Australian Military (Places of Detention) Regulations (Amendment)

Legislation au C1944L00171 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 171.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1941.

Dated this twenty-second day of November, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

F. M. FORDE

Minister of State for the Army.

 

Amendments of the Australian Military (Places of Detention) Regulations.†

Definitions.

1. Regulation 2 of the Australian Military (Places of Detention) Regulations is amended—

(a) by inserting, after the definition of “Commandant”, the following definition:—

“‘commanding officer’ means the officer appointed in accordance with regulation 4a of these Regulations to be the commanding officer of soldiers temporarily committed for safe keeping and soldiers under sentence;”;

(b) by omitting the definition of “proper authority” and inserting in its stead the following definition:—

“‘proper authority’ means—

(a) in relation to a detention barrack or military prison situated in a Lines of Communication Area, the Commander of the Lines of Communication Area in which the detention barrack or military prison, as the case may be, is situated; and

 

* Notified in the Commonwealth Gazette on 30th November, 1944.

† Statutory Rules 1940, No. 58, as amended by Statutory Rules 1941, No. 165; and 1943, No. 250.

6245.—Price 3d.


(b) in relation to any other detention barrack or military prison, the Formation, &c, commander responsible for the command, control and administration of that detention barack or military prison, as the case may be;”; and

(c) by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2) Except as provided in this regulation, words and abbreviations used in these Regulations have the same meanings as they have when used in the Australian Military Regulations.”.

2. After regulation 4 of the Australian Military (Places of Detention) Regulations the following regulation is inserted:—

Commanding Officer of detention barrack or military prison.

“4a.—(1) The proper authority shall, in respect of each detention barrack or military prison, appoint a combatant officer of field rank not on the staff to be commanding officer.

(2) For the purposes of the imposition of punishments under these Regulations, of the investigation of charges, of the award of summary and minor punishments, and of the provisions of the D.A., the A.A., the A.M.R., and the R.P. relating to actions incidental to or consequent on any such investigation or award, the commanding officer appointed pursuant to sub-regulation (1) of this regulation shall be the C.O. of the soldiers temporarily committed for safe keeping and soldiers under sentence in the detention barrack or military prison, as the case may be.”.

Repeal of Regulation 18.

3. Regulation 18 of the Australian Military (Places of Detention) Regulations is repealed.

4. Regulations 22, 23, 24 and 25 of the Australian Military (Places of Detention) Regulations are repealed and the following regulations inserted in their stead:—

Powers of Commandant or C.O. to deal with offences.

“22.—(1) Subject to these Regulations, the Commandant may deal summarily with or remand to the C.O. the case of any soldier under sentence or temporarily committed for safe keeping charged with an offence against these Regulations.

(2) The C.O. may deal summarily with any case remanded to him pursuant to sub-regulation (1) of this regulation.

(3) Where the Commandant or the C.O. deals summarily with the case, he may, if he finds the soldier guilty of the offence, impose such one or more of the following punishments as he considers appropriate:—

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

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

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

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

(e) Such extra drill as the Commandant or the C.O. in his discretion directs;

(f) Deprivation of library books.


(4) 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.

Powers of C.O. where he considers prescribed punishments too lenient.

“23. If any soldier under sentence or temporarily committed for safe keeping is charged with an offence or with repeated offences against these Regulations for which the punishments which the C.O. is authorized to inflict are, in the opinion of the C.O., too lenient, having regard to the nature of the offence or the offences, the C.O. may in his discretion—

(a) report the case to the proper authority with a view to the assembling of a board of visitors, or

(b) instead of proceeding with such charge, in an appropriate case, charge the accused with an offence against the A.A., the D.A., or the A.M.R.

Board of Visitors.

“24.—(1) The proper authority, upon receipt of a report by the C.O. in pursuance of the last preceding regulation, may direct the C.O. to dispose of the case summarily or may assemble a board of visitors for the purpose of hearing and determining a charge against a soldier under sentence or temporarily committed for safe keeping.

