STATUTORY RULES.
1916. No. 166.
REGULATIONS UNDER THE DEFENCE ACT 1903–1915.
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 1903–1915, to come into operation on and from the 1st October, 1916.
Dated this twenty-eighth day of July, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
PART I.—PRELIMINARY.
Short title.
1. These Regulations may be cited as the Australian Military Regulations 1916.
Repeal.
2. The Regulations for the Military Forces of the Commonwealth, and Parts I., II., III., and V. of the Universal Training Regulations, now in force, are hereby repealed, save as to any right, privilege, obligation or liability acquired, accrued or incurred thereunder.
Part.
3. These Regulations are divided into parts as follows:—
Part I.—Preliminary:
Part II.—Government of the Forces—
Division 1.—Council of Defence.
Division 2.—Military Board.
Division 3.—War Railway Council.
Division 4.—Inspector-General.
Part III.—Military Districts.
Part IV.—Precedence of Corps and Officers—
Division 1.—Precedence of Corps.
Division 2.—Command, Rank, Precedence, &c., of Officers.
Division 3.—Corresponding Ranks in Naval and Military Forces.
C.9801.—Price 5s.
Part V.—Appointment, Promotion, Exchange, Transfer, Retirement, and Resignation of Officers—
Division 1.—General.
Division 2.—Appointment to First Commissions in the Administrative and Instructional Staff, Royal Australian Artillery, Royal Australian Engineers, and Australian Survey Corps, &c.
Division 3.—Appointment of Graduates from Royal Military College.
Division 4.—Australian Army Veterinary Corps (Permanent).
Division 5.—Aviation Instructional Staff.
Division 6.—Adjutants and Quartermasters.
Division 7.—Appointments to First Commissions, Promotion, and Service in the Militia Forces.
Division 8.—Commanding Officers.
Division 9.—Aides-de-Camp to Governor-General.
Division 10.—Honorary Physicians and Honorary Surgeons to Governor-General.
Division 11.—Aides-de-Camp to State Governors.
Division 12.—Consular Representatives.
Division 13.—Militia Adjutants.
Division 14.—Officers of Intelligence Section.
Division 15.—Quartermasters.
Division 16.—Honorary Colonels-in-Chief and Honorary Colonels.
Division 17.—Duration of Appointments on Administrative and Instructional Staff.
Division 18.—Promotions—Generally.
Division 19.—Chaplains’ Department.
Division 20.—Exchange and Transfer.
Division 21.—Seconded Officers.
Division 22.—Supernumerary Regimental Officers.
Division 23.—Unattached List.
Division 24.—Reserve of Officers.
Division 25.—Retirement.
Division 26.—Unattached Reserve and Retired Officers.
Division 27.—Death or Resignation of Officers.
Part VI.—Warrant and Non-commissioned Officers—
Division 1.—Appointments and Promotions, Permanent Forces.
Division 2.—Appointment, Promotion, and Transfer in the Militia Forces.
Division 3.—Military Staff Clerks.
Division 4.—General Provisions—Permanent and Militia Forces.
Division 5.—Rank on Retirement.
Part VII.—Organization—
Division 1.—Militia.
Division 2.—Battalion and Training Areas.
Part VIII.—Honours and Salutes—
Division 1.—General Instructions.
Division 2.—Official Visits.
Division 3.—Guards of Honour
Division 4.—Flag Stations and Flags to be flown.
Division 5.—Saluting Stations.
Division 6.—Artillery Salutes.
Division 7.—Salutes in Boats.
Division 8.—Flags in Vessels and Boats.
Division 9.—Military Funerals.
Division 10.—Salutes at Civil Funerals and to Remains of Distinguished Foreigners.
Part IX.—Duties of Various Officers, Warrant, and non-commissioned officers—
Division 1.—District Commandants and Commanding Officers.
Division 2.—District Staff, Medical and Departmental Officers.
Division 3.—Artillery and Engineers.
Division 4.—Officers appointed to command Brigades.
Division 5.—Officers in Command of Fortresses and Defended Ports.
Division 6.—Commanding Officers.
Division 7.—Regimental Officers other than Commanding Officers.
Division 8.—Brigade and Regimental Staffs of Militia.
Division 9.—Instructional Staff with Militia Forces.
Division 10.—Militia Regimental Staff.
Division 11.—Militia Squadron, Battery and Company Staff.
Division 12.—Area Officers.
Division 13.—General.
Part X.—Enlistment, Transfers, Discharge, Medical Inspection, etc.—
Division 1.—Voluntary Enlistment.
Division 2.—Transfers—Militia Forces.
Division 3.—Re-engagement—Permanent Forces.
Division 4.—Discharge—Permanent Forces.
Division 5.—Discharge of Members of Militia Forces not liable to be trained under Part XII. of the Act.
Division 6.—Discharge of Members of Militia Forces liable to be trained under Part XII. of the Act.
Division 7.—Medical Examination.
Division 8.—Allotment to Arms and Corps—Militia Forces.
Division 9.—Evasion of Service.
Division 10.—Soldiers’ Accounts.
Division 11.—Soldiers’ Messing and Cooking.
Division 12.—Orderlies.
Division 13.—Married Soldiers—Permanent Forces.
Part XI.—Leave of Absence—
Division 1.—Permanent Forces.
Division 2.—Members of Militia Forces not liable to be trained under Part XII. of the Act.
Division 3.—Militia Forces liable to be trained under Part XII. of the Act.
Part XII.—Garrison and Regimental Duties—
Division 1.—Exchange of Duties.
Division 2.—Daily Duties.
Division 3.—Guards and Picquets.
Division 4.—Compliments by Guards.
Part XIII.—Discipline, Courts Martial, Military Arrest and Custody, Courts of Inquiry—
Division 1.—General.
Division 2.—Offences.
Division 3.—Arrest and Military Custody.
Division 4.—Investigation of Charges.
Division 5.—Summary and Minor Punishments.
Division 6.—Miscellaneous Provisions.
Division 7.—Drunkenness.
Division 8.—Courts Martial.
Division 9.—Framing Charges.
Division 10.—Preparation of Defence by accused Person.
Division 11.—Sentence.
Part XIII.—Discipline, Courts Martial, Military Arrest and Custody, Courts of Inquiry—continued.
Division 12.—Confirmation and Promulgation of Sentences.
Division 13.—Imprisonment and Detention.
Division 14.—Places of Detention and Public Prisons.
Division 15.—Management of Places of Detention.
Division 16.—Courts of Inquiry.
Division 17.—Desertion and Offences against Enlistment (Permanent Forces).
Part XIV.—Registration. Training and Efficiency—
Division 1.—Registration.
Division 2.—Places for Training.
Division 3.—Exemption from Training.
Division 4.—Disqualification.
Division 5.—Training—Militia Forces.
Division 6.—Musketry.
Division 7.—Efficiency—Militia Forces.
Division 8.—Non-efficients.
Part XV.—Correspondence, Returns, Reports, Documents, Books, and Records—
Division 1.—Correspondence and Records General).
Division 2.—Correspondence and Records (Departmental).
Division 3.—Brigade Office.
Division 4.—Reports of Casualties, &c.
Division 5.—Documents and Maps marked Secret, Confidential, or for Official use only.
Division 6.—Books and Records.
Division 7.—Record and Company Roll Book—
Militia and Senior Cadets (Section 146, Defence Act)
Part XVI.—Duties in regard to Barracks—
Division 1.—Inspection of Barracks.
Division 2.—Appropriation and Equipment.
Division 3.—Sanitation.
Division 4.—Precautions against Fire.
Division 5.—Re-appropriations, Sites for Buildings, and New Buildings.
Division 6.—Allotment of Quarters.
Division 7.—Miscellaneous Barrack and Camp Duties.
Division 8.—Messes.
Division 9.—Garrison and Regimental Institutes, Canteens, &c.
Part XVII.—Movements of Troops and Transport of Baggage—
Division 1.—Movements of Troops.
Division 2.—Transport of Baggage and Stores—
Camps and Manœuvres.
Part XVIII.—Departmental and Veterinary Corps—
Division 1.—Engineer and Railway Staff Corps.
Division 2.—Australian Survey Corps.
Division 3.—A.A. V.C., Horses, Forage, &c.
Division 4.—Ordnance Machinery Branch.
Division 5.—Provost Staff.
Part XIX.—Clothing, Medals, Decorations—
Division 1.—Clothing—Militia Forces.
Division 2.—Medals and Decorations.
Part XX.—Rifle Club Reserves and Rule Associations—
Division 1.—Rifle Club Reserves.
Division 2.—Rifle Associations.
Part XXI.—Senior Cadets—
Division 1.—Organisation.
Division 2.—Training.
Division 3.—Requirements for Efficiency.
Division 4.—Appointments and Promotion of Senior Cadets to be Non-commissioned Officers and Officers.
Division 5.—Officers generally.
Division 6.—Discipline.
Division 7.—Uniform and Equipment.
Division 8.—General.
Part XXII.—Miscellaneous—
Division 1.—Artillery Practice.
Division 2.—Protection against Domestic Violence.
Division 3.—Permanent Forces—Industrial Disputes.
Division 4.—Admission to National Defences.
Division 5.—Competitions—Militia Forces.
Division 6.—Reserve Forces List.
Division 7.—Use of privately-owned Land for Military Purposes and Payment of Compensation.
Division 8.—Requisitioning of Vehicles, &c.
Division 9.—Amalgamation of the New and Old Militia Forces.
Division 10.—Establishments—Militia Forces.
Division 11.—False representation of Authority.
Division 12.—Defence Contract and Supply Board.
4. In these Regulations, unless the contrary intention appears—
“Head-Quarters” means the office of Central Administration.
“District Head-Quarters” means the office of a District Commandant.
“Military Decoration” means any medal, clasp, good conduct badge, or decoration.
“Superior Officer” when used in relation to a soldier, includes a Warrant Officer not holding a commission, and also a Non-commissioned Officer.
“The Act” means the Defence Act 1903–15.
“Rank,’’ unless it is otherwise stated, means, in the case of an Officer, the highest rank held by him when serving, whether substantive, brevet, temporary, or honorary.
“Substantive Rank” shall include all rank except brevet, honorary, local, and temporary.
The term “conduct sheet” or “conduct book,” without the prefix “regimental,” will be understood to mean the squadron, battery, or company conduct sheet or book.
The term “company” will be understood to mean squadron, battery, or company, as the case may be, according to the nomenclature of the portion of the Defence Force to which any regulation may be applied, and includes any corresponding subdivision, such as transport and supply column.
“Permanent Forces” means soldiers who are liable to render continuous military service for a term.
“Commanding Officer,” means—
(a) Any person having military command. It must depend on the customs of the service as to who is in any given circumstances the Commanding Officer for a particular purpose. In cases where it is not expressly otherwise provided, the term “Commanding Officer” means the Officer commanding a regiment, corps, or battalion.
(b) As used in these Regulations relating to “Investigation of Charges,” “Summary or Minor Punishments” and “Courts Martial,” and in the provisions consequential thereon, means, in relation to any person, the Officer commanding any corps for purposes of discipline. For the purpose of summary award of fines for drunkenness, and punishments mentioned in Regulation 553, a squadron, battery, or company constitutes a corps, and the Officer commanding a squadron, battery, or company is a Commanding Officer.
(c) As used in these Regulations as regards the re-engagement of any voluntarily enlisted soldier under Regulation 325, a squadron, battery, or company constitutes a corps, and, the Officer commanding a squadron, battery, or company, is a Commanding Officer.
(d) In regard to granting leave of absence, the Officer commanding the staff, regiment, battalion, squadron, battery, or company, or other corresponding unit to which a member may belong is a Commanding Officer.
The “Equipment” means any article issued to a soldier for his use or intrusted to his care for military purposes.
“Proper military authority,” when used in relation to any power, duty, act, or matter, means such military authority as, in pursuance of the Act and Regulations, or the customs of the Service, exercises or performs that power or duty, or is concerned with that act or matter.
“Personal service” shall be held to mean the prescribed training under the provisions of section 127 of the Defence Act.
“The Militia Forces” includes all members voluntarily enlisted (other than Permanent and Volunteer Forces, and members of Rifle Clubs), and all persons who are liable to be trained under sub-section (c) and (d) of section 125 of the Defence Act.
“Imprisonment” includes detention.
Abbreviations.
5. In these Regulations the following abbreviations shall have the meanings respectively set forth:—
A.M.R.—Australian Military Regulations.
A.M.F.—Australian Military Form.
A.M.B.—Australian Military Book.
D.A.—Defence Act 1903–1915.
M.O.—Military Order, issued by the Military Board.
PART II.—GOVERNMENT OF THE FORCES.
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DIVISION 1.—COUNCIL OF DEFENCE.
Constitution of Council of Defence.
6. (1) The Council of Defence consists of regular members and consultative members.
(2) The regular members shall be the Minister of State for Defence (President), the Treasurer, the First and Second Members of the Naval Board, the Inspector-General of the Military Forces, the Chief of the General Staff, and the Consulting Military Engineer.
(3) The consultative members, at a meeting of the Council, are such officers of the Citizen Forces and expert advisers as are summoned by the President to that meeting.
(4) Meetings of the Council shall be convened by the President. If the President is not present at a meeting, the Treasurer, if present, shall preside.
(5) Four of the regular members mentioned in sub-regulation (1), of whom one shall be the President or the Treasurer, shall constitute a quorum. Sub-committees of the Naval and Military Members shall be constituted as required, under the presidency of the Senior Officer detailed as a member of the sub-committee.
(6) The Permanent Head of the Department of Defence shall be the Secretary to the Council.
(7) Minutes shall be kept of the proceedings of all meetings of the Council. (Section 28, D.A.)
Powers and functions of Council.
7. The Council of Defence shall inquire into, discuss, and record opinions upon matters submitted to it by the Minister affecting—
(a) The general policy of the Naval and Military Defence of the Commonwealth.
(b) Measures necessary for the defence of the Commonwealth in time of war.
(c) The total expenditure on Defence, and its distribution.
DIVISION 2.—MILITARY BOARD.
Constitution.
8. (1) The Military Board consists of the Minister (President), and the following members:—
The Chief of the General Staff (1st Military Member),
The Adjutant-General (2nd Military Member),
The Quartermaster-General (3rd Military Member),
The Chief of Ordnance (4th Military Member),
The Finance Member.
(2) The designation of these officers shall not thereby confer any seniority on the holders thereof.
(3) The Military Board, subject to the control of the Minister, is charged with the administration of all matters relating to the Military Forces.
(4) The Minister will assign their duties to the various Members of the Board. Each Member will be primarily and directly responsible to the Minister for the proper execution of the duties assigned to him.
(5) Unless otherwise directed, each Member of the Board will be responsible to the Minister for the drafting for submission of the Regulations dealing with his branch.
(6) The Members of the Board will allot the duties of their Directors.
Meetings of the Board.
9. (1) Meetings are to be convened by the President, and in his absence by the Secretary, Department of Defence.
(2) In the absence of the President the Senior Military Officer present will preside.
(3) Three members of the Board shall constitute a quorum.
(4) There will be a Secretary to the Board, who will be an officer of the Department of the Secretary, Department of Defence, and who will keep and distribute, as directed by the Minister, all agenda, minutes, and recommendations of the Military Board.
(5) The Military Board will consider and make recommendations with regard to all promotions in the Military Forces to ranks above the rank of Major as well as the appointment of Officers to be Commandants and to command Regiments and Corps.
Imperial General Staff.
10. The Chief of the General Staff is the Chief of the Australian Section of the Imperial General Staff.
Military Board Rules of Business.
11. The following Rules will govern the conduct of the business of administration:—
(a) Matters of routine are to be decided by and dealt with in the name of the responsible Member of the Military Board, who, if he thinks fit, may delegate this duty to his Directors.
(b) Questions of principle will be decided by—
(i) The Member of the Board responsible.
(ii) The Minister.
(iii) The Minister after obtaining the advice of the full Military Board in session—
according to their importance.
In the case of (iii) précis of the questions are to be prepared and laid before the Board for discussion and decision.
(c) A session of the Military Board will be convened by the Minister when necessary, and in his absence by the Secretary, Department of Defence.
Four days before a meeting each Member will submit to the Minister the agenda of the subjects proposed by him for discussion, together with his recommendation thereon.
(d) The recommendation on each subject discussed will be recorded and forwarded by the Secretary, Military Board, to the Secretary, Department of Defence, for submission to the Minister, and the recommendation before submission to the Minister shall be initialed by each Member of the Board present at the meeting, with a note signifying his concurrence or dissent.
(e) Copies of the decisions and recommendations of the Board will be furnished to the Minister, each Member, the Secretary, and the Inspector-General, directly after the meeting.
(f) The Secretary, Department of Defence, will arrange to circulate weekly to the above officers all agenda decisions and orders issued by the Minister, and the Members of the Board either on their own or Ministerial authority.
(g) The duties assigned to each Member shall be—
I. The Chief of the General Staff is charged with all preparation for war as follows:—
Organization for war. Training and instruction other than that allotted to the Adjutant-General. Recruit Training. Education and examination for first appointment and promotion of officers. Field operations and promulgation of operation orders. Schemes for manœuvres, including concentration. Allocation of funds for manœuvres and training. Plans of concentration for war. Preparation and maintenance of defence schemes. Military libraries. Intelligence. Drill books and manuals dealing with training and military instruction and war organization. Censorship. Musketry.
II. The Adjutant-General if charged with the enrolment, organization, and mobilization of the troops as follows:—
Registration, exemptions, medical inspection, organization, peace establishments, discipline, medical services and sanitation, distribution of units, editing and issuing orders other than operation orders and military books of regulations, editing and issuing mobilization orders, administration of all questions relating to Administrative and Instructional Staff, military clerks, personnel, education, and examination of soldiers; appointments, promotion, retirement, posting, exchange and transfer of officers; mobilization of personnel, military prisons and police and detention barracks, military and martial law, duties in aid of the civil power, casualties, discharges, desertion and fraudulent enlistment, medals, ceremonial, rifle clubs and reserves, cadets, chaplains, postal services.
III. The Quartermaster-General is charged with the equipment and maintenance of the troops as follows:—
Dress, transport, and remounts, veterinary services, movements by land and sea, conveyance of stores, railways, appropriation
occupation and equipment of barracks; supply of food, forage, clothing, arms and ammunition, stores and equipment; mobilization arrangements connected with the above services; administration of corps dealing with the above services.
IV. The Chief of Ordnance is charged with the questions relating to armaments, fixed defences, and engineer services, as follows:—
Arrangements for the construction and maintenance of fortifications, barracks, store buildings, and ranges; patterns, provision, inspection, and maintenance of armaments and vehicles; patents and inventions; administration of the Staff and Permanent Force connected with the above; technical instruction of artillery and engineers, including schools; promulgation of changes in war material.
V. The Finance Member will be charged with Military Finance as follows:—
Consideration and compilation of parliamentary estimates; review of proposals for new expenditure, or the redistribution of the sums allotted to the different subheads of defence votes; financial advice; Treasury requirement; claims, compensation—death or injury.
VI. Under each member of the Military Board such Directors may be appointed as required.
(h) The Members of the Board will assign in detail the duties of the Directors.
Permanent Head, Defence Dept.
12. The Secretary, Department of Defence, is the Permanent Head of the Defence Department.
DIVISION 3.—WAR RAILWAY COUNCIL.
War Railway Council.
13. (1) There shall be a President of the War Railway Council, who shall be the Quartermaster-General, or such other officer as the Minister appoints.
(2) The following officers shall be the members of the War Railway Council:—
The Senior or, other officer appointed by the Minister, of the Engineer and Railway Staff Corps of the Commonwealth railway system and of each State railway system, or, in his absence, another officer of the Corps detailed by him.
The Consulting Military Engineer.
Representatives of the Naval and Military Forces appointed by the Minister.
An officer detailed by the Military Board will act as Secretary.
Meetings.
14. (1) Meetings of the War Railway Council will be summoned by the President.
(2) In order to prepare subjects for submission to the Council, and to arrange for movements of troops and materials, the President may consult members individually, and, with the concurrence of the Senior Officer of the Engineer and Railway Staff Corps of the States concerned, appoint sub-committees of officers of such Corps.
Duties.
15. (1) In time of peace the duties of the War Railway Council shall be—
(a) Generally, to furnish advice on such railway matters as are referred to it by the Minister for Defence; and, in particular—
(b) To determine the method of supplying information to, and obtaining it from, the various Railway Departments.
(c) To suggest regulations and instructions for carrying out movements of troops.
(d) To suggest the method of organizing Railway Transport Officers in time of war, as intermediaries between the various railway authorities and the troops.
(e) To consider the question of extra sidings, loading platforms, &c., and proposals towards unification of gauges.
(f) To suggest the organization and system of training railway troops, when the development of universal training supplies sufficient personnel, whose ordinary employment is railway work.
(2) In time of war the duties of the War Railway Council shall be, in addition to the matters set forth in sub-regulation (1) of this Regulation, to advise on questions of mobilization.
Proceedings.
16. The proceedings of the War Railway Council shall be recorded as recommendations to the Minister, and shall not be binding on the Government concerned, until accepted by them.
Channel of communication.
17. The duties of the War Railway Council and sub-committees thereof shall be carried out by direct communication between the members of the Engineer and Railway Staff Corps and Head-Quarters or District Head-Quarters, as the case requires.
DIVISION 4.—THE INSPECTOR-GENERAL.
Inspector-General.
18. (1) The duties of the Inspector-General are to review, and to report to the Minister on the practical results of the policy of the Government as administered by the Military Board.
(2) He will make such inspections, inquiries, and reports as may be required from time to time by the Military Board, and, annually, before the 31st May, he will prepare a general report
for the information of the Military Board. For these purposes he is to arrange for the examination of the actual effect of the systems of classification, enrolment, enlistment, registration, and organization of the Cadets, the Permanent and Militia Forces, and their transport; for the inspection of their training and efficiency, as well as of the suitability of their arms, armament, and equipment, the condition of the fortifications and defences; and generally to investigate the state of preparedness for war of the Military Forces. (Section 9, D.A.)
PART III.—MILITARY DISTRICTS.
Military Districts.
19. (1) The undermentioned Military Districts are appointed under Section 8 of the Act:—
1st Military District.—The State of Queensland, together with that part of the State of New South Wales including the towns of Casino, Lismore, and Grafton, known as the 12th Battalion Area.
2nd Military District.—The State of New South Wales, excluding the 12th Battalion Area above mentioned, and excluding the town of Broken Hill, Torrowangee, and Silverton, and excluding those parts of the 44th Battalion Area which include the towns of Corowa, South Corowa, Mulwala, Moama, Mathoura, and Deniliquin, and together with those parts of the 57th Battalion Area in the State of Victoria, which include the towns of Wodonga, Barnawartha, Chiltern, and Tallangatta.
3rd Military District.—The State of Victoria, together with those parts of the 44th Battalion Area above mentioned, and excluding those parts of the 57th Battalion Area above mentioned.
4th Military District.—The State of South Australia, together with the towns of Broken Hill, Torrowangee, and Silverton, in New South Wales.
5th Military District.—The State of Western Australia.
6th Military District.—The State of Tasmania.
(2) The exact boundaries of the Military Districts shall be as approved by the Military Board, and shown on maps issued by District Commandants.
PART IV.—PRECEDENCE OF CORPS AND OFFICERS.
DIVISION 1.—PRECEDENCE OF CORPS.
Precedence of Corps.
20. (1) following is the order of precedence in the Military Forces of the Commonwealth:—
Order.
Administrative and Instructional Staff.
The Corps of Staff Cadets.
The Regiments of Light Horse.
The Royal Australian Artillery Regiment.*
Batteries of Australian Field Artillery.
Companies of Australian Garrison Artillery.
The Royal Australian Engineers.
The Australian Engineers.
The Australian Flying Corps.
The Infantry Battalions.
The Australian Army Service Corps.
The Australian Survey Corps.
The Australian Army Medical Corps.
The Australian Army Veterinary Corps.
The Australian Army Ordnance Corps.
The Reserve Forces.
The Military Cadet Corps.
(2) Different units of the same Arm take precedence in accordance with their numerical succession, except that a unit of the Permanent Forces shall always take precedence of a unit of the same Arm not forming part of the Permanent Forces, and in like manner a unit of the Militia Forces shall take precedence of a unit of the same Arm of the Volunteer Forces. Units which are not included in any numerical succession will take precedence by Military Districts and in accordance with the order given in the authorized Military Forces List.
(3) On parade or for the purposes of manœuvring, units will be distributed and drawn up in the mode which the officer in command of such parade or manœuvres may deem most convenient.
DIVISION 2.—COMMAND, RANK, PRECEDENCE, ETC., OF OFFICERS.
Command.
21. (1) An officer appointed District Commandant shall exercise command over all other officers whilst serving or stationed in such district.
(2) An officer appointed to command, or an officer appointed second in command of a regiment in the Military Forces, shall exercise command over any other officers serving
* The Royal Australian Artillery Regiment (if mounted), and the Batteries of Australian Field Artillery (if allotted to units of Light Horse) on ceremonial parade with their guns, to take the right, and march at the head of the Light Horse Regiments.
therein, irrespectively of the date of commission. All other officers doing duty with their regiments shall take regimental rank according to their dates of appointment in that rank to such regiments, whether promoted on full pay or appointed from half-pay; and all officers serving together with officers of other corps shall take rank according to the dates of their respective appointments to that rank in the Military Forces. Should two officers of the same rank have been gazetted to such rank with the same date, their precedence shall, except in the case of an officer appointed to command a regiment, battalion, or corps, be determined by the date of their previous commissions, or in the case of first commissions by the order in which their names appear in the Gazette. Provided that the Governor-General may, by Order in Council, fix the regimental seniority of any officer. (Sec. 19, D.A.)
Half-pay, ill-health.
22. If an officer be placed on half-pay on account of ill-health caused by military service, or under circumstances over which he had no control, and be subsequently brought back to full pay in the same rank and corps or department, he shall for precedence in his rank take the same numerical position as he occupied when placed on half-pay. (Sec. 23, D.A.)
Half-pay on account of wounds, &c.
23. If an officer placed on half-pay on account of wounds, or of sickness caused by active service in the field, be subsequently brought back to full pay in the same rank and corps or department, he shall, for precedence in his rank, revert to the original position in relation to the officers of his corps or department held by him when placed on half-pay, except that, should any officers have been promoted during his absence, he shall not be entitled to supersede them in the rank to which they had been promoted, nor have any right himself to promotion, until after his restoration to full pay in the corps or department, and then only in ordinary succession. (Sec. 23, D.A.)
Imperial officers.
24. Officers of His Majesty’s Imperial Regular Forces, whilst holding local commissions conferred upon them by the Governor-General, shall take rank with officers of the Military Forces according to the dates of their respective local commissions.
Exercise of command.
25. (1) The function of command is to be exercised by the senior combatant officer, except in cases where an officer has been specially appointed to the command of a body of forces or appointed to the command of a corps, irrespectively of the branch of the service to which he belongs.
(2) In the case of a District Commandant being temporarily absent from his district, or unable for temporary reasons to perform his duties, the functions of his command may be administered by the senior or other staff officer present, subject to the approval of the Military Board.
(3) In the event of the office of District Commandant becoming vacant, the senior or other staff officer in the district may be appointed by the Governor-General to temporarily administer the functions of command, pending the appointment of a successor to the District Commandant. (Sec. 9, D.A.)
(4) Notwithstanding the foregoing, the Inspector-General shall be entitled to assume command at any parade of the Military Forces not being a parade held in time of war.
Command of detachments.
26. When units or detachments of different corps are employed together on any duty, each unit and detachment will, subject to the orders of the officer commanding the whole body, act under the immediate authority of its own commander in matters of a purely regimental character.
Local and temporary rank.
27. (1) Subject to the fact that any officer, whether of permanent, local, or temporary rank, may, as described in Regulation 25, be specially appointed to any particular command, an officer granted local rank by the Governor-General holds the same advantages of precedence and command as permanent rank so long as the officer is holding the appointment for which it is given.
(2) Officers appointed to act temporarily in a higher rank shall take rank among themselves, while so acting, according to the dates of their temporary appointments, but as junior to all officers of the same grade having substantive rank.
(3) The rank of Brigadier-General shall be local or temporary only.
Brevet rank.
28. Brevet rank in the Military Forces does not count in calculating seniority within the regiment or corps to which the officer belongs, nor for pay or allowances, in which cases the substantive rank alone is to be considered.
Honorary rank.
29. Honorary rank shall not confer the right of any command other than that to which the holder may be entitled by reason of his substantive commission; but an officer holding honorary rank will, in virtue of such honorary rank, be entitled to such other privileges, excepting of pay, allowances, promotion, or retirement, as may belong to the corresponding substantive rank.
Departmental and other officers.
30. (1) Departmental officers shall be entitled to precedence, and, subject to the regulations for pay, &c., other advantages attached to the corresponding rank of combatant officers. Such rank or position will not, however, entitle the holder of it to the presidency of courts-martial, or to military command of any kind except over such officers and men as may be specially placed under his command, provided that an officer of the Army Ordnance Department will be the officer of, and will command, the Army Ordnance Corps.
(2) Officers of the Australian Army Medical Corps will not be entitled to the presidency of courts-martial, nor will they exercise any military command outside their corps, except over such officers and soldiers as may be attached thereto for duty, and over all patients in military hospitals.
DIVISION 3.—CORRESPONDING RANKS IN THE NAVAL AND MILITARY FORCES.
Corresponding Ranks.
31. The ranks set forth in the second and third columns of the following table shall correspond respectively to those ranks of the Military Forces which are set forth in the first column of the table:—
Military Forces. | Naval Forces. | |||
Military Branch. | Other Branches. | |||
1. Major-Generals....... | Rear-Admiral |
| ||
2. Brigadier-Generals | Captains of the Fleet Commodores, 1st and 2nd Class |
| ||
3. Colonels............ | Captains over 3 years | Paymasters-in-Chief. Engineer Captain of 8 years’ service in that rank. | ||
4. Lieutenant-Colonels | Captains under years | Engineer Captains under 8 years’ seniority. Secretary to a Commander-in-Chief of 5 years’ service as such. | ||
| Commanders, but junior | Staff Commanders......... Fleet-Surgeons........... Secretary to Commander-in-Chief under 5 years’ service as such Fleet Paymasters.......... Engineer Commanders and Chief Instructors of 15 years’ seniority | But | |
5. Majors............. | Lieutenant........... Commanders......... | Staff-Surgeons. Secretaries to Junior Flag Officers, Commodores, 1st Class, or Captains of the Fleet. Staff Paymasters. Senior Instructors. Engineer Lieutenants. Commanders. Paymasters, but junior. | ||
6. Captains............ | Lieutenants.......... | Surgeons. Secretaries to Commodores, 2nd Class. Naval Instructors. Assistant Paymasters of 4 years seniority, and Engineer Lieutenants | ||
7. Lieutenants.......... | Sub-Lieutenants....... | Assistant Paymasters under 4 years’ seniority. Engineer Sub-Lieutenants. | ||
8. 2nd Lieutenants....... | Chief Gunner......... Chief Boatswain Chief Carpenter |
| ||
9. Garrison Sergeant-Majors, Master Gunners, 1st Class | Gunners............ Boatswains.......... | Carpenters Paymasters’ Clerks. | But senior. | |
| Midshipmen......... | ...............But junior. | ||
Officers of the Consular Service will rank with officers of the Military Forces as follows:—
Agents and Consuls-General................ | with, but after | Major-Generals. |
Consuls-General........................ | „ „ | Brigadier-Generals. |
Consuls.............................. | „ „ | Colonels. |
Vice-Consuls.......................... | „ „ | Majors. |
Consular Agents........................ | „ „ | Captains. |
Corresponding rank gives no claim to command.
32. Nothing contained in these Regulations is to give a claim to any officer of the Naval Forces to assume command of the Australian Military Forces on shore, nor to any officer of the Australian Military Forces to assume command of any of the ships of the Commonwealth, or any of the officers or men thereunto belonging, unless under special authority from the Governor-General for any particular service.
PART V.—APPOINTMENT, PROMOTION, EXCHANGE, TRANSFER, RETIREMENT, AND RESIGNATION OF OFFICERS.
DIVISION 1.—GENERAL.
Date of appointments, &c.
33. All appointments, promotions, exchanges, transfers, resignations, and retirements of Officers will be notified in the Gazette, and promulgated in Orders. Unless otherwise stated in the Gazette, these notifications will take the date of the Gazette. Any such resignation or retirement shall mean the absolute withdrawal of the individual concerned from the Military Forces, unless it be specially stated to the contrary. Commissions will take effect from the date above mentioned.
Establishment of officers.
34. Where vacancies exist in rank of Captain, owing to no Lieutenant being qualified for promotion, extra Lieutenants may be appointed, provided the total establishment is not exceeded. The same principles shall be applied in respect to higher ranks.
Certificate of fitness.
35. Every Officer of the Permanent Forces shall annually be certified fit for active service by the Medical Officer on whose charge he is, and such certificate is to reach the Central Administration not later than 30th June in each year, and every officer of the Militia Forces shall also be certified fit for active service before promotion to each rank.
Officers admitted Royal Military College.
36. An Officer admitted to the Royal Military College of Australia as a Staff Cadet will be required to resign his commission from a date prior to his attestation in the Corps of Staff Cadets.
Special appointments.
37. The Governor-General may appoint any person to be an Officer for distinguished service, or for marked ability, and for gallantry in active service, without his passing the prescribed examination.
DIVISION 2.—APPOINTMENT TO FIRST COMMISSIONS IN THE ADMINISTRATIVE AND INSTRUCTIONAL STAFF, ROYAL AUSTRALIAN ARTILLERY, ROYAL AUSTRALIAN ENGINEERS, AND AUSTRALIAN SURVEY CORPS.
38. Until 1st June, 1916, the following Regulations 39 to 49 inclusive will apply:—
Notice of vacancies.
39. (1) Notice of vacancies in the Royal Australian Artillery, Royal Australian Engineers, Australian Survey Corps, and Administrative and Instructional Staff will be given by advertisement in all the States and by notice in Military and District Orders.
(2) Applications of candidates, in accordance with Regulation 40, will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications, District Commandants will state their opinion of the fitness of each candidate for appointment.
(3) Candidates will be informed of the Military Board’s approval of their nomination or otherwise to undergo the examination prescribed.
Persons eligible for appointment R. A. Artillery.
40. The following persons are eligible for appointment in the Royal Australian Artillery, provided they are certified by a Medical Board to be physically qualified, and subject, to passing the prescribed examination:—
(a) Officers of the Militia Forces, provided they are between the ages of 19 and 27 years at the date of holding the examination.
(b) Warrant officers, non-commissioned officers, and men who have served for three years in the Defence Force, provided they are between the ages of 19 and 27 years at the date of holding the examination.
(c) Candidates who have served in a campaign, provided they are between the ages of 19 and 27 years at the date of holding the examination.
(d) Other candidates, provided they are between the ages of 18 and 23 years at the date of holding the examination.
Persons eligible for appointment R. A. Engineers.
41. (1) To be eligible for appointment in the Royal Australian Engineers, a candidate must be between the ages of 20 and 30 years, except in the case of first appointment to the Works Branch, and be certified by a Medical Board to be physically qualified, and must have—
(a) Served as a pupil for three years in engineering workshops, during which one year shall have been spent in the drafting office; or
(b) Served for three years as an articled pupil, or its equivalent, in a reputable civil engineering, electrical engineering, or architectural firm, or in a Government engineering or architectural office; or
(c) Completed the three years’ course for a degree of Bachelor of Engineering, or its equivalent, in any university or technical school.
(2) Notwithstanding anything contained in these Regulations, candidates who have not had the opportunity of working in the drafting office may be considered eligible on demonstrating that they are draughtsmen and accustomed to the execution and copying of technical plans and drawings.
Persons eligible for appointment A. and I. Staff.
42. The following persons are eligible for appointment to the Administrative and Instructional Staff, provided they are certified by a Medical Board as being physically qualified, and subject to passing the prescribed educational and military examinations:—
(a) Officers, warrant officers, non-commissioned officers and men of the Militia Forces, provided they are between the ages of 20 and 30 years at the date of holding the educational examination.
(b) Warrant and non-commissioned officers and men of the Permanent Forces who have served for two years, provided they are between the ages of 20 and 35 years at the date of holding the educational examination.
(c) Ex-members of the Imperial Regular Army and of the Permanent Forces of, Australia, provided they are between the ages of 20 and 35 years at the date of holding the educational examination.
(d) Other candidates, provided they are between the ages of 20 and 30 years at the date of holding the educational examination.
Conditions of appointment as Lieutenant in Survey Corps.
43. Subject to passing the prescribed examination, candidates who—
(a) are between the ages of 20 and 45 years;
(b) are certified by a Medical Board to be physically qualified;
(c) have had two years’ experience as a topographer in the field; and
(d) have had two years’ experience in triangulation, either in the Australian Survey Corps or in a similar corps in another part of the Empire, or as a surveyor or assistant to a surveyor,
will be eligible for appointment as Lieutenant to the Australian Survey Corps.
Examinations.
44. Should there be more candidates than vacancies, the examinations will be competitive. For the Administrative and Instructional Staff the military examination only will be competitive. The passing of the military competitive examination will, in addition to qualifying the successful candidate for appointment, be also qualifying for promotion to the rank of Lieutenant.
First appointment as 2nd Lieutenant R.A.A.
45. First appointment will be made to the rank of Second Lieutenant in the Royal Australian Artillery and Administrative and Instructional Staff, and to the rank of Lieutenant in the Royal Australian Engineers and Australian Survey Corps.
Periods of probation of successful candidates.
46. (1) Successful candidates will, in the case of the Royal Australian Artillery and Royal Australian Engineers, be appointed for eighteen months on probation, and must, during that period, pass a qualifying examination in military subjects. The passing of this examination will in addition to qualifying the candidate for confirmation of his probationary appointment, be also qualifying for the rank of Lieutenant. The appointment of any candidate who fails to pass will not be confirmed.
(2) Successful candidates will, in the case of the Administrative and Instructional Staff, be appointed for six months on probation. At the end of this period their appointments may be confirmed on the recommendation of the District Commandant.
Allotment for duty R.A.A.
47. Except under special circumstances approved by the Minister, an officer on first appointment to the Royal Australian Garrison Artillery will be posted to the District where the Company in which the vacancy exists is located, but he will be allotted for duty during his probationary period to
the Royal Australian Garrison Artillery in the 2nd Military District, and Sydney will be regarded as the place at which he first takes up his permanent appointment.
Subjects of the examination.
48. The subjects and scope of the examinations shall be as set out from time to time in Military or other Orders.
Officers R.A.A. and R.A.E. seconded for service on the A. and I. staff.
