence may be lost or damaged, or for any other damage which they may commit.

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