(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) A C.O., if of the requisite rank, shall be eligible for appointment to a board of visitors.

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

Punishment by board of visitors.

“25. A board of visitors may order a soldier under sentence or temporarily committed for safe keeping whom it finds guilty of an offence to be punished by such one or more of the following punishments as it considers appropriate:—

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

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

 

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

Overview

The Statutory Rules 1944 No. 171, under the Defence Act 1903-1941, aim to address specific gaps in the existing regulations concerning the detention and management of soldiers within military prisons and detention barracks. Enacted by the Administrator of the Government of the Commonwealth of Australia, these regulations were made with the advice of the Federal Executive Council and came into effect on 22 November 1944. The primary policy objective behind these amendments is to clarify and streamline the roles and responsibilities of various military officers in managing the conduct and punishment of soldiers within detention facilities. By defining terms such as "commanding officer" and "proper authority" and specifying the powers and procedures for dealing with offences within detention barracks or military prisons, these regulations seek to provide a more structured and consistent approach to military discipline and punishment.

Scope and Application

The Statutory Rules 1944, No. 171, made under the Defence Act 1903-1941, pertain to the amendment of the Australian Military (Places of Detention) Regulations, specifically focusing on the administration and governance of detention barracks and military prisons within the Australian Defence Force. These regulations apply to all detention barracks and military prisons within the Commonwealth, irrespective of their location within Lines of Communication Areas or other military command structures. The regulations are pertinent to all military personnel involved in the administration, oversight, and management of these detention facilities, including the proper authorities, commanding officers, and soldiers under sentence or temporarily committed for safe keeping. The amendments clarify definitions and roles, such as defining "commanding officer" and "proper authority," and introduce new regulations concerning the appointment of commanding officers, their powers, and the procedures for dealing with offences committed by soldiers in these facilities. The scope of these regulations extends to the entire Australian Defence Force, ensuring uniformity and adherence to the stipulated procedures across all military detention facilities. There are no specific exclusions or thresholds mentioned in the regulations, but they do provide for the delegation of certain powers to visiting officers in the absence of a Commandant who is a commissioned officer.

Key Provisions

The Australian Military (Places of Detention) Regulations, amended by Statutory Rules 1944, No. 171, introduce several key provisions under the Defence Act 1903-1941. Regulation 2 is amended to define "commanding officer" and "proper authority" more clearly, specifying that the proper authority is the Commander of the Lines of Communication Area for detention barracks or military prisons in those areas, and the Formation, etc., commander for others (Regulation 2(b)). Additionally, a new regulation 4a is introduced, requiring the proper authority to appoint a combatant officer of field rank as the commanding officer for each detention barrack or military prison (Regulation 4a(1)). This commanding officer will be responsible for various actions, including the imposition of punishments and the investigation of charges (Regulation 4a(2)). These regulations impose several obligations on the parties involved. The proper authority must appoint a commanding officer for each detention barrack or military prison (Regulation 4a(1)). The commanding officer, in turn, must deal with cases of soldiers charged with offences against these regulations, either summarily or by referring them to a board of visitors if the prescribed punishments are deemed too lenient (Regulation 22(1)-(3) and Regulation 23). The proper authority also has the responsibility to either direct the commanding officer to dispose of a case summarily or to assemble a board of visitors to hear and determine a charge (Regulation 24(1)). Failure to comply with these regulations can result in various consequences. The regulations allow the Commandant or the commanding officer to impose specific punishments for soldiers found guilty of offences, such as close confinement, punishment diets, deprivation of mattress, and extra drill (Regulation 22(3)). However, if a soldier is charged with an offence or repeated offences deemed serious enough that the prescribed punishments are too lenient, the commanding officer may report the case to the proper authority to assemble a board of visitors, or charge the accused with an offence under other acts (Regulation 23). Boards of visitors can order punishments such as close confinement and punishment diets for up to fifteen days (Regulation 25). While specific penalties for breaches are not detailed in these regulations, the punishments mentioned are intended to enforce compliance with the military discipline and the rules governing places of detention.

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