49. Officers of the Royal Australian Artillery and Royal Australian Engineers may be seconded or appointed for service on the Administrative and Instructional Staff.
DIVISION 3.—APPOINTMENT OF GRADUATES FROM THE ROYAL MILITARY COLLEGE.
Appointment of graduates from the Royal Military College.
50. After the 1st June, 1916, no person who is not a graduate of the Royal Military College shall be appointed an officer of the Permanent Military Forces.
Staff Cadets appointed to rank of Lieutenant.
51. (1) On graduation, Staff Cadets will be appointed to the rank of Lieutenant in the Permanent Forces. Their allotment to arms will be contingent upon the requirements existing at the time and the number qualified for appointment to technical units.
(2) The qualifications of graduates will be shown in the Gradation List of the Permanent Forces thus:—
F.A. = Field Artillery.
G.A. = Garrison Artillery.
E. = Engineers.
L.H. = Light Horse.
I. = Infantry.
Estimated number of vacancies.
52. The Adjutant-General will inform the Commandant, Royal Military College, by the 1st December in each year of the estimated number of vacancies for Lieutenants in each arm twelve months later.
Graduates to be attached to units of British and Indian Army.
53. On appointment, graduates will, subject to Parliament providing the necessary funds, be attached for a tour of duty to units of the British or Indian Army.
DIVISION 4.—AUSTRALIAN ARMY VETERINARY CORPS (PERMANENT).
Permanent Section.
54. A Permanent Section of the Australian Army Veterinary Corps may be formed of such officers and other ranks as may be appointed thereto.
Staff Officers.
55. (1) The Officers of the Australian Army Veterinary Corps (Permanent) will be appointed Staff Officers for Veterinary Services.
(2) They will carry out their duties under the orders of the Principal Veterinary Officer or Senior Veterinary Officer of the district.
(3) They will assist the Principal Veterinary Officer or Senior Veterinary Officer in his duties, and will, under his direction, carry out all veterinary duties in regard to horses on the permanent military establishment.
Vacancies in Veterinary Corps.
56. (1) Notices of vacancies in the Australian Army Veterinary Corps (Permanent) will be given by advertisement in all the States and by notice in Military and District Orders.
(2) Applications from candidates will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications, District Commandants will state their opinion of the fitness of each candidate for appointment. Candidates will be informed of the Military Board’s approval of their nomination or otherwise to undergo the examination prescribed.
(3) To be eligible for appointment, a candidate must be between the ages of 21 and 40 years, be certified by a Medical Board to be physically qualified, and be in possession of a degree or diploma of a University or other institution approved by the Military Board.
Examination for vacancies in Veterinary Corps.
57. (1) Should there be more candidates than vacancies, the examination will be competitive. The examination shall be of a practical character and shall have reference to the treatment of the diseases of and injuries to horses.
(2) First appointments will be made, to the rank of Lieutenant. A successful, candidate will be appointed for twelve (12) months on probation. During this period he will be required to pass a qualifying examination. The subjects and scope of the examination shall be as authorized from time to time by the Military Board.
(3) Officers of the Australian Army Veterinary Corps (Permanent) will not be permitted the right of private practice.
DIVISION 5.—AVIATION INSTRUCTIONAL STAFF.
Aviation Instructional Staff.
58. (1) An Aviation Instructional Staff, the members of which shall provide the personnel of a Central Flying School, may be established as a portion of the Instructional Staff of the Australian Military Forces.
(2) The Aviation Instructional Staff may be composed of such officers, honorary officers, and other ranks as may be laid down from time to time, and their duties shall be as prescribed by the Military Board.
(3) The appointment of Officers to the Aviation Instructional Staff shall be made to the rank of Lieutenant, provisionally, upon such conditions as may be approved by the Military Board from time to time.
(4) Officers shall be required to pass a qualifying examination for confirmation of their provisional appointments within eighteen months.
(5) The syllabus of the qualifying examination shall be as approved by the Military Board.
DIVISION 6.—ADJUTANTS AND QUARTERMASTERS.
Appointments of Adjutants and Quartermasters.
59. (1) As a temporary measure, appointments as Adjutants and Quartermasters to the various arms of the Militia Forces may be granted to selected Warrant and Non-Commissioned Officers of the Instructional Staff.
(2) Such Warrant and Non-Commissioned Officers will be discharged from the Instructional Staff (W. and N.C.O.’s), and will be appointed temporarily and for a specified period to the Administrative and Instructional Staff (Officers) supernumerary to the Establishment thereof.
DIVISION 7.—APPOINTMENT TO FIRST COMMISSIONS, PROMOTION, AND SERVICE IN THE MILITIA FORCES.
First appointment.
60. First appointments will, as a rule, be made to the rank of Lieutenant (but to rank of Captain in the case of the Australian Army Medical Corps and of the Australian Army Veterinary Corps).
Appointments to maintain establishments.
61. Sufficient Lieutenants may be appointed annually to maintain the total number of officers required by the authorized War Establishment of each unit.
Method of promotion.
62. Promotion to the rank of Lieutenant in any unit will be made from the most successful candidates at competitive examinations for promotion. All Warrant and Non-Commissioned Officers of and above the rank of Sergeant, but including Lance-Sergeant of the unit, and Officers of Senior Cadets in the Brigade area who are eligible under Section 62 (7) of the Act, shall be eligible to compete for promotion to rank of Lieutenant.
Examinations.
63. (1) Examinations of Officers for promotion will be held, as a rule, annually, and in the latter portion of the military year.
(2) Examinations shall be competitive as well as qualifying.
(3) Successful candidates receiving an equality of marks will be appointed in the order of seniority they held at the time of the examination.
(4) Candidates who qualify, but for whom vacancies do not exist, shall be eligible for appointment, in the order in which they pass the examination, to any vacancy that may occur until the date of holding the next annual examination.
(5) The Syllabus of Examination and Instructions to Boards of Examination will be as authorized in Military Orders.
Examinations, practical and oral.
64. (1) Examinations for the rank of Lieutenant and Captain shall be practical, and, as far as possible, oral. The only written work to be demanded of candidates shall be such as they have to carry out in the duties of the rank for which they are being tested.
(2) For the ranks of Major and higher, two-thirds of the marks at least shall be allotted to practical tests in work, such as would have to be performed in war.
Officers of Senior Grade eligible.
65. (1) Officers of the Senior Grade only, in the ranks of Lieutenant and Captain, shall be eligible to compete for promotion to the next higher rank.
(2) For purposes of this Regulation, officers in their respective ranks shall be graded as follows:—
Lieutenants | Senior Grade—Those having over 1½ years’ service as Lieutenants. Junior Grade—Those having less than 1½ years’ commissioned service. |
Captains | Senior Grade—Those having over 1½ years’ service as Captains. Junior Grade—Those having less than 1½ years’ service as Captains. |
Priority in promotion.
66. When it is found, at the conclusion of an examination of Officers for promotion, that more candidates have qualified than there are vacancies to be filled in the next higher rank in a unit, those Officers who secure the highest aggregate of marks are entitled to priority in promotion.
Conditions do not apply to A.M.C. or A.V.C.
67. The conditions of appointment and promotion prescribed by Regulations 60–66 shall not at any time apply to Officers of the Australian Army Medical Corps or of the Australian Army Veterinary Corps. (Sees. 11a, 14, 15, D.A.)
Officers holding provisional rank.
68. (1) Officers holding provisional rank at the date upon which these Regulations come into force shall continue to hold such provisional rank, but shall be required to pass a qualifying examination within eighteen months from the date of such provisional appointment.
(2) In time of war, and in accordance with the second proviso of Section 11a of the Act, when it is found impracticable to carry out the system of promotion by competitive examination, persons may be appointed and promoted provisionally as Officers, but shall be required to pass a qualifying examination within eighteen months of such provisional appointment or promotion.
Provided that in time of war such Officers may continue to hold their provisional appointments for such further time (not exceeding a period of eighteen months beyond the termination of the war) as may be approved by the Military Board. (Sees. 11a, 14, 15, D.A.)
Retirement of officers failing to qualify.
69. Officers who fail to qualify as set out in preceding Regulation shall be recommended by District Commandants to be retired, having failed to qualify.
Seniority lists.
70. In each of the following units, that is to say—
A Regiment of Light Horse,
The Field Artillery in a Military District,
The Garrison Artillery of a Fortress or Defended Port,
Each branch of the Engineers in any Military District,
The Flying Corps in any Military District,
A Battalion of Infantry,
The Army Service Corps in any Military District,
The Army Medical Corps in any Military District,
Each Departmental Corps in any Military’ District,
there shall be kept a seniority list of all the Officers of the unit, and vacancies for promotion will be filled by those within the unit if qualified, but in the case of Squadrons, Companies, or other similar parts of a unit which are detached at some distance from the rest of their Regiment or Corps, promotion to the rank of Lieutenant, Captain, and Major will be limited to vacancies in the Squadron, Company, or other similar part of a unit.
Seniority determined by examination.
71. The seniority to be given to an officer on promotion shall be determined by his order of merit in the examination for promotion to that rank.
Maximum terms of service.
72. (1) The maximum terms during which officers will be permitted to serve in units of the Militia Forces shall be as follows:—
In the rank of Lieutenant............................ | 8 years. |
Up to the rank of Captain............................ | 12 years. |
Up to the rank of Major............................. | 15 years. |
Up to the rank of Lieutenant-Colonel.................... | 20 years. |
Provided that, on the recommendation of a District Commandant, an officer may at any time be transferred to the Unattached List or to the Reserve of Officers, if considered necessary in the interests of the service.
(2) In the event of there being no officer in a unit qualified to fill a vacancy in the rank of Lieutenant-Colonel the term for that rank may be extended for a further period not exceeding two years.
(3) Officers who have completed the maximum term of service in their respective ranks as above specified, and are not then promoted in their unit, shall be transferred to the Unattached List.
(4) The limitations in this regulation may be waived, on the recommendation of the District Commandant.
(5) The period during which any officer on the active list of the Militia Forces has held the rank of Second Lieutenant will be counted as service as Lieutenant for the purposes of this Regulation.
Officers Unattached List. Duty for.
73. Officers on the Unattached List who are liable to be trained under the provisions of Part XII. of the Act may be posted to Reserve Units or to the Senior Cadets, and may be required to attend annually a period of Continuous Training, School of Instruction, Staff Tour, Muster Parade, or other duty, provided that the total duration of such attendances in any one year shall not exceed the number of days of training specified for the arm of the Service to which they belong.
Transfers from Unattached List.
74. Officers may be transferred from the Unattached List to units of the Active Forces in special cases, recommended by a District Commandant.
Transfers to Reserve on completion of service.
75. Officers may be transferred to the Reserve of Officers on completion of their term of service in the Active Forces.
Officers required to serve for twelve years.
76. (1) Officers who are liable to training under Part XII. of the Act, are required to serve as such for a period of twelve years, in order that it may count as such service, except as prescribed in these Regulations. In no case can an officer be relieved of further liability to training unless he has served as such for the full period required of him if he had served in the ranks. (Sec. 17 (2) D.A.).
(2) In other cases, where exceptional hardship would otherwise be caused, an officer may be allowed to count less than twelve years’ service as a compliance with the Act, subject to the special approval of the Military Board.
Applications for first commissions.
77. (1) All recommendations for appointments and promotions will be forwarded by Commanding Officers to the District Commandant, on the authorized form.
(2) When the candidate has previously held a commission, a certificate from his last Commanding Officer will be forwarded as to whether his services were satisfactory, and whether his retirement or resignation arose from any matter affecting his character or efficiency. A candidate may be appointed provisionally, pending the production of the aforesaid certificate. When the candidate has previously served in the ranks of the Naval or Military Forces, his discharge certificate will accompany the recommendation.
DIVISION 8.—COMMANDING OFFICERS.
Period of command.
78. Officers appointed to command regiments or corps or larger units may hold such appointments, subject to the provisions for retirement on account of age, for a term of five years; but the Governor-General may extend such term for a further period, subject in either case to the provisions, of Regulation 152.
This Regulation shall not apply to Commanding Officers of squadrons, batteries, companies, or other similar units.
DIVISION 9.—AIDES-DE-CAMP TO THE GOVERNOR-GENERAL.
Number.
79. Officers, not exceeding twelve in number, may be appointed as Aides-de-Camp to the Governor-General for gallantry and distinguished service in the field or for meritorious service in the interests of the Commonwealth.
Eligibility.
80. Officers eligible for the above distinction must, during their tenure of office, be on the Active List or the Reserve of Officers, and not below the rank of Major, provided, however, that any officer who held an appointment on or before the 3rd July, 1912, or who for any reason had not yet completed the term of five years in this appointment on the 3rd July, 1912, and is affected thereby, will be permitted to complete the tenure of such appointment.
Tenure.
81. The appointment will be for five years. In exceptional circumstances Officers may be re-appointed for an additional term of two years.
Aiguillette.
82. Aides-de-Camp to the Governor-General will wear, on the right shoulder, when on duty, a special gold cord aiguillette of a somewhat similar design to that worn by Aides-de-Camp to the Sovereign.
Without pay.
83. These appointments will not entitle the officer to any pay or allowances.
DIVISION 10.—HONORARY PHYSICIANS AND HONORARY SURGEONS TO THE GOVERNOR-GENERAL.
Number.
84. Officers of the Australian Army Medical Corps, not exceeding two in number, may be appointed as Honorary Physician and Honorary Surgeon respectively to the Governor-General for distinguished service in the field, or for meritorious service in the interests of the Commonwealth.
Regulations as for A.D.C.
85. Regulations applying to the appointment, duties, &c., of Aides-de-Camp to the Governor-General will apply to Honorary Physicians and Honorary Surgeons.
Without pay
86. These appointments will not entitle the officer to any pay or allowances.
DIVISION 11.—AIDES-DE-CAMP TO STATE GOVERNORS.
Number.
87. The Governor-General may approve of any officers of the Militia Forces, and not exceeding two in number, accepting appointment as Aides-de-Camp on the Personal Staff of a Governor of a State.
Rank. Not to be seconded.
88. Aides-de-Camp are not to be of higher rank than Lieutenant-Colonel. Officers of the Militia Forces will not be placed on the Supernumerary List of their Regiments, but when doing duty on the Personal Staff of the Governor of a State will be shown as “On Command” upon the occasions when they may be prevented from carrying out their usual military duties.
Aiguillette.
89. Aides-de-Camp will be permitted to wear, on the right shoulder, an aiguillette when on duty similar to that allowed for Personal Aides-de-Camp under Dress Regulations.
Without pay.
90. These appointments will not entitle officers to any pay or allowances.
DIVISION 12.—CONSULAR REPRESENTATIVES.
Appointment to Consular service.
91. (1) Militia Officers will not accept positions in the Consular Service of foreign countries without the approval of the Military Board.
(2) Members of the Permanent Forces are not under any circumstances to hold such a position.
DIVISION 13.—MILITIA ADJUTANTS.
Appointment of Militia Adjutants.
92. (1) An officer of the rank of Captain or Lieutenant may be provisionally appointed as a Militia Adjutant on the recommendation of the Commanding Officer and District Commandant—
(2) A Captain, or Lieutenant, who has passed for promotion to the rank of Captain, appointed Adjutant, may be confirmed in such appointment after a period of six months on the certificate of the Commanding Officer and District Commandant, that he has satisfactorily carried out the duties of his appointment.
(3) A Lieutenant provisionally appointed Adjutant, who has not qualified for promotion, will be required to so qualify within a period of twelve months of such appointment, and may then be confirmed in the manner prescribed in sub-regulation (2) of this Regulation.
Duration of appointment of Adjutants.
93. (1) The appointment of Adjutant shall not exceed a period of three years, but in special cases the appointment may be extended for a period not exceeding two years.
(2) An officer will not be permitted to retain the appointment of Adjutant for a longer period than twelve months after promotion to Field rank.
DIVISION 14.—INTELLIGENCE SECTION.
Intelligence Section, General Staff.
94. (1) Officers who show aptitude or possess special qualifications for intelligence work will be selected by District Commandants from the several arms and departments, and nominated for attachment to the Intelligence Sections of the General Staff in Military Districts within the limits of the establishment provided for respective Districts from time to time. The Adjutant-General will take the advice of the Chief of the General Staff before submitting to the Military Board the names of candidates for attachment to the Intelligence Section of the General Staff.
(2) An officer seconded from his unit for attachment to, or transferred from the Unattached List for service with, the Intelligence Section of the General Staff will be posted to the Intelligence Section with his Commonwealth Military Forces rank and seniority.
(3) An Officer will serve with the Intelligence Section for a maximum period of two years, unless the Chief of the General Staff recommends that the period of service be prolonged for a further period of two years. After an officer has returned to duty with his unit for a period of at least one year he may again be attached to the Intelligence Section for a maximum period of two years only.
(4) On promotion he will be given the option of returning to his unit or remaining with the Intelligence Section.
(5) When the command of a unit becomes vacant and the next senior officer is serving with the Intelligence Section, he will, as a rule, return to his unit to take command. If he elects to remain with the Intelligence Section, he will thereupon relinquish any claim to appointment to fill that vacancy in the command of his unit, and on the completion of his term with the Intelligence Section he may be transferred to the Unattached List.
(6) An officer whose services in the Intelligence Section are no longer required or who does not satisfactorily perform his duties in the Section will be returned to duty with his unit as a supernumerary pending absorption, or may be transferred to the Unattached List.
DIVISION 15.—QUARTERMASTERS.
Appointment of Quartermasters.
95. Recommendations for appointment as Quartermaster will be forwarded by Commanding Officers to District Commandants, accompanied by the documents specified in Regulation 77.
Age on appointment.
96. Candidates promoted from the ranks are eligible for appointment as Quartermaster up to the age of 50.
Honorary rank for Quartermasters.
97. Quartermasters not liable for service under Part XII. of the Act after five years’ service as Lieutenants or Honorary Lieutenants, may be granted the honorary rank of Captain, and after ten years of commissioned service, during which period they have held the rank of Captain or Honorary Captain for five years, may be promoted to the honorary rank of Major.
Substantive rank.
98. In the case of an officer holding substantive rank being appointed as Quartermaster, he will continue to hold such rank.
DIVISION 16—HONORARY COLONELS-IN-CHIEF AND HONORARY COLONELS.
Conditions of appointment.
99. An Honorary Colonel-in-Chief may be appointed to the Australian Light Horse, the Australian Artillery, the Corps of Australian Engineers, and the Australian Infantry, and an Honorary Colonel may be appointed to any Regiment or Corps of the Military Forces, subject to the following conditions:—
(a) The appointment to be purely honorary, and to confer no right of command.
(b) No expense to the public to be entailed by such appointment.
Tenure of appointment.
100. Honorary Colonels shall not be subject to the provisions for compulsory retirement on account of age, but may continue to hold their appointments during the pleasure of the Governor-General.
For whom reserved.
101. The above honorary positions are reserved for Officers and others who have rendered valuable, distinguished, or gallant service to Australia in a military or other public capacity. Appointments will not be tendered to any person without permission of the Military Board.
DIVISION 17.—DURATION OF APPOINTMENTS ON THE ADMINISTRATIVE AND INSTRUCTIONAL STAFF.
Duration of appointments on A. and I. Staff.
102. (1) No Officer, unless re-appointed, shall hold the position of Inspector-General or a position on the Staff of the Inspector-General for a longer period than four years.
(2) No Officer of the Permanent Forces, unless re-appointed, shall hold the same position on the Head-Quarters Staff, a District Head-Quarters Staff, or the Staff of the Royal Military College of Australia, or a Military School, for a longer period than four years.
(3) This regulation shall also apply to Officers holding positions as above, as if it had been made to come into force from the date of their appointments to such positions.
DIVISION 18.—PROMOTIONS—GENERALLY.
Special promotion.
103. The Governor-General may promote an Officer for distinguished service, or for marked ability and gallantry in active service, without his passing the prescribed examination. (Sec. 22, D.A.)
Graduates, Staff College.
104. Officers who are Staff College graduates will be exempt from all examinations for promotion to the ranks of Captain and Major, and from Part I. of the prescribed examination for promotion to the rank of Lieutenant-Colonel.
Qualifying examination.
105. Officer below the rank of Lieutenant-Colonel, except as provided in Regulation 103, shall be promoted unless he has previously passed the prescribed examination for promotion to a higher rank. (Sec. 21 (1), D.A.)
Necessary to pass School of Instruction.
106. (1) No officer will be promoted except probationally to any rank higher than that of Captain until he has passed in accordance with section 21 (1) of the Defence Act one of the Schools of Instruction, as prescribed by Regulation 107.
(2) No Officer will be promoted to any rank higher than that of Major until he has passed in accordance with section 21 (a) (2) of the Defence Act a School of Instruction, as prescribed by Regulation 107.
Provided, however, that in time of war, if the Chief of the General Staff certifies to the Minister that it is impracticable to conduct such courses of instruction as are referred to in this Regulation, an Officer of the Military Forces may, upon the recommendation-of his Commanding Officer, be promoted without having passed those courses.
Schools of Instruction prescribed under Section 21a (1); (2), of the Defence Act 1903–1915.
21 A (1) (i). Duties in the Field.
Schools of Instruction.
107. For Captains of Light Horse, Field and Garrison Artillery, Field Engineers, Infantry, Signal Units, and Army Service Corps.
Period of six working days—Minimum, 43 hours.
Synopsis of Work.
Field Sketching—
The solution of simple tactical problems, both indoors and in the field, special attention being paid to the work required in the field of the various arms to which officers under instruction belong.
No examination will be held at these Schools, certificates being awarded on the whole of the officer’s work during the School.
21 A (1) (ii). Coast Defence.
For Captains of the Royal Australian Garrison Artillery and Fortress, Electric and Submining Companies Engineers.
Period of six working days.
Synopsis of Work.
The work of each arm in connexion with the approved scheme of defence for the defended port concerned:—
Principles of Coast Defence.
Employment of Coast Defence Artillery, Electric Light, and Submarine Mines.
Organization of a Battery Command.
Manning and Sighting a Fire Command.
Identification of Ships.
Landward Defences for Forts, &c.
Tactical Schemes in connexion with the defence of the Fortress Area, &c.
No examination will be held at these Schools, certificates being awarded on the whole of the officer’s work during the School.
21 A (2). Tactical Fitness to Command.
For Majors of all arms (except Medical, Veterinary, Ordnance, and Departmental Services)
Period of four working days.
Synopsis of Work.
(i) A Staff Tour, during which an officer should not be placed in command of a larger Force than a Brigade of Infantry with a Brigade of Field Artillery and a Light Horse Regiment with a proportion of Engineers, Army Service Corps, &c.;
Or,
(ii) Tactical problems, both indoor and outdoor, in accordance with the Syllabus of Examination for Promotion to the rank of Lieut.-Colonel.
Exemptions will be granted to officers who are Staff College graduates, and to officers of the Royal Australian Garrison Artillery holding First Class School of Gunnery Staff Course
Certificates, either from Shoeburyness or the Commonwealth School of Gunnery, if obtained within five years of date of School.
Schools of Instruction not required for certain services.
108. Regulation 106 shall not apply to Officers of the Medical, Veterinary, Ordnance, and other departmental services.
Service requisite before promotion to Captain.
109. An Officer appointed to the Permanent Forces subsequent to the 1st September, 1913, shall not be promoted to the rank of Captain, except under very special circumstances, unless he has served for a period of not less than four years in the rank of Lieutenant or Second Lieutenant in the Permanent Forces.
Subjects of examinations.
110. The subjects and scope of the examinations shall be as authorized from time to time by the Military Board. (Section 21, D.A.)
Exemption from riding test.
111. Officers who have “passed” a School of Military Equitation will be exempt from the test in riding.
Recommendations for promotion.
112. Recommendations for promotion are to be submitted to the Military Board in the same manner as appointments.
Promotion and appointment by selection.
113. (1) In the Permanent Forces promotion up to the rank of Captain will usually be made according to seniority, and to higher grades by selection, subject, in all cases, to the passing of such examinations as may from time to time be laid down.
(2) Provided that when recommending a promotion by which an Officer will be superseded, the Officer submitting such recommendation will state the circumstances which have induced him to make his recommendation, and also that the Officer to be superseded has been informed.
(3) Specially meritorious service on the General or Administrative Staff may, on the recommendation of the Military Board, be recognised by accelerated promotion. The accelerated promotion will usually be granted in the form of a brevet up to the rank of Lieutenant-Colonel, and above that rank by selection for the substantive rank of Colonel.
Seniority List.
114. For the purposes of Regulation 113 all Officers appointed to the Permanent Forces (Combatant Arms) after the 1st March, 1913, will be borne on one Seniority List, according to the dates and ranks of their appointments to or promotion in the Permanent Forces.
Promotion not a right.
115. Officer is entitled to claim promotion as a right.
DIVISION 19.—CHAPLAIN’S DEPARTMENT.
Establishment of Chaplains.
116. An establishment of Chaplains will be laid down, and published in Military Orders as may be necessary.
Constitution of Chaplains’ Department.
117. The Chaplains’ Department will consist of Chaplains serving on the—
(a) Authorized establishment,
(b) Unattached List.
Who may be a Chaplain.
118. A clergyman of any recognised religious body may be appointed a Chaplain.
Nomination for appointment.
119. Nominations may be received for appointment as Chaplains from clergymen of any recognised denomination, and will be sent through the Senior Chaplain of the denomination to the Commandant, and will be forwarded by him to the Chaplain-General of the denomination concerned, for transmission to the Military Board.
In other cases nominations will be sent by the head of the denomination, or the recognised governing body, direct to the Commandant, for submission to the Military Board.
Classes of Chaplains.
120. Chaplains will be divided into four classes, viz.:—
4th Class, with relative rank of Captain.
3rd Class, with relative rank of Major.
2nd Class, with relative rank of Lt.-Colonel.
1st Class, with relative rank of Colonel
Chaplains-General.
121. (1) Four Chaplains-General will be appointed, one for each of the following denominations:—
Anglican,
Roman Catholic,
Presbyterian,
Methodist,
(2) A Chaplain-General will be the head of the denomination concerned, or a clergyman recommended by the recognised governing or consultative body of such denomination.
122. (1) A Senior Chaplain for each of the following denominations may be appointed in each Military District to administer the Chaplains of his own denomination in the District:—
Anglican,
Roman Catholic,
Presbyterian,
Methodist.
(2) Senior Chaplains for other denominations may be appointed on the recommendation of the Military Board, subject to provision being made for their appointments on the authorized establishment.
(3) A Senior Chaplain shall either be—
(a) the head of the denomination in the Military District; or
(b) such other clergyman as he or the recognised denominational governing or consultative body may recommend.
(4) On the termination of his appointment, a Senior Chaplain may be absorbed in the first vacancy on the authorized establishment, with his classification governed by his length of service, or, if there be no vacancy on the authorized establishment, he may be transferred to the Unattached List pending a vacancy.
Promotion governed by length of service.
123. Promotions of Chaplains will be governed by length of service, as follows:—
(a) to the 3rd Class, after ten years’ service as Chaplain;
(b) to the 2nd Class, after fifteen years’ service as Chaplain, including five years in the 3rd Class;
(c) to the 1st Class, after twenty years’ service as Chaplain, five of which must have been in the 2nd Class.
Provided that a clergyman appointed Chaplain-General may be appointed a 1st Class Chaplain without having previously served as a Chaplain.
A Clergyman or a Chaplain with less than 20 years’ qualifying service, appointed Senior Chaplain, may be granted the temporary classification of 1st Class Chaplain whilst holding such appointment.
C.9801.—B
Transfers of Chaplains.
124. Transfers of Chaplains from one Military District to another will receive the sanction of the Senior Chaplains of the Military Districts concerned, or, in the case of other denominations, the head of the denomination or governing body in each of the Military Districts.
Change of address.
125. A Chaplain leaving the Military District in which he is resident, or changing his address, will at once notify the Senior Chaplain of his denomination, who will report the same to the Commandant, who will take any necessary action.
Cancellation of appointment.
126. (1) On intimation being received by the Military Board from the head of a denomination that a Chaplain has ceased to be in the service of the denomination, or is considered to be unsuitable to carry out the duties of a Chaplain, his appointment will be cancelled.
(2) A Chaplain on the establishment who has not performed any duty for two years in succession will be retired, provided that in special cases this provision may be relaxed on the recommendation of the Senior Chaplain of his denomination and the Commandant.
(3) In the event of a Chaplain on the establishment retiring, the fact shall be notified by the Senior Chaplain of the denomination concerned to the Commandant, and a new nomination will be submitted to fill the vacancy.
(4) The appointment of a Chaplain who ceases to reside in Australia will be terminated.
Unattached List of Chaplains.
127. (1) An Unattached List shall be formed, to which Chaplains who have served for not less than one year on the authorized establishment of Chaplains shall be transferred when they are temporarily unable to serve on the authorized establishment, or when they are, for any reason whatever, unable to discharge the more active duties entailed by service as Chaplains.
(2) Chaplains will only be transferred to the Unattached List who certify that they are capable of, and desirous for, employment as Chaplains if required.
(3) Chaplains will only be permitted to remain on the Unattached List for five years, and, failing to gain a re-transfer to the authorized establishment on completion of this period, will be retired.
Chaplains not subject to age restrictions.
128. Chaplains will not be subject to the regulations governing the age for retirement laid down in Regulation 152.
Duty with troops.
129. (1) Chaplains are required to perform duty with the troops as may be arranged by their Senior Chaplains.
(2) All arrangements for Divine Service will be made by the Senior Chaplain of each denomination for the service of his denomination, but this shall not prevent two or more Chaplains agreeing to hold combined services at any time, with the concurrence of their Senior Chaplains.
(3) Chaplains will only be detailed for duty at Camps of Continuous Training on the approval of the District Commandant. They should, if possible, attend for the whole period, and will be granted allowances, as laid down in Financial and Allowance Regulations.
Treatment of Chaplains.
130. Chaplains are to be treated with those marks of respect which are due to their profession, and Commandants and Officers Commanding are to render them every possible assistance in carrying out their duties.
DIVISION 20.—EXCHANGE AND TRANSFER.
Exchange.
131. Officers of different Regiments or Corps, but of the same rank and arm, may be allowed to exchange, subject to the following conditions:—
(a) Approval must be obtained from the Officer Commanding each Regiment or Corps concerned and be recommended by the District Commandant.
(b) Each Officer shall rank regimentally in his new Regiment or Corps as may be prescribed.
(c) Proposed exchanges are to be submitted to the Military Board, and in the same manner as appointments.
Appointment or transfer to Survey Corps.
132. To be eligible for transfer or appointment to commissioned rank in the Australian Survey Corps, candidates will be required to have fulfilled the conditions for appointment to the Corps prescribed in Regulation 43.
Transfers.
133. Officers will usually continue to serve in the unit to which they are first appointed so long as they reside in the Area which furnishes the personnel of the unit. On changing their place of residence they may be transferred to another unit without loss of seniority or eligibility for promotion. Officers so transferred will not supersede the holders of any appointments in their new unit, but will be appointed to the first vacancy for which they are qualified. Until such vacancy occurs, they will be borne on the roll as supernumerary.
Transfers to other arms.
134. (1) An officer desiring transfer to another arm or branch of the Service will make application in writing, giving his reasons for applying, and stating in detail his qualifications for the arm of the Service he desires to enter.
(2) District Commandants will recommend such an application only when fully satisfied that the transfer will be for the benefit of the Service.
(3) Provided that officers of any arm, corps, or branch of the Service may be seconded for attachment to the Australian Intelligence Section.
DIVISION 21.—SECONDED OFFICERS.
Officers, when to be seconded.
135. An officer below the substantive rank of Lieutenant-Colonel may be seconded in his Regiment or Corps:—
(a) From the date of appointment or embarkation in the case of an oversea military appointment.
(b) From the date of appointment to any civil office, or to any public position which prevents the performance of military duty.
(c) From the date of being attached to the Intelligence Section.
(d) From the date of appointment as Area Officer.
(e) From the date of appointment to any other office as may be approved.
Service with Senior Cadets.
136. Officers of the Militia Forces who are detailed to serve with the Senior Cadets will be seconded from their Regiments or Corps whilst so serving unless special authority is obtained from the Military Board for them to continue to serve with their Regiments or Corps.
To become supernumerary until absorbed.
137. On reverting from the Seconded List an Officer shall, unless liable to retirement, rejoin his regiment as supernumerary, retaining his regimental rank and position.
Regimental vacancy, when retained.
138. If a vacancy occurs in a regiment in which there is a seconded officer who would revert, within three months, to the Regimental List, such vacancy may be retained for the absorption of the seconded officer.
DIVISION 22—SUPERNUMERARY REGIMENTAL OFFICERS.
Supernumerary officers.
139. An officer may be retained as supernumerary on the strength of his Regiment or Corps:—
(a) In the case of a reduction in the establishment of the Regiment or Corps.
(b) While awaiting a vacancy under Regulations 133, 137, and 323.
(c) Except as provided in this Regulation, supernumerary officers will not be appointed.
Provided, however, that in the Australian Army Medical Corps and the Engineer and Railway Staff Corps, supernumerary officers may be appointed on the recommendation of District Commandants, not exceeding in number 25 per cent. of the annual establishment of officers of such Corps.
DIVISION 23.—UNATTACHED LIST.
Officers born prior to the year 1894.
140. (1) An Unattached List shall be formed, to which officers born prior to the year 1894, and who have served for not less than five years in a Regiment or Corps as officers, may be appointed.
Officers liable for training under Part XII. of Act.
(2) Officers liable for training under Part XII. of the Act whose civil occupations necessitate their removing and residing at a place which is not within five miles from a place appointed for training, and who have completed not less than five years of the training required under section 125 (c) of the Act, may be placed on the Unattached List for the remainder of their term of commissioned service. Such officers may be re-transferred to units if, during the remainder of the term of their commissioned service, they become resident at a place which is within five miles from a place appointed for training.
(3) Officers who have not completed five years training shall be required to resign their commissions.
Senior Cadet officers may be shown on U.L.
141. (1) An officer of the Senior Cadets appointed before 1st July, 1914, who qualifies for his rank under the syllabus and conditions which apply to officers” of the Militia Forces, shall be granted a substantive commission, and be shown on the Unattached List of the Militia Forces.
(2) An officer granted a substantive commission under sub-regulation (1) of this Regulation will not be permitted to retain it when promoted to a higher rank in the Senior Cadets, unless he shall have qualified for such higher rank, in accordance with the syllabus and conditions which apply to officers of the Militia Forces.
(3) The substantive commission on the Unattached List of the Militia Forces granted to an officer of the Senior Cadets will be withdrawn when such officer ceases to serve with the Senior Cadets.
Application to be placed on list.
142. Officers who desire to be placed on the Unattached List will apply to their Commanding Officers, who will forward the applications to the District Commandant, with their recommendations.
Counting of service.
143. Service upon the Unattached List will count towards Honorary Rank. Officers not liable for training under Part XII. of the Act, who have been on the Unattached List more than two consecutive years without either attending a School of Instruction or a Camp of Continuous Training of their own arm for the full period of such Camp, will be transferred to the Reserve of Officers, except officers of the Australian Army Medical Corps and those officers whose civil avocations qualify them for the position they are allotted to in the scheme of defence.
Certain officers to be on the U.L. for five years only.
144. (1) Officers not liable for training under Part XII. of the Act will only be permitted to remain on the Unattached List for five years, and failing to gain a re-transfer to a Regiment or Corps on completion of this period, will be transferred to the Reserve of Officers.
(2) This Regulation will not apply to officers who have been placed on the Unattached List on completion of a period of command, as prescribed in Regulation 78, nor to those officers referred to in the last portion of Regulation 143.
Instruction of officers.
145. Officers upon the Unattached List are to be called upon by District Commandants to attend a course of instruction or camp of training, or to perform other military duty.
Service with Cadets.
146. Officers on the Unattached List are available for duty with the Senior Cadets. (Section 24, D.A.)
DIVISION 24.—RESERVE OF OFFICERS.
Reserve list.
147. (1) Officers not liable for training under Part XII. of the Act, within the age limit, may be transferred to the Reserve of Officers, provided (except in the case of officers of the Australian Army Medical Corps and the Australian Army Veterinary Corps) they have served for not less than five years on the Active List as officers, and are reported upon as efficient and thoroughly capable.
(2) Officers will only be permitted to remain on the Reserve of Officers for five years, and, failing to gain a transfer to a Regiment or Corps, on completion of this period, will be retired. This sub-regulation shall apply to officers transferred to the Reserve of Officers on and after the 1st July, 1912.
To form part of Reserve Force.
148. (1) The Reserve of Officers shall form part of the Reserve Forces. (Sec. 32a, D.A.)
(2) Officers of the Reserve shall rank amongst themselves according to the seniority which they held on the Active List; but all officers of the Reserve Forces shall rank as junior in their respective ranks to officers on the Active List. (Sec. 20, D.A.)
(3) Should an officer be transferred from the Reserve of Officers to any Unit or Corps, he shall take seniority in such Unit or Corps as from the date of such transfer.
Service with Cadets.
149 Officers of the Reserve Forces are available for duty with the Senior Cadets.
Resignation.
150. Officers of the Reserve Forces may resign in the same manner as officers of the Active Forces. (Sec. 25, D.A.)
DIVISION 25.—RETIREMENT.
Retired List.
151. Officers of the Military Forces who are retired with permission to retain their rank and wear the prescribed uniform will be placed on the Retired List.
Ages for retirement.
152. (1) Officers and soldiers of the Military Forces shall be retired at the ages set forth in the following table, but in special cases of an exceptional nature the Governor-General may extend the prescribed age for retirement for a period not exceeding two years:—
Rank or Appointment. | Age for Retirement. |
Major-General............................ | 62 |
Colonel................................ | 58 |
Lieutenant-Colonel......................... | 56 |
Major................................. | 55 |
Captain................................ | 50 |
Lieutenant.............................. | 48 |
Officers of Army Medical Corps— |
|
Captain.............................. | 57 |
Higher ranks........................... | 60 |
Officers of the Australian Army Veterinary Corps— |
|
Lieutenant............................ | 50 |
Captain.............................. | 57 |
Higher ranks........................... | 60 |
Officers on the Reserve of Officers’ List........... | 60 |
Officers of the Australian Army Medical Corps Reserve | 60 |
Quartermaster and Bandmaster holding commissions.. | 60 |
Military Staff Clerks........................ | 60 |
Warrant Officers.......................... | 60 |
Armament Artificers, Assistant Armament Artificers, and other Ordnance Department Artificers | 60 |
Non-commissioned Officers................... | 60 |
Men.................................. | 55 |
(2) Local, temporary, or honorary rank will not be considered in reference to the age for retirement.
(3) In time of war the ages for retirement may be extended for an additional period not exceeding the duration of the war, and a period of three months thereafter.
Provided that this Regulation shall not apply—
(a) To officers who held appointments on or before the 3rd March, 1911. Such officers will be permitted to complete the present tenure of such appointment under the regulation in force prior to the 3rd March, 1911; nor
(b) To officers and non-commissioned officers of the Provost Staff, nor to any officer of the Militia Forces whilst holding the appointment of Area Officer. (Sec. 27, D.A.)
153. In time of war officers of the Reserve of Officers and Retired List may be transferred or appointed to the Active List, notwithstanding that their ages exceed those prescribed for officers of the Active List by Regulation 152, and such officers may continue to serve on the Active List for the duration of the war and a period not exceeding three months thereafter.
Rank on retirement.
154. Officers on retirement may be granted honorary rank or may be allowed to retain their rank, with the right to wear the uniform of their Corps, and with the addition of the letter R on the shoulder strap, as follows:—
With Step of Honorary Rank on Retirement.
Substantive Rank. | Service Qualifications. |
Lieut.-Colonel............... | After twenty years’ commissioned service in the Permanent, Militia, or Volunteer Forces. |
Major..................... | |
Captain................... | After fifteen years’ commissioned service in the Permanent, Militia, or Volunteer Forces. |
Lieutenant.................. | |
Quartermaster............... |
Retention of Rank.
Substantive Rank. | Service Qualifications |
Colonel................. | After ten years’ commissioned service in the Permanent, Militia, or Volunteer Forces. |
Lieutenant-Colonel.......... | |
Major................... | |
Captain................. | |
Lieutenant............... | |
Quartermaster............. |
This paragraph will not apply to officers who retired before the 1st January, 1913.
Service to count.
155. (1) Service in the Reserve Forces will not count, and no officer will be placed on the Retired List who has less commissioned service than that specified in Regulation 154.
(2) One-half of any period of service in the ranks of the Permanent Forces, or one-fifth of any period of service in the ranks of the Militia or Volunteer Forces, will be allowed to reckon as commissioned service with reference to the periods of service specified in Regulation 154. Under no circumstances,
however, will the reckoning of service in the ranks under these Regulations give directly, or indirectly, any claim to extra pay or pension.
Application for honorary ranks.
156. A certified statement in detail of each officer’s service, signed by the Commanding Officer, will accompany all applications for honorary rank.
Re-appointment, Active List.
157. Officers granted a step of honorary rank on retirement shall revert to the rank they held prior to retirement, should they be re-appointed to the Active List.
Compulsory retirements.
158. The services of an officer may be dispensed with for any of the following reasons:—
(a) Absence without leave for three months.
(b) In the case of Militia, absence from continuous training.
(c) In the case of an Intelligence Section, non-performance of the prescribed work.
(d) Medical unfitness.
(e) Misconduct.
(f) Incapacity or inefficiency.
(g) Failing to pass the prescribed examinations.
(h) On reaching the limit of age prescribed.
(i) By sentence of court martial.
(k) For any other cause, the existence or sufficiency of such cause to be determined by the Governor-General.
DIVISION 26.—UNATTACHED, RESERVE, AND RETIRED OFFICERS.
Annual report of address.
159. An officer of the Unattached, Reserve, or Retired List shall report himself at the commencement of each year, in writing, to the Commandant of the District in which he last served on the Active List, failing which his name may be removed from the List. An officer reporting himself will, at the same time, forward his address for the current year, and any subsequent change of address should be notified.
DIVISION 28.—DEATH OR RESIGNATION OF OFFICERS.
Report of deaths.
160. District Commandants will report to the Military Board the deaths of officers within their commands.
Resignation, effect of.
161. (1) Resignations and retirements are to be submitted to the Military Board, in the same manner as appointments.
(2) Officers relinquishing their commissions are not to be considered as retaining any rank in the service, either on account of such commissions or of any brevet commission they may have held, except in cases specially approved by the Governor-General.
(3) An officer who tenders the resignation of his commission, whether the same be accepted and notified in the Gazette or not, shall not be thereby exempted from any liability under the Act or these Regulations.
PART VI.—WARRANT AND NON-COMMISSIONED OFFICERS.
DIVISION 1.—APPOINTMENTS AND PROMOTIONS IN PERMANENT FORCES.
Who may appoint and promote W. and N.C.O’s.
162. (1) Appointment and promotion to paid acting and paid non-commissioned ranks in the Royal Australian Field Artillery, Royal Australian Garrison Artillery, Royal Australian Engineers, and Australian Army Medical Corps (Permanent Services) will be made by the Adjutant-General on the recommendation, in the case of the Royal Australian Field Artillery and the Royal Australian Garrison Artillery, of the Officers Commanding in the case of the Royal Australian Engineers, of the Chief of Ordnance; and in the case of the Australian Army Medical Corps (Permanent Services), of the Director-General of Medical Services.
(2) In the other arms of the Permanent Forces, District Commandants and Commanding Officers are empowered to appoint non-commissioned officers below the rank of Sergeant; promotion to and above the rank of Sergeant will be made by the Adjutant-General.
(3) All Warrant Officers of the Permanent Forces will be appointed by the Adjutant-General.
Appointments not on probation.
163. Appointments of Warrant and non-commissioned officers of the Permanent Forces to other arms or branches of the Defence Department will not be made on probation. All such appointments will be made with the understanding that should the appointee be found unsuitable for the new position, or if for any reason he may desire to return to duty with his former Corps, he can only be permitted to revert to the Corps from which he was appointed, provided there is a vacancy in his old or lower rank in which he can be absorbed.
Permanent rank.
164. A non-commissioned officer or man on receiving an appointment will thereupon be vested with the rank attached to that appointment, and this will be his permanent rank. The rank attached to any appointment is that indicated in the title of that appointment, unless some superior rank is expressly attached to it by regulation; for example, the permanent rank of a Wheeler Bombardier is Bombardier.
Examination for promotion.
165. No non-commissioned officer shall be appointed or promoted until he has passed such qualifying examination as may be from time to time authorized, provided that in cases of necessity appointments or promotions may be made on probation; and any soldier so appointed or promoted shall in such event be required to pass the necessary examination within six months of his appointment or promotion; the examination will be conducted by Boards appointed by District Commandants.
Appointment to rank of Farrier-Sergeants.
166. Any soldier, before being appointed to the rank of Farrier-Sergeant in any Corps, must previously have qualified for the appointment by attendance, and obtained a pass certificate at a properly constituted Veterinary School, as may from time to time be ordered by the Military Board.
Instructional Staff.
Special School of Instruction.
167. A Special School of Instruction shall be established for the training of an Instructional Staff of Non-commissioned Officers, and all future appointments of persons to act as instructors shall be made from amongst those who have, at the close of the prescribed course, satisfied the Chief of the General Staff, or some person duly appointed by him, that they are competent.
Provided that persons who have acted as instructors in the Imperial or Australian Military Forces, or who, having served in the Imperial or Australian Military Forces, satisfy the Chief of the General Staff that they have the necessary qualifications, may be appointed without passing through such course. (Sec. 21b, D.A.)
Age and Service.
168. To be eligible for appointment to the Special School of Instruction referred to in paragraph 152, a candidate must—
(a) Be within the ages of 22 and 40 years at the date of commencement of examination for such appointment referred to in paragraph (e) of this Regulation, except under special circumstances approved by Military Board.
(b) Have served for at least three years in the Military Forces of the Commonwealth, except under special circumstances approved by the Military Board.
(c) Be recommended by his Commanding Officer, or, in the case of a candidate not serving at the time of application, by the Commanding Officer of the Corps in which he last served, as a fit and proper person for appointment to the Instructional Staff.
(d) Be certified as medically fit, in accordance with Regulation 171.
(e) Have passed the examination for appointment to the school referred to in Regulation 172 (in the case of there being more candidates than vacancies the examination in practical drill will be competitive).
Notification of examination.
169. Notification of intention to hold an examination for appointment to a school under Regulation 167 will be published in orders and by advertisement in each of the States. Such notification shall state the estimated number of vacancies, and the place and dates between which the school will be held.
Approval.
170. The applications of candidates who have served in the Australian Military Forces, as provided in paragraph (b) of Regulation 168, will be submitted to District Commandants through the usual channel, and provided they comply with the conditions prescribed in these Regulations, may be approved by them. Railway passes may be issued to approved candidates to attend the examination.
Medical examination.
171. Each candidate will be medically examined, either by the Principal Medical Officer or Staff Officer for Medical Services, or the Medical Officer appointed to medical charge of permanent troops of his station of each district, and will not be further tested unless certified to be physically qualified.
Examination.
172. The examination (Regulation 168 (e)), will be as set out from time to time in Military Orders.
Successful candidates.
173. (1) The required number of successful candidates in the order of merit in which they pass the examination will be seconded from their Corps, and provisionally appointed to the Special School of Instruction with the rank of Sergeant. Whilst attending the school, they will be granted pay at the minimum rate prescribed for Non-commissioned officers (Staff Sergeants-Major) of the Instructional Staff, and will be provided with uniform and rations.
(2) At the conclusion of the school, candidates, in order to be recorded as having qualified for appointment to the Instructional Staff, will be required to pass an examination in Military Subjects, and to satisfy the Chief of the General Staff, or some person duly appointed by him, that they are competent to act as instructors.
(3). Vacancies existing on the Instructional Staff for first appointments thereto will be filled by successful candidates according to the order or merit in which they passed the qualifying examination. The remainder will be discharged from the school.
(4) Successful candidates for whom no vacancies exist will be eligible, without further examination, for appointment to any vacancy that may occur within eighteen months of the date of their discharge from the school, provided however, that they are again passed as physically qualified in the manner prescribed in Regulation 171.
DIVISION 2.—APPOINTMENT, PROMOTION, AND TRANSFER IN THE MILITIA FORCES.
N.C.O.’s Examinations.
174. (1) The examination and promotion of Non-commissioned Officers will be carried out on the principles laid down for the examination and promotion of Officers.
(2) No soldier shall be promoted to Non-commissioned rank until he has qualified by examination. The first examination shall be for the rank of Corporal, but promotions may be first made to the rank of Acting Bombardier, Lance-Corporal, or Bombardier, from those who have passed for Corporal.
(3) Examinations will be competitive as well as qualifying; as far as practicable they will be held annually, towards the end of the military year.
(4) The various grades will be eligible to compete in the examinations for promotion, as specified hereunder:—
Grade 1.—Privates are eligible to compete for promotion to Corporal;
Grade 2.—Corporals, 2nd Corporals, Bombardiers, Acting Bombardiers, and Lance-Corporals are eligible to compete for promotion to Sergeant;
Grade 3.—Sergeants and Lance-Sergeants and Non-commissioned Officers above that rank are eligible to compete for promotion to higher rank up to and including warrant rank.
(5) The Syllabus of Examinations and Instructions to Boards of Examination will be as authorized in Military Orders.
(6) In the event of there not being sufficient qualified candidates for any vacancy, or not sufficient reaching the standard required, those in the next grade may be allowed to compete.
(7) The examination for these ranks shall be practical, and, as far as possible, oral. The only written work to be demanded of candidates will be such as they have to carry out in the duties of the rank for which they are being tested.
(8) Boards of Examination will consist of an officer of the Permanent Forces, if available, to be detailed by the District Commandant, and two or more other officers recommended by the Commanding Officer and approved by the District Commandant.
Date from which promotions take effect.
175. Promotions should usually be dated and take effect from 1st July of each year, except when special vacancies occur.
Transfer to Reserve Forces.
176. Non-commissioned Officers who have completed their service, and are not promoted to commissioned rank, may, if they so desire, be transferred to the Reserve Forces, with their existing rank, or with a step of rank if they have passed the qualifying examination for promotion.
Transfers without loss of seniority.
177. Non-commissioned Officers will usually continue to serve in the unit to which they are first appointed so long as they remain in the Area which furnishes the personnel of their unit. On changing their residence they may be transferred to another unit without loss of seniority or eligibility for promotion. Non-commissioned Officers so transferred will not supersede the holder of any appointment in their new unit, but will be appointed to the first vacancy for which they are qualified. Until such vacancy occurs they will be borne on the roll as supernumerary.
Transfers to exempt areas.
178. Non-commissioned Officers whose civil occupations necessitate their removing and residing at a place which is not within five miles from a place appointed for training, may be transferred to the Reserve Forces, but will be re-transferred to the Active Forces if they become resident at a place which is within five miles from a place appointed for training before the termination of their service under the Act.
Transfers to other arms not usually permitted.
179. The transfer of a Non-commissioned Officer from his own to another arm of the. Service will be permitted only in special cases. Applications for such transfers must be submitted to the District Commandant for decision.
Who may appoint W.O.’s and N.C.O.’s in Militia Forces.
180. (1) District Commandants are empowered to appoint Warrant Officers in the Militia Forces, and Commanding Officers of the Militia Forces are empowered to appoint Non-commissioned Officers in such Forces. (Sec. 18, D.A.)
(2) In time of war, and in accordance with the second proviso of Section 11a of the Act, when it is found to be practically impossible to carry out the system of promotion by competitive examinations, District Commandants and Commanding Officers are authorized to promote to Warrant and Non-commissioned rank respectively, subject to passing a qualifying test only.
DIVISION 3.—MILITARY STAFF CLERKS.
Appointment of Military Staff Clerks.
181. Military Staff Clerks shall be appointed in accordance with the provisions of Regulations 181 to 188 inclusive.
Notification of vacancies.
182. Notification of vacancies and of intention to hold an examination will be given by notice in Orders and by advertisement in each of the States.
Applications.
183. Applications from candidates will be received by District Commandants, who will forward the same with their recommendations.
Examination fees.
184. (1) A fee of Fifteen shillings shall be paid by applicants for examination, and a postal note for the requisite amount, made payable to the District Paymaster, must be forwarded with each application.
(2) The amount will be refunded if the applicant is found to be ineligible for the examination, or if reasons satisfactory to the District Commandant be furnished, such as personal illness (covered by a medical certificate), serious illness of a dependent, or other circumstances beyond the control of the applicant, such circumstances to be furnished within seven days of the conclusion of the examination.
Approval of candidature.
185. Candidates will be, informed of the approval or otherwise of the Military Board for them to present themselves for examination.
Persons eligible for appointment.
186. The following are eligible for appointment provided they are certified to be efficient typists, are physically qualified, and subject to passing the prescribed examination:—
(a) members of the Permanent Forces, provided they are between the ages of 19 and 35 years;
(b) other candidates, provided they are between the ages of 16 and 24 years.
Rules of examination.
187. The subjects and rules of examination, marks, &c., will be as prescribed for entrance to the Clerical Division of the Commonwealth Public Service, and should there be more candidates than vacancies, the examination will be competitive, except that candidates who have served for not less than two years in the Permanent Forces, and have qualified, will be granted priority of appointment.
Appointment of successful candidates.
188. Successful candidates will, as vacancies occur, he appointed on probation for a period not exceeding twelve months, and must, before the expiration of that period, be in possession of a certificate that they can write shorthand from dictation at the rate of at least 80 words a minute. After the expiration of not less than six months, and subject to the above-mentioned certificate being obtained, the appointment may be confirmed by the Military Board, if so recommended by the Commandant (or in the case of clerks appointed to the Central Administration, by the Staff Officer) under whom they are serving.
Exemption from examination.
189. In special cases Warrant and Non-commissioned Officers of the Permanent Forces who possess special technical qualifications, approved by the Military Board, may be exempt from
the examinations above referred to, provided they are in possession of a 1st Class Certificate of Education, and that nothing contained in this Regulation shall entitle any person so appointed to the right of transfer to a non-technical branch.
Classification.
190 Military Staff Clerks will be classified for rank and precedence as follows:—
Class. | Salary. | Rank. |
III...... | £110 and less................... | Corporal |
| Above £110 and less than £130 | Sergeant |
| Above £130 and less than £160 | Company Sergeant-Major |
| £160 to £180................... | Regimental Quartermaster Sergeant |
II...... | £210 to £300................... | Warrant Officer |
I....... | £310 and less than £360............ | Honorary Rank of Lieutenant |
| £360 to £400................... | Honorary Rank of Captain |
(2) The seniority of Non-commissioned Officers and Men transferred from other branches of the Permanent Forces shall be as approved by the Military Board.
(3) Promotion from class to class will be based on selection.
Establishment.
191. The establishment of the various classes will be in accordance with the provision made from year to year on the Estimates.
Members of Commonwealth Public Service employed in Defence Department.
192. In the case of a member of the Commonwealth Public Service employed in the Department of Defence who may be appointed to a position under the Defence Act, the duties of which are of a non-combatant nature, and who, consequent on such appointment, is required to be enlisted for a prescribed period in the Permanent Military Forces, the prescribed period of engagement shall be until such time as he reaches the prescribed age for retirement under the Public Service Act, subject to the provisions of Regulation 345, and in the case of the person enlisted, the right of resignation at any time on giving three months’ notice, in writing, to his Commanding Officer of his intention to claim his discharge under this Regulation.
Transfers from other branches of Permanent Forces.
193. (1) Transfers from other branches of the Permanent Forces to the Corps of Military Staff Clerks will be permitted only under the following conditions:—
(2) Any Non-commissioned Officer or man in receipt of a higher rate of pay than the minimum prescribed for the class to which he is transferred shall be permitted to retain such higher rate of pay (provided it does not exceed the maximum of the class to which he is transferred); he will not be granted any increase thereto until such time as he would be enabled, by ordinary increments, to reach his existing salary had he been appointed at the minimum rate of the class to which he is transferred.
DIVISION 4.—GENERAL PROVISIONS, PERMANENT AND MILITIA FORCES.
Precedence of Warrant Officers and Non-Commissioned Officers.
Warrant officers.
194. The position of Warrant Officers is inferior to that of all Commissioned Officers, but superior to that of all Non-commissioned Officers.
Precedence of warrant officers and non-commissioned officers.
195. The following will be the order of precedence of Warrant and Non-commissioned Officers. Those bracketed together rank with one another according to the dates of promotion or appointment:—
(a) Warrant Officers,
Garrison Sergeant-Major.
Master Gunner, 1st class.
Master Gunner, 2nd class.
Staff Regimental Sergeant-Major.
Brigade or Regimental Sergeant-Major.
*Bandmaster.
* Armament Sergeant-Major.
* Mechanist Sergeant-Major.
(b) Non-commissioned Officers.
Master Gunner, 3rd class.
Staff Sergeant-Major.
Brigade or Regimental Sergeant-Major who is not a W.O.
Brigade or Regimental Quartermaster-Sergeant.
* Armament Q.M.S.
* Mechanist Q.M.S.
Squadron, Troop, Battery, or Company Sergeant-Major.
Staff Sergeant.
Squadron, Troop, Battery, or Company Quartermaster-Sergeant.
*Barrack Sergeant.
Sergeant.
Lance Sergeant.
Corporal.
Bombardier.
2nd Corporal.
Acting Bombardier.
Lance Corporal.
(2) Armament, Armourer, Artificer, Collar-maker, Farrier, Mechanist, Pioneer, Saddler, Shoeing-smith, and Wheeler, Non-commissioned Officers take precedence according to their rank as Q.M.S., Sgt., &c.
(3) Warrant and Non-commissioned Officers against whose names an asterisk (*) is placed are not entitled to assume any command on parade or duty, except over such W.O.’s, N.C.O.’s, and men as may be specially placed under their orders. In matters of discipline, however, they will, at all times, exercise the full authority attached to their rank.
(4) Classification for pay shall not affect the above classification for purposes of command and precedence.
Rank conferred by appointment.
196. The appointments held by Warrant Officers, Non-commissioned Officers and men of the Military Forces, set forth in the following table, confer upon the holder the rank specified opposite that appointment in the table:—
Rank. | Appointments. |
(I.) Warrant Officers. | |
Warrant Officer............. | See Regulation 195 (1). |
(II.) Non-commissioned Officers and Men. | |
Master Gunner, Class III. |
|
Quartermaster Sergeant | Brigade or Regimental Q.M. Sergeant Armament Q.M. Sergeant. Mechanist Q.M. Sergeant. |
Squadron, Battery, or Company Sergeant-Major | Squadron, Battery, or Company Sergeant-Major. Staff Sergeant Artificer. |
Squadron, Battery, or Company Q.M. Sergeant |
|
Sergeant.................. | Sergeant. Armourer Sergeant. |
Corporal.................. | Lance-Sergeant. |
Bombardier |
|
2nd Corporal |
|
Gunner, Driver, Sapper, or Private | Lance Corporal. Acting Bombardier. Assistant Armament Artificer. Saddler. Shoeing Smith. Wheeler. Trumpeter. Bugler. Drummer. |
Resignation, Removal, Reversion, Reduction.
Resignation of N.C.O.
197. Non-commissioned Officers may, with their Commanding Officer’s consent, resign their rank and revert to the rank or position they previously held, but, without the sanction of the District Commandant, they are not to be allowed to do so in order to escape trial by court martial. The written application of the Non-commissioned Officer and a certificate from the Commanding Officer, stating the cause of the resignation (together with the written authority of the District Commandant, if the case has been referred to him), is to be attached to the soldier’s record of service.
Removal from appointment.
198. For inefficiency or a cause other than an offence, a soldier may be removed from his appointment by order of his Commanding Officer, and will, in that case, revert to his permanent rank, remaining as a supernumerary in that rank until absorbed into the first vacancy. In cases where the soldier’s permanent rank is higher than that of corporal, the Commanding Officer will not exercise his power in this respect, but when necessary, will make application to the District Commandant for the soldier’s removal, with a view to his reduction to a lower rank
being at the same time considered. A bandsman will not be ordered by his Commanding Officer to revert to the rank of private except for misconduct or inefficiency.
Reversion of acting N.C.O
199. An acting Non-commissioned Officer can be ordered by his Commanding Officer to revert to his permanent rank. The permanent rank of a Lance-Sergeant is Corporal; that of a Lance-Corporal is Private; and that of an acting Bombardier is Gunner.
Reduction of N.C.O’s.
200. (1) For inefficiency a Commanding Officer may reduce a Non-commissioned Officer of the Militia Forces in rank, or to the ranks, provided that such reduction shall not take effect until approved by the District Commandant.
(2) A Non-commissioned Officer reduced to a lower rank will take rank and precedence in the lower rank from the date of the signing of the original sentence of the court martial, or, in the case of reduction by order of the District Commandant, from the date of such order.
Lance-Ranks.
Lance ranks, Establishment.
201. (1) The following proportion of Lance-Sergeants and Lance-Corporals may be appointed without pay, namely:—
Lance-Sergeants, 50 per cent. of establishment of Sergeants.
Lance-Corporals or Acting Bombardiers, 100 per cent. of establishment of Corporals.
(2) District Commandants may, in cases of well-ascertained necessity, sanction the appointment of a small number of unpaid Lance-Sergeants, Lance-Corporals, and Acting Bombardiers in excess of the above proportion.
DIVISION 5.—RANK ON RETIREMENT.
Honorary rank on retirement. W. and N.C.O.’s.
202. (1) Warrant and Non-commissioned Officers who are retired under Regulation 152, or who resign, provided that they—
(a) have completed 20 years’ service,
(b) have held the rank of Warrant or Non-commissioned Officer for not less than 10 years, and
(c) are in possession of the Long Service Medal,
may, on the recommendation of the District Commandant, and subject to the approval of the Military Board, be granted honorary rank on retirement as under, with the right to wear the uniform of their Corps, with the addition of the letter “R” on the shoulder straps:—
Warrant Officers (after 5 years’ service in that rank).—May be granted honorary rank of Lieutenant.
Warrant Officers (with less than 5 years’ service in that rank).—May be permitted to retain rank.
Staff Sergeants and Sergeants (after 5 years’ service in rank of Sergeant or Staff Sergeant).—May be granted honorary rank of Warrant Officer.
Staff Sergeants and Sergeants (with less than 5 years’ service in rank of Sergeant or Staff. Sergeant).—May be permitted to retain rank.
Non-commissioned Officers below the rank of Sergeant.—May be permitted to retain rank.
Other soldiers who have completed 20 years’ service, and are in possession of the Long Service Medal, may, on retirement under Regulation 152, or on resignation, be permitted by Commanding Officers to wear the uniform of their Corps, with the addition of the letter “R” on the shoulder straps.
(2) This Regulation will not apply to Warrant Officers, Non-commissioned Officers, and men who retired or resigned before the 1st January, 1905.
PART VII.—ORGANIZATION.
DIVISION 1.—MILITIA.
Territorial organization and title.
203. The units of Militia Forces will be organized on a territorial basis, and will officially be known by the name of the arm preceded by numbers, to be allotted in consecutive order, and followed by the name of the locality or other description approved by the Military Board.
Extra-territorial units.
204. (1) Extra-territorial units may be organized and trained at universities and other educational institutions, under section 128 of the Act, provided that, of the annual quota of students becoming liable for training in each year and found “fit,” not less than twenty elect to serve in such unit. Such units shall not form part of the organization for war, and the members thereof shall, on their own application, or on leaving the institution, or in time of war, be allotted to the units of the areas in which they reside, and they shall, on becoming members of such extra-territorial unit, notify the Area Officer of the area in which they reside, as in the case of transfers.
(2) At an educational institution at which a Senior Cadet detachment is established, the annual quota of students becoming liable for training in each year in the Militia Forces and found “fit” shall be allotted to an extra-territorial unit, or to an Infantry Battalion (either that of the area in which the institution is located, or that of the area in which such students reside, as arranged with the principal of the institution). With this unit of the Militia Forces they shall attend for continuous training, but they shall attend all other drills required by section 127 (c) of the Defence Act with the Senior Cadet detachment established in connexion with the institution, and a monthly record of such attendances shall be submitted by the principal of the institution to the Commanding Officer of the Militia Unit to which they are allotted.
Units form part of Brigade Area.
205. Units organized under sub-regulation (1) of Regulation 204 shall for purposes of discipline, training, and equipment, form part of the Brigade Area in which the institution is situated.
DIVISION 2.—BATTALION AND TRAINING AREAS.
206. (1) For the purpose of training, such portions of Australia as may be necessary shall be divided into “Battalion Areas” and “Training Areas.”
Area Maps.
(2) Maps showing the battalion and training areas contained in each Military District and the boundaries of such areas shall be as approved by the Military Board and issued by District Commandants.
PART VIII.—HONOURS AND SALUTES.
DIVISION 1.—GENERAL INSTRUCTIONS.
Honours and salutes on parade.
207. The honours and salutes to be given by troops on parade are as follows:—
(a) To the King.—On all occasions, Royal Salute. Standards and colours lowered, officers saluting, men presenting arms, bands playing the National Anthem through.
(b) To members of the Royal Family.—Same as paragraph (a), except that the bands will only play the first part (six bars) of the National Anthem.
(c) To Foreign Sovereigns; Presidents of those Republican States in which the Sovereign is represented by an Ambassador; and Members of Foreign Imperial and Royal Families.—Same as paragraphs (a) or (b) respectively, except that their own National Hymn will, when practicable, be played.
(d) To a Viceroy; and to a Governor-General, High Commissioner, Governor or Lieut.-Governor of a State, colony, protectorate, or possession abroad; or special Royal Commissioner, acting on behalf of the Sovereign, at State ceremonials such as the opening or closing the session of the Commonwealth or State Legislature.—Same as paragraph (a), except that the bands may only play the first part (six bars) of the National Anthem.
(e) To Field Marshals.—General Salute, same as paragraph (f), and regimental colours of all forces, to be lowered, except when a member of the Royal Family is present.
(f) To General Officers, District Commandants, and Inspecting Officers below the rank of General Officer.—General salute by the troops under their command; by mounted services with swords drawn, or as laid down in the Training Manual, officers saluting, and bands playing the first part of a slow march; by
dismounted services, officers saluting, men presenting arms, colours flying, bands playing the first part of a slow march, and drums beating; by corps not having bands, the trumpets or bugles sounding the salute, or the drums beating a ruffle.
(g) To Commanding Officers (if under the rank of General Officer) of Garrisons, Camps, or Stations.—Honours (not extending to a salute of guns) due to the rank one degree higher than that which they actually hold.
(h) To Standards, Guidons, and Colours—when uncased they are, at all times, to be saluted with the highest honours, viz., arms presented, trumpets or bugles sounding the salute, drums beating a ruffle.
National Anthem.
208. The National Anthem is not to be played in connexion with salutes on any occasion other than those mentioned in Regulation 207, and is only due to those personages who are entitled to a Royal Salute.
Governors of States
209 Governors of States who are also Naval or Military Officers are entitled in every respect to the honours due to their rank, as well as to their civil office.
Acting appointments.
210. Officers temporarily acting in any higher command are entitled, during their temporary tenure, to all the honours and salutes appertaining to such command.
Officers acting in civil office.
211. Officers temporarily acting in any civil office are entitled, during their temporary tenure, to all the honours or salutes that may appertain to such office.
Foreign officers.
212. The compliments directed by this part of these Regulations are to be paid to officers in the service of any Power in alliance with His Majesty, according to their respective ranks.
Saluting.
213. (1) Officers and soldiers passing troops with uncased colours salute the colours, and also the Commanding Officer (if senior).
(2) Officers, soldiers, and colours passing a funeral will salute the body.
(3) Armed parties in paying compliments on the march will be called to attention, infantry will slope arms, and the command “eyes right (or left)” will be given; mounted units will carry swords as laid down in the Training Manual.
(4) An officer commanding an armed party passing a guard, or paying or returning a compliment, will draw his sword before giving the necessary command. When in command of an unarmed party, he will return the salute with the right hand as he gives the command “Eyes right (or left).” Soldiers in command of parties will conform to the rules laid down for officers.
(5) All officers will salute their seniors before addressing them on duty or on parade; when in uniform they will salute with the right hand, in the manner prescribed for soldiers. Officers, except when their swords are drawn, are to return the salutes of junior officers and of soldiers. A salute made to two or more officers will be returned by the senior only.
Naval Officers.
214. Officers will salute those officers of the Royal Navy and Royal Australian Navy when in uniform who would be saluted by individuals of corresponding ranks in their own service.
H.M. ships.
215. Officers and soldiers boarding any of His Majesty’s ships will salute the quarter-deck.
Saluting officers.
216. Warrant officers, non-commissioned officers, and men of the Permanent Forces will salute all commissioned officers whom they know to be such, whether dressed in uniform or not, including officers of the Royal Navy, Royal Marines, His Majesty’s Army, and the Royal Australian Navy, and such warrant officers as have rank corresponding to that of commissioned officers in the Army. Warrant officers, non-commissioned officers and men of the Militia Forces, in uniform, will similarly salute all commissioned officers when in uniform. Warrant officers and non-commissioned officers when wearing swords will salute with the right hand, irrespectively of the side on which the officer saluted may be passing.
Warrant officers.
217. Non-commissioned officers and men will address warrant officers in the same manner as they do officers, but will not salute them.
Head-dresses in civil courts.
218. In a civil court an officer or soldier will remove his head-dress while the Judge or magistrate is present, except when the officer or soldier is on duty under arms with a party or escort inside the court.
DIVISION 2—OFFICIAL VISITS.
Official visits between Navy and Army.
219. The following rules are to be observed for the interchange of official visits between Naval and Military Officers at stations where there is a military garrison:—
(a) On the arrival of a British or foreign vessel of war an officer is to be sent on board to arrange with the Naval Officer in command as to the exchange of visits.
(b) The District Commandant or other officer commanding is to call first on any Naval Officer (British or foreign) senior to him, as soon as practicable after arrival, or await his visit if he be junior. The visit is to be returned within 24 hours.
(c) The visit of a Naval Officer below the rank of Captain is to be returned by the Aide-de-camp or some other Staff Officer on behalf of the District Commandant or other Commanding Officer.
(d) The Commandant of the District in which Head Quarters are situated before taking action in paragraphs (a) and (b) of this Regulation will consult with the Adjutant-General.
DIVISION 3—GUARDS OF HONOUR.
Guards of honour of 50 rank and file.
220. (1) A Guard of Honour, as a general rule, of fifty rank and file, with a Captain in command, two Subaltern Officers (one carrying the standard of Light Horse, or the King’s colour of Infantry), a proportion of Sergeants, and a Regimental Band, will attend:—
(a) Upon the King and other Royal personages; and upon Presidents of those Republican States in which the Sovereign is represented by an Ambassador.
(b) At State ceremonials:
(2) Similar Guards of Honour but with the regimental colour, will attend upon the Governor-General, Governor, and officers administering the Governments of His Majesty’s possessions, and such occasions as are customary within the Governments. (Guards of Honour will not be detailed when the Governor-General, Governors, and officers administering the Government are returning after leave of absence, the duration of which has not exceeded three months; nor when they are merely arriving at, or departing to or from, one or other of the ports within their Government; nor on merely changing their residence.)
Guards of honour of 30 rank and file.
221. A Guard of Honour, of 30 rank and file, with two officers, one carrying the regimental colour, and a band, will attend:—
(a) When a Foreign General or Flag Officer lands at a military station, within His Majesty’s dominions, to visit the Governor-General, the Governor, Military Board, or District Commandant.
(b) To receive distinguished personages other than those mentioned in Regulation 220, or on occasions not specified in Regulation 207, if it is deemed expedient.
(c) At the port where the Naval Commander-in-Chief of the Australian Station lands for the first time within the Commonwealth, and on each occasion on which he receives an artillery salute on paying an official visit to the Governor-General.
Voluntary guards of honour.
222. Voluntary Guards of Honour as in Regulation 221 may be furnished for the Governor-General or the Governor of a State when visiting cities or towns in the Commonwealth on other than State occasions, and provided that troops are available without expense.
Mounted escorts.
223. (1) Mounted Escorts will attend if ordered when Guards of Honour are furnished, as provided for in Regulation 220. The strength of the escort for the Governor-General will be 1 officer, 1 sergeant-major, 1 trumpeter, 20 rank and file; and for the State Governors 1 officer, 1 sergeant, 1 trumpeter, 12 rank and file.
(2) Voluntary escorts may be furnished as in Regulation 222.
(3) When mounted units in a locality are unable to provide escorts application should he made by the District Commandant to the State authorities for a police escort.
DIVISION 4.—FLAG STATIONS AND FLAGS TO BE FLOWN.
Flag and flag stations.
224. Where two flags are issued, the smaller is for use in bad weather
Flag Stations. | Australian Ensign. |
| |
12 feet x 6 feet. | 6 feet x 3 feet. |
| |
1st Military District. |
|
| |
Victoria Barracks, Brisbane.................. | I †‡ | I * | |
Barracks, Thursday Island................... | I†‡ | I†‡ | |
2nd Military District. |
|
| |
Victoria Barracks, Sydney................... | I†‡ | I* | |
Saluting Battery, Sydney.................... | I† | I† | |
Middle Head Port........................ | I‡ | I‡ | |
Fort Scratchley, Newcastle.................. | I‡ | I‡ | |
3rd Military District. |
|
| |
Victoria Barracks, Melbourne................ | I†‡ | I* | |
Queenscliff Fort......................... | I‡ | I‡ | |
Gellibrand Fort.......................... | ... | I† | |
4th Military District. |
|
| |
Keswick Barracks, Adelaide................. | I†‡ | I* | |
Fort Largs............................. | I‡ | I‡ | |
5th Military District. |
|
| |
District Head-Quarters, Perth................. | I†‡ | I* | |
Barracks, Albany......................... | I‡ | I‡ | |
Barracks, Fremantle....................... | I‡ | I‡ | |
6th Military District. |
|
| |
Anglesea Barracks Hobart................... | I†‡ | I* | |
Saluting Battery, Hobart.................... | ... | I†‡ | |
Royal Military College..................... | I†‡ | I* | |
† On anniversaries, State occasions and when required for saluting or other special purposes. ‡ On Sundays and anniversaries. * Daily, except Sundays.
DIVISION 5.—SALUTING STATIONS.
Stations for firing salutes.
225. The following is a list of stations at which salutes are authorized to be fired:—
Military District. | Salutes to Foreign Men-of-War. | Other Salutes. |
1st | Queen’s Park, Brisbane............ Barrack square, Thursday Island | Queen’s Park, Brisbane Barrack Square, Thursday Island |
2nd | South Head, Sydney............... | Government Domain, Sydney |
3rd | Fort Gellibrand, Williamstown........ | Government Domain, Melbourne |
4th | Fort Largs..................... | Parade Ground, Adelaide |
5th | Artillery Barracks, Fremantle......... | Esplanade, near Law Courts Perth |
6th | Queen’s Battery, Hobart............ | Queen’s Battery, Hobart |
DIVISION 6.—ARTILLERY SALUTES.
Artillery salutes.
226. The forts and batteries referred to in Regulation 225 will fire salutes as follows:—
No. of guns, 21—
Royal Salute—
(1) The Sovereign; a member of the Royal Family; a Foreign Crowned Head; Sovereign Prince or his Consort; a Prince who is a member of a Foreign Royal Family; President of a Republican State.
(Salutes will be fired both on arrival and departure.)
(2) The Standard of the Sovereign, or Prince of Wales, when passing in a vessel.
(3) Anniversaries—Birthday (as notified in the Gazette), Accession, Coronation of Sovereign, Birthday of Consort of Sovereign, Birthday of the Queen Mother and Empire Day.
(These salutes will be fired at noon.)
No. of guns, 19—
(1) The Governor-General.
(2) The opening, proroguing, and dissolving Parliament of the Commonwealth or a State.
(3) Other occasions, as directed by the Governor-General.
(4) *‡Admirals of the Fleet.
No. of guns, 17—
Governors of His Majesty’s Colonies or States (Regulation 228).
*‡ Admirals.
No. of guns, 15—
*‡Vice-Admirals.
Lieutenant-Governors and officers administering the Government of Colonies or States, and Administrators acting under the Governor-General (Regulation 228).
No. of guns, 13—
*‡Rear-Admirals.
No. of guns, 11—
*‡Commodores (no senior Captain being present).
‡Consuls-General.
No. of guns, 7—
†Consuls.
*The salutes will not be repeated oftener than once in twelve months, except in case of advance of rank when the scale for the new rank is granted. The salutes being personal, will not be returned.
† On going on board or leaving one of His Majesty’s ships; but this is only to be done when within the State to which they are accredited, and only once in twelve months from the same ship to the same person.
‡ 1. The salute to be fired on the landing of the Naval Commander-in-Chief for the first time will be given on the occasion of his landing to pay his first official visit to the Governor-General.
2. The salute to which the Naval Commander-in-Chief is entitled after the expiration of twelve months from the first salute or on promotion will, in the same manner, be fired on the occasion of an official visit to the Governor-General.
3. No salute will be fired on any other occasion of the Naval Commander-in-Chief landing within the limits of the Commonwealth.
Salutes for distinguished foreigners.
227. A foreigner of high distinction or a foreign general or a flag officer when visiting the Governor-General, a Governor, the Military Board, or the District Commandant (see Regulation 221), may, on landing, be saluted with the number of guns which from his rank he is entitled to receive from a ship of war of his own nation, or with such number not exceeding 19, as may be deemed proper; but such salute will not in any case exceed the number of guns given to officers of corresponding rank in His Majesty’s army and navy.
Governor-General, State Governors, and Lieut.-Governors.
228. The Governor-General, State Governors, and officers administering the Government will be saluted on the following occasions. They will not receive artillery salutes on any other occasions:—
(a) On first landing in their governments.
(b) On reading of Royal Commission and taking the oaths of office.
(c) On departing from their governments on leave of absence exceeding three months.
(d) On returning from leave of absence exceeding three months.
(e) On finally quitting the Commonwealth, or a State, as the case may be, on expiration of term of office.
(f) When officially visiting States, ports, and dependencies within their governments, but not oftener at any one place than once in 12 months.
Foreign men-of-war.
229. All salutes from ships of war of other nations to His Majesty’s forts or batteries named in Regulation 225 are to be returned gun for gun. His Majesty’s ships and His Majesty’s forts will not, on any account, exchange salutes.
No person to be saluted in more than one capacity.
230. Such of the authorities mentioned in the foregoing instructions as may, from their rank and appointments, be entitled to be saluted in more than one capacity, will be saluted under that rank which shall entitle them to the greatest number of guns, but on no occasion is the same individual to be saluted in more than one capacity.
Foreign Sovereigns and national festivals.
231. Upon the occasion of the celebration of the birthday of the King or Queen of a foreign nation or other important national festivals or ceremonies by any ships of war of such nation, a salute not exceeding 21 guns may be fired in conjunction with any of His Majesty’s ships that may be present, on official intimation of the intended celebration being received from the Governor-General.
Salutes in honour of great victories or on special occasions.
232. No salutes other than those authorized by these Regulations are to be allowed, except such as may be necessary for the fulfilment of any treaty obligation; provided that, upon any important occurrence, such as a great victory gained by His Majesty’s arms, or highly advantageous national event, the Governor-General may direct such salutes to be fired as the occasion may seem to him to require.
Saluting hours
233. As a rule, no salutes will be fired before 8 o’clock in the morning nor after sundown, nor during the usual hours for divine service on Sundays. The same principle will apply to guards of honour and official receptions. In exceptional cases the course to be pursued will be determined by the Governor-General.
DIVISION 7.—SALUTES IN BOATS.
Boats saluting.
234. The following are the rules for saluting to be observed in military boats:—
(a) When an officer is in the boat—
Rank. | When Passing. | Under Oars. | Meeting at Landing Place or alongside Ship. | |
Field Officers | Admiral or General..... | “Lay on Oars,” Officer salutes | Crew “Eyes Front,” Officer and coxswain salute | |
Field officers... | Other naval and military officers, if senior | Officer salutes | Officer salutes | |
Officers below rank of Field officer | Admiral or General..... | “Toss Oars,” Officer salutes | Crew “Eyes Front,” Officer and coxswain salute | |
Officers below rank of Field officer | Commodore Captain | Colonel Lieut.-Colonel | “Lay on Oars,” Officer salutes | Crew, “Eyes Front,” Officer and coxswain salute |
Officers below rank of Field officer | Other officers of either Service whom they know to be senior | Officer salutes... | Officer salutes | |
(b) When no officer is in the boat—
When Passing. | Under Oars. | Meeting at Landing Place or alongside Ship. | |
Admiral Commodore Captain | General Officer Colonel Lieut.-Colonel | “Toss oars,” coxswain salutes | Crew “Eyes Front,” coxswain salutes |
All other officers............. | “Lay on Oars,” coxswain salutes | Crew “Eyes Front,” coxswain salutes” | |
Note.—In boats fitted with crutches, oars are never to be tossed, but the salute should be given by laying on oars.
(c) In steam-boats, engines are to be stopped in those cases in which, in pulling boats, oars are tossed; engines are to be eased in those cases in which pulling boats “lay on” oars.
(d) Laden boats, or those towing or in tow, are not to toss or lay on their oars.
(e) Coxswains of boats under oars or sails when an officer is in charge, only salute at landing places.
(f) Salutes in boats, under oars or sails, are to be made sitting down; in other cases standing up.
(g) Boats laying off on their oars are to salute as above, but the bowmen will salute as well as the coxswain.
(h) Boat-keepers salute standing up in the ordinary manner.
(i) For a Royal salute the crew toss oars and stand up (in double-banked boats only).
(j) When a general officer is saluted with guns, he will, on the first gun being fired, if in a steam-boat, stop the engines, or, if in a pulling boat, “lay on oars,” and on the last gun being fired will turn towards the ship and salute.
DIVISION 8.—FLAGS IN VESSELS AND BOATS.
Union Jack.
235. The Union Jack, being the distinguishing flag of the Admiral of the fleet only, is not to be flown on military boats and vessels.
Blue Ensign.
236. Defence Department vessels and boats are to carry the blue ensign of the Commonwealth.
Special Union Jack.
237. A special Union Jack bearing in its centre as a distinguishing mark the Royal cypher surrounded by a garland and a blue shield and surmounted by a crown, is to be flown by members of the Military Board and District Commandants when embarked in boats or vessels on duty.
DIVISION 9.—MILITARY FUNERALS.
When to be ordered.
238. Military funerals will not be ordered without special authority, unless troops are stationed within reasonable distance of the burial ground. Gun carriage and other appliances will be supplied when available.
Officers when entitled to.
239. Officers are not to be interred with military honours unless they are, at the time of their decease, on full pay, or employed on the Staff, or in the exercise of some military command or office. No honours are to be paid officially at the funerals of other officers, or of retired soldiers.
Salutes and firing parties.
240. Military funerals will be accorded to officers and soldiers buried within the district or station occupied by the troops with which they are serving at the time of their death. Provided the garrison in such district or station is sufficient, military funerals are to be saluted and attended in accordance with the following table:—
Rank, or Corresponding Rank | Salute of Guns. | Rounds of Small Arms. | Troops to attend with due Proportion of Officers. | ||
Lieut.-General....... | 15 | .. | 3 Battalions and 4 Squadrons | ||
Major-General....... | 13 | .. | 2 „ „ 3 „ | ||
Brigadier-General.... | 11* | .. | 1 „ „ 2 „ | ||
Colonel Commanding.. | .. |
|
| His own regiment or detachments equivalent thereto | |
Lieut.-Colonel....... | .. | 300 rank and file | |||
Major............ | .. | His own company or 200 rank and file. | |||
Captain........... | .. | 100 rank and file. | |||
Lieutenant, or 2nd Lieutenant | .. | 40 rank and file, under a lieutenant or 2nd lieutenant | |||
Warrant Officer...... | .. | 25 rank and file, under a sergeant | |||
Sergeant........... | .. | 19 „ „ „ „ | |||
All other grades...... | .. | 13 „ „ „ | |||
* Only when commissioned as Brigadier-General
Minute guns.
241. At the funerals of general and flag officers, or of commodores and brigadier-generals dying upon service, minute guns are to be fired while the body is proceeding to the burial ground, but these minute guns are not to exceed the number to which the officer’s rank entitled him when living. When any such officers who have died when afloat are to be buried on shore, minute guns are to be fired from the ship, if a ship of war, while the body is being conveyed to the shore, and, where the means exist, minute guns will be fired from the shore while the procession is moving from the landing-place to the burial ground. The total minute guns so fired must not exceed twice the number of guns to which the deceased was entitled when living.
Salute after interment.
242. The salute of guns prescribed by Regulation 240, or, in the case of flag officers and commodores, a salute of the number of guns to which the deceased was entitled when living, will be fired after the body is deposited in the grave.
Pall-bearers.
243. The pall is to be supported by officers of the same rank as that held by the deceased, but if a sufficient number of that rank cannot be obtained, officers next in seniority are to supply their places.
Staff and departmental officers.
244. Honours paid at the funerals of Staff and Departmental Officers are to be regulated according to the ranks, or corresponding ranks, as the case may be.
Parties to attend funerals.
245. In addition to the firing parties, the funeral of an officer will be attended by the officers that of a warrant officer by the warrant officers, that of a sergeant by the sergeants, and that of a corporal by the corporals, of the corps to which the deceased belonged or was attached. The funeral of a non-commissioned officer or private will be attended by the squadron, troop, battery, or company (officers included) to which he belonged, or was attached.
DIVISION 10—SALUTES AT CIVIL FUNERALS AND TO REMAINS OF DISTINGUISHED FOREIGNERS.
Salutes at funerals of civil functionaries.
246. Upon the authority of the Governor-General at the funerals of civil functionaries the same number of guns will be fired as minute guns, while the procession is going to the burial ground, as they were entitled to as salutes when living. Civil functionaries not entitled to salutes of cannon when living are not to have guns fired at their funerals.
Salute to remains of distinguished foreigners.
247. Should a vessel carrying the remains of any foreigner of high distinction, foreign general, or foreign flag officer, arrive during saluting hours at any of the authorized saluting stations (Regulation 225), the same number of minute guns will be fired on its arrival as the deceased was entitled to under Regulation 226 when living.
PART IX.—DUTIES OF VARIOUS OFFICERS AND W. AND N.C. OFFICERS.
DIVISION 1.—DISTRICT COMMANDANTS AND COMMANDING OFFICERS.
Duties of D.C.
248. District Commandants, subject to the administrative control of the Military Board, will exercise command over the Military Forces of their districts, and will be responsible for:—
(a) The discipline, training, and efficiency for service of the troops, also efficiency of forts and armament, buildings, works, stores, materiel, and equipment.
(b) Administration by the District Staff and Units.
(c) Recommending fit and proper persons for appointments to commissions.
(d) The enforcement of due economy by all officers and others charged with the expenditure of money, or the use or expenditure of stores.
Reports of riots, &c.
249. District Commandants will immediately report all cases in which troops have been engaged in riots or disturbances, either among themselves, or when civilians have been concerned, and will further report the result of their inquiries into the circumstances.
Revision of defence schemes.
250. District Commandants will revise annually the schemes for the defence of the fortresses or defended ports under their command, and will render to the Military Board on the 1st of January, a report that this has been done, together with copies of their revised schemes, and this report shall be submitted for the consideration of the Military Board.
Scope of revision.
251. Schemes of defence are to deal only with the men and materiel actually available, or that can be made available on emergency, and the annual revision will represent the plan on which the District Commandant would defend the place with the existing resources. This is not to preclude a District Commandant from making any recommendation in connexion with the defences under his command which he considers desirable, but such recommendation should be submitted separately.
Proposed changes in armaments or defences.
Naval advice.
252. When making recommendations for new armaments or defences or for changes in existing ones, the report of the District Commandant will be accompanied by illustrative plans, and if the proposals in any way affect seaward defences, the District Commandant will communicate with the Senior Naval Officer at the station, with a view to a naval officer being detailed to assist with his advice on the naval aspect of the questions involved.
Organization peace.
253. The District Commandant will assimilate, as far as lies in his power, the peace organization of his command to that which, under his scheme of defence, he would put into force in war.
Annual inspections.
254. District Commandants (or officers representing them) will inspect annually each of the units of all branches of the service under their command.
Personal report of D.C. on unit.
255. The annual inspection will be so supplemented by subsequent visits as to enable the District Commandant to report, as far as possible, on each squadron, battery, and company from his own personal knowledge of their efficiency.
Method of inspection.
256. The inspection will be divided into three portions:—
(a) In the field.
(b) In quarters or camp.
(c) In special subjects i.e., subjects not common to the three arms, to be held when convenient.
Efficiency of corps to be tested.
257. The inspection of a unit as a whole in the field and in quarters will be directed to testing not only the efficiency and capacity for command of the Commanding Officer, but the general readiness for war of the unit as regards training, discipline, and interior economy.
Officers to be tested.
258. The inspection of a squadron, battery, and company in the subjects above-mentioned will be directed towards testing the capacity of the individual officers, section leaders, and non-commissioned officers generally, to act as instructors and leaders, as well as of the efficiency and readiness for war attained by the rank and file of their respective commands.
Staff to accompany D.C.
259. As a rule, District Commandants will not be accompanied by more than one Staff Officer on their tours of inspection.
Complaints.
260. If officers or soldiers should desire to bring their grievances to the notice of an Inspecting Officer, they are to be afforded an opportunity of doing so.
Orders issued by Inspecting Officer.
261. Whenever the Inspecting Officer has occasion to mention in his report any defects or irregularities, he will also state the orders he has given with a view to their rectification. He is also to state in his report in what manner, and with what effect, the orders issued at the previous inspection have been obeyed.
Confidential reports.
262. Commandants and Heads of Departments at Headquarters will forward to the Adjutant-General at Headquarters not later than the 1st July each year a confidential report on the authorized form on each officer of the Permanent Forces serving in their respective commands or departments.
Reports—how dealt With.
263. (1) The report will be made out in the first instance by the Commanding Officer or other immediate superior of the officer reported on, and will be forwarded by him for the remarks of the Senior Authorities and finally of the District Commandant.
(2) As soon as the opinion of the District Commandant has been entered, the report, whether adverse or favorable, will be returned to the officer commanding (or other immediate superior) for communication to the officer concerned, who will initial the report at the place assigned for the purpose, to show that he has seen it.
(3) If for any reason it is not possible to communicate it personally to the officer reported on, a certified copy of the report will be sent to him and a certificate to that effect entered on the report by the Commanding Officer (or other immediate superior officer).
(4) The copy will be returned by the officer after perusal and will then be destroyed.
(5) After communication, the reports will be forwarded, through the usual channel, to the Adjutant-General at Headquarters, as provided in Regulation 262.
Consideration of reports.
264. Due weight will be given by the Military Board to reports whether adverse or favorable, or partly adverse and partly favorable, in considering the officer’s fitness for his present appointment or for other employment, or for future promotion.
Confidential reports—When rendered.
265. (1) Except when otherwise specially directed, confidential reports on the authorized form on officers of the Militia Forces, will be rendered by Commanding Officers only in those cases in which such officers are not considered by them in all respects fit for their positions and for promotion to higher ones.
(2) The procedure with regard to the rendering of these reports and communication to the officers reported on will be as laid down in Regulations 262–265 as for officers of the Permanent Forces.
Communication of adverse reports.
266. (1) Any adverse report concerning an officer other than that made in the annual report, or that referred to in Regulation 265 which are already provided for, is to be communicated to the officer concerned, and a certificate that this has been done recorded on the report.
(2) Any officer who in the course of his duty or inspection finds it necessary to record an adverse report or comment concerning an officer, will be held responsible that such report or comment is communicated to the officer concerned with all reasonable despatch, and that the officer initials same.
DIVISION 2.—DISTRICT STAFF, MEDICAL, AND DEPARTMENTAL OFFICERS.
Officers of the District Staff.
267. (1) The co-ordination of training with command and administration devolves on District Commandants.
(2) The duties of the several branches of the Districts Staffs are to be grouped to correspond to the duties of the Departments of the Military Board as far as possible.
(3) The duties of the officers of the District Head-quarters Staffs will be as follows:—
General Staff Branch.
(a) Schemes of Defence in the Command.
(b) Organization for War.
(c) Training and Instruction of the Troops.
(d) Education and Examination of Officers.
(e) Staff Tours.
(f) Preparation and execution of schemes for concentrations.
(g) Manœuvres and Field Operations, and promulgation of Operation Orders.
(h) Intelligence Duties.
(i) Officers’ Libraries.
(k) Musketry.
(l) Recruit Training.
Adjutant-General’s Branch.
(a) Peace Establishments.§
(b) Peace Organization.||
(c) Distribution of Units.
(d) Mobilization of personnel.
(e) Recruiting the Military Forces.
(f) Maintenance of Establishment of Officers and soldiers—Casualties.
(g) Services of soldiers, promotions, exchanges, transfers, and discharges.
(h) Medals, decorations.
(i) Discipline.
(k) Military Law and Police.
(l) Interior Economy, cooking, bands.
(m) Administrative arrangements in connexion with the schools and courses of instruction, and entrance and promotion examinations.
(n) Education and examination of soldiers.
(o) Appointment, promotion, retirement, posting, exchange, and transfer of Officers.
(p) Administration of A. and I. Staff.
(q) Administration of Military Clerks.
(r) Miscellaneous personal questions.
(s) Ceremonial.
(t) Medical Services. Sanitation.
(u) Administration of—
Rifle Clubs.
Reserves.
Cadets.
Chaplains.
Quartermaster-General’s Branch.
(a) Patterns of dress and equipment, and preparation of Dress and Equipment Regulations.
(b) Tables of Equipment.
(c) Scales of clothing and equipment to be held by Troops.
(d) Scales, and issue of food, forage, fuel, light, and water.
(e) Appropriation and occupation of military buildings and offices.
(f) Barrack services.
(g) Mobilization of materiel and horses.
(h) Transport, including technical instruction, and duties A.S.C. and Veterinary Department.
(i) Arrangements in connexion with moves and routes.
(k) Contracts for or purchase of food, forage, fuel, light, and water, excepting water supplied for camps and bivouacs.
(l) Contracts for purchase of clothing, arms, ammunition, and equipment.
(m) Inspection during manufacure of clothing and equipment.
(n) Holding and issuing military stores.
§ Based on War Establishments. || Based on War Organization.
Distribution of duties when less staff officers.
(4) The District Staff duties corresponding to those of the Chief of Ordnance will be carried out by the Staff Officers of Artillery, Engineers, and Works, respectively; and the duties of the District Paymaster will correspond to those laid down for the Finance Member.
268. When the number of Staff Officers in a District is less than the number of the groups enumerated in Regulation 267, Staff Officers may be detailed by Commandants to perform the duties of two or more groups.
Distribution of duties.
269. (1) The duties of the following appointments allotted to each District will be carried out as follows:—
Staff Officer, Garrison Artillery—By the Officer Commanding Royal Australian Garrison Artillery, in the District, or other officer appointed by the Military Board.
Staff Officer, Field Artillery—By the Officer Commanding Royal Australian Field Artillery, in the District, or other officer appointed by the Military Board.
Staff Officer for Engineer Services—By the Officer Commanding Royal Australian Engineers, or other officer to be detailed.
Senior Ordnance Officer—By the officer in charge of Ordnance Store Department, or other officer to be detailed.
Principal Medical Officer—By the Senior or other Medical Officer, as may be detailed.
Principal Veterinary Officer—By the Senior or other Veterinary Officer, as may be detailed.
Staff Officer for Veterinary Services—By the Senior or other Officer of the Army Veterinary Corps (Permanent), as may be detailed.
(2) Officers performing their regimental or departmental duties concurrently with their staff duties are not required to provide themselves with staff uniform.
Arrangement of orders.
270. (1) Orders, other than those issued at manœuvres or in the field, will be arranged in two classes, viz.:—
General Staff Orders.
Orders relating to administration.
(a) The orders comprised under each class will be divided into numbered paragraphs, each dealing with a separate subject, but the numbering for both classes combined will be consecutive throughout the year. Each order will be prepared by the Staff Officer or head of the service or department concerned.
(b) Orders will, as a rule, be embodied under one heading containing the name of the officer issuing the orders, the command to which the orders refer, and the date and place of issue, e.g.—
Australian Military Forces, 1st Military District.
District Order No........
by
Colonel ............, Commandant.
Victoria Barracks, Brisbane,
8th September, 1915.
C.9801.—C
(c) General Staff Orders will be signed by the Senior General Staff Officer, or, in his absence, by the next senior or by a Staff Officer whom for the time being the Commandant may empower to sign General Staff Orders.
Orders relating to administration will be signed by the Senior Administrative Staff Officer, or, in his absence, by the Senior Staff Officer present belonging to either the Adjutant-General’s or the Quartermaster-General’s Department.
A Staff Officer signing orders will add to his signature his rank and the title of the appointment which he holds on the staff, except that in the case of a staff officer not belonging to the General Staff, but temporarily authorized to sign general staff orders, he will append to his signature his rank and the words “for General Staff Officer,” and in the case of a Staff Officer signing orders relative to administration on behalf of the Senior Administrative Staff Officer he will append to his signature his rank and the words “for A.A.G.” or “for A.Q.M.G.”, as the case may be. Thus—
———————Lieut.-Colonel,
General Staff.
———————Major.
for General Staff Officer.
———————Lieut.-Colonel
Assistant Adjutant-General (or Quartermaster-General).
———————Major,
for Assistant Adjutant-General (or Quartermaster-General).
(2) The above instructions do not apply to orders issued under service conditions, i.e., on manœuvres and staff tours, when the instructions contained in Field Service Regulations, Part I., Operations, and Part II., Organization and Administration, will be followed.
Orders issued by officer administering command.
271. When an officer is appointed to administer the functions of a command under Regulation 25 during the temporary absence of the Commandant, the orders issued by him are to be headed—
“District Order No. ——— by Lieut.-Colonel
Administering Command Military
District, during the absence of the Commandant.”
DIVISION 3.—ARTILLERY AND ENGINEERS.
Duties of C.O.’s of artillery.
272. The following special duties and responsibilities devolve upon the respective Commanding Officers of Artillery and Engineer Corps in districts or stations:—
(a) The Staff Officer for the Garrison Artillery in each District is responsible to the District Commandant for the care and preservation in a state of efficiency of all artillery materiel on charge for the fixed defences armaments in the Districts and for the proper instruction of the Militia Garrison Artillery in the District.
He will put forward, in the prescribed manner, requisitions for keeping the armament and stores up to the authorized establishment.
He will act generally as the Artillery Adviser to the District Commandant for all matters in connexion with the Garrison Artillery in the District.
(b) The Staff Officer for the Field Artillery in each District is responsible to the District Commandant for the care and preservation in a state of efficiency of all the artillery materiel on charge for the Field Artillery in the District, and for the proper instruction of the Militia Field Artillery in the District.
He will put forward, in the prescribed manner, requisitions for keeping the armament and stores up to the authorized proportions.
He will act generally as the Artillery Adviser to the District Commandant for all matters in connexion with the Field Artillery in the District.
Duties of Engineer Officers.
273. The engineer duties in each district are divided into—
(a) Duties in connexion with the administration of Engineer Services.
(b) Corps or Regimental duties.
(c) Under the instructions of the District Commandant the Staff Officer for Engineer Services supervises and controls the Engineer Services, as laid down in the Regulations for Engineer Services.
(d) He is responsible for arrangements for the construction and maintenance of fortifications, buildings, military steamers, and boats; artillery practice ranges and rifle ranges other than rifle club ranges; provision and maintenance of water supply at camps and bivouacs; questions relating to the acquisition, maintenance, leasing, or letting of lands and buildings other than sites for rifle club ranges; supply and record of telephones, furniture and fittings; and, in conjunction with the Q.M.G.’s Department, water supply, lighting, and sanitary services.
(e) He inspects all works and buildings, both existing and in progress. He is responsible for the care and due preservation of all stores in his charge. He affords assistance in instructing troops in the construction of field works, and in such other military engineering operations as may be directed, and will be responsible to the District Commandant for the effective distribution, inspection, and general administration of the units of engineers.
274. Staff Officers for Artillery and Engineer Services will act as advisers of the District Commandant on all technical matters connected with the Artillery Armament and with the Engineer Services respectively.
DIVISION 4.—OFFICERS APPOINTED TO COMMAND BRIGADES.
Duties of Officers Commanding Brigades.
275. (1) An officer commanding a brigade is responsible to the District Commandant for the combined training of the units comprising his brigade.
(2) He will submit recommendations to the District Commandant for promotion of all officers under his command to ranks above the rank of Captain.
(3) He will exercise the functions of command during the annual continuous training and at such special parades as may be approved by the Commandant when two or more units of his command are being trained together.
DIVISION 5.—OFFICERS IN COMMAND OF FORTRESSES AND DEFENDED PORTS.
Duties of Officers Commanding fortresses.
276. (1) In peace time an officer in command of a fortress or a defended port will be responsible for the combined training of the units allotted to the fortress or defended port.
(2) He will exercise the function of command during the annual continuous training and at the special parades in each year which he may order, and may be approved by the District Commandant; he is also charged with all the necessary preparations therefor.
(3) He will recommend the promotion to field rank of citizen officers in his command.
(4) An officer in command of a fortress or of a defended port shall not be responsible for the supply and efficiency of stores and materiel.
DIVISION 6.—COMMANDING OFFICERS.
Responsibility of Commanding Officers.
277. A Commanding Officer is responsible for the maintenance of discipline, efficiency, and proper system in the unit under his command. He will, by advice and by timely interference, endeavour to promote a good understanding and to prevent disputes.
Duties, equipment, &c.
278. Commanding Officers will supervise and control all duties performed by officers and others under their command, and will be held accountable for public equipment and stores, of whatever description, appertaining to their corps or establishments.
Arms, &c.
279. Commanding Officers will be responsible for the condition of the arms in their charge, and for their periodical inspection and repair.
Supplies.
280. Commanding Officers are responsible for the correct receipt and issue of all supplies, and for daily issues being inspected and weighed in the presence of an officer, to insure the men and horses receiving the quality and full weight to which they are entitled.
Promulgation of orders.
281. Commanding Officers are to cause every order issued for general information and guidance, either to be republished in regimental orders, or otherwise circulated to all in the unit whom it may concern.
Regimental funds.
282. Commanding Officers are responsible for the proper application of all regimental funds, and will supervise and control the committees formed for their management.
Officers in temporary command.
283. Officers in temporary command of units will not issue any standing orders, nor alter those which are at the time in force, or authorize the application of regimental funds to any purpose other than the ordinary current expenditure,
without reference either to the permanent Commanding Officer, or to the District Commandant. On the other hand, an officer while absent from, and not in the exercise of, his command cannot issue regimental or other orders relating to such command.
C.O. to train his officers.
284. Commanding Officers are responsible for the theoretical and practical training of their officers in professional duties, and for their being qualified for promotion. They will instruct the officers, particularly the subalterns, in the following subjects:—regimental duties; drill; military law; duties in the field. They will also see that officers commanding squadrons, batteries, and companies instruct the officers under them in these subjects.
Practical instruction by C.O. in the field.
285. Commanding Officers will thoroughly instruct and practise their officers in field duties. They will, as often as possible, direct field officers and captains to take command on parade, and to exercise the unit. They will encourage subaltern officers to qualify for the duties of adjutant, both in the field and in the orderly room, and will afford them every facility for so doing.
Schemes, lectures, &c.
286. There are few places where the ground is not suitable for some movement of troops, or where officers cannot be exercised in working out tactical schemes. Such schemes afford a most valuable means of instruction. It is most desirable to give all ranks plenty of healthy occupation, and this is easily combined with professional instruction. If the climate restricts out-door instruction, lectures, catechisms, and schemes must be substituted.
Efficiency and conduct of officers to be reported.
287. It is the duty of a Commanding Officer to bring especially to the notice of the inspecting officer, without favour or partiality, any officers who may be distinguished for proficiency in their duties, who have best instructed their recruits, or shown most proficiency at the field training of their companies, &c. He will also bring to notice those who, from incapacity or habitual inattention, are deficient in a knowledge of their duties, or do not afford him that support which he has a right to expect from them, or conduct themselves in a manner injurious to the efficiency or credit of the corps.
DIVISION 7.—REGIMENTAL OFFICERS OTHER THAN COMMANDING OFFICERS.
Senior officers.
288. Field officers will make themselves thoroughly acquainted with the professional abilities and acquirements of all officers placed under their supervision, and officers commanding companies, &c., will acquire similar knowledge with regard to their subalterns, who ought at all times to look to them for information and advice.
Officers commanding companies, &c.
289. Every officer commanding a company, &c., whether temporarily or otherwise, is charged with the equipment, ammunition, clothing, and public stores appertaining thereto, and is accountable for them to his Commanding Officer. He is responsible for the men’s messes and necessaries being properly provided. He will pay attention to the cleanliness of the men, as well as to that of their clothing, arms, accoutrements, barracks, or quarters. He is bound to take charge of, and is
responsible for, all money received on account of his company; &c. He will take special care that such money is expended in strict conformity with the Regulations, and with a due regard to the interests of his men. Non-commissioned officers are not to be subjected to the risk of loss by having public money placed in their hands.
Proficiency of officers.
290 Every officer who has been two years in the service is expected to be capable of commanding and exercising a squadron, battery, or company in every situation, and to be perfectly acquainted with its interior management, economy, and discipline; and if he has been two years in command of the same, to be competent in every respect to undertake the duties of a field officer.
DIVISION 8.—BRIGADE AND REGIMENTAL STAFFS OF MILITIA.
Militia Staffs
291. Brigade and Regimental Staffs are composed of Officers, Warrant Officers, and Non-commissioned Officers, in accordance with the authorized establishments as promulgated from time-to time in Military Orders. The Militia Officers and Non-commissioned Officers selected will carry out, within at least the limit of time for which they receive pay, all those administrative duties which fall to the lot of a Brigade or Regimental Staff. The Officers, Warrant Officers, and Non-commissioned Officers of Militia, comprising the Brigade and Regimental Staffs, will perform, as far as they are able to do so, the important duties allotted to their respective appointments.
Duties of Quartermasters.
292. The Quartermaster of a Regiment or Corps is responsible to the Commanding Officer that the whole of the stores in the regimental or corps depots are always in a thoroughly efficient and serviceable state, and complete in all details.
Duties of Adjutant.
293. The Adjutant, as the representative of the Commanding Officer, will exercise a general supervision over and conduct any necessary inspections of stores, under the instructions of his Commanding Officer.
Performance of Q.M’s. duties when none appointed.
294. In units which have no Quartermaster, the Adjutant will combine the duties of both Adjutant and Quartermaster.
DIVISION 9.—INSTRUCTIONAL STAFF WITH MILITIA FORCES.
Officers, Warrant and N.C. Officers appointed to duties.
295. Officers, Warrant and Non-commissioned Officers of the Instructional Staff may be appointed to duties as follows:—
(a) Instructional Staff appointed to Brigade—
Brigade-Major (or Assistant Brigade-Major) | Officer, Instructional Staff |
Brigade Clerk..................... | Warrant or N.C. Officer, Instructional Staff. |
(b) Instructional Staff appointed to Regiment or Battalion—
Adjutant.
Staff Regimental Sergeant-Major.
Staff Sergeants-Major as may be available, one of whom will be responsible for the instruction of the Militia Quartermaster-Sergeant.
Duties of I.S.
296. (1) The following are the duties of Instructional Staff Officers, Warrant and Non-commissioned Officers appointed in accordance with Regulation 295.
Officers.
(a) Officers of the Instructional, Staff are appointed to brigades and corps for imparting instruction in drill, musketry, tactics, discipline, organization, and administration. Under the Brigadiers and Commanding Officers they will perform the administrative and instructional duties of the office to which they are appointed.
(b) Brigade-Majors will be responsible to Brigadiers for the supervision of the training of the units composing their brigades; and it will be their special duty to instruct Adjutants in their administrative, clerical, and other duties.
(c) Officers of the Instructional Staff will personally impart practical and theoretical instruction to officers of the units to which they belong. They will exercise constant supervision over Warrant and Non-commissioned Officers of the Instructional Staff.
(d) Officers appointed Adjutants of Units in addition to their duties as such, will be required to assist Militia Quartermasters in their duties, and where a Militia Quartermaster is not appointed, they will be required to carry out the duties of that appointment.
(e) Officers of the Instructional Staff, other than those appointed Brigade-Majors of Brigade Areas, are primarily at the disposal of Brigadiers and Commanding Officers, and are not to be considered as available for District Staff duty, except when on the roster for “Adjutant, or Orderly Officer, of the Week,” and when required for duties with Boards and Schools of Instruction, in which latter case Brigadiers and Commanding Officers will invariably receive a week’s notice in writing.
Warrant Officers and Non-commissioned Officers.
(f) Warrant and Non-commissioned Officers of the Instructional Staff are allotted to units to instruct, and to insure, as far as lies in their power, that the administrative routine work is carried on with efficiency. It is their duty to instruct the Militia Non-commissioned Officers in their duties, and also to drill and train recruits.
(2) They are placed at the disposal of the Commanding Officer to whose command they are attached. They will exercise supervision over all arms, accoutrements, and stores which are on charge, but this will not relieve Commanding Officers from their responsibilities in this regard.
Garrison Sergeants-Major.
Duties of Garrison Sergeants-Major.
297. The duties of Garrison Sergeants-Major, who are the senior Warrant Officers of the Instructional Staff, and to which rank appointments will in future be made by selection—seniority being considered only when other qualifications are
equal—are as follow, and District Commandants will take steps to insure the services of these expert Instructors being utilized to the utmost in giving instruction to the Militia Forces and providing a standard for the Warrant and Non-commissioned Officers of the Instructional Staff:—
(a) General supervision of the methods of instruction by the Warrant and Non-commissioned Officers of the Instructional Staff of the District in which he is serving, with the object of eliminating faulty methods and producing a uniform system of instruction.
(b) He must be an example for all Warrant and Non-commissioned Officers of the Instructional Staff of the District.
(c) He will carefully supervise the instructional work of newly-appointed Instructors and render them every assistance in becoming proficient in their duties.
(d) He will perform the duties of an Instructor at all Schools of Instruction of his Arm and at as many other Schools as possible.
(e) He will be available for instructional duty with any corps of the Arm to which he belongs when specially required.
(f) At Camps of Continuous Training he will be made available to assist in the training of recruits or to assist Squadron or Company leaders in the training of their Units.
(g) He will assist the Assistant Adjutant-General at Reviews and Ceremonial Parades and in administrative arrangements connected with Schools and Courses of Instruction.
(h) He will keep the records of Warrant and Non-commissioned Officers of the Instructional Staff, and certify monthly to the Assistant Adjutant-General that they are up to date.
(i) He will keep the Assistant Adjutant-General informed on all matters relating to Warrant and Non-commissioned Officers of the Instructional Staff, particularly as to their ability, conduct, dress, equipment, strong or weak points, methods of imparting instruction and power of commanding respect.
(j) He will keep the equipment ledger for Warrant and Non-commissioned Officers of the Instructional Staff and arrange for necessary issues, returns, transfers, &c., of their arms and equipment.
(k) He will usually perform the duties of Regimental Sergeant-Major in all cases in which Warrant and Non-commissioned Officers and Soldiers are paraded before the Assistant Adjutant-General or District Commandant.
(l) He must be capable of performing the clerical duties appertaining to a Regimental or Area Officer and of giving instruction therein.
Diaries.
298. Each officer of the Administrative and Instructional Staff and Warrant and Non-commissioned Officers of the Instructional Staff will keep a staff diary, in which will be noted the duties performed by them, particularly those of instruction. This diary, or copy of the same, will be forwarded monthly, except in the case of officers of the District Head-quarters Staff, not later than the 7th of the succeeding month, to the representative of the Adjutant-General’s Branch in the District.
DIVISION 10.—MILITIA REGIMENTAL STAFF.
Militia and Volunteer Regimental Staff.
299. (1) The Militia Officers, Warrant Officers, and Non-commissioned Officers will assist in carrying out the administrative work connected with their appointments as required.
(2) They will be appointed temporarily to their positions, and will assist the permanent regimental Instructional Staff within the minimum limits laid down in the Regulations for efficiency until reported as efficient. The appointments may then be confirmed.
DIVISION 11.—MILITIA SQUADRON, BATTERY, AND COMPANY STAFF.
Militia Squadron and Company Staff.
300. (1) The Instructional Staff will not be permitted to relieve the Militia Officers and Non-commissioned Officers of their proper responsibilities.
(2) It will be the duty of the Militia Squadron, Battery, and Company Sergeants-Major, and Quartermaster-Sergeants, to acquire and carry out the administrative duties connected with their respective units under the officer commanding the same.
(3) It will be the duty of the Instructional Staff to afford the necessary assistance, in order to secure the satisfactory performance of the duties in question, and to impart the instruction and afford the help required by the Militia Non-commissioned Officers in carrying out their administrative functions.
DIVISION 12.—AREA OFFICERS.
Appointment of Area Officers
301. An Area Officer may be temporarily appointed on the recommendation of the Military Board to each Training Area, the conditions of appointment, &c., being as follow:—
(a) All Area Officers must reside within their areas, and when these embrace several localities, at such locality as is appointed.
(b) Appointments will be temporary, and will be subject to termination at any time, either by the holder of the appointment or by the Military Board.
(c) Area Officers, while holding the appointment, will be seconded from their units. Promotion may be recommended to such officers in the ordinary course, in their units, notwithstanding that they are seconded.
(d) Area Officers shall not retain a higher rank than that of Captain, while holding the appointment.
(e) Persons not holding commissions on appointment may be recommended for temporary rank as officers on the Unattached List, and may hold such temporary rank during the period of their temporary appointments as Area Officers.
Duties of Area Officers.
302. The following will be the duties of an Area Officer:—
(a) Supervision and direction of the registration, organization, and training of the Senior Cadets.
*(b) Inspection of Junior Cadet training in the schools.
*(c) Administration of troops (all arms), provided by his area, including equipment, clothing, pay, and transfers.
*(d) Supervision of training of all recruits within his area.
(e) Duty in any military appointment (e.g., Adjutant), and attendance at the training of the unit in which such appointment is made.
(f) Supervision of general registration and charge of records of all persons registered within his area.
*(g) Organization of reserve units.
(h) Attendance at a School of Instruction for fourteen days during the twelve months following the date of appointment, and in the second and each subsequent period of twelve calendar months from the date of appointment, attendance at a School of Instruction or Camp of Continuous Training for a period of not less than fourteen days.
(i) Supervision of the warrant and non-commissioned officers of the Instructional Staff attached to his area, and visits to the training centres of his area, provided that he shall not be required to be absent from his place of residence more than five (5) days per month on the average for this purpose.
(j) To obtain a thorough knowledge of the distribution of the population, conditions of employment, industries, and all matters affecting the interests of those liable to training within his area.
(k) Generally, to assist, as laid down in Regulations or Orders, the carrying out of the provisions of the Defence Act, within his area.
DIVISION 13.—GENERAL.
Books to be in possession of Officers.
303. (1) Officers, Warrant Officers, and Non-commissioned Officers of and above the rank of Sergeant will possess the latest edition of the books as per list (See Appendix III.), and produce them at inspections when ordered. These books are at first supplied, on requisition, at public expense, and new editions will be issued when published. When an Officer, Warrant Officer, or Non-commissioned Officer of and above the rank of Sergeant leaves the service, he is to deliver the books in his possession to the Officer Commanding the Unit in which he is serving.
* Pending further instructions, Temporary Area Officers will not be required to perform these duties.
(2) Members of the Administrative and Instructional Staff, and other branches of the Permanent Forces, transferred from one station to another, will take their books with them.
Promulgation of orders.
304. All officers are to acquaint themselves with changes in regulations and orders, and with military, district, garrison, or other orders issued for general information and guidance. Ignorance of published orders will not be admitted as an excuse for their non-observance. All orders specially relating to the soldiers are to be read and explained to them immediately after such orders are received; and important orders are to be read on three successive parades. Every circumstance which in any way affects a soldier’s pay or service is to be published in regimental orders, immediately after its occurrence.
Responsibility of officers for public money and stores.
305. Officers entrusted with public money are to keep such a record of their cash transactions as may be required, and the book in which this is kept is to be retained under lock and key in the officer’s own custody. Every officer charged with the duty of making payments will, to the fullest extent possible, either make cash payments himself, or see that they are made in his presence; he is personally responsible for any sum of money he may intrust to subordinates. Officers and others in charge of public stores of any kind are strictly forbidden to lend, sell, or exchange, without the authority of the Military Board, any article under their charge for any purpose.
Quartermasters to deal with quantity only.
306. Quartermasters are not to deal with the quality of supplies, or to have anything to do with the admission of forage into store, but will deal solely with the gross quantity to be received, and with the subsequent regimental distribution after it has been duly passed. The Quartermaster’s responsibility is limited in all cases to the quantity only, not to the quality, of any supplies that may be submitted for the inspection and report of Boards of Survey.
Cash duties.
307. Quartermasters are not to perform any cash duties whatever, except in circumstances in which they are by the Regulations recognised as sub-accountants.
Muster parade
308. A muster parade will be held annually of all permanent troops, on a date to be fixed a short time previously in each command by the District Commandant, or other officer deputed by him. Muster rolls will be forwarded to the District Head-quarters.
PART X.—ENLISTMENT, TRANSFERS, DISCHARGE, MEDICAL INSPECTION.
DIVISION 1.—VOLUNTARY ENLISTMENT.
Standard.
309. The standard age, height and chest measurement for recruits for each arm of the service shall be:—
—— | Age Limit. | Height Minimum. | Chest Measurement Minimum. | ||
Permanent— | Years. | Ft. In. | Inches. | ||
Royal Australian Garrison Artillery......... | 18 to 30 | 5 7 | 35 | ||
Royal Australian Field Artillery—Gunners.... | „ „ |
| 5 7 to 5 10 |
| 35 |
Drivers....................... | „ „ |
| 5 4 to 5 7 |
| 34 |
Royal Australian Engineers.............. | „ „ | 5 7 | 35 | ||
Army Service Corps................... | „ „ | 5 7 | 35 | ||
Australian Army Medical Corps | „ „ | 5 7 | 35 | ||
Army Ordnance Corps.................. | „ „ | 5 7 | 35 | ||
Militia— |
|
|
| ||
Australian Light Horse................. | 18 to 35 | 5 6 | 34 | ||
Medical examination of recruits.
310. Recruits for the Permanent and Militia Forces will be medically examined as regards general fitness for military service before final approval.
Enlistment of boys as musicians.
311. (1) Boys between the ages of 14 and 17 years may be enlisted in the Permanent Forces for service as musicians, trumpeters, and buglers, subject to being passed as medically fit, and their probable physical fitness under Regulation 309 on reaching the age of 18 years.
(2) Boys so enlisted shall be entitled to a free discharge on the date on which they attain the age of eighteen years, or within a period of three months after such date, provided that they give to their Commanding Officer, beforehand, not less than one month’s notice, in writing, of their intention to claim their discharge under this Regulation.
Light Horse Regiments.
312. Recruits for Light Horse Regiments should be good horsemen, and must have in their possession, or at their disposal, a quick, active, compact, well-built horse, showing quality, and capable of carrying weight of not less than 16 stone.
Horses.
313. Horses should not exceed 16 hands, but in special cases Commanding Officers are authorized to approve of horses slightly in excess of 16 hands, and, in very special cases, of horses less than 15 hands. Under no circumstances will horses less than 14.2 hands be permitted.
Exceptions.
314. Exceptions to the foregoing standards may in special cases be allowed by District Commandants.
Continuance of service under Defence Act.
315. Any soldier who was a member of the Military Forces before the commencement of the Defence Act, and who continued to serve under the Act and these Regulations, shall not be liable to pay on resignation from such continued service a greater sum than is herein provided, or than he would have been liable to pay before the commencement of the said Act and Regulations under any other Act and Regulations.
Period of service.
316. Men approved for voluntary enlistment shall engage to serve—
(a) In the Permanent Forces—
For a period of five years, and subject to the conditions with regard to forfeiture of service prescribed in Regulation 764.
(b) In the Militia Forces—
For a period of three years,
(c) In the Reserve Forces—
For a period of two years.
(Sec. 36, D.A.)
Documents to be retained during service.
317. Discharges, indentures, testimonials, &c., handed in by a recruit on enlistment in the Permanent Forces will be attached to his attestation-sheet and retained until the termination of his service.
Preference.
318. In the voluntary enlistment of soldiers in the Permanent Forces, preference shall be given to men of the Militia Forces, who are otherwise suitable, and who are efficient members in such Forces.
Soldier cannot belong to more than one unit.
319. No soldier of one regiment or corps shall be enlisted in another corps until he has legally ceased to be a member of the former corps.
Bad characters not to be enlisted.
320. No person who has been dismissed or discharged from a regiment or corps for disciplinary reasons, or has been called upon to resign, shall be enlisted in any other regiment or corps without express authority from the District Commandant.
Procedure on enlistment.
321. Voluntary enlistments shall be carried out as follows:—
(a) Every person, before enlisting in the Defence Force, shall be given a notice on the prescribed form, stating the general requirements of attestation and the general conditions of the engagement.
(b) Upon the appearance before an officer or a justice of the peace of a person offering to enlist, the officer or justice shall ask him whether he has been given and, understands the notice, and whether he assents to be enlisted.
(c) If he assents to be enlisted, the officer or justice, after cautioning such person that if he makes any false answers to the questions read to him he will be liable to be punished, as provided by the Acts and Regulations, shall read, or cause to be read, to him the questions set forth in the attestation paper for the time being prescribed, and shall take care that such person understands each question so read, and after ascertaining that the answer of such person to each question has been duly recorded opposite the same in the attestation paper, shall require him to sign the declaration as to the truth of those answers set forth in the said paper, and shall then administer to him the oath of allegiance as prescribed by the Act.
(d) Upon signing the declaration and taking the oath, such person shall be deemed to be enlisted as a soldier of the Defence Force.
(e) The officer or justice shall attest by his signature, in manner prescribed by the said paper, the fulfilment of the requirements as to attesting a recruit.
(f) A District Commandant, or the Commanding Officer of a recruit, if satisfied that there is any error in the attestation paper of a recruit, may cause the recruit to attend before an officer or a justice, and such officer or justice, if satisfied that such error exists, and is not so material as to render it just that the recruit should be discharged, may amend the error in the attestation paper, and the paper as amended shall thereupon be deemed as valid as if the matter of the amendment had formed part of the original matter of such paper.
(g) Justice of the Peace means a Stipendiary, Police, or Special Magistrate, or any Justice of the Peace for a State or part of a State.
DIVISION 2.—TRANSFERS—MILITIA FORCES.
Transfer and re-attestation.
322. Soldiers of the Militia Forces may, subject to the approval of the Commanding Officers concerned, be transferred at their own request from one regiment or corps to another of a different arm provided they fulfil the standard of physical fitness prescribed for the corps to which they are to be transferred.
Transfers.
323. (1) Members of the Militia Forces who remove to another area, and reside within a distance of five miles from a place appointed for training, will be transferred to a squadron, battery, or company raised within that area. The transfers should ordinarily be to the “arm” in which they have been trained.
(2) On transfer they will retain the rank they hold, or be given corresponding rank, and, if in excess of establishment, will be supernumerary of that rank pending absorption. If transferred to another “arm,” they must qualify for such rank within twelve months or revert to the ranks.
(3) Transfers will be notified on the authorized Form, and duplicate Record Books transmitted to the Commanding Officer of the unit to which the member is being transferred.
Special attachment.
324. (1) Members of units forming part of other branches of the Defence Forces of the Empire may be attached to units of the Defence Force for training, and members of the Defence Force temporarily resident out of Australia may, at their request, be permitted to serve with such units abroad, and to count such service as service in Australia, subject to such directions as may be issued in Military Orders.
(2) In the case of persons liable for training under Section 125 (c) and (d) of the Act who are temporarily domiciled in Great Britain, and become attested members of King Edward’s Horse, the rank gained by them in such Regiment shall, on their return to Australia, be accepted as qualifying for similar rank in the Militia Forces. Such persons may, on their return to Australia, be transferred from King Edward’s Horse to the Militia Forces under the conditions prescribed by Regulation 323.
(3) A grant of £5 per annum may be paid to the funds of King Edward’s Horse for each person serving in that Regiment who would have been liable for training in Australia, and who has completed, during the year, a period of not less than the number of days’ training (or their equivalent) he would have been required to carry out in Australia, and who is certified by the Officer Commanding to be an efficient soldier.
(4) The Officer Commanding King Edward’s Horse is authorized to enter and certify in Table XV. of the Record Book the training performed in each year by persons liable for training in the Militia Forces who are members of such regiment.
DIVISION 3.—RE-ENGAGEMENT—PERMANENT FORCES.
Re-engagement.
325. (1) Any voluntarily enlisted soldier of the Permanent Forces within three months of the completion of the period of service for which he was enlisted may, subject to the approval of the Commanding Officer, be re-engaged for a period of three years, provided that he is still medically fit.
(2) Soldiers of the Permanent Forces selected for duty at tropical stations who have less than two years to serve on their current engagements may be re-engaged prior to transfer for a period of three years, such re-engagement to take effect from termination of previous period of enlistment.
Regimental number.
326. Soldiers who re-engage without a break in their service will not receive a new number.
DIVISION 4.—DISCHARGE—PERMANENT FORCES.
Discharge.
327. No soldier in the Permanent Forces can claim his discharge until the expiration of his term of service, but, at any time within three months after enlistment, he may, subject to the approval of the District Commandant and his Commanding Officer, obtain his discharge “Free.” At subsequent periods, he may, subject to the approval of the District Commandant and his Commanding Officer, purchase his discharge at the rate set forth below.
Under one year’s service, £10.
Over one year and under two years’ service, £8.
Over two years and under three years’ service, £6.
Over three years and under four years’ service, £4.
Over four years and under five years’ service, £2.
(2) To the above sums shall be added the unexpired value of the soldier’s uniform and kit.
(3) Except in time of war, a re-engaged soldier of the Permanent Forces shall be entitled, upon the expiration of three mouths’ notice given in writing to his Commanding Officer, to be granted a free discharge before the expiration of the period of service for which he has re-engaged, and subject to paying the unexpired value of his uniform and kit.
(4) In special cases, to be determined by the Commanding Officer, the three months’ notice of intention to claim discharge may be either waived or reduced.
Provided that the amount of purchase money as above described (but not including the unexpired value of uniform and kit) may, for special reasons, be waived by the Commanding Officer subject to the approval of the District Commandant.
(5) The Commanding Officer for purposes of “discharge” shall mean the senior permanent officer of his regiment in the district.
Applications for discharge.
328. Applications for discharge are to be submitted at once to the Commanding Officer. Commanding Officers will keep a list showing the date of application, and—
(a) Thirty days after the application has been made the Commanding Officer will forward the case to the District Commandant for his decision, making any remarks he considers necessary. The 30 days’ delay above alluded to is intended to give the soldier time to reconsider his request and withdraw it, should he wish to do so. The Commanding Officer is authorized to shorten or omit the delay should the circumstances make this desirable in the soldier’s interests.
(b) When a corps or draft is ordered to another Military District, the applications previously registered will be submitted at once to the District Commandant for decision. When application is to be made by a soldier after his name has been included in a draft for removal, or after his corps has received orders for service in another Military District, the application will also be submitted at once to the District Commandant, the Commanding Officer explaining the case, and stating whether the vacancy in the corps or draft can be filled.
Improper use of certificates of discharge.
329. (1) The following procedure will be adopted in order to prevent the improper use of certificates of discharge, and to insure a proper check on the numbers actually issued.
(2) A series of numbers from 1 to 1,000 will be commenced, and each certificate in stock will be numbered consecutively at the top of the first page. The same procedure will be followed when the next supply is received.
(3) A numerical list will be kept, and as the certificates are used a note will be made on the numerical list as to how each certificate has been disposed of.
(4) When the series is finished, a new series will be commenced.
Purchase money.
330. Money is on no account to be accepted for the purchase of a soldier’s discharge until the authority for the discharge has been actually received.
Procedure on discharge.
331. When the authority for the discharge has been given, and the purchase money received, the discharge will be at once carried out. A copy of the receipt for the purchase money, stating the name of the person by whom the money was actually provided, will be kept with the man’s discharge documents.
Medical examination.
332. When a man is considered by his Commanding Officer and the Medical Officer in charge to be unfit for service, the District Commandant will, on the application of the Principal
Medical Officer, cause him to be examined by a medical board, the president of which if possible will not be under the rank of major. Should the medical board pronounce the man unfit for further service, the District Commandant will authorize the discharge.
Men at out-stations.
333. If the man is serving at an out-station, the District Commandant may, on the application of the Principal Medical Officer, cause him to be removed to the head-quarters of the district, in order that he may be under the observation of the Principal Medical Officer for a sufficient time so enable him to form an opinion on the case.
Invalids with families.
334. When invalids borne on the “married roll” are temporarily removed to the head-quarters of districts or to a general hospital for further treatment, their wives and families are, unless otherwise directed, to remain at the station until the cases are decided.
Removal of lunatics to an asylum.
335. Lunatic soldiers are not to be removed to an asylum for treatment without the sanction of the District Commandant.
Discharge of lunatics.
336. In the case of soldiers who have been one month in a civil lunatic asylum the necessary action is to be taken for their discharge.
Recording conduct and character.
337. (1) If a soldier, who during the first six calendar months of his service has incurred entries in the regimental or company conduct sheet, incurs no entries in the regimental conduct sheet during the succeeding twelve calendar months, a line in red ink will be drawn across his regimental and company conduct sheets under the last entry of offenses committed during the first six calendar months of his service.
(2) In assessing the character on discharge from the Military Forces of a soldier who fulfils the above conditions, the entries above the red ink line, other than those of a court-martial or imprisonment by the civil power, will be disregarded, and in the event of such soldier being promoted to warrant rank these entries will be entirely erased.
(3) To insure uniformity in estimating and recording a man’s conduct and character whilst serving, or on discharge or transfer to the Reserve, the following terms will be strictly adhered to:—
(a) Exemplary.
(b) Very good.
(c) Good.
(d) Fair.
(e) Indifferent.
(f) Bad.
(g) Very bad.
Discharge certificate.
338. (1) Upon the discharge of any soldier of the Military Forces for any reason whatever, he shall, in the Permanent Forces, be given a Certificate of Discharge, which shall serve as a record of his military service and military character, and shall be signed by the Commanding Officer.
(2) The discharge of soldiers of the Permanent Forces, medically unfit, will be conducted as laid down in Orders for Australian Army Medical Services.
“Exemplary” character.
339. (1) An “exemplary” character is the highest that can be given to any soldier, and is to be given only to men whose period of service has enabled their conduct to be thoroughly tested. It is to be reserved, therefore, for men who have served for at least five years, who have not incurred more than the following number of entries in the regimental conduct sheet, and who have been clear of an entry in the regimental conduct sheet for the periods stated in the following table:—
Length of Service. | No. of Entries allowed in | Years clear of Entry in |
Regimental Conduct Sheet. | ||
5 and under 9 years | 2† | 5 |
9 „ „ 12 „ | 4 | 6 |
12 „ „ 15 „ | 5 | 7 |
15 „ „ 18 „ | 6 | 8 |
18 years and upwards | 7 | 9 |
† Not more than one to be a case of drunkenness.
(2) In the case of a soldier of 18 years’ service or upwards, the restriction as to the number of entries allowed will only apply to the last 16 years of his service.
(3) The Commanding Officer is the sole judge of whether an exemplary character should be granted. Though the soldier fulfils the above conditions, the grant of an exemplary character is discretionary and not obligatory.
Special entries.
340. When a soldier is specifically mentioned in despatches which are published in the London Gazette, a note of the fact will be entered on his certificate of discharge under “Medals and decorations,” in the following form:—
Name of Campaign, Mentioned in Despatches, London Gazette, dated
Medal and Number of Clasps.
DIVISION 5.—DISCHARGE OF MEMBERS OF MILITIA FORCES NOT LIABLE TO BE TRAINED UNDER PART XII. OF THE ACT.
On completion of term of service.
341. Any soldier who has voluntarily enlisted as a member of the Militia Forces shall be entitled to be discharged therefrom at the expiration of the period of service for which he engaged, unless such expiration occurs in time of war, in which case he shall not be entitled to his discharge until war has ceased. (Sec. 39, D.A.)
Resignation, Citizen Forces.
342. (1) Any voluntary enlisted soldier may, except in time of war, resign from the Militia Forces on giving three months’ notice in writing to his Commanding Officer of his intention to claim his discharge, and by paying the following sums:—
Militia Forces—
£2, if such resignation is tendered during the first year of the soldier’s service.
£1, if such resignation is tendered during the second year.
10s., if such resignation, is tendered during the third year.
Provided that such payments may, for special reasons, be waived by the Commanding Officer, subject to the approval of the District Commandant. (Sec. 40, D.A.)
(2) In the case of the Reserve Forces, 14 days’ notice is sufficient, and no sum is payable except for loss of or damage to Government property in charge of the soldier. (Sec. 41, D.A.)
Re-engaged soldiers of Militia Forces.
343. Any voluntary enlisted re-engaged soldier of the Militia Forces who has, under his present and previous attestations, completed without a break the length of service prescribed for the portion of the Military Forces to which he belongs, shall be entitled to be discharged, under Regulation 342, without payment.
Discharge of recruits.
344. A voluntary enlisted Militia recruit may be discharged by a Commanding Officer, at any time prior to his being passed into the ranks, if he should seem to be an undesirable character, or is unlikely to become an efficient soldier. (Sec. 112, D.A.)
For medical unfitness.
345. Any soldier who may be found at any time during the continuance of his military service to be medically unfit, shall be discharged, unless under special circumstances, which must be reported to and approved by the District Commandant.
Penalty on discharge for disciplinary reasons.
346. Any voluntary enlisted Militia soldier dismissed from the service by the District Commandant, or by his Commanding Officer, or by sentence of court martial, for a military offence, shall forfeit to the Government the amount he would have to pay if he were purchasing his discharge on the day the offence was committed or such smaller sum as the District Commandant may determine, and such sum may be stopped from his pay, if any.
Discharge certificate.
347. Upon the discharge of any soldier of the Militia Forces for any reason whatever, he shall be given a Certificate of Discharge, which shall serve as a record of his military service and military character, and shall be signed by the soldier’s Commanding Officer.
DIVISION 6.—DISCHARGE OF MEMBERS OF MILITIA FORCES LIABLE TO BE TRAINED UNDER PART XII. OF THE ACT.
Discharge to be filled in in Record Book.
348. On completion of their service required by the Act, the Discharge Certificate will be filled in by the Authorized Officer in the Soldier’s Record Book, and duplicate thereof. “Character while Serving” will be recorded, as prescribed in Regulation 358.
Liability for medical examination.
349. At any time during his service a member may be required by his Commanding Officer to be medically examined, and, if found unfit for service, shall receive his discharge as “Medically Unfit,” to be recorded on Table XV. of the Record Book, following the record of the last annual training. On his Discharge Certificate the words from and including “required” to and including “as” shall be ruled out.
Discharge of disqualified person.
350. The Discharge Certificate of a person not permitted to serve, under Section 141 of the Act, shall be ruled out, and entered to read “This is to certify that is not permitted to serve in the Defence Forces of the Commonwealth of Australia, by order of the Court, at , dated , 19 .
Signature of Authorized Officer.”
Original Record Book and uniform to be retained.
351. On discharge, members will be permitted to retain the original Record Book of their service, and the uniform in their possession.
General.
No duplicate certificate.
352. No duplicate or copy of the discharge certificate, or extract from official records, will be issued to a discharged soldier.
Proceedings on discharge.
353. When a permanent soldier is brought forward for discharge, his Commanding Officer will prepare the “Proceedings on Discharge” on the authorized form, for confirmation in accordance with the instructions thereon.
Unsettled claims.
354. When a permanent soldier on discharge submits a claim which cannot be settled on the spot, the discharge documents will be completed and forwarded to the District Head-Quarters for settlement of the claim and confirmation of the discharge.
Authorizing and confirming officers.
355. The competent officer to authorize a discharge shall be, in the case of the Permanent Forces the District Commandant, otherwise the soldier’s Commanding Officer, and the competent officer to confirm discharges shall be the soldier’s Commanding Officer.
Discharge of staff cadets.
356. In the Corps of Staff Cadets, the competent officer to authorize a discharge shall be—
(a) for breaches of discipline and moral unfitness, the Commandant, Royal Military College;
(b) for other causes, the Minister for Defence,
and the competent officer to confirm all discharges shall be the Commandant, Royal Military College.
Duty of confirming officer.
357. The confirming officer will see that the entries in the “Proceedings on Discharge” of a soldier of the Permanent Forces are in agreement with the regimental books, and that a non-effective account on the authorized form has been made out and signed by the soldier and the officer commanding his company.
Cause of discharge.
358 (1) The cause of discharge of a soldier of the Permanent Forces is to be stated in the following terms:—
Class i. Having irregularly enlisted.
„ ii. Not being likely to become an efficient soldier.
„ iii. Having been claimed as an apprentice.
„ iv. Having claimed a free discharge within three months of his attestation.
„ v. Having made a misstatement as to age on enlistment.
„ vi. Having made a false answer on attestation.
„ vii. Unfitted for the duties of the corps.
„ viii. Having been convicted by the Civil Power for an offence committed before enlistment.
„ ix. Being incorrigible and worthless (or misconduct).
„ x. Having been sentenced to penal servitude (or imprisonment) by Court Martial (or by Civil Power).
„ xi. Having been sentenced to be discharged with ignominy.
„ xii. At his own request on payment of £........ under Regulation.........
„ xiii. Free after......years’ service, under Regulation.........
„ xiv. Having been found medically unfit for further service.
„ xv. Having been found medically unfit through his own default.
„ xvi. The termination of his period of enlistment.
„ xvii. Having reached the age for retirement.
,, xviii. His services being no longer required.
„ xix. In the case of a member of the Corps of Staff Cadets, in addition to the above, for the causes laid down in Royal Military College Regulations and Orders.
(2) The cause of discharge of a voluntary enlisted soldier of the Militia Forces will be stated as in sub-regulation (1) of this Regulation, omitting Class ix.
“Fair” character of N.C.O.
359. In cases where a more favorable character than “fair” cannot be given to a non-commissioned officer of the Permanent Forces the reasons will be briefly recorded on the “Proceedings on Discharge,” but not in the certificate of character.
“Bad” character.
360. A “bad” character is not to be given to a non-commissioned officer, nor to a man, in possession of a good-conduct badge.
Assessment of character.
361. Before assessing a soldier’s character on his certificate of discharge a Commanding Officer will make a careful study of his conduct sheet and his medical history sheets. He will then write a character in the form of a testimonial based on the above data, his own personal knowledge, and the opinion
of the soldier’s company officer, special attention being paid to the last three years of service. The character should, whenever anything can truthfully be said in the man’s favour, refer specifically to the following points: honesty, sobriety, trustworthiness, and any further qualities, e.g., tact, discretion, power of command, subordination, industry, cleanliness, intelligence, thrift, punctuality, total abstinence from alcoholic liquor, that are likely to appeal to an employer. It should proceed to detail any capacities in which the man has been employed during his service, reference to which is likely to assist an employer in estimating his suitability for a particular form of employment. In the case of warrant officers or non-commissioned officers, the period or service in each rank may often usefully be stated. While nothing may be said in a soldier’s disfavour, no statement should be made that a Commanding Officer would not be prepared to uphold if he was recommending the man to a personal friend. It should always be borne in mind that no greater injustice could be done to men of really good character and attainments than, for the sake of an individual, running the risk of discrediting army characters in the eyes of the civil employer of labour.
Loss of certificate.
362. Men should be informed that if they lose their certificate of discharge no duplicates will, in any circumstances, be issued. Men should be advised on no account to part with the original certificate, or forward it by post when applying for a situation, but should use a copy attested by a responsible person for the purpose.
Descriptions on discharge documents and certificates.
363. The description and measurements entered in the “Proceedings on Discharge,” and the discharge and character certificates should invariably be taken on the date upon which those documents are prepared.
DIVISION 7.—MEDICAL EXAMINATION.
General.
Persons liable must attend for inspection. (D.A., 144.)
364. (1) The times and places for inspection and medical examination under section 114 of the Act shall be appointed by the District Commandant notified in District Orders and advertised.
(2) All persons liable to be trained under Part XII. of the Act shall attend at the prescribed times and places for inspection, and shall give such information as is prescribed, and shall submit to the prescribed medical examination.
Times and places to be notified.
365. The times and places for medical examination shall be notified by the Area Officer of each Training Area by means of notices exhibited at the Post Offices or other authorized places, or by means of notices posted to a person’s place of residence.
Eyesight.
366. (1) Eyesight will be tested as follows—
In examining a recruit’s vision he will be placed with his back to the light, and his visual acuteness will be tested by means of test types, placed in ordinary daylight, at a distance of 20 feet from the recruit.
(2) Each eye will be tested separately—
(a) If a recruit can read D = 24 at 20 feet, or better, with each eye without glasses, he will be considered “fit.”
(b) If he can read D = 6 at the same distance with the right eye without glasses, and not less than D = 60 with the other eye without glasses, he will be considered “fit.”
(c) If he can read D = 6 at the above distance with the left eye without glasses, and not less than D = 60 with the other eye without glasses, he will be considered “fit” for the A.A.S.C., A.A.M.C., A.A.O.C., and drivers of the Artillery and Engineers.
(3) The foregoing is the standard test of vision for all arms of the service.
(4) The visual acuity of each eye, in the case of approved recruits, will be entered in the Record Book.
(5) Inability to distinguish the principal colours will not be regarded as a cause for rejection, but the fact will be noted in the report and the candidate will be informed.
(6) Defective vision, requiring constant aid of glasses, affirmed by the medical authority, will be considered a cause of rejection.
Exemptions.
367. Persons whose bonâ fide residence is not within a distance of five miles reckoned by the nearest practicable route from the nearest place of training will not be required to attend for inspection or medical examination, so long as they reside at such distance.
Temporary exemptions.
368. Persons to whom temporary exemptions are granted under the proviso of Section 138 (1) (f) of the Act may be excused by the Area Officer from attending the prescribed inspection and medical examination, and may be required by such Area Officer to attend such inspection or medical examination at subsequent dates.
Persons unfit for service. (D.A., 138 (1).)
369. (1) Persons who are known by the Area Officer to be absolutely unfit for military service of any kind, by reason of being blind, deaf, or dumb, maimed, insane, &c., may be excused by the Area Officer from attending for inspection and medical examination, and permanent certificates of exemption from training may be issued to such persons by the Area Officer under section 138 (1) (a) of the Act.
(2) For the purpose of this Regulation, the Area Officer shall be deemed to be the prescribed medical authority referred to in section 138 (1) of the Act.
Result of medical examination to be entered in Record Book. (D.A., 146.)
370. The prescribed medical authorities will cause to be entered in the Record Book of the person examined the result of such examination, and will certify that the person so examined is either—
(1) Fit;
(2) Unfit;
(3) Temporarily unfit; or
(4) Not substantially of European origin or descent.
Medical authorities for exemptions. (D.A., 138.)
371. The medical authorities referred to in Sections 138 (1.) (a) (b) and 61 (a) and (h) of the Defence Act, shall be such officers of the Australian Army Medical Corps as may be appointed for duty to the Training Area, or to any unit in the
area, in which the person claiming exemption resides, or such other duly qualified medical practitioners as District Commandants may approve.
Provided, however, that as regards the operation of Regulation 369 the Area Officer shall be deemed to be the prescribed medical authority as referred to in Section 138 (1) (a) of the Act.
Militia Forces.
Persons liable must attend.
372. (1) All persons liable to be trained as provided for under section 125 (c) of the Act, shall attend for inspection and medical examination in the year in which they attain the age of 18 years, and those who become liable to training at a later age shall in like manner attend for inspection and medical examination.
(2) Any person contravening this Regulation is liable to a penalty of Ten pounds under the provisions of section 85 of the Act.
Manner of conducting examination.
373. The medical examination for those persons liable to be trained under the provisions of section 125 (c) of the Act shall be an examination, including eyesight test, by a prescribed medical authority, as to the physical and mental qualifications and characteristics of the examinee and the race to which he belongs so far as is necessary to ascertain his fitness for service, and for the purposes of such examination the examinee shall answer all such questions and do all such things as the prescribed medical authority reasonably requires him to answer or do.
Persons to be classified “Unfit.”
374. Persons who fail to attain the standards as laid down in Regulation 366 shall be certified “Unfit,” and also all those who, notwithstanding they attain such standards, have not a proportionate correlation of weight to height, show less than a difference of 2 inches between maximum and minimum chest girth, are flat-footed, or in any other way, by reason of disease or physical or mental defect, are considered by the examining officer unfit for the duties of a soldier.
Persons to be classified “Temporarily Unfit.”
375. Persons who are “Unfit,” but are considered by the examining officer to be likely to attain the required standard within a year, will be classified as “Temporarily unfit.” And such persons may, if they so desire, continue to serve for a further period of one year in the Senior Cadets, and shall be re-examined at the next annual examination, and, if then found “Fit” by the medical officer, may be transferred to the Militia Forces.
Standard of classification.
376. (1) The standard of classification of Senior Cadets and other persons who have not undergone training as Senior Cadets, on their becoming liable for training in the Militia Forces in the year in which they attain the age of 18 shall be as follows:—
— | Minimum Measurement. | |
Height without Boots. | Chest Girth fully expanded. | |
| ft. in. | inches. |
Fit.............................. | 5 4 | 33 |
(2) Persons who become liable for training at a later age than 18 years will be required to possess such higher standard of development as may be reasonably expected for their age.
(3) The above standards are prescribed as a guide to medical officers when examining Senior Cadets and others for enrolment in the Militia Forces, but discretionary power will be exercised in special cases provided that there exists a proper correlation of age, height, weight, and chest measurement.
Senior Cadets.
Information required on inspection. (D.A. 144.)
377. An Area Officer shall notify to each person registered in his area the times and places fixed by him for inspection, and such persons may be required to give the following information:—
Date of birth.
Names of parents or guardians.
Nationality.
Place of birth.
Occupation (if any).
No absolute standard height and chest measurement.
378. No absolute standard of height and chest measurement will be laid down for “fitness” to serve in the Senior Cadets, and medical officers in deciding the question will have in view the physical measurements and will be guided by the following considerations:—
(a) Those who are insufficiently developed to undergo safely the exertion required of them in the authorized Senior Cadet training will be classed as Unfit.
(b) Those who are not unfit in the sense explained in the preceding clause, but who are subject to some defect in development or otherwise which, will undoubtedly prevent them from attaining the standard required of soldiers at the age of eighteen years, will also be classified as Unfit.
DIVISION 8.—ALLOTMENT TO ARMS AND CORPS—MILITIA FORCES.
Persons liable to be allotted to Militia.
379. Persons liable to be trained in the Militia Forces shall in time of peace be allotted to the Militia Forces, and in time of war may be required to serve in any portion of the Defence Force.
Allotment to arms and corps.
380. The allotment to arms and corps will be carried out by District Commandants, under instructions issued by the Military Board.
DIVISION 9.—EVASION OF SERVICE.
Penalty for failure to render personal service.
381. (1) Every person who, in any year, without lawful excuse, evades or fails to render the personal service as required by the Act shall be guilty of an offence, and, in addition to the liability under section 133 of the Act, be liable to a penalty not exceeding £100.
(2) Every person liable to be trained under the Act who fails without lawful excuse, to attend a compulsory drill shall be guilty of an offence, and, in addition to the liability under section 133 of the Act, be liable to a penalty not exceeding £5.
Prescribed authorities, &c. (D.A., 135, 135a and 110 (5).)
382. (1) The following shall be the prescribed authorities and persons referred to in sections 135 and 135a of the Act:—
Under sub-section (2) of section 135—
The Commanding Officer, Adjutant, Area Officer, or other Officer appointed by the District Commandant.
Under sub-sections (4), (5), (7) of section 135 and section 135a—
Any member of the Permanent Military Forces, or any Area Officer.
(2) The following shall be the prescribed “Institution” or “Place” referred to in section 135, sub-sections (5) and (7) of the Act:—
“Any place kept or used for Military purposes or any other institution or place approved by the Minister.”
(3) The prescribed officer referred to in section 110 (5) of the Act, and authorized by that section to bring a prosecution in any Court of Summary Jurisdiction against a soldier or person liable to render personal service under the provisions of Part XII. of the Act, shall be—
“Any Officer of the Provost Staff, or any other officer appointed by the District Commandant.”
(4) When a person liable to be trained under the provisions of Part XII. of the Act has been committed by a Court to the custody of the officer commanding a place of detention, the Court may empower a member of the Permanent Forces to take such person into custody for the purpose of conducting him to the place of detention to which he has been committed.
Persons who evade service ineligible for employment Commonwealth Public Service. (D.A., 136.)
383. Every person who, without lawful excuse, evades or fails to render the personal service required by the Act shall, unless and until he has performed equivalent personal service as prescribed, be and remain ineligible for employment of any kind in the Public Service of the Commonwealth.
Trainees not to be imprisoned.
384. Persons liable to be trained under section 125 of the Defence Act, who are sentenced to imprisonment by a Court Martial or a Civil Court for offences against Parts XII. and XIV. of the Act, shall, in lieu of imprisonment in a civil gaol, be imprisoned in a place of detention, or other institution, or place authorized in that behalf by these Regulations for a time and period corresponding with the time and period awarded by such Court Martial or Civil Court.
385. Every person liable to training under Part XII. of the Act, who, having been committed by a Court to the custody of any prescribed authority, and having been detained in any prescribed institution or place—
(a) Refuses or fails to comply with the Regulations or orders governing that institution or place; or
(b) Refuses to perform any drill, training, or other duty required of him; or
(c) Disobeys or neglects to obey the orders of any officer or soldier placed in authority over him;
shall be guilty of an offence, and shall, on conviction by a Court of Summary Jurisdiction, be liable to suffer one of the following penalties, namely:—
(i) Detention, that is to say, confinement in military detention rooms for a period not exceeding twenty days;
(ii) Confinement in the custody of the prescribed authority for a further period not exceeding twenty days.
DIVISION 10.—SOLDIERS’ ACCOUNTS. ETC.
Paying-soldiers.
386. Every issue of pay to non-commissioned officers and men is to be made in the presence of an officer.
Keeping and signing accounts.
387. Officers commanding companies, &c., are responsible for each man’s account being properly kept and signed at every monthly settlement, and for the balance, if any, being correctly carried forward.
Kit and debts of deserters.
388. When a soldier is given up to another corps as a deserter therefrom, his kit is to be sent with him, and his account settled between the captains as in cases of transfer. When the deserter is handed over from one branch of the service to another, such articles of his kit as cannot be made use of in the corps which he is to join are to be sold in his original corps, and the proceeds remitted to the officer commanding his future company, &c., to be credited to the man’s account.
Private property of soldiers sentenced to penal servitude or imprisonment.
389. When a soldier is sentenced to penal servitude or imprisonment on the expiration of which he will not rejoin his corps, he will be informed that the military authorities are not responsible for the custody of any private property which he may possess. At the same time, so far as may be possible, every facility will be given to him for making private arrangements for the custody or disposal of his property, including articles of regimental necessaries not required to be sent with him to the prison, or any articles to which he may attach a special value; should he, however, decline or fail to make private arrangements prior to quitting his corps, any articles then remaining in military charge will be sold by auction, in the same manner as the effects of deserters.
DIVISION 11.—SOLDIERS’ MESSING AND COOKING.
Messing.
390. It is the duty of the Commanding Officer to see that the soldier’s meals are properly and efficiently provided.
Inspection of kitchen and meals.
391. Orderly officers are to visit and inspect the kitchen and cooking apparatus daily, and are also to visit the barrack-rooms or tents during the breakfast, dinner, and evening meal hours, in order to see that the meals are properly prepared, and that there is no cause for complaints. In the case of the permanent forces, arrangements are to be made by the Commanding Officer for the disposal of all refuse from the cooking of the meat, &c., the sum accruing being divided monthly among the units, &c., according to their strength, and credited to the messing. An account of the fund and its appropriation is to be published monthly in regimental orders.
DIVISION 12.—ORDERLIES.
Number to be kept low.
392. The number of soldiers employed as orderlies, mounted or dismounted, is always to be reduced to the lowest possible limits.
Officers’ orderlies.
393. Officers are not entitled to the services of soldiers as servants or personal orderlies, and soldiers are not to be so employed except on the special approval of the Military Board, which will only be granted in the cases of single officers residing in barracks, and then only on the distinct understanding that the men so employed are not exempted from any parades or other duties which they would ordinarily be called upon to perform if they were not so employed.
Orderlies, officers’ messes.
394. Regulations 392 and 393 will also apply to the employment of soldiers in officers’ messes.
DIVISION 13.—MARRIED SOLDIERS—PERMANENT FORCES.
Consent to marriage.
395. A Warrant Officer, Non-Commissioned Officer, or man need not obtain the consent of his Commanding Officer before he marries, but he must inform his Commanding Officer of his intention to marry, and, if required, must produce a certificate or other satisfactory evidence of his marriage; and provided that no soldier shall be taken on the married establishment whose wife is not substantially of European origin or descent.
Married establishment.
396. All married Warrant Officers and Non-Commissioned Officers above the rank of Corporal, not drawing consolidated pay, shall be included on the married establishment. A married Non-Commissioned Officer below the rank of Sergeant, or man, not drawing consolidated pay, who has served three years in the Permanent Forces shall be entitled to be placed on the married establishment provided that he has—
(a) informed his Commanding Officer of his intention to get married,
(b) produced, if so required, certificates or other satisfactory evidence of his marriage.
Sleeping out of quarters.
397. Soldiers are not to be allowed permanent passes to sleep out of barracks, except (1) those who are on the married establishment and who are of good character, and (2) widowers with children, if approved by the Commanding Officer. Such men must be regular in their duties, orderly in their lodgings or quarters, exact in their dress, and never leave their lodgings or quarters after tattoo, except on duty or with leave. Any man not obeying these orders is to be brought into barracks.
PART XI.—LEAVE OF ABSENCE.
DIVISION 1.—PERMANENT FORCES.
Ordinary leave.
398. (1) Every member of the Permanent Forces, after completion of twelve months’ service in the Permanent Forces, may be granted leave of absence for any period or periods not exceeding in the whole eighteen days in each financial year (exclusive of Sundays and holidays), provided that his services can be spared, and that the Commanding Officer approves.
(2) A record of all leave granted is to be kept in the authorized Book.
District Commandant to arrange leave.
399. District Commandants will make such arrangements as will allow each member of the Permanent Forces such leave of absence, but, if it is found impracticable to grant such leave in any year, or for any sufficient reason, the Military Board or District Commandant may permit the leave to be taken in the following year; provided that in other cases leave not taken during the years it accrues shall elapse.
Commanding Officers may grant leave.
400. In the case of soldiers, the leave of absence mentioned in Regulation 399 may be granted by Commanding Officers, subject to such limitations as may be found necessary, and laid down from time to time in Orders.
Extended leave without pay.
401. With the approval of the Governor-General, on the recommendation of the Military Board, leave of absence without pay may be granted to any officer or soldier, for any period not exceeding twelve months, but the period of leave shall not for any purpose be included as part of such officer’s or soldier’s period of service.
Case of pressing necessity.
402. In case of pressing necessity, the Military Board may grant leave of absence for a period not exceeding three months, with or without pay, to any officer or soldier, and such leave may be in addition to the leave for recreation.
Extra leave.
403. Officers or soldiers stationed in places remote from large centres of population, or whose duties cannot ordinarily be performed within usual regular hours, and when no compensation in time or money has been given for the extra time worked, may be granted by the Military Board, 24 days’ leave of absence in any year, exclusive of Sundays, for recreation purposes.
Accumulated leave.
404. Should an officer or soldier in a remote district not avail himself of leave in any year, it may be granted to him in a subsequent year, in addition to the leave for that year, but the accumulated leave shall not exceed 48 days exclusive of Sundays. This Regulation shall apply to all officers or soldiers stationed in localities where, under ordinary conditions of conveyance, the time occupied on the journey from such places to the chief city of the State is in excess of three days, or where, in the opinion of the District Commandant, the conditions are such as to warrant the granting of such leave.
Additional leave for travelling.
405. In very exceptional cases, to which Regulations 403 and 404 apply, the Military Board may, in addition to leave, grant such reasonable time for travelling, not exceeding two weeks, as circumstances warrant.
Short leave of absence.
406. (1) A member of the Military Board or District Commandant (or Commanding Officer, in the case of a soldier) may, on sufficient cause being shown, grant any officer or soldier leave of absence not exceeding three days; but all such periods of leave shall be properly recorded in the book kept for that purpose, and at the discretion of the authorities above-named, shall or shall not be deducted from the next annual leave or accumulated leave. Provided that if the leave granted under this Regulation to any officer or soldier exceeds three days in one year, the excess shall be deducted from the officer’s or soldier’s next annual leave.
(2) Leave granted to officers or soldiers for the purpose of carrying out duties imposed on them by these Regulations shall not, however, be deducted.
Long Leave.
Long leave.
407. When an officer or soldier has continued in the Permanent Forces at least twenty years, the Governor-General may grant to him, on the recommendation of the Military Board, leave of absence for a period not exceeding twelve months on half pay, or six months on full pay. Where an officer or soldier not having been granted such leave of absence retires from the service after at least twenty years’ service, the Governor-General, on the recommendation of the Military Board, may grant such officer or soldier six months’ pay on retirement, or upon the death of any officer or soldier who has continued in the Permanent Forces for at least twenty years, and has not been granted leave of absence under the provisions of this Regulation, the Governor-General, on the recommendation of the Military Board, may pay to the dependants of such deceased officer or soldier a sum equivalent to six months’ salary of such officer or soldier, or in cases where all or any of the dependants are under the age of twenty-one years, may authorize payment of the whole or part of such sum, on behalf of the dependants or such of them as are under the age of twenty-one years, to a person or persons approved by the Minister.
Provided that when an officer or soldier has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted, or, in the event of the retirement or death of an officer or soldier, whether payment may be made under the conditions prescribed herein, and as to the terms of such payment.
Eligibility for long leave.
408. Soldiers to be eligible for long leave, in addition to complying with the foregoing conditions, must have fulfilled the requirements for the medal for Long Service and Good Conduct, provided also that the number on long leave at any time does not exceed the following in each Military District—
1st Military District................................ | 3 |
2nd Military District................................ | 5 |
3rd Military District................................ | 5 |
4th Military District................................ | 3 |
5th Military District................................ | 2 |
6th Military District................................ | 2 |
Leave of absence prior to retirement.
409. (1) The Governor-General may, upon the recommendation of the Military Board, grant to any officer or soldier of satisfactory service, who is not eligible for the furlough prescribed in Regulation 407, prior to his retirement from the Service on or subsequent to his attaining the age for retirement, leave of absence with full pay as follows:—
Service of 16 years and under 20 years...................... | 5 months. |
Service of 12 years and under 16 years...................... | 4 months. |
Service of 8 years and under 12 years...................... | 3 months. |
Service of 4 years and under 8 years....................... | 2 months. |
Service of less than 4 years............................. | 1 month. |
(2) Or, in lieu of such leave, the Governor-General may, on the recommendation of the Military Board, grant to the officer or soldier a sum equivalent to the pay for such period of leave, or, in the event of the death of any officer or soldier who was eligible for but had not been granted the leave prescribed herein, may authorize payment to the dependants of such deceased officer or soldier of a sum equivalent to the pay of such officer or soldier for the period of leave which he could have been granted under this Regulation.
Provided that upon the death of an officer or soldier leaving dependants all or any of whom are under the age of twenty-one years, any sum of money payable to the dependants under this Regulation may be paid in whole or in part on their behalf or on behalf of such of them as are under the age of twenty-one years to a person or persons approved by the Minister.
(3) Commandants in forwarding a recommendation on behalf of a soldier under sub-regulations (1) and (2) of this Regulation will attach a copy of the regimental conduct sheet of such soldier, and certify that he has fulfilled the conditions entitling him to be awarded not less than a “very good” character on discharge.
State service to be counted.
410. When any person has been transferred or appointed from any position of a permanent nature in the service of a State or the Commonwealth to the Permanent Military Forces, such service shall, for the purposes of leave or grant under the provisions of Regulations 407 to 409, be reckoned as if it had been service in the Permanent Military Forces.
Public and proclaimed holidays.
411. (1) Any days prescribed under the law of any State to be observed as holidays in that State shall, as far as possible, be observed by the military offices.
(2) The Governor-General may also, by proclamation, at any time appoint, in addition to the days hereinbefore named, any specified day or specified part of a day to be kept as a holiday or half-holiday in the military offices of the Commonwealth, or in any part thereof.
Leave in lieu of public holidays.
412. (1) Should the Military Board, or District Commandant, or Commanding Officer, require the attendance and services of any officer or soldier during any holiday referred to in
Regulation 411, in that case every such officer or soldier will be granted in lieu thereof a holiday upon such other occasion as does not interfere with public business.
(2) This Regulation shall not apply to Sundays.
Leave of Absence on Ground of Illness.
Short periods.
413. In cases of sickness or ill-health the Military Board may, on the production of evidence supported by the certificate of the medical officer in charge of troops, of a duly qualified medical practitioner, or of a medical board, grant leave, not exceeding three months, in accordance with the following schedule:—
Length of Service in State and Commonwealth. | Period for which leave may be granted, on— | — | |
Full Pay. | Half Pay. | ||
| Months. | Months. | In exceptional cases, the Military Board may take any special circumstances into consideration, and may vary the scale of payments: Provided that in no case shall the leave granted exceed three months on full pay. |
Under 5 years........ | 1 | 2 | |
Over 5 years and under 10 years | 2 | 1 | |
Over 10 years........ | 3 | ... | |
District Commandant may grant sick leave.
414. District Commandants may grant leave of absence on full pay on the ground of illness in cases in which such leave does not exceed 30 days in any one year, provided the conditions and periods laid down in Regulation 413 are not exceeded.
Illness to be reported.
415. All cases of illness of officers of the Administrative and Instructional Staff of longer duration than 48 hours are to be reported to the Commandant of the District, and in the case of illness of a Commandant report is to be made to the Military Board by the Senior Permanent Officer of the District Staff.
Extended leave.
416. Where, in case of illness, an officer or soldier, who has received leave of absence for three months, is not so far recovered as to be able to resume his duties, further extensions of leave may be granted with the approval of the Governor-General, in accordance with the following schedule, provided that, on each extension of leave, the applicant shall be
subjected to an examination by the medical officer in charge of troops, or by a medical officer, or by a medical board, approved by the Military Board:—
Length of Service in State and Commonwealth. | Period for which leave may be granted, on— | — | ||
Half Pay. | Third Pay. | without Pay. | ||
| Months | Months. | Months. | In exceptional cases, special circumstances may be taken into consideration, e.g., where a person in discharge of his duty sustains injuries of such a nature as to incapacitate him for all duty this scale may be varied: Provided that in no case shall full pay be allowed for a period exceeding nine months in addition to leave granted by the Military Board on full pay. |
Under 5 years........ | 1 | 6 | 8 | |
Over 5 years and under 10 years | 3 | 6 | 6 | |
Over 10 years........ | 6 | 3 | 6 | |
417. Leave of absence on account of injuries sustained when in the discharge of duty shall be dealt with is prescribed in Regulations 413 to 416, but such leave shall not be counted as a portion of the leave which may, under these Regulations, he granted to an officer or soldier, on account of illness.
Medical certificate before resuming duty.
418. If any person is absent from duty on account of illness, and such absence has extended beyond three months, he shall not be permitted to return to duty unless and until the principal medical officer in charge of troops, or some other medical practitioner approved by the Military Board, or a medical board has certified that he is fit to resume work.
Rate of pay.
419. When extended leave is granted other than on full pay, the rate paid for Sundays and holidays shall be the same as that allowed for the period of leave.
Medical examination in cases of misconduct, &c.
420. (1) The Military Board or District Commandant may order a medical board or detail a medical officer to attend on and examine any officer or soldier, in cases where sickness or ill-health for which leave is requested has been caused by misconduct or other unsatisfactory reason. The same practice may be followed where an officer or soldier is suspected of malingering, and of absenting himself from duty without sufficient cause.
(2) A member of the Permanent Forces absent from duty for more than 42 days in any one year, on account of illness the result of misconduct, may be discharged as medically unfit.
C.9801.—D
Sick leave not recreation leave.
421. Leave of absence in case of illness shall not be reckoned as nor included in leave of absence for recreation.
Limit of sick leave.
422. (1) Sick leave allowed under Regulations 413 to 416 may be granted in one or more periods, but the aggregate amount of leave provided for in the schedules is intended to cover a period of three years, dating from the first absence on sick leave.
(2) The second or any subsequent triennial period will commence on the date of first absence on sick leave, following the date upon which the previous triennial period expired, and for the three years thus commencing, the full amount of leave provided in the schedules according to length of service may again be allowed.
DIVISION 2.—MEMBERS OF MILITIA FORCES NOT LIABLE TO BE TRAINED UNDER PART XII. OF THE ACT.
Leave.
423. (1) For the reasons stated in Regulations 424 and 425, leave of absence, not exceeding one month, may be granted by Commanding Officers to officers under their command, provided that a sufficient number of officers remains available for duty with their corps.
(2) Leave of absence, not exceeding three months, may be granted by Commanding Officers to warrant officers, non-commissioned officers, and men under their command.
(3) Applications for leave not exceeding one year (inclusive of leave specified in sub-regulations (1) and (2) of this Regulation) will be submitted to the District Commandant, who may approve of same.
(4) Applications for leave beyond the period specified in sub-regulation (3) of this Regulation will be submitted by the District Commandant, with his recommendation, for the consideration of the Military Board.
DIVISION 3.—MILITIA FORCES LIABLE TO BE TRAINED UNDER PART XII. OF THE ACT.
Leave of absence.
424. Leave of absence may be granted by Commanding Officers when such is necessary owing to temporary absence from the locality, but the member will, if such absence is over one month, or during continuous training, be required to train with some other convenient unit, unless residing at a locality which is not within five miles from a place appointed for training. Notification of such training performed elsewhere will be made on the authorized Form.
Illness.
425. Leave of absence may similarly be granted for illness or other unavoidable cause, and in other very special cases. In cases of illness, the Commanding Officer may, if he think fit, require a medical certificate.
Absence to be made good.
426. (1) In cases where illness exceeds fourteen days, it shall not be necessary for the member to attend any parades in substitution for those which he failed to attend during such illness, but in case of a member being ill for any less period than fourteen days he shall be required to attend alternative parades of equivalent duration to the compulsory parades missed.
(2) Leave is to be recorded on the authorized form
Illness from misconduct.
427. (1) Persons suffering from venereal diseases or other complaints arising through their own misconduct or neglect will not be permitted to attend parades until certified by a medical practitioner as fit to undergo training.
(2) When certified as fit, such persons will be required to attend sufficient compulsory and alternative parades to enable them to quality for efficiency, and any such persons returned as non-efficient will be liable for additional training under section 133 of the Act.
PART XII.—GARRISON AND REGIMENTAL DUTIES.
DIVISION 1.—EXCHANGE OF DUTIES.
Exchange of duties.
428. An officer detailed in orders is not to exchange his duty with another without the permission of the authority by whom he was detailed.
Majors and brevet field officers.
429. All majors will do garrison duty as field officers. Brevet field officers are to do duty as field officers in camp and garrison, but they are also to perform regimental duties, according to their regimental rank. When performing garrison duties as field officers, they will be mounted.
DIVISION 2.—DAILY DUTIES.
Reveille.
430. Reveille is to be the signal for the troops to rise, and clean and arrange their barrack-rooms or camps.
No bugle, &c., sounds after tattoo.
431. Between tattoo and reveille no call is to be sounded, or drum beaten, except “lights out,” which is to be sounded a quarter of an hour after “last post” of tattoo, and the “alarm,” and the fire alarm or other signal for troops to turn out. On the “alarm” being sounded, all troops will turn out under arms.
Duties of field officer of the day.
432. The field officer of the day is to be present at garrison guard mounting, and is to visit all guards by day and night; these duties will be performed mounted, unless otherwise ordered. He will take command of the picquets in case of fire, riot, or alarm. In the morning, when the guards dismount, the reports of their commanders are to be forwarded by the field officer to the officer commanding the station, together with his own report, in which he is to note any irregularity or unusual occurrence that came under his observation during his tour of duty.
Captain to act as field officer.
433. In small garrisons, captains are to do the duty of field officer of the day in the same manner in all respects as field officers, except that their being mounted may be dispensed with. When the guards are numerous or widely distributed, a captain
as well as a field officer of the day may be detailed, and the former may be directed to perform a portion of the field officer’s duties.
Captain and subaltern of the day.
434. A captain of the day or week and a subaltern of the day will be detailed in each unit to superintend regimental duties and internal economy.
Adjutant of the day, &c.
435. An adjutant of the day and any regimental staff, including bands and drummers, required for garrison duties, are to be furnished when required from the regiments in garrison or camp, according to roster.
DIVISION 3.—GUARDS AND PICQUETS.
Guard mounting.
436. District Commandants are responsible that the number of garrison and regimental guards and picquets, and the men employed thereon, is maintained at the lowest possible limit consistent with local requirements. The daily guards and picquets will mount at the hours the District Commandant may deem best suited to the climate and season. When no orders on this subject are issued they will mount at 6 p.m. All guards and armed parties are, before going on duty, to be inspected by the adjutant, or some officer of their corps.
Duties of commander of guards.
437. Commanders of guards are to make themselves acquainted with the orders for their guards, as well as with those for each sentry’s post. The standing orders of the guard are to be read and explained to the men as soon as the guard has mounted. Every relief is to be inspected before going out, and on its return.
Irregularities of guard.
438. Commanders and non-commissioned officers of guards will exercise the greatest vigilance to insure the efficient performance of all duties and to check irregularities on the part of their guards. Neither officers nor soldiers are to take off any article of clothing or accoutrements while on guard, but the wearing of the great coat or cloak in the guard-room will be optional. Officers and soldiers are to be at all times alert and vigilant in the performance of their night duties.
Visiting sentries.
439. The commander will visit his sentries at least twice by day and twice by night to ascertain that they are alert on their posts and acquainted with their orders, and, in addition, he will send a non-commissioned officer with a file of men to perform the same duty at frequent and uncertain intervals.
Officers and men not to quit their guards.
440. Commanders are never to quit their guards except to visit their sentries, and will then inform the next in command of their intention and the probable time they will be absent. They are also to prevent any non-commissioned officer or soldier from quitting the guard without leave, which is to be granted only for special purposes.
Reveille, retreat, and tattoo.
441. All guards are to turn out at the commencement of the reveille, retreat, and tattoo sounding. The commanders will then carefully inspect them, and ascertain that all the men are present and regular.
Fire or other alarm.
442. When a fire breaks out or an alarm is raised, all guards are immediately to turn out under arms, and so continue until the fire is extinguished, or the cause of alarm has subsided, unless otherwise ordered.
Relief of sentries.
443. Sentries will be relieved every two hours; but at night, in cold or inclement weather, they may, at the discretion of the officer commanding, be relieved every hour. Regimental arrangements should be made for hot coffee to be provided free of charge at some period of the night (for instance, at 1 a.m.) for each man of the guard.
Stable guards.
444. Sentries furnished by stable guards will mount with or without arms, at the discretion of the Commanding Officer.
Guard reports.
445. In their guard reports, which are to be rendered on the authorized form, commanders are to mention the hours at which they went their rounds personally, and caused the sentries to be visited, as well as the hours at which their guards were visited by officers on duty, and by “rounds.” They are also to send an immediate report to the field officer or captain of the day of any unusual occurrence that may happen on or near their guards.
Inspection of guards on being dismounted.
446. All guards are on dismounting to be marched to their regimental parades, where they are to be inspected and their arms examined. In the case of an officer’s guard, the men, after this inspection, are to be dismissed by the commander after he has reported to any officer of superior rank present on the parade. If the commander of the guard is a non-commissioned officer, and no officer is present on the parade, a report is to be made to the adjutant or orderly officer previous to dismissal.
Young officers to be supernumerary.
447. Young officers are to be placed on guard with senior officers as supernumeraries for instruction, and no officer is to be placed in command of a guard until he is acquainted with the duties of that position.
Responsibility for stores, &c.
448. All stores and furniture in charge of a guard are to be handed over from one commander to another. The commander of the relieving guard will be responsible for their correctness, and will in his report note the condition of each article when taken over.
DIVISION 1.—COMPLIMENTS BY GUARDS.
Guards saluting
449. Guards, including guards of honour, mounted, over the person of the King and members of the Royal Family will pay no compliments except to members of the Royal Family, and guards, including guards of honour, mounted over the Governor-General and Governors within their respective governments will pay no compliments to officers or persons of less degree. When any such guards are visited by officers on duty, they will turn out to them with sloped arms.
Compliments by guards.
450. Guards are at all times to turn out and pay the compliments specified in Regulation 207 to general officers in uniform, and to civil governors within the limit of their jurisdiction. Guards and parties on the march will also pay the prescribed compliments to general officers in uniform.
Bugle and drum.
451. No officer under the rank of general officer is entitled to the compliment of the bugle sounding a flourish, or the drum beating a ruffle, when guards “present arms” to him. No officer who is not dressed in uniform is entitled to the compliment of a guard turning out, except members of the Royal Family, the Governor-General; and Governors or officers administering the government within the precincts of their governments.
Compliments to commanding officers.
452. To regimental commanding officers—irrespective of their rank—their regimental guards are to turn out and present arms once a day.
To officers passing.
453. When a general officer in uniform, or a person entitled to a salute, passes in rear of a guard, the commander is to cause his guard to fall in and stand with sloped arms, facing the front, but no drums are to beat or bugle to sound. When such officers pass guards while in the act of relieving, both guards are to salute as they stand, receiving the word of command from the senior commander.
Guards to turn out under arms.
454. Guards are to get under arms at all times when armed parties of any branch of the service approach their posts; to armed corps* they will present arms, and before other armed parties they will stand with sloped arms. They will not pay compliments between sounding of “retreat” and “reveille,” and will not turn out to an unarmed party. A mounted party, armed, will draw and carry swords to all guards turning out to it.
Sentries saluting.
455. Sentries will present arms to general and field officers, and to all armed parties, and slope to officers of inferior rank. Sentries furnished from a Royal guard will “present arms” only to members of the Royal Family, or to armed corps; when officers of whatever rank pass their posts in uniform, they will stand with sloped arms. In the same manner sentries furnished from guards over the residences of the Governor-General and Governors will not present arms to persons of less degree.
Sentries over general officers’ quarters.
456. Sentries mounted over the quarters of a general officer will “present arms” to general officers only; to officers below that rank they will stand with sloped arms.
Compliments to officers of other services.
457. All guards and sentries are to pay the same compliments to commissioned officers of the Royal Navy, Royal Marines, His Majesty’s Army, and the Royal Australian Navy—when in uniform—as are directed to be paid to officers of the Military Forces. Guards and sentries will pay compliments to commissioned officers of the departments of the Military Forces according to their ranks, or corresponding ranks, as the case may be.
* By the expression “armed corps” is meant a regiment of Light Horse, a battery of Artillery with its guns, a brigade of Artillery without guns, Garrison Artillery of not less than two companies, Engineers of not less than four companies, and a battalion of infantry, with or without colours.
PART XIII.—DISCIPLINE. COURTS-MARTIAL. MILITARY ARREST AND CUSTODY. COURTS OF INQUIRY.
DIVISION 1.—GENERAL.
Mode of complaint by officer.
458. If an officer thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, he may complain, in writing, to the District Commandant, who is hereby required to examine into such complaint. If he thinks himself wronged by the District Commandant, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof through the proper channel to the Military Board.
Mode of complaint by soldier.
459. If any soldier thinks himself wronged in any matter by any officer other than the officer commanding his company, or by any soldier, he may complain thereof to the officer commanding his company, and if he thinks himself wronged by the officer commanding his company, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his Commanding Officer, and if he thinks himself wronged by his Commanding Officer either in respect of his complaint not being redressed, or in respect of any other matter, he may complain thereof to the District Commandant; and every officer to whom a complaint is made in pursuance of this Regulation shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of. If he thinks himself wronged by the District Commandant, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof, through the proper channel, to the Military Board. A soldier may, if he so desire, submit his complaint in writing.
Who are subject to military law.
460. The Permanent Forces shall at all times, and members of the Militia Forces when on duty or in uniform, be subject to military law, within the meaning of these regulations.
Prevention of crime.
461. Commanding Officers are to use every effort to prevent crime and to suppress any tendency to screen its existence. For first offences, not of an aggravated character, admonition is the most suitable treatment. Punishment should only be resorted to when admonition has failed to have effect.
Treatment of soldiers.
462. Officers of all ranks will adopt towards their subordinates such methods of command and treatment as will not only insure respect for authority, but also foster the feelings of self-respect and personal honour essential for military efficiency.
Same rule for W.O.’s and N.C.O.’s.
463. Warrant officers and non-commissioned officers will be guided by the foregoing principles in dealing with each other and with private soldiers. They will at all times avoid intemperate language or an offensive manner.
Reproof of N.C.O.’s.
404. Officers are not to reprove warrant or non-commissioned officers in the presence or hearing of privates, unless it is necessary for the benefit of example that the reproof be public.
Courts martial on N.C.O.’s.
465. No non-commissioned officer above the rank of corporal is to be tried by any court martial inferior to a district court martial, except when a district court martial cannot, having due regard for the public service, be assembled. Of these circumstances the District Commandant will decide.
Responsibility of officers in general.
466. Officers are at all times responsible for the maintenance of good order and the rules and discipline of the service; they are to afford the utmost aid and support to the Commanding Officer. It is their duty to notice, repress, and instantly report, any negligence or impropriety of conduct in non-commissioned officers and private soldiers, whether the offenders do or do not belong to their particular regiment, corps, troop, battery, or company.
Members of Instructional Staff constitute a corps.
467. (1) Members of the Administrative and Instructional Staff shall constitute a Corps, and the Adjutant-General shall, for the purposes of discipline, be the officer commanding such corps.
(2) Members of the Administrative and Instructional Staff, including Military Staff Clerks, serving under a District Commandant or other officer who may be appointed by the Military Board to command any portion thereof, constitute a corps, and such District Commandant or any officer not below the rank of Captain whom such District Commandant may appoint, or such other officer appointed by the Military Board as aforesaid, as the case may be, shall be the officer commanding such corps for the purposes of discipline, but for appointment, promotion, and transfer from one Military District to another, such members shall be under the administration of the Adjutant-General.
Commanding Officer Army Service Corps.
468. The members of the Australian Army Service Corps (permanent) shall be under the command of the Assistant or Deputy Assistant Quartermaster-General of the Military District, or, in his absence, the officer detailed in District Orders to perform the duties of that office.
“Commanding officer” in case of the reserve forces.
469. Officers and soldiers of the Reserve Forces, attached to and administered as part of any regiment or corps, form part of such regiment or corps. In other cases, officers and soldiers of the Reserve Forces shall be under the command of the officers respectively whose duty it is to administer the affairs of that portion of the Reserve Forces to which the officers and soldiers belong, and the officers and soldiers under the command of each such officer as aforesaid shall constitute a corps.
Use of outside influence.
470. (1) The use of outside influence to support applications for personal advantages or in any matter affecting the position of a member of the Forces is contrary to discipline, and the only proper course is to apply through his Commanding Officer. Any attempt to obtain favorable consideration to requests or grievances by other means will prejudice the application, and will be severely dealt with.
(2) Attempts to obtain favorable consideration for such applications by the use of outside influence will be regarded as an admission on the part of the applicant that his case is not sufficiently good upon its own merits.
(3) Complaints must not be made through paragraphs in the Press.
(4) The District Commandants will, further, be prepared to investigate complaints of every nature which it may not be possible to bring forward in the usual official manner.
(5) Disregard of the above instructions constitute a breach of discipline.
Publishing military information
471. Officers and soldiers are forbidden to publish or communicate to the press any information, without special authority, either directly or indirectly. They will be held responsible for all statements contained in communications to their friends which may subsequently be published in the press.
Public discussions.
472. They are not to attempt to prejudice questions under investigation by the publication, anonymously or otherwise, of their opinions, and they are not to attempt to raise a discussion in public about orders, regulations, or instructions issued by their superiors.
Commanding Officer’s authority.
473. A Commanding Officer’s authority is paramount, whether on the parade or in any other situation. He should give his best attention to promote a good understanding amongst the officers by advice to the young and inexperienced, by timely interference to prevent disputes, and by taking immediate notice of any conduct likely to interrupt the harmony of the corps; he should explain to the officers in the most forcible manner the consequences of allowing themselves to be misled by erroneous notions and false principles of honour, and he should encourage them, in the event of any dispute or difference arising, to make him the arbiter, as the person more immediately responsible for maintaining unblemished the honour and character of the corps; and his decision and disposal of the question should be considered as final.
Officers of Militia Forces
474. The Militia Forces being composed of officers and men who devote only a portion of their time to military drill and training, it is necessary that officers should maintain at all times that courtesy towards each other which is calculated to perpetuate friendly and social relations between them, and create an “esprit de corps.” An officer not in uniform should not comport himself, as regards the affairs of his corps and his intercourse with officers, in any manner different from what he would if he and they were in uniform. If officers act in any other way as private citizens, in respect to their immediate military responsibility, discipline cannot be maintained in a satisfactory manner, and the harmonious working of the machinery necessary to keep the organization of a corps in an efficient condition will be endangered.
Praise or censure of superiors forbidden.
475. Deliberations or discussions by officers or soldiers with the object of conveying praise, censure, or any mark of approbation towards their superiors or any others of the Commonwealth Military Forces are prohibited. The publication of laudatory orders on officers quitting a station or
relinquishing an appointment is forbidden. Commanding Officers are to refuse to allow subscriptions for testimonials in any shape to superiors on quitting the service or on being removed from their corps. Every officer will be held responsible should he allow himself to be complimented by officers or soldiers, who are serving, or who have served, under his command by means of presents of plate, swords, &c., or by any collective expression of their opinion.
Recommendations.
476. Officers are forbidden to forward testimonials relating to their services or character, with any application they may make. In the event of an officer wishing that the opinions of officers under whom he has served should be brought to notice he will submit their names, so that if necessary they may be referred to.
Officer’s character impugned.
477. Every officer, whose character or conduct as an officer and gentleman has been impugned, must submit the case within a reasonable time to his Commanding Officer, or other competent military authority, for investigation. Pending the investigation an officer may be suspended from duty, in which case he will be placed under the same restrictions as an officer in open arrest.
Bankruptcy, &c.
478. If any officer by bankruptcy, liquidation, composition, or other like legal proceeding, finds himself unable to meet his engagements, he should at once notify the fact to his Commanding Officer. The latter will then at once ascertain and report the circumstances of the case for the information of the Military Board, who will investigate each case, and decide whether the officer can be permitted to hold his commission.
Performance of work outside military service.
479. No Officer of soldier of the Permanent Forces, except on the recommendation of the Military Board, and with the express permission of the Governor-General, shall—
(a) Accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation; or
(b) Accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or
(c) Engage in or undertake any such business whether as principal or agent; or
(d) Engage or continue in the private practice of any profession; or
(e) Accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth.
Provided that nothing herein contained shall be deemed to prevent an officer or soldier from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere.
Religious and political meetings.
480. (1) Officers and soldiers are forbidden when in uniform to institute or attend any meeting, demonstration, or procession for any religious or political purpose.
(2) This Regulation applies to bands of regiments or corps.
(3) This Regulation does not apply to—
(a) Attendance at church or funeral services; or to
(b) Attendance at charity gatherings, for which authority has been duly obtained from District Head-quarters.
Gambling forbidden.
481. All gambling in garrisons, camps, or bivouacs is forbidden. This includes bookmaking or acting as an agent for a bookmaker.
Blasphemy, indecency, immorality.
482. (1) It shall be a military offence for any member of the Military Forces or Senior Cadets, when on duty, to use blasphemous or obscene language, to speak or act indecently, or engage in immoral conversation.
(2) Any person contravening this Regulation is liable to a penalty not exceeding Ten pounds under the provisions of section 85 of the Act.
Liquor forbidden except for medical purposes.
483. Liquor, as defined by section 123a of the Act, may be kept in a military canteen, camp, fort, or post only when such liquor is the property of the Government, and in the charge of the officer commanding a Military Hospital, or, if there is no Military Hospital, the Senior Medical Officer of the camp, fort, or post. And such officer shall make and certify to a return monthly, or at the termination of any such camp, to be rendered to the District Commandant, showing the quantity and nature of all such liquor received and issued, and the disposal of the balance. Where such camps, forts, and posts are detached, all within one mile of one another they shall be considered one camp, fort, or post, within the meaning of the Act.
Canteens of regular troops.
484. The prohibition in respect to liquor does not apply to canteens, camps, forts, posts, or barracks at which training of those liable under Part XII. of the Act is not being carried out, but liquor shall not be supplied to or consumed therein by such persons.
Medical issue of liquor or substitute.
485. (1) Intoxicating or spirituous liquor, ordered by a medical authority to be issued to troops in bad weather, or on other special occasions, shall be consumed in the presence of officers commanding companies or like units, and the issue and consumption of the liquor shall be carried out in such a manner that no one who refuses the issue shall be subjected to ridicule, and no issue shall be made to persons under 21 years of age whose parents have notified the Commanding Officer, in writing, that they so desire.
(2) Ordinarily, in cases of severe weather or excessive fatigue, an extra issue of coffee, tea, or cocoa, and sugar should be made to the troops, rather than liquor.
Religion.
486. Member of the Forces who has conscientious objection shall be compelled to answer any question as to his religion, nor shall any regulation or other order compel attendance at any religious service.
Recovery of fines inflicted by C.O. or Court Martial.
487. (1) Fines of members of the Militia Forces inflicted by a Court Martial or a Commanding Officer for any of the offences summarily dealt with by him, shall be stopped from the pay of the member fined unless paid by him in full in any other manner. Such fine shall be deducted from the first pay accruing to such member, but in the event of there being an insufficient sum available an amount shall be withheld from any subsequent pay until the full fine has been recovered.
(2) Provided that notwithstanding anything contained in the preceding sub-regulation any fine may be recovered in a Court of Summary Jurisdiction.
DIVISION 2.—OFFENCES.
Civil and military offences.
488. (1) It is to be borne in mind that a soldier is not only a soldier, but a citizen also, and as such is subject to the civil as well as to the military law. Offences of a military character are enumerated in the Act and Regulations.
(2) Offences punishable by military as well as civil law should not as a rule be tried by court martial, when the offence is not of a military character and is punishable by a competent civil or criminal court.
(3) The officer who is authorized to convene a court martial for the trial of the person charged with such offence shall decide whether the case shall be tried by court martial.
Militia Forces not to be tried by court-martial if summary punishment adequate.
439. Members of the Militia and Reserve Forces should not be remanded for trial by court martial by Commanding Officers, however difficult the case may be for decision, if the offence is one for which, if proved, a summary punishment would be adequate.
Offences on Active Service.
Application of Army Act, &c.
490. Members of the Military Forces shall, at all times, while on active service, be subject to the Army Act, save so far as it is contrary to or inconsistent with the provisions of the Defence Act, and shall be liable to be arrested, tried, and punished in the manner laid down in the Army Act, and the Rules of Procedure and Regulations made thereunder. Provided that section 127 of the Army Act shall not apply to the Military Forces.
Failure to appear on parade.
491. (1) Every member of the Citizen Forces who, having been called out for active service, fails to appear at the place of parade or rendezvous appointed by his. Commanding Officer shall, on conviction by a court of summary jurisdiction, be liable to be committed to confinement in the custody of any military officer for a period not exceeding three months.
(2) Any person committed to the custody of an officer in pursuance of this regulation may be detained by that officer at any institution or place kept or used for military purposes, and while so detained shall be subject to the regulations governing that institution or place and to training and discipline as prescribed.
Absence without leave.
492. Every member of the Citizen Forces who, having been called out for active service, absents himself without leave from his corps for a longer period than seven days, may, in addition to any other penalty to which he may be liable, be arrested by any member of the Defence Force or by any Police officer of the Commonwealth or a State on a warrant or order issued by his Commanding Officer, and may thereupon be handed over to his Commanding Officer with the intent that he shall perform the service required of him.
Application of Army Act to Military Forces.
493. (1) In the application of section 163 of the Army Act to the Military Forces—
I. any reference in sub-section 1 (b) to a “Secretary of State” shall be read as a reference to the “Minister of State for Defence”;
II. any reference in sub-section 1 (b) to the Army Council shall be read as a reference to the Military Board;
III. sub-section 1 (c) shall be read as if there were inserted after the words “army circulars or orders,” wherever they appear, the words “military, district or regimental orders.” (Section 54a, 55, D.A.)
(2) In the application of section 33 of the Army Act to the Military Forces that section shall be read as if the words “officer or justice” were substituted for the word “justice” where it appears therein.
Offences not on Active Service.
Enumeration of offences not on active service.
494. (1) When not on Active Service every person, subject to military law, who commits any of the following offences, that is to say:—
(i) Without orders from his superior officer, leaves his guard, picquet, patrol, or post; or
(ii) Forces a safeguard; or
(iii) Forces or strikes a soldier when acting as sentinel; or
(iv) Being a soldier, acting as sentinel, sleeps or is drunk on his post, or leaves his post before he is regularly relieved; or
(v) Causes or conspires with any other persons to cause any mutiny or sedition in the Military or Naval Forces of the Commonwealth, or in any other of His Majesty’s Forces; or
(vi) Endeavours to seduce any person in such forces from allegiance to His Majesty, or to join in any mutiny or sedition; or
(vii) Joins in, or being present does not use his utmost endeavours to suppress any mutiny or sedition in any such forces; or
(viii) Coming to the knowledge of any actual or intended mutiny or sedition in any such forces does not, without delay, inform his Commanding Officer of the same; or
(ix) Strikes or uses or offers any violence to his superior officer, being in the execution of his office; or
(x) Strikes or uses or offers any violence to his superior officer, or uses threatening or insubordinate language to his superior officer; or
(xi) Disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office, whether the same is given orally, or in writing, or by signal, or otherwise; or
(xii) Disobeys any lawful command given by his superior officer; or
(xiii) Being concerned in any quarrel, fray, or disorder, refuses to obey any officer (though of inferior rank) who orders him into arrest, or strikes, or uses, or offers violence to any such officer; or
(xiv) Strikes, or uses, or offers violence to any person, whether subject to military law or not, in whose custody he is placed, and whether he is, or is not, his superior officer; or
(xv) Resists an escort whose duty it is to apprehend him or to have him in charge; or
(xvi) Being a soldier breaks out of barracks, camp, or quarters; or
(xvii) Neglects to obey any regulation or other order; or
(xviii) Deserts, or attempts to desert, His Majesty’s service; or
(xix) Absents himself without leave; or
(xx) Fails to appear at the place of parade or rendezvous appointed by his Commanding Officer, or goes from thence without leave before he is relieved, or without urgent necessity quits the ranks; or
(xxi) Being a soldier, when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited by any order, without a pass or written leave from his Commanding Officer; or
(xxii) Being an officer, behaves in a scandalous manner, unbecoming the character of an officer and a gentleman; or
(xxiii) Being charged with or concerned in the care or distribution of any public or regimental money or goods, steals, fraudulently misapplies, or embezzles the same, or is concerned in or connives at the stealing, fraudulent misapplication or embezzlement thereof, or wilfully damages any such goods; or
(xxiv) Malingers, or feigns or produces disease or infirmity; or
(xxv) Wilfully maims or injures himself or any other soldier, whether at the instance of such other soldier or not, with intent thereby to render himself or such other soldier unfit for service, or causes himself to be maimed or injured by any person, with intent thereby to render himself unfit for service; or
(xxvi) Is wilfully guilty of any misconduct, or wilfully disobeys, whether in hospital or otherwise, any orders, by means of which misconduct or disobedience he produces or aggravates disease or infirmity, or delays its cure; or
(xxvii) Steals or embezzles or receives, knowing them to be stolen or embezzled, any money or goods the property of a comrade or of an officer, or any money or goods belonging to any regimental mess or band, or to any regimental institution, or any public money or goods; or
(xxviii) Is guilty of any offence of a fraudulent nature not particularly specified in the Defence Act or these Regulations, or of any other disgraceful conduct of a cruel, indecent, or unnatural kind; or
(xxix) Commits the offence of drunkenness, whether on duty or not on duty; or
(xxx) When in command of a guard, picquet, patrol, or post, releases without proper authority, whether wilfully or otherwise, any person committed to his charge; or
(xxxi) Wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard; or
(xxxii) Unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
(xxxiii) Having committed a person to the custody of any officer, non-commissioned officer, provost-marshal, or assistant provost-marshal, fails, without reasonable cause, to deliver at the time of such committal, or as soon as practicable, and in any case within 24 hours thereafter, to the officer, non-commissioned officer, provost-marshal, or assistant provost-marshal, into whose custody the person is committed, an account in writing, signed by himself, of the offence with which the person so committed is charged; or
(xxxiv) Being in command of a guard, does not, as soon as he is relieved from his guard or duty, or if he is not sooner relieved, within twenty-four hours after the person is committed to his charge, give in writing to the officer to whom he may be ordered to report the person’s name and offence, so far as known to him, and the name and rank of the officer or other person by whom he was charged, accompanied, if he has received the account above mentioned, by that account; or
(xxxv) Being in arrest or confinement, or in prison, or in a place of detention, or otherwise in lawful custody, escapes, or attempts to escape; or
* (xxxvi) Loses by neglect, or wilfully injures his arms, ammunition, equipments, instruments, clothing, or any property belonging to a comrade, or to an officer, or to any regimental mess or band, or to any regimental institution, or any public property, or any horse of which he has charge, or ill-treats any horse used in the public service; or
* Unlawfully disposing of arms, accoutrements, or other military articles is to be dealt with under section 79 (a) of the Defence Act.
(xxxvii) Makes a false accusation against any officer or soldier, knowing such accusation to be false; or
(xxxviii) In making a complaint where he thinks himself wronged, knowingly makes any false statement affecting the character of an officer or soldier, or knowingly and wilfully suppresses any material facts; or
(xxxix) Being a member of the Defence Force, is discovered to have made a wilfully false answer to any question set forth in the attestation paper which has been put to him by or by the direction of the officer or justice before whom he appears for the purpose of being attested; or
(xl) Uses traitorous or disloyal words regarding the Sovereign; or
(xli) Being an officer or non-commissioned officer, strikes or otherwise ill-treats a soldier; or
(xlii) On application being made to him, neglects or refuses to deliver over to the civil magistrate, or to assist in the lawful apprehension of, any officer or soldier accused of an offence punishable by a civil court; or
(xliii) Is guilty of any act, conduct, disorder, or neglect to the prejudice of good order and military discipline; or
(xliv) Uses blasphemous or obscene language or speaks or acts indecently or engages in immoral conversation when on duty; or
(xlv) Being cognizant of any desertion or intended desertion of a person subject to Military Law, does not forthwith give notice to his Commanding Officer, or take any steps in his power to cause the deserter, or intending deserter, to be apprehended; or
(xlvi) In any report, return, muster roll, pay list, certificate, book, route, or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy—
(a) Knowingly makes or is privy to the making of any false or fraudulent statement; or
(b) Knowingly makes or is privy to the making of any omission with intent to defraud; or
(xlvii) Knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters, or makes away with any document which it is his duty to preserve or produce; or
(xlviii) When signing any document relating to pay, arms, ammunition, equipments, clothing, regimental necessaries, provisions, furniture, bedding, blankets, sheets, utensils, forage, or stores, leaves in blank any material part for which his signature is a voucher; or
(xlix) Refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; or
(l) When examined on oath or solemn declaration before a court-martial, or any court or officer authorized to administer an oath, wilfully gives false evidence; or
(li) Having been discharged with disgrace* from any part of His Majesty’s Forces, or having been dismissed with disgrace from the Navy, is discovered to have afterwards enlisted in the Permanent Forces without declaring the circumstances of his discharge or dismissal; or
(lii) Whether serving with any of His Majesty’s Forces or not, without due authority, either verbally or in writing, or by signal or otherwise, discloses the numbers or position of any forces, or any magazines or stores thereof, or any preparations for, or orders relating to, operations or movements of any forces, at such time and in such manner as, in the opinion of the court, to have produced effects injurious to His Majesty’s service; or
(liii) Commits the offence of fraudulent enlistment,† that is to say:—When belonging to either the Royal Navy, Imperial Regular Forces, or Special Reserve, or any portion of the Defence Force of Australia again enlists or enrols himself in the Defence Force, without first having obtained a regular discharge therefrom, or otherwise fulfilled the conditions enabling him to enlist,
(liv) Neglects or refuses to pay any penalty or fine for an offence against the Act and Regulations by order of a civil court, by sentence of court martial, or by award of a Commanding Officer,
(lv) Neglect of duty,
(lvi) Is or has been negligent or careless in the discharge of his duties, or by his neglect, default, carelessness, non-observance of or non-compliance with regulations, military orders or other instructions, improper discharge of his duties, or otherwise, causes or has caused a loss to a comrade, an officer, any regimental mess or band, any regimental institution, or the government of any money or goods.
shall, on conviction by court martial, or by a civil court, be liable to suffer one or more of the penalties set forth in Regulation 495.
(2) For the purpose of paragraph (li), the expression “discharged with disgrace from any part of His Majesty’s Forces” means discharged with ignominy, discharged as incorrigible and worthless, discharged for misconduct, or discharged on account of conviction for felony or of a sentence of penal servitude.
* See sub-regulation (2). † See sub-regulation (3).
(3) Where an offender has fraudulently enlisted, he may, for the purposes of paragraph (liii), be deemed to belong to anyone of the regiments or corps to which he has been appointed, enlisted, enrolled, or transferred, as well as to that to which he properly belongs.
Scale of punishments by courts martial.
495. Punishments may be inflicted in respect of offences committed by persons subject to Military Law and convicted by courts martial or civil courts:—
(a) In the case of officers, according to the scale following:—
(i) Imprisonment, with or without hard labour, for a term not exceeding three months.
(ii) Dismissal from the Defence Force.
(iii) Forfeiture in the prescribed manner of seniority of rank, either in the Defence Force or in the corps to which the offender belongs, or in both.
(iv) Payment of a pecuniary penalty not exceeding Twenty pounds.
(v) Reprimand, or severe reprimand.
(vi) Payment of such amount as is sufficient to make good any loss or damage occasioned by the wilful act, default, negligence, carelessness, non-observance of or non-compliance with regulations, military orders, or other instructions, improper discharge of duty or otherwise of the offender as is mentioned in paragraphs (xxxvi) and (lvi) of Regulation 494.
(b) In the case of soldiers, according to the scale following:—
(i) (a) Imprisonment, with or without hard labour, for a term not exceeding three months.
(b) Detention for a term not exceeding three months.
(ii) Discharge with ignominy from the Defence Force.
(iii) In the case of a warrant or non-commissioned officer, forfeiture in the prescribed manner of seniority of rank or reduction to a lower grade, or to the ranks.
(iv) Forfeitures, fines, and stoppages, not exceeding Twenty pounds.
(v) Payment of such an amount as is sufficient to make good any loss or damage occasioned by the wilful act, default, negligence, carelessness, non-observance of or non-compliance with regulations, military orders, or other instructions, improper discharge of duty or otherwise of the offender as is mentioned in paragraphs (xxxvi) and lvi) of Regulation 494.
Provided that—
(i) For the offence mentioned in paragraph (xxii) of Regulation 494, the punishment shall be dismissal.
(ii) An officer shall be sentenced to be dismissed before he is sentenced to imprisonment.
(iii) An officer when sentenced to forfeiture of seniority of rank may also be sentenced to reprimand or severe reprimand.
(iv) A soldier, when sentenced to imprisonment, may, in addition thereto, be sentenced to be discharged with ignominy from the Defence Force.
(v) In addition to or without any other punishment in respect of any offence, an offender convicted by court martial or civil court may be subjected to forfeiture of any deferred pay, service towards pension, military decoration, or military reward (subject to the conditions under which such was issued), or to any deduction from his pay authorized by the Act or these Regulations.
(vi) A non-commissioned officer sentenced by court martial or civil court to imprisonment or detention, or to a fine of Five pounds or more, shall be deemed to be reduced to the ranks.
(vii) In addition to or without any other punishment in respect to any offence, a non-commissioned officer convicted by court martial or civil court may be reduced to any lower grade or to the ranks.
(viii) In addition to or without any other punishment in respect of any offence, an offender convicted by court martial may be sentenced to pay such amount as is sufficient to make good any loss or damage occasioned by his wilful act, default, negligence carelessness, non-observance of or non-compliance with regulations, military orders or other instructions improper discharge of duty, or otherwise as is mentioned in paragraphs (xxxvi) and (lvi) of Regulation 494.
DIVISION 3.—ARREST AND MILITARY CUSTODY.
Provisions of the Act.
496. It provided by section 113 of the Act that—
“Any member of the Defence Force charged with any naval or military offence when on duty or wearing his uniform may be arrested, pursuant to the order of an officer authorized by the Regulations to issue such order, by any other member of the Defence Force, and detained in naval or military custody until he can be tried for the offence, but in the case of members of the Militia Forces such arrest or custody shall not continue longer than while the corps or ship’s company to which such member belongs shall then remain under arms or on duty, or if not then on duty, until such member shall have resumed civilian attire, which he shall, without unnecessary delay, be permitted to do.”
Who may arrest and be arrested.
497. Subject to Regulation 496—
(a) A military member of the Military Board may order into military custody any officer; a District Commandant may order into military custody any officer under his command; any officer may order into military custody an officer of inferior rank, or any soldier, and also an officer (though he be of higher rank) engaged in a quarrel, fray, or disorder; and any officer or soldier may take into military custody any officer or soldier pursuant to the order of an officer authorized by this Regulation to issue such order, and such order shall be obeyed, notwithstanding the officer giving the order and the person in respect of whom the order is given do not belong to the same corps, arm, or branch of the service.
(b) An officer or non-commissioned officer commanding a guard or a provost-marshal or assistant provost-marshal shall not refuse to receive or keep any person who is committed to his custody by any officer or non-commissioned officer, but it shall be the duty of the officer or non-commissioned officer who commits any person into custody to deliver at the time of such committal, or as soon as practicable, and in every case within twenty-four hours thereafter, to the officer, non-commissioned officer, provost-marshal, or assistant provost-marshal, into whose custody the person is committed, A.M. Form A4 (with necessary particulars filled in), signed by himself, showing the offence with which the person so committed is charged.
(c) If A.M. Form A4 mentioned in paragraph (b) of this Regulation, commonly termed the “crime,” is not delivered at the time, a verbal report to the same effect is to be made. If the “crime” is not received within twenty-four hours, the commander of the guard will either take steps for procuring it, or report that he has not received it to the officer to whom his guard report is furnished, who, if the “crime” or other evidence sufficient to justify the detention is not forthcoming, will, at the expiration of forty-eight hours from the time of committal, order the release of the person in military custody. In order to comply with the provisions of paragraphs (xxxii) and (xxxiv) of Regulation 494, the name and offence of every person in military custody, including such as may have been received over in custody, and the rank and name of the officer or other person by whom he is charged, are to be entered by the commander of the guard in his guard report, and the original “crime,” or a copy thereof, is to be forwarded to the Commanding Officer of the person in military custody.
(d) Military custody in the case of an officer warrant officer, or non-commissioned officer (not under sentence) usually means arrest, but an officer, warrant officer, or non-commissioned officer may, if circumstances require it, be placed for custody under the charge of a guard, picquet, patrol, or sentry, or of a provost-marshal.
(e) Military custody in the case of a private soldier not under sentence means either making him a soldier in open arrest or confining him in a guard detention room, under charge of a guard, picquet, patrol, sentry, or provost-marshal.
(f) The charge made against every person taken into military custody shall, without unnecessary delay, be investigated by the proper military authority, and, as soon as may be, either proceedings shall be taken for punishing the offence, or such person shall be discharged from custody.
(g) In every case where an officer or soldier not on active service remains in military custody for a longer period than eight days without a court martial for his trial being ordered to assemble, a special report of the necessity for further delay shall be made by his Commanding Officer in manner prescribed; and a similar report shall be forwarded every eight days until a court martial is assembled or the officer or soldier is released from custody. The report herein prescribed is to be made whether the officer or soldier is a patient in hospital or for whatever cause the case is not proceeded with. On the receipt of every such report the District Commandant is to satisfy himself as to the necessity for the continued detention of the officer or soldier in military custody.
(h) The special report of the necessity for further delay in ordering a court martial to assemble for the trial of an officer or soldier, required under paragraph (g) of this Regulation shall be made by means of a letter from the Commanding Officer of that officer or soldier, reporting the necessity to the District Commandant. (Sec. 113, D.A.)
Meaning of words “on duty.”
498. (1) Members of the Permanent Forces shall at all times be held to be “on duty,” and liable to arrest for a “military or naval offence” under section 113 of the Defence Act. But this sense of the words “on duty” shall not apply when considering whether an offence is aggravated by being committed on duty.
(2) Members of the Militia Forces shall be considered to be on duty at any time when in uniform, also during the whole period of their attendance at any Continuous Training, and for the purposes of discipline shall be considered to have been on duty, although not in uniform, in respect to any act done or omitted to be done by them in a military capacity, or with intentional reference on their part to their military capacity.
Arrest officer.
499. Arrest is either close arrest or open arrest. When arrest is not described as open arrest, it means close arrest. An officer under close arrest is not to leave his quarters or tent, except to take such exercise under supervision as the medical officer considers necessary. When under open arrest he may take exercise at stated periods within defined limits, which will usually be the precincts of the barracks or camp of his Unit. If the climate or the state of the officer’s health or other circumstances require it, these limits may be enlarged at the discretion of the Officer Commanding on the spot. An officer under open arrest may, under strict orders as to his conduct, be directed to proceed from one station to another, or be permitted to leave his station for a particular purpose.
Restrictions.
500. (1) An officer under open arrest is forbidden to use his own or any other mess premises. He is not to appear in any place of amusement or entertainment or at public assemblies, and he is never to appear outside his quarters or tent dressed otherwise than in uniform. An officer, when under arrest, will not wear sash, sword, belt, or spurs.
(2) The underlined portions of Regulation 499 and Sub-regulation (1) of this Regulation will not apply to officers and non-commissioned officers of the Militia Forces who are under open arrest, unless when wearing uniform, or their corps is under arms or on duty.
Release.
501. It is not desirable, except where it appears that the arrest has been made through error, that an officer should be released from arrest by the officer who ordered the arrest without the sanction of the highest authority to whom the case may have been referred.
When to be ordered.
502. An officer may be placed under arrest by a competent authority, without previous investigation, when circumstances so require; but a Commanding Officer on receiving a complaint, or coming to the knowledge of circumstances tending to incriminate an officer, will not ordinarily place him under arrest until he has satisfied himself by inquiry that it will be necessary to proceed with the case, and report it to superior authority. He will invariably place under arrest an officer against whom he prefers charges. When an officer is placed under arrest, whether afterwards released or not, the Commanding Officer will invariably report the case without delay to the District Commandant.
Officers under arrest cannot demand a court martial.
503. An officer has no right to demand a court martial upon himself, except as mentioned in section 88 of the Act, or, after he has been released by proper authority, to persist in considering himself under the restraint of arrest, or to refuse to return to the performance of his duty. An officer who conceives himself aggrieved can complain through the proper channel and seek redress under Regulation 454.
Arrest of warrant or non-commissioned officer.
504. Regulations 499 and 500 will also apply to warrant officers and non-commissioned officers, who will, if charged with a serious offence, be placed under arrest forthwith, but if the offence alleged appears not to be serious, it may be investigated and disposed of without previous arrest. In cases where doubts exist whether the offence alleged has been committed, arrest may be delayed, without prejudice to any subsequent proceedings.
Suspension from duty.
505. In lieu of being placed in arrest, an officer or soldier who is considered to have been guilty of negligence may, on the approval of the Minister, be suspended from duty pending the conclusion of any inquiry or investigation which may be instituted for the purpose of obtaining evidence on which to formulate charges.
Custody of guard room key.
506. The keys of the guard detention room shall be kept in the charge of the commander of the guard.
Custody of soldiers charged with serious offences.
507. A private soldier charged with a serious offence will be placed in military custody on the commission or discovery of the offence. He is not to be confined in the guard detention room for offences unaccompanied by drunkenness, violence, or insubordination, unless confinement is necessary to insure his safe custody or for the maintenance of discipline, and the investigation of the charge may be held without his being confined. A private soldier against whom a charge for an offence is pending, if in open arrest, will not quit barracks until his case has been disposed of. He will attend parades,
but will not be detailed for special duty. The underlined portion of this Regulation will not apply to soldiers of the Militia Forces, unless wearing uniform, or when their corps remains under arms or on duty.
Temporary detention in lock-up, police station, &c.
508. A soldier in military custody (not under sentence) may be committed, by a warrant signed by his Commanding Officer on the authorized form, for temporary detention for any period not exceeding seven days to any prison, police station, lock-up, or other place of confinement in which prisoners may legally be confined.
Soldiers confined by N.C.O.’s.
509. A private soldier who disobeys an order distinctly given, or resists the authority of a non-commissioned officer, is to be confined without altercation, and immediately reported to the officer commanding his company, &c., or to the adjutant. When a non-commissioned officer* has to confine a soldier, he will invariably obtain the assistance of one or more privates to conduct the offender to the guard-room, and will himself avoid in any way coming in contact with him. Except in cases of personal violence, or when on detached duties, lance-corporals and acting bombardiers with less than four years’ service will not confine private soldiers, but will report the offence to the orderly-sergeant, who will act as the circumstances require.
For drunkenness.
510. A private soldier who is drunk is, if possible, to be confined alone in the guard detention room. Soldiers on being confined will be searched and deprived of knives and other weapons. Soldiers confined for drunkenness may be deprived of their boots, except when the weather is cold, and they are likely to suffer in consequence, and are to be visited and their condition ascertained at least every two hours by a non-commissioned officer of the guard and an escort. Should any symptoms of serious illness be observed, a medical officer is forthwith to be sent for. Soldiers suspected of being drunk are not to be put through any drill or tested for the purpose of ascertaining their condition. Care is to be taken that a soldier charged with drunkenness is perfectly sober before he is brought before an officer for investigation of the charge. For this purpose twenty-four hours should usually be allowed to elapse before the investigation.
Confession of desertion, or offence against enlistment.
511. Where a soldier makes a confession of desertion or of having committed an offence in relation to enlistment, if the investigation in connexion therewith cannot be immediately completed, he need not be placed in military custody. If at the time of, or subsequent to, and independent of, the confession, he is charged with an offence, the soldier may be placed in military custody and tried for the offence.
Bedding and exercise of soldiers in custody.
512. (1) A soldier in military custody for trial by court martial shall be allowed his bedding up to the time of the promulgation of his sentence or acquittal.
(2) When a soldier is detained in military custody pending inquiry, he may be allowed the use of his bedding.
* This does not apply to a Non-Commissioned Officer of Military Police or Provost Staff.
(3) If a soldier is detained in military custody in severe weather, he may be allowed such additional bedding as is deemed necessary.
(4) Soldiers who are under charge of a guard shall take sufficient exercise, under supervision, for the preservation of their health.
Soldiers in arrest to be deprived of their caps.
513. Soldiers are to be deprived of their caps, and of any articles they can use as missiles, during the investigation of offences and during their trial before any court.
Offenders not to bear arms or do duty.
514. An offender while in arrest or confinement is not to be required to perform any duty, other than such duties as may be necessary to relieve him from the charge of any cash, stores, accounts, or office of which he may have charge, or for which he is responsible. If by error, or in emergency, he has been ordered to perform any duty, he is not thereby absolved from liability to be proceeded against for his offence. An offender when in arrest or confinement is not to bear arms, except by order of his Commanding Officer in an emergency or on the line of march.
Sec. 113 of the Act. Militia Forces.
515. (1) The provisions of section 113 of the Act, limiting the duration of the arrest or custody of a member of the Militia Forces, and allowing him to resume civilian attire, shall be obeyed in the manner most suited to the circumstances, and such member shall be deemed to be in open arrest until his case has been disposed of.
(2) Any member of the Militia Forces who has been released from arrest in the manner referred to, is to be given A.M. Form A 4, with full particulars inserted therein.
Disabilities.
516. A member of the Militia Forces who is in open arrest is subject to the following disabilities in respect to his military capacity, that is to say, he may not wear his uniform except when ordered by his Commanding Officer, or his corps remains under arms or on duty, and he may not take part in any military meeting of any character or any rifle matches.
Compulsory attendance before a court martial.
517. A member of the Militia Forces who has been released from arrest in the manner referred to in Regulation 515 should, if remanded for trial by court martial, be summoned to attend, and if he fails to attend, may be taken under a warrant issued under section 114 of the Act, and detained thereunder until disposal of his case. The refusal of such member to attend shall be deemed to be as absconding or deserting within section 114 of the Act. The same course should be followed where a person, liable to trial by court martial, has ceased to be a member of the Military Force, but care must be taken to observe the limitation in section 104 of the Act; but if the offence is not absconding or deserting he should be prosecuted before a civil court.
Failure to pay a penalty or fine.
518. When any member of the Military Force has been ordered to pay any penalty or fine for an offence against the Act and Regulations, by order of a civil court, or by sentence of court martial, or by award of a Commanding Officer, and no pay is available from which such amount can be stopped, and such member neglects or refuses to pay such penalty, or fine, or absents himself so as not to earn pay to such amount, the failure on the part of such member shall be an offence and liable to punishment under paragraph (liv) of Regulation 494.
DIVISION 4.—INVESTIGATION OF CHARGES.
Duty of commanding officer as to investigation of charge for offence.
519. Every Commanding Officer will take care that a person under his command, when charged with an offence, is not detained in custody for more than forty-eight hours after the committal of that person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him impracticable, with due regard to the public service. Every case of a person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the Commanding Officer to the District Commandant.
Hearing of charge.
520. (1) Every charge against a soldier will be heard in the presence of the accused, save as hereinafter provided in the case of the Militia Forces. The accused will have full liberty to cross-examine any witness against him, and to call any witnesses and make any statement in his defence. On the application of the accused, he and his wife may be called as witnesses, but neither he nor his wife shall be called as a witness, except on his own application.
(2) If the accused demands that the evidence against him be taken on oath, the oath will be administered to each witness by the investigating officer in the same form as provided for a court martial, or in the case of a witness allowed before a court martial to make a solemn declaration, the like solemn declaration will be made before the investigating officer.
Disposal of the charge or adjournment for taking down the summary of evidence.
521. The Commanding Officer will dismiss a charge brought before him if, in his opinion, the evidence does not show that some offence against the Act or Regulations has been committed, or if, in his discretion, he thinks the charge ought not to be proceeded with.
Procedure if charge is to be proceeded with
522. At the conclusion of the hearing of a charge, if the Commanding Officer is of opinion that the charge ought to be proceeded with, he shall, without unnecessary delay, either—
(i) Dispose of the case summarily; or
(ii) Refer the case to the proper superior military authority; or
(iii) Adjourn the case for the purpose of having the evidence reduced to writing.
(2) But a Commanding Officer shall not dispose of a case summarily if the accused has elected to be tried by a district court martial.
Offence can only be punished once.
523. An offender shall not be liable to be tried by court martial for any offence which has been dealt with summarily by his Commanding Officer, and shall not be liable to be punished by his Commanding Officer for any offence of which he has been acquitted or convicted by a competent civil court or by court martial.
Offender may elect to be dealt with summarily or tried by court martial.
524. Where a Commanding Officer has power to deal with a case summarily, and, after hearing the evidence, considers that he may so deal with the case, he shall, unless he awards one of the minor punishments, ask the soldier charged whether he desires to be dealt with summarily or to be tried by a district court martial, and if the soldier elects to be tried by a district court martial, the Commanding Officer shall take steps for bringing him to trial by a district court martial, but otherwise shall proceed to deal with the case summarily.
Adjournment.
525. Where the case is adjourned, at the adjourned hearing the evidence of the witnesses who were present and gave evidence before the Commanding Officer, whether against or for the accused, shall be taken down in writing in the presence of the accused before the Commanding Officer or such officer as he directs.
Evidence and cross-examination of witnessees.
526. (1) The accused may put questions in cross-examination to any witness, and the questions, with the answers, shall be added in writing to the evidence taken down.
(2) The evidence of each witness when taken down shall be read over to him and shall be signed by him, or, if he cannot write his name, shall be attested by his mark and witnessed. Any statement of the accused material to his defence shall be added in writing.
Procedure after consideration of evidence.
527. The evidence and statement (if any) taken down in writing in pursuance of the foregoing (in these Regulations referred to as the summary of evidence) shall be considered by the Commanding Officer, who thereupon shall either—
(i) Remand the accused for trial by court martial; or
(ii) Refer the case to the proper superior military authority; or
(iii) If he thinks it desirable, and the accused is a soldier and has not elected to be tried by a district court martial, re-hear the case and dispose of it summarily.
Remand for court martial.
528. (1) If the accused is remanded for trial by court martial, the Commanding Officer shall, without unnecessary delay, either issue an order for the assembly of a court martial, or apply to the proper military authority to convene a court martial, as the case requires; this delay, and any delay in the reference to superior military authority, should not ordinarily exceed thirty-six hours.
(2) The summary of evidence, or a true copy thereof, shall be laid before the court martial before whom the accused is tried on the assembly of the court, and a true copy thereof shall be given to the accused gratis.
Summary award of punishment by commanding officer.
529. (1) The term of detention, when awarded in days by a Commanding Officer, shall begin on the day of the award; the term of detention, when awarded in hours by a Commanding Officer, shall begin when the soldier sentenced is received at the Detention Barrack to which he is committed; or, if he is not sooner received into the Detention Barrack, shall begin on the day after the day of the award at the hour fixed for the commitment and release of soldiers under sentence.
(2) When the Commanding Officer has once awarded punishment for an offence he cannot afterwards increase the punishment for that offence.
Right of trial by court martial in lieu of summary award.
530. If a soldier is dealt with summarily by his Commanding Officer and the award or finding involves a forfeiture of pay, or (though such forfeiture is not involved) the award is not an award of a mirror punishment, and his Commanding Officer has omitted to ask him whether he desires to be dealt with summarily or to be tried by a district court martial, the
soldier may, at any time on the same day before the hour fixed for the commitment and release of soldiers under sentence, claim his right to be tried by a district court martial.
Charges against officers.
531. (1) Where an officer is charged with an offence under the Act or Regulations the investigation shall, if he requires it, be held, and the evidence taken in his presence in writing in the same manner, as nearly as circumstances permit, as is required in the case of a soldier.
(2) Any such investigation shall be carried out under the direction of either—
(i) The officer commanding the unit or corps to which the accused belongs; or
(ii) The District Commandant; or
(iii) The Adjutant-General; or
(iv) Any officer authorized in that behalf by the Minister.
(2) Where an officer is ordered for trial by court martial without any such taking of evidence in his presence, an abstract of the evidence to be adduced shall be delivered to him gratis not less than twenty-four hours before his trial, and shall be laid before the court martial on the assembly of the court.
Rule for investigation.
532. Every officer who does not summarily dispose of a charge which he investigates will carefully avoid any expression of opinion as to the guilt or innocence of the person charged.
Entry and investigation of charges. Guard report.
533. (1) The charges for offences of non-commissioned officers and soldiers committed to military custody will be entered in the guard report by the commander of the guard as soon as he receives the “crime.” The charge for an offence of a non-commissioned officer or soldier will be investigated by the officer commanding the company, &c. This officer will decide, except in the case of a non-commissioned officer, whether it be a minor offence that he can deal with. If he decides to deal with it, he will dispose of the case, and indorse the “crime” with his award.
(2) If he decides to leave the case for his Commanding Officer to deal with, he will send the “crime” to the commander of the guard for entry in the guard report, and the soldier will be treated as if in military custody. All charges against soldiers will be investigated without delay in their presence. Soldiers in arrest should be disposed of daily (Sunday, Good Friday, and Christmas Day excepted), and, when practicable, in the morning before the hour of Commanding Officer’s parade. All charges not disposed of by officers commanding companies, &c., will be investigated by the Commanding Officer. The officer commanding the company, &c., will attend with the conduct sheet. If a soldier in arrest in the guard detention room is remanded for further inquiry, his case will be brought under review daily until disposed of, and the order for remand will be entered daily in the guard report by the Commanding Officer.
Entry of Award.
534. The award of the Commanding Officer or officer commanding the company, &c., will be entered in the guard report and signed by him. The awards of punishments by officers commanding companies, &c., will be reported to the Commanding Officer, who will make such remissions or remarks as he may think advisable.
Disposal of offenders by commanding officer.
535. (1) In pursuance of Section 108 of the Act, a Commanding Officer may, without reference to superior authority, dispose summarily of a charge against any soldier of the Military Forces under the following sections of the Act:—
74, 77, 79, 81, penalty must not exceed Five pounds. 84, penalty must not exceed Five pounds. 135 (1a) (a), 135 (1a) (b), and under Regulation 494, paragraphs (i) to (vi), (x) threatening or insubordinate language only—(xi), (xii), (xiii) excepting striking or using or offering violence. (xiv) excepting striking or using or offering violence. (xv) to (xxi), (xxiv), (xxv), (xxvi), (xxix), (xxx), (xxxi) (except when the act is wilful), (xxxii) to (xxxvi), (xxxix), (xliii), (xliv), (xlv), (xlviii), (xlix), (li), (lii), (liii), (liv), (lv).
*Provided, however, that a Commanding Officer may, if he sees fit, refer a charge for any offence for trial by Regimental court martial, or he may refer to superior authority with an application for trial by District court martial.
(2) First and less serious offences under the above sections, and minor neglects or omissions, not resulting from deliberate disregard of authority or not associated with graver offences, should, as a rule, be dealt with summarily. A charge for any other offence which the Commanding Officer desires to dispose of summarily will be referred to superior authority in a letter stating the circumstances of the case, and accompanied by the soldier’s conduct sheet.
Requirements when dealing summarily with case.
536. (1) When proposing to deal with a case summarily a Commanding Officer will satisfy himself that the evidence produced before him is sufficient to disclose the exact nature of the offence. If he is not so satisfied he should remand the case for further inquiries, so that the offence, as entered in the guard report, may be substantially the charge upon which the accused would be arraigned in the event of his electing to be tried by a district court martial under the provisions of Regulation 524.
(2) When once an accused has elected to be tried upon the charge as read out to him from the guard report, it should under no circumstances be added to or increased in gravity.
Dismissal of charge.
537. It should be borne in mind that, except when it is important that the guilt or innocence of the accused should be definitely decided, it is undesirable to send a case before a court martial when it appears doubtful whether the evidence will lead to a conviction. In such a case the charge should ordinarily be dismissed, under the provisions of Regulation 521.
Liability of soldier in arrest in respect of lapse of time.
538. Before proceeding with a case it is the duty of the Commanding Officer to ascertain that the soldier is liable to be proceeded against, having regard to the limitations of time prescribed by the Act; and in referring to superior authority a case of desertion not on active service, or of fraudulent enlistment, he must determine and note whether the soldier is liable to trial. A soldier is to be considered as having served in an exemplary manner if, at any time dining his service since his fraudulent enlistment, he has had no entry in
* For summary and minor punishments for these offences see Regulations 548 and 558.
his regimental conduct sheet for a continuous period of three years, and he shall not be tried for any such offence of desertion (other than desertion on active service), or of fraudulent enlistment, as was committed before the commencement of such three years.
Liability when evidence may be forthcoming in the future.
539. If on the investigation of a charge sufficient evidence is not forthcoming as to whether the accused has or has not committed the offence, and there is no opportunity of carrying the investigation further at the time, the accused, if the offence charged is serious, may be released from arrest or confinement, and ordered to do duty, without prejudice to his re-arrest when further evidence is forthcoming and the matter can be further inquired into.
Release from arrest pending trial.
540. A soldier, on electing to be tried by a district court martial under the provisions of Regulation 524, will be at once released from arrest pending trial. In exceptional cases a Commanding Officer may, however, keep the soldier in confinement, but in such cases he will at once report his action to the officer to whom the application for the soldier’s trial will be made, giving the reasons for his action.
Disclosure of a further charge during investigation.
541. If, when a soldier is charged with one offence, another, the investigation of which cannot be immediately completed or proceeded with, comes to light, the investigation and trial in respect of the original offence may proceed independently, the charge for the other offence being dealt with as prescribed in Regulation 539.
Offence by soldier under sentence.
542. When a soldier already under sentence of court martial is charged with an offence for which it is necessary to arraign him before a court martial, the trial should take place at once.
Definition of “commanding officer.”
543. The expression “Commanding Officer,” as used in these Regulations relating to “Investigation of Charges,” “Summary and Minor Punishments,” and “Courts Martial,” and in the provisions consequential thereon, means, in relation to any person, the officer commanding any corps for purposes of discipline. For the purpose of the summary award of fines for drunkenness, and the punishments mentioned in Regulation 553, a squadron, battery, or company constitutes a corps, and the officer commanding a squadron, battery, or company is an officer commanding a corps.
“Officer commanding a corps.”
544. Any officer whose duty it is under the Act or Regulations, or in the absence of any such provision under the custom of military service, to deal with a charge against any person, who is present under his command, of having committed an offence, that is to say, to dispose of it on his own authority, or to refer it to superior authority, is “an officer commanding a corps,’’ and the persons present under the command of such officer constitute a “corps.”
The officer commanding a detachment.
545. The officer commanding a detachment (which is hereby declared to be a “corps,” and which shall include a Battery of Field Artillery or a Company of Garrison Artillery) is vested with the full power accorded to a Commanding Officer, but the Commanding Officer of a regiment or battalion, if the detachment is serving in the same command, or the officer
commanding the garrison or station where the detachment may be, or other superior authority, may, having regard to the rank and experience of the officer commanding the detachment, if below the rank of substantive Major, restrict him from the exercise of any or all of the powers of a Commanding Officer.
Restriction as to summary powers and courts martial.
546. Nevertheless, an officer commanding a detachment may, if necessity arises, act to the full extent of the powers of a Commanding Officer for the maintenance of discipline notwithstanding any restrictive order, but in such case he will immediately report his action for the information of the superior authority by whom such restrictive order was made.
Detachments may be associated under one command.
547. A District Commandant or other superior authority may, on the embarkation of troops and on other special occasions, associate two or more detachments for the purposes of discipline, and place them under the command of one officer, and such two or more detachments are hereby declared to be a corps. In such cases the powers of the officers commanding the several detachments to award summary punishments and convene regimental courts martial will, for the time being, remain in abeyance.
DIVISION 5.—SUMMARY AND MINOR PUNISHMENTS.
Permanent Forces.
Summary punishments.
548. A Commanding Officer may, subject to the soldier’s right to elect, previous to the award, to be tried by district court martial, *inflict the following summary punishments on a private soldier for the offences mentioned in Regulation 535.
(a) Fines not exceeding £5.
(b) Detention, not exceeding seven days.
(c) Forfeiture, not exceeding fourteen days’ pay.
(d) In the case of drunkenness, a fine not exceeding Twenty shillings, according to scale laid down in Regulation 571.
(In the case of absence without leave, or in case of his imprisonment or detention awarded by either a court or a commanding officer, a soldier shall forfeit his pay and allowance during his absence, imprisonment, or detention.)
(e) Fines sufficient to make good any expenses caused by him, or for any loss of, or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, or regimental necessaries, or military decoration, or to any buildings or property, provided that the total fines in any award shall not exceed £5. (Sec. 108 D.A.)
* Unless there are reasons against the adoption of such a course, a soldier may, on the following day, be given an opportunity of reconsidering his decision to be tried by court martial.
Minor punishments.
549. A Commanding Officer may also inflict the following minor punishments, the soldier having no right to claim trial by court martial:—
(i) Confinement to barracks for any period not exceeding twenty-one days, during which defaulters will be required to answer to their names at uncertain hours throughout the day, and will be employed on fatigue duties to the fullest practicable extent, with a view to relieving well-conducted soldiers therefrom. Defaulters will attend parades, and take all duties in regular turn. When the fatigue duties required are not sufficient to keep the defaulters fully employed, the Commanding Officer may order defaulters to attend punishment drill, provided that they shall not be liable to punishment drill after the expiration of ten days from the date of the award of confinement to barracks. Confinement to barracks in the case of the Australian Army Medical Corps will not carry with it punishment drill if awarded to men actually at the time doing duty in hospital.
(ii) Extra guards or picquets; these are only to be ordered as a punishment for minor offences or irregularities when on, or parading for, these duties.
Provisions to be observed
550. Any of the punishments prescribed by Regulations 548 and 549 may be awarded severally or conjointly, subject to the following provisions:—
(a). Any award of detention, up to four days inclusive, will be in hours. The detention will commence as prescribed.
(b) When an award includes detention and a minor punishment, the latter will take effect at the termination of the detention.
(c) A single award of punishment, including detention and confinement to barracks, will not exceed twenty-one days.
(d) A soldier undergoing detention or confinement to barracks may, for a fresh offence, be awarded further detention of a minor punishment or both. In the case of detention, it will commence from the date of award; in that of a minor punishment, from the termination of the previous sentence, provided that no soldier shall be detained by summary award for more than fourteen consecutive days, and that the whole extent of consecutive punishment, including detention and confinement to barracks, shall not exceed twenty-eight days in the aggregate.
(e) Defaulters are not required to undergo any punishment drill or confinement to barracks which may have lapsed by reason of their being in hospital or detention barrack or employed on duty.
Punishment drill.
551. (1) Punishment drill is not to exceed one hour at a time, and is to consist of marching in quick time only and not of instruction drill. It will not be carried out on Sundays. In very cold weather the double time may be used for short periods.
(2) It will be carried out in marching order, and will never exceed four hours altogether in one day. It is to be carried on in the barrack yard or drill ground. Punishment drill is not to be carried on after retreat unless the District Commandant is of opinion that, owing to climate, duties, or other causes, it is expedient to do so, in which case he may sanction exceptions.
(3) Fatigue may be substituted for punishment drill.
Use of canteen by defaulters.
552. Defaulters will be excluded from the canteen, except during one period not exceeding fifteen minutes in each day.
Minor offences.
553. Officers are not to introduce or adopt any system of punishment which is in any respect at variance with these Regulations. Officers commanding companies, &c., may award private soldiers punishment not exceeding seven days’ confinement to barracks for minor offences, and the regulated fines for drunkenness. In the case of officers of less than three years’ service, this power may be limited by the Commanding Officer to an award of three days’ confinement to barracks. Any such awards will be subject to any remission the Commanding Officer may order, but cannot be increased.
Absence without leave.
554. In dealing summarily with cases of absence without leave, a Commanding Officer will have regard to the place of the soldier’s surrender or apprehension, the circumstances of his absence, and the period passed in detention. Absence without leave will be reckoned to terminate when the soldier is taken into custody, and in awarding punishment the Commanding Officer should make allowance for any unusual delay in the disposal of the case.
Notifying in orders names of men absent without leave.
555. The names of men absent without leave will be notified in Regimental or Corps Orders as follow:—
(a) If absent from one to twenty days, the names will appear on the day following the day of rejoining.
(b) If absent for twenty-one consecutive days, the names will appear on the twenty-second day.
Reprimand, admonition, and reversion from acting appointments.
556. Non-commissioned officers, including acting non-commissioned officers, are not to be subjected to summary or minor punishments, or punished by being placed in any lower position on the list of their rank by their Commanding Officer, but they may be admonished, reprimanded, or severely reprimanded. Non-commissioned officers below the rank of sergeant (or the appointment of lance sergeant) may be admonished or reprimanded, but not severely reprimanded, by the officer commanding the squadron, battery, or company. Acting and lance non-commissioned officers may be ordered by a Commanding Officer to revert to their permanent grade, but are not liable to a summary or minor punishment in addition. A private soldier may be admonished, but is not to be reprimanded.
Detention in hospital caused by offences.
557. A soldier who has committed an offence against the Act or Regulations forfeits the whole of his pay while in hospital on account of any illness certified by the medical officer to have been caused by such offence. An officer who has disposed of any offence on account of which the soldier is admitted into hospital will at once communicate with the medical officer, who will furnish the certificate on the authorized form. In a similar manner, if a solider is believed to have been admitted into hospital on account of an offence under the Act or Regulations, the Commanding Officer will at once hold a preliminary inquiry to enable the medical officer to furnish or refuse the certificate, and will then remand the case for disposal on the man’s discharge from hospital.
Militia Forces.
Summary punishments.
558. A Commanding Officer may, subject to the soldier’s right to elect,* previous to the award, to be tried by district court martial, inflict the following summary punishments on a soldier of the Militia Forces for the offences mentioned in Regulation 535.
(a) Reduction in rank or to the ranks in the case of a non-commissioned officer.
(b) Discharge.
(c) Fines for offences against the Act and Regulations exceeding 10s., but not exceeding £2.
(d) Fines, not exceeding £5, sufficient to make good any expenses caused by him or for any loss of, or damage or destruction done by him to, any arms, ammunition, equipment, clothing, instruments or regimental necessaries, or military decoration, or to any buildings or property:
Provided that, before being reduced or discharged, the soldier shall be given A.M. Form A 4, with full particulars inserted therein, and be given an opportunity of showing cause against the charge. (Sec. 112, D.A.)
Provided also that the punishment of discharge, as provided for under paragraph (b) of this Regulation, shall not apply to persons liable to be trained under Part XII. of the Act.
Minor punishments.
559. A Commanding Officer may also inflict fines not exceeding 10s., the soldier having no right to claim trial by court martial.
Recovery of fines.
560. Where a Commanding Officer has, in accordance with the Defence Act or the Regulations thereunder, inflicted a fine on a soldier of the Militia Forces, if the soldier does not, within fourteen days after notice in writing so to do, pay such fine, the fine may, together with the costs of any legal proceedings, be recovered in any Court of summary jurisdiction. Upon the expiration of the fourteen days, if the fine is not paid, the Crown Solicitor shall be instructed, and thereupon shall forthwith take action for the recovery of the fine.
Punishment awarded severally or conjointly.
561. Subject to the next succeeding Regulation, any of the punishments prescribed by Regulations 558 and 559 may be awarded severally or conjointly.
* Unless there are reasons against the adoption of such a course, a soldier may, on the following, day, be given an opportunity of reconsidering his decision to be tried by court martial.
C.9801.—E
Scale of fines.
562. (1) A Commanding Officer, in awarding a fine, shall be guided but not bound by the scale of fines set forth in this Regulation, and is at liberty, where he thinks fit, to increase them in aggravated cases.
Provided that the total fines in any award shall not exceed £5. Offences not mentioned below should be dealt with in a similar manner:—
| s. | d. |
(a) For appearing on parade not in the order of the day, or with clothing, arms, accoutrements dirty, incomplete, or improperly put on | 2 | 6 |
(b) Talking in the ranks........................................... | 2 | 6 |
(c) Inattention, and other minor irregularities............................ | 2 | 6 |
(d) Neglect of duty.............................................. | 5 | 0 |
(e) Neglecting to notify change of address within fourteen days of such change...... | 7 | 6 |
(f) Leaving the ranks without permission............................... | 7 | 6 |
(g) Minor cases of insubordination and disobedience of orders................. | 10 | 0 |
(h) Drunkenness on parade or duty, or in camp, or elsewhere in uniform........... | 20 | 0 |
(2) Fines will be noted in the returns of pay, and will be credited to revenue.
(3) A soldier who fails to appear before his Commanding Officer for the investigation of a charge against him, after notification in writing to the offender of the charge against him, and of the time and place fixed for the investigation by the Commanding Officer, shall be liable to have his case investigated in his absence, and summary or minor punishments inflicted, or to have the case referred for trial by court martial. In such cases, however, the award, together with the evidence, should be forwarded to the District Commandant for confirmation.
(4) When a non-commissioned officer is summarily reduced by a Commanding Officer the case must be referred, together with the evidence, to the District Commandant for confirmation.
(5) Non-commissioned officers, including acting non-commissioned officers, are not to be subjected to summary or minor punishments, excepting reduction and, in the case of those voluntarily enlisted, discharge by the Commanding Officer, but they may be admonished, reprimanded, or severely reprimanded. Non-commissioned officers below the rank of Sergeant may be admonished or reprimanded, but not severely reprimanded, by the officer commanding the squadron, battery, or company. Acting and lance non-commissioned officers may be ordered by a Commanding Officer to revert to their permanent grade, but are not liable to summary or minor punishment in addition. A private soldier may be admonished, but is not to be reprimanded.
DIVISION 6.—MISCELLANEOUS PROVISIONS.
Forfeiture of pay.
563. Under section 119 of the Act, no member of the Military Forces shall be entitled to receive any pay or allowance (a) while under any charge, of which he is afterwards convicted by any court, or while under sentence of imprisonment by any court, or (b) during absence from duty without leave. The
term “court” here used includes civil courts as well as courts martial, but does not include the hearing of a charge and awarding of punishment by a Commanding Officer, and the term “imprisonment” here includes “detention.” The period (a) during which pay shall be stopped shall commence from and include the first day on which the charge was investigated by a Commanding Officer or a court, whichever first occurred. In these cases the Commanding Officer or court will make no award of forfeiture of pay, but will inform the soldier of the number of days’ pay he forfeits.
Reduction or forfeiture of seniority.
564. (1) When a non-commissioned officer is convicted of an offence by the civil power the Governor-General may, subject to section 88 of the Act, order—
(a) That the offender shall be reduced to a lower grade or to the ranks; or
(b) That the offender shall suffer forfeiture of seniority of rank;
and on such an order being made the offender shall thereupon be so reduced or suffer forfeiture of seniority accordingly, as the case may be.
(2) All cases of conviction of non-commissioned officers by the civil power shall be reported to the District Commandant, who will consider whether it is desirable to recommend that the offender should be reduced, suffer forfeiture of seniority, or be discharged from the service.
Illegal or excessive punishment.
565. A Commanding Officer has no power to alter the record in the conduct books of a punishment awarded after the punishment has been completed. If it appears to a District Commandant that any punishment awarded by a Commanding Officer was illegal or excessive, he may, at his discretion, direct either that it be cancelled, and the entry in the conduct books expunged, or that the punishment be reduced.
Forfeiture of pay applies to W.O.’s and N.C.O.’s.
566. (1) In the case of absence without leave, the Commanding Officer will make no award of forfeiture of pay, as all ordinary pay for every day of absence is, under the provisions of section 119 of the Act, forfeited without award, but the Commanding Officer will inform the soldier of the number of days’ pay he forfeits.
(2) This forfeiture applies also to warrant officers and non-commissioned officers of all ranks, and in all cases involving such forfeiture a soldier shall have the right, under Regulations 524, 548 and 558, to elect trial by district court martial, unless he admits the absence.
Summary power of district commandant.
567. District Commandants may order the discharge of any soldier of the Permanent Forces during the first year of his service, as not being likely to become an efficient soldier or as unfitted for the duties of the Corps, or may summarily reduce in rank any warrant officer or non-commissioned officer, or may fine or dismiss any warrant officer, non-commissioned officer, or man, for misconduct, or may discharge any warrant officer, non-commissioned officer, or man independently of any other punishment to which he may by law be subject; but no warrant officer or non-commissioned officer shall be so reduced to a rank below that in which he was engaged; provided that except in time of war every soldier before being dismissed or reduced for any alleged offence may, if he so request, be tried by
court martial: Provided also that, before being reduced or discharged, the soldier shall be given A.M. Form A 4, with full particulars inserted therein, and be given an opportunity of showing cause against the charge. Provided also that no person liable to be trained under the provisions of Part XII. of the Act shall be discharged under the conditions of this regulation. The powers granted by this regulation to District Commandants will, in relation to warrant and non-commissioned officers and soldiers serving in the office of the Central Administration, be exercised by the Adjutant-General.
DIVISION 7.—DRUNKENNESS.
Disposal of cases.
568. In disposing of offences of drunkenness the following rules will be observed:—
Not usually triable by court martial.
A private soldier should not be remanded for trial by court martial for an act of simple drunkenness—that is to say, an act of drunkenness committed when the soldier was not on duty, and had not been warned for duty—unless four instances of drunkenness have been recorded against him within twelve months preceding the date of the offence under disposal, or unless he has elected to be tried rather than be awarded fine or detention by his Commanding Officer.
Drunkenness.
569. Drunkenness includes drunkenness on parade and on the line of march, and drunkenness on the line of march includes drunkenness during the whole period between the date of departure and the date of arrival at destination.
Simple drunkenness when connected with more serious offences.
570. When a private soldier commits the offence of simple drunkenness in connexion with a more serious offence for which he is to be tried by court martial, he should not be charged with drunkenness before the court martial, unless he is liable to trial and the Commanding Officer considers it a case which should be tried; but, as a record of the drunkenness, the Commanding Officer will, when a charge of drunkenness is not preferred in such cases before the court martial, make an entry of the offence, either imposing a fine, if the soldier is liable thereto, or making the following note in the punishment column:—”No punishment; awaiting trial on another charge.” If an entry of the court martial is subsequently made, the above entry will be bracketed with it, and will not be considered a separate entry.
Computing fines.
571. In the case of the Permanent Forces, in computing fines for drunkenness, the following rules will be observed:—
(a) For the first instance during a soldier’s service, no fine.
(b) (i) For the second offence, 2s. 6d.
(ii) For the third and every subsequent offence, 5s., but if the third or subsequent offence occurs within six months of the preceding offence, 7s. 6d., and if within three months, 10s.
(c) Time during which a soldier is absent from duty by reason of imprisonment, detention, or absence without leave is not to be reckoned in the above periods.
(d) A soldier should not be fined for drunkenness when the unpaid fines amount to 20s. and upwards, in which case a Commanding Officer should substitute detention or some other punishment which it is in his power to award.
Punishment for simple drunkenness.
572. In dealing with simple drunkenness unconnected with another offence, confinement to barracks should only be added to a fine when the circumstances are such as to increase its gravity. Detention should never be awarded for an instance of drunkenness not triable by court martial, except when the amount of unpaid fines for drunkenness recorded against a soldier is 20s. and upwards, in which case a Commanding Officer should substitute detention or some other punishment which it is in his power to award.
Detention for drunkenness in time of war.
573. Notwithstanding the provisions of Regulations 568 to 572 (inclusive), a Commanding Officer in time of war may for the offence of drunkenness, disposed of summarily by him, inflict any punishment which it is within his power to award under Section 46 of the Army Act.
The punishment should usually be detention with or without a fine on the prescribed scale in addition. The award of any punishment under this regulation other than a minor punishment shall be subject to the soldier’s right to elect, previous to the award, to be tried by District Court Martial.
Recovery of fines.
574. In the case of the Permanent Forces, fines which cannot be recovered from a soldier’s pay are not to be recovered from any other source while he remains in military service, provided that the total amount of deduction from the ordinary pay due to a soldier shall not exceed such sum as will leave to the soldier, after paying for his messing and washing less than sixpence a day.
DIVISION 8.—COURTS MARTIAL.
Procedure and powers.
575. (1) Except so far as is inconsistent with the Defence Act and, these Regulations, the laws and regulations for the time being in force in relation to the composition, mode of procedure, and powers of courts martial in the King’s Regular Forces shall apply to courts martial under the Act and these Regulations.
(2) These Laws and Regulations are set out in the “Rules of Procedure,” “Manual of Military Law,” and the “King’s Regulations.”
Award of court martial for desertion.
576. Where a member of the Military Forces has been found guilty by a court martial of the offence of desertion, the court martial may, in addition to the penalty provided for that offence, order that any moneys or other property found on, or in the possession of the deserter may be applied—
(a) in payment of any fines which have been imposed on the deserter under the Defence Act or Regulations; and
(b) in payment of any amount which he has been ordered to pay under paragraph (c) of section 97 of the Defence Act.
Regimental Courts Martial.
Members.
577. (1) A regimental court martial shall consist of not less than three officers, each of whom must have held a commission during not less than one whole year.
President.
(2) The convening authority shall appoint the president and members.
Rank of president.
578. The president of a regimental court martial shall not be under the rank of captain, unless where the court martial is held on the line of march, or on board any ship, or unless, in the opinion of the convening authority, such opinion to be expressed in the order convening the court and to be conclusive, a captain is not, with due regard to the public service, available, in any of which cases an officer of any rank may be president.
Limited power.
579. A regimental court martial shall not try an officer, or award the punishment of discharge with ignominy, or award the punishment of detention in excess of 42 days; but, except as aforesaid, and except as in the Act and the Regulations specially mentioned, any offence under the Act or the Regulations committed by a person subject to military law, and triable by court martial, may be tried and punished by a regimental court martial.
Order for assembly.
580. A regimental court martial shall be ordered to assemble as soon as seems to the convening authority practicable (having regard to the provisions in respect to the “accused’s preparation for defence”), after the completion of the investigation by the Commanding Officer into the charge which the court martial is to try.
General and District Courts Martial.
Composition of courts martial.
581. (1) A general court martial shall consist of not less than five officers, each of whom must have held a commission during not less than three whole years, and at least five of whom must be of a rank not below that of captain.
(2) A district court martial shall consist of not less than three officers, each of whom must have held a commission during not less than two whole years.
(3) The minimum number mentioned in this section for a general or a district court martial shall be the legal minimum for that court martial.
Who may be tried by court martial.
582. A district court martial shall not try a person subject to military law as an officer, but, subject as aforesaid, any offence under the Act or Regulations committed by a person subject to military law, and triable by court martial, may be tried and punished by either a general or district court martial.
Members.
583. An officer under the rank of captain shall not be a member of a court martial for the trial of a field officer.
President.
584. The president of a court martial, whether general or district, shall be appointed by order of the authority convening the court; but he shall not be under the rank of field officer, unless the officer convening the court is under that rank, or unless in the opinion of the authority convening the court, such opinion to be expressed in the order convening the court, and to be conclusive, a field officer is not, with due regard to the public service, available, in either of which cases an officer not below the rank of captain may be the president of such court martial; and he shall not be under the rank of captain, except in the case of a district court martial where in the opinion of the authority convening the court, such opinion to be expressed in
the order convening the court, and to be conclusive, a captain is not, having due regard to the public service, available. The members shall be appointed in the same manner as the president.
Special cases.
585. When an officer of the rank of captain is not available as president of a district court martial, the power of convening the court should not be exercised except when such a course is absolutely necessary, and when the case cannot conveniently be referred to an officer holding a superior command.
Rank of members of court martial in certain cases.
586. The members of a court martial for the trial of an officer shall be of an equal, if not superior, rank to that officer, unless, in the opinion of the convening authority, to be stated in the order convening the court, and to be conclusive, officers of that rank are not, having due regard to the public service, available.
Corps of members of court-martial.
587. (1) A general or district court martial shall, as far as seems to the convening authority practicable, be composed of officers of different corps, and in no case shall be composed exclusively of officers of the same regiment, brigade of field artillery, battalion, or other similar unit, unless the convening authority states in the order convening the court that in his opinion other officers are not, having due regard to the public service, available, and also, if he belongs to the same regiment as the accused, that an order to convene a court composed partly of other officers cannot be obtained from superior authority within a reasonable time.
(2) In the case of a court martial for the trial of a person belonging to the Militia Forces, unless the convening authority states in the order convening the court that in his opinion it is not, having due regard to the public service, practicable, one half of the members at least of the court should belong to the Militia Forces, and to that branch of the Militia Forces to which the accused belongs.
Rank of members.
588. (1) Whenever a general officer, colonel, or lieutenant-colonel is available to sit as president of a general court martial, an officer of inferior rank should not be appointed.
(2) When the Commanding Officer of a corps is to be tried, as many members as possible are to be officers who have held or are holding commands equivalent to that held by the accused.
Courts Martial Generally.
Courts martial in general.
589. (1) The officers sitting on a court martial may belong to the same or different corps, or may be unattached to any corps, and may try persons belonging or attached to any corps.
(2) An officer is not eligible for serving on a court martial if he is not subject to military law.
(3) An officer is disqualified for serving on a court martial tial if he—
(a) Is the officer who convened the court; or
(b) Is the prosecutor or witness for the prosecution; or
(c) Investigated the charges before trial, or took down the summary of evidence, or was a member of a court of inquiry respecting the matters on which the charges against the accused are founded, or was the company, &c., commander who made preliminary inquiry into the case; or
(d) Is the Commanding Officer of the accused, or of the corps or battalion to which the accused belongs; or
(e) Has a personal interest in the case.
Procedure of officer on convening court martial.
590. (1) An officer before convening a court martial should first satisfy himself that the charges to be tried by the court are for offences within the meaning of the Defence Act or Regulations, and that the evidence justifies a trial on those charges, and if not so satisfied, should order the release of the accused or refer the case to superior authority.
(2) He should also satisfy himself that the case is a proper one to be tried by the description of court martial which he proposes to convene.
(3) If more than thirty days elapse between the time when an officer having power to convene a general or district court martial receives an application for a court martial, and the date at which the case is disposed of, either by the assembly of a general or district court martial, or otherwise, the officer shall report the case, and the reasons for the delay, to the Military Board.
(4) The authority convening a court martial shall appoint the officers to form the court, and may also appoint such waiting officers as he thinks expedient.
(5) The authority convening a court martial shall send to the officer appointed president the original charge-sheet on which the accused is to be tried, and the summary or abstract of evidence.
(6) Every order convening a court martial must be signed by the convening authority personally.
Hours of sitting to be regulated.
591. The hours during which courts martial are ordinarily to sit will be regulated by the Military Board or District Commandants. Courts will usually be held between 10 a.m., and 4 p.m., or 11 a.m., and 5 p.m. at such hours as will interfere as little as possible with parades and other regimental instruction. A court martial should not ordinarily be required to sit for more than six, or at the most eight, hours during one day.
Medical examination.
592. If practicable, a person charged with an offence triable by court martial shall be examined by a medical officer on the morning of each day the court is ordered to sit, and if, in the opinion of the medical officer, he is unfit to undergo his trial, the Commanding Officer shall not permit him to be brought before the court.
Escort.
593. (1) Officers, Warrant officers, or non-commissioned officers charged with an offence before a court martial shall attend in the custody of an officer or non-commissioned officer.
(2) Soldiers charged with an offence before a court martial shall attend in the custody of an escort.
(3) The officer or non-commissioned officer in whose custody the accused are, shall be responsible for their safe conduct, and, while they are in court, he shall obey its directions.
(4) Unless absolutely necessary to prevent their escape or rescue, or to restrain their violent conduct, persons charged with an offence before a court martial shall not be handcuffed.
Certified copies of original documents to be annexed to proceedings.
594. When an original document, other than the declaration of a court of inquiry into illegal absence, is furnished to the prosecutor to be produced in evidence before a court martial, it will rarely be necessary to annex it to the proceedings. A certified copy should be produced to the court, together with the original, the former being attached to the proceedings, and the latter returned to its proper custodian.
Recovery of documents.
595. When an original document has not been returned within a reasonable time, the proper custodian of that document will be responsible for its recovery.
Not imperative to try any offence.
596. Under the Defence Act, the jurisdiction of courts martial in respect of the trial of different offences is unrestricted, and it will be observed that, except where a particular course is prescribed by the Regulations, it is not imperative to try any offence by court martial. In cases not specially provided for in the Regulations, the discretion of officers competent to deal with any charge is left unfettered.
Power of superior officer.
597. A superior officer to whom a case is referred may deal with it as follows:—
(a) He may refer the case to a superior officer; or
(b) He may direct the disposal of the case summarily, or by regimental court martial; or
(c) If he has power to convene a district court martial, he may convene a district court martial to try it; or
(d) If he has power to convene a general court martial, he may convene either a general or district court martial to try it.
Definition of superior officer.
598. The officer referred to in Regulation 597 as “superior officer” is not more clearly defined, as his position and rank depend upon the varying conditions of service. If rests with District Commandants to determine to whom charges should be referred which cannot be disposed of without reference to higher authority, and they may, if they think fit, reserve such cases, either wholly or in part, for their own consideration.
Power in case of emergency.
599. When an officer to whom a charge is submitted is of opinion that delay is inexpedient, he may dispose of the case without any reference to higher authority. In such case he must immediately report his action, and his reasons for it, to the officer to whom he would otherwise have referred the case.
Validity of unauthorized proceedings.
600. If a soldier has been tried by an inferior court without the authority herein prescribed, the validity of the proceeding is not affected thereby, and the conviction, if otherwise sustainable, will hold good.
When recourse should be had to superior courts.
601. In deciding as to the description of court before which a charge shall be tried, general and other officers in superior command will bear in mind that there are few crimes which cannot effectually be dealt with by district courts martial. A general court martial should therefore not be resorted to except in cases of very aggravated offences. In such cases, when the state of discipline in a district, garrison, or corps, renders a serious example expedient, or when the offender bears a bad character, and severe punishment is required, a general court martial may be held.
Previous character of soldiers to be produced at trial for offences against enlistment.
602. When soldiers are to be tried for offences in relation to enlistment, the particulars of their character and of former convictions when serving under previous attestations will be obtained, both for the information of the convening authority and for the purpose of being given in evidence before the court martial. Civil convictions for offences while in a state of absence or desertion should be given in evidence. When inquiry has been made on the authorized form, this document will, if not handed in by the prosecutor in ordinary course, invariably be attached to the summary of evidence. Trial should not be unduly delayed if difficulty occurs in procuring documents in relation to any previous service which can be dispensed with.
Offences against superiors.
603. In the case of offences against superiors, an offence having relation to the office held by the superior is of greater gravity than an offence against the individual apart from the duties of his office, and especially in the less serious classes of this offence, the lower the rank of the superior officer against whom the offence is committed, the less will usually be the gravity of the offence.
Crime of theft.
604. Theft from a comrade should, unless there are peculiarly complicated circumstances in connexion with the case, be dealt with by court martial in preference to being tried by the civil power. If the act discloses a felonious or fraudulent intention, it should, if dealt with by court martial, be tried under paragraph (xxvii) of Regulation 494 (1); if the act does not disclose a felonious or fraudulent intention, the charge should be laid under paragraph (xliii) of Regulation 494 (1).
Necessaries.
605. (1) In respect of regimental necessaries and personal clothing the values of which are not stated in a charge, a court martial will not award stoppages in their sentence; and, generally, when values are not attached to any articles in a charge, all reference to such articles will be omitted in the sentence.
(2) Sub-regulation (1) of this Regulation is based on the principle that deficiency of necessaries and personal clothing which are a soldier’s property causes no loss to any one but the soldier, and that although he is chargeable before a court martial with making away with them, or losing them by neglect (as the case may be), and is liable to punishment for a breach of discipline, no award of stoppages is in such case required.
Clothing, stores, &c., lost on desertion.
606. A soldier rejoining from desertion, or discovered to have fraudulently enlisted, will not be charged with the value of clothing, stores, &c., lost on desertion, unless he is sentenced by court martial, or by the award of the competent military authority dispensing with his trial, to make good such value.
Examination of charges.
607. All charges preferred against an officer or soldier, and the circumstances on which they are founded, are to be carefully examined by the officer under whose authority the order for trial is issued, and the evidence should be, in his opinion, sufficient to justify the arraignment of the accused before a court martial. The officer ordering trial will avoid any expression of opinion as to the guilt or innocence of the accused.
In trials by court martial minor offence may be dropped.
608. When a soldier is to be arraigned on a serious charge, and charges for minor offences are pending against him, or the circumstances of the serious offence disclose minor offences, the convening officer may use his discretion in striking out any
minor offence and directing that it shall not be proceeded with. Special provision is made for the case of simple drunkenness in Regulation 570. As a rule a charge should not be brought to trial as an addition to a serious charge if it would not otherwise have been tried by court martial.
Change of venue of court martial.
609. If, in the opinion of the District Commandant, a court martial would more conveniently be held at a place other than that where the accused is, he may cause the court to be convened at any place within his command. If it is desired to hold the trial in any place beyond his command, application will be made to head-quarters, with an explanation of the reasons for this course. A saving of expense owing to transit of witnesses or members would be a sufficient reason, but no change of place is to be made when it appears that the accused is likely to be prejudiced in his defence by the change. When the case is to be tried in another command the court will be convened under the orders and on the responsibility of the District Commandant to whose command the accused is removed.
Military witnesses from distant stations
610. When an officer or soldier is required as a witness before a court martial, and is not serving in the district in which the court is to be held, application for his attendance is to be made to the District Commandant in whose district the witness is serving, and the probable day of the assembly of the court should be stated in such application.
Duties devolving on members.
611. The duties devolving upon members of courts martial are most grave and important, and in order to discharge them it is incumbent upon all officers to acquire a knowledge of military law, and the practice of courts martial.
Officers on joining to attend trials.
612. With this object, officers will be required, on first joining, to attend all regimental courts martial for instruction, and such general and district courts martial as the officer commanding the station may direct, for at least six months from the date of their joining; and they are not to be nominated members of courts martial, even if qualified to sit, until their commanding officer deems them competent to perform so important a duty.
Appointment of prosecutor.
613. No officer should be appointed prosecutor to a court martial who is not fully competent to conduct the proceedings, and in difficult cases the convening officer will select a specially qualified officer. If no such officer is available, he should apply as soon as possible to superior authority for the services of one.
Duties of prosecutor.
614. It is the duty of a prosecutor to bring all the facts of a case fully before a court in evidence, and to take care, especially when the accused is not assisted in his defence, that no material fact in connexion with the offence charged is omitted which would, if given in evidence, tell in favour of the accused. Drunkenness is no excuse for the commission of a crime, but if the charges against a soldier do not allege drunkenness, and he was drunk at the time he committed an offence with which he is charged, the prosecutor should bring out this fact in evidence.
Number of members to be detailed.
615. In the case of a general court martial, when a trial is likely to be prolonged it will usually be expedient to form the court of a larger number than the legal minimum, and two or four additional members should be detailed. Waiting members
should also be detailed to meet reduction by challenge. For district and regimental courts martial the legal minimum will ordinarily be sufficient; but if necessary a larger number may be detailed, and waiting members provided. For the trial of doubtful or complicated cases a district court martial should, when possible, consist of five officers. When the minimum number is detailed, not more than one member should he a subaltern.
Prescribed form of order used.
616. Where the composition of a court martial differs from the normal, in respect either of the description or of the rank of the officers ordered to form the court, or on account of the suspension of the operation of a rule, care must be taken to adhere strictly to the prescribed form of the order convening the court, as the legality of the trial may depend on the correct wording of the order.
Courts-martial, A.A.M.C.
617. Applications for the trial by court martial of soldiers of the Australian Army Medical Corps will be made to the District Commandant by the Officers Commanding Australian Army Medical Corps of the district.
DIVISION 9.—FRAMING CHARGES.
Charge-sheet and charge.
618. (1) A charge-sheet contains the whole issue or issues to be tried by a court martial at one time.
(2) A charge means an accusation contained in a charge-sheet that a person amenable to military law has been guilty of an offence.
(3) A charge-sheet may contain one charge or several charges.
(4) In the case of charges preferred against a soldier the charge-sheet should be signed by the officer in actual command of the unit to which the accused belongs.
Provided, however, that when, in the opinion of the District Commandant, such opinion to be expressed in writing and to be conclusive, it is impracticable, having due regard to the public service, to obtain the signature of the officer in actual command of any unit, to any charge-sheet, such District Commandant may either sign the charge-sheet himself, or, by order under his hand, authorize any other officer to sign the charge-sheet.
(5) In the case of charges preferred against an officer the charge-sheet may be signed by either—
(a) The officer in actual command of the unit or corps to which the accused belongs; or
(b) A District Commandant; or
(c) Any military member of the Military Board; or
(d) Any officer authorized in that behalf by the Minister.
Commencement of charge-sheet.
619. (1) Every charge-sheet will begin with the name and description of the person charged, and should state, in the case of an officer, his name and rank, and corps (if any), and in the case of a soldier, his name, number, rank, and corps (if any), and, where he does not at the time of the trial belong to the Defence Force, should show by the description of him, or directly by an express averment, that he is amenable to military law in respect of the offence charged under the provisions of sections 104 or 105 of the Act.
(2) A charge-sheet should set out in one of the following forms:—
(When the accused is a member of the Military Forces)—The accused (number, rank, name, regiment, or corps) a soldier (officer) of the Military Forces, is charged with having while on duty (in uniform) committed the following offence (offences), namely,
or,
(When the accused has ceased to be a member of the Military Forces)—
The accused (name) is charged with having, while being (number, rank) of the ....... regiment (corps), a soldier (officer) of the Military Forces, and while on duty (in uniform) committed the following offence (offences), namely,
or,
(In time of war)—
The accused (number, rank, name, regiment, or corps), a soldier (officer) of the Military Forces on active service within the meaning of the Defence Act is charged with
(3) The word “duty’’ is defined in Regulation 498.
(4) In the case of the Permanent Forces substitute the words “Permanent Military Forces” for the words “Military Forces” in the forms above, and omit the words “while on duty” or “in uniform.” (See Regulation 460.)
Method of preparing charge sheet.
620. (1) Each charge should state one offence only, and in no case should an offence be described in the alternative in the same charge.
(2) Each charge should be divided into two parts:—
(a) The statement of the offence; and
(b) The statement of the particulars of the act, neglect, or omission constituting the offence.
(3) The offence should be stated, if not a civil offence, in the words of the Defence Act or Regulations, and if a civil offence, in such words as sufficiently describe that offence, but not necessarily in technical words.
(4) The particulars should state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect, or omission is intended to be proved against him as such offence.
(5) The particulars in one charge maybe framed wholly or partly by a reference to the particulars in another charge, and in that case so much of the latter particulars as is so referred to shall be deemed to form part of the first-mentioned charge as well as of the other charge.
(6) Where it is intended to prove any facts in respect of which any deduction from ordinary pay can be awarded as a consequence of the offence charged, the particulars should state those facts.
Validity of charge-sheet
621. (1) A charge-sheet shall not be invalid by reason only of any mistake in the name or description of the person charged, if he does not object to the charge-sheet during the trial, and it is not shown that injustice has been done to the person charged.
(2) In the construction of a charge-sheet or charge there shall be presumed in favour of supporting the same, every proposition which may reasonably be presumed to be impliedly included, though not expressed therein.
Offences of stablemen and stable sentry.
622. In framing charges for offences in the case of soldiers employed in taking care of horses and stables, it will be borne in mind that the Regulations referring to sentries do not apply to “stablemen,” which expression applies only when the orders regarding the posting and relief of sentries are not strictly carried out; but when a soldier of a stable guard or picquet is posted over horses or otherwise as a sentry, and is regularly relieved as such, he is to be regarded in every respect as a sentry, notwithstanding that he may have been posted without arms.
Court-martial stoppages.
623. When a soldier is to be tried by court martial for an offence of “Fraudulent Enlistment,” and the evidence appears to disclose that by committing such offence he has obtained a free kit to which he was not entitled, the words “thereby obtaining a free kit, value ........,” should be added to the particulars of the charge, the value being assessed according to the “Clothing Regulations.” If the soldier is convicted of the offence, the court, after satisfying themselves that compensation for such free kit is due to the public, should invariably award a sentence of payment for the value thereof as stated in the charge.
Framing charges under section 79 of Act or under Regulation 494 (1) (xxxiv).
624. In framing charges under paragraph (xxxiv) of Regulation 494 (1) or under section 76 of the Defence Act, if there is no evidence of some positive act of pawning or selling arms, equipment, clothing, &c., a charge of “making away with” should not be preferred. When, therefore, articles of this description are found to be deficient through the culpability of a soldier under the above conditions, it will be sufficient to prefer a charge of losing by neglect.
Value to be stated on charge.
625. The value of any article for which it is desired that the court shall sentence the offender to pay should be stated in the “particulars” of the charge. This, in the case of kit, applies only to articles the value of which has to be made good to the public. Except as provided in Regulation 623, it will be unnecessary to set forth the value of necessaries and clothing that are the property of the soldier, the specification of which is required only to acquaint the soldier with the particular articles he is charged with making away with, or losing by neglect, and to enable him to answer to the charge. Any deficiency of necessaries and personal clothing has to be made good by the soldier as a matter of account between him and his captain (subject to his right of complaint under Regulation 459), and no sentence of a court martial is required.
To be actual values.
626. The values of articles of Government property stated in the particulars of a charge are to be the actual values whenever such actual values can be accurately determined according to regulation. When this, computation cannot be effected, and values in excess of the sum subsequently found to be required to make good the expenses, loss, damage, or destruction are necessarily stated in the charge, and corresponding deductions have been included in the sentence of the court, regard must be had to the provisions of section 97 (c) of the Defence Act, and Regulations 548 and 558, in making deductions from the soldier’s pay.
DIVISION 10.—PREPARATION OF DEFENCE BY ACCUSED PERSON.
Opportunity for accused to prepare defence.
627. The accused person for whose trial a court martial has been ordered to assemble shall be afforded proper opportunity of preparing his defence, and shall be allowed free communication with his witnesses, and with any friend or legal adviser with whom he may wish to consult.
Information of charge and delivery of list of officers to accused.
628. (1) The accused before he is arraigned should be informed by an officer of every charge on which he is to be tried; and also that, on his giving the names of any witnesses whom he desires to call in his defence, reasonable steps will be taken for procuring their attendance, and those steps shall be taken accordingly; the interval between his being so informed and his arraignment should not be less, in the case of a regimental court, martial, than eighteen, and in the case, of any other court martial than twenty-four, hours.
(2) The officer, at the time of so informing the accused, should give the accused a copy of the charge-sheet and a true copy of the summary of evidence and, where the accused is a soldier, should, if necessary, explain the charge-sheet and charges to him, and should also, if he is illiterate, read the charges to him.
(3) A list of the names, rank, and corps (if any) of the president and officers who are to form the court, and where officers in waiting are named, also of those officers, should, as soon as the president and officers are named, be delivered to the accused if he desires it.
(4) If it appears to the court that the accused is liable to be prejudiced by any non-compliance with this rule, the court should take steps, and, if necessary, adjourn to avoid the accused being so prejudiced.
Joint trial of accused persons.
629. Any number of accused persons may be tried together, for an offence charged to have been committed by them collectively, but in such a case notice of the intention to try the accused persons together should be given to each of the accused at the time of his being informed of the charge, and any of the accused may claim, either by notice to the authority convening the court, or, when arraigned before the court, by notice to the court, to be tried separately on the ground that the evidence of one or more of the other accused persons proposed to be tried together with him will be material to his defence; the convening authority or court, if satisfied that the evidence will be material, and if the nature of the charge admits of it, shall allow the claim, and the accused making the claim shall be tried separately.
DIVISION 11.—SENTENCE.
Sentences of courts martial.
630. When passing sentence, a court martial will have regard not only to the nature and degree of the offence and the previous character of the accused, as proved in evidence, but also to the nature and amount of any such consequences which, by virtue of any statute, warrant, order, or regulation, are involved in their finding, or entailed by their sentence, in addition to the punishment awarded by the court.
Previous convictions to be stated in evidence.
631. All convictions, whether by court martial or by civil courts (except as provided in paragraph (a) of sub-regulation (2) of Regulation 886) for offences committed by a soldier during his service, including any time passed in a state of desertion, will be given in evidence against him. The court will consider if any circumstances have been disclosed by the evidence in extenuation or aggravation of the offence. In awarding imprisonment or detention they will keep in view the locality and climate in which the accused has to undergo his sentence. Sentences must vary according to the requirements of discipline, but in ordinary circumstances, and for the first offence, a sentence should be light. Care must be taken to discriminate between offences due to youth, temper, sudden temptation, or unaccustomed surroundings, and those due to premeditated misconduct.
Sentences of imprisonment may be commuted to detention.
632. (1) A soldier who is convicted by a court martial of an offence under paragraphs (xxiii), (xxvii), or (xxviii) of Regulation 494 (1) ought, unless in the opinion of the court there are special reasons to the contrary, to be sentenced to imprisonment, and undergo his sentence in a civil prison, but in cases where the confirming officer does not consider the soldier should be discharged from the service as a consequence of his conviction, he may commute the sentence of imprisonment to one of detention. These offences should not be dealt with by a court martial inferior to a district court martial.
(2) Detention has been introduced into the scale of punishments in order that soldiers, convicted of purely military offences, should not, as a rule, be subject to the stigma attached to imprisonment. The latter punishment ought, as a rule, to be reserved for men convicted of serious offences, or of grave military offences, which in the opinion of the court render their discharge with ignominy advisable.
(3) Where, therefore, a soldier has for a purely military offence been sentenced by a court martial to imprisonment without discharge with ignominy, the confirming officer, or other superior authority, should, except under very special circumstances, commute the sentence to a sentence of detention.
(4) When a sentence of imprisonment is commuted into one of detention, the term of detention shall in no case exceed the term of imprisonment originally awarded.
(5) A sentence of detention, being lower in the scale of punishments than imprisonment, cannot be commuted into one of imprisonment.
(6) Where a soldier has been sentenced to imprisonment and to be discharged with ignominy, and a confirming officer, or other superior authority, commutes the imprisonment to detention, he will, in such a case remit the discharge with ignominy, as such a discharge cannot accompany a sentence of detention. The converse will also hold good, that is, when a confirming authority remits a discharge with ignominy, he will at the same time commute the sentence of imprisonment to one of detention.
Military offences.
633. A soldier who is convicted by a court martial of a purely military offence, and who, at the expiration of his sentence, will rejoin his corps, should not ordinarily be sentenced to imprisonment.
Imprisonment cannot be enforced by regimental court martial or Commanding Officer.
634. The powers of a regimental court martial, and of a Commanding Officer, will not extend to the award of imprisonment. A regimental court martial or a Commanding Officer may award detention, and a soldier awarded detention will undergo his sentence in a place of detention or any prescribed institution or place. He cannot be sent to a prison for that purpose, but a soldier sentenced to imprisonment by a district or general court martial may undergo his sentence in a place of detention or any prescribed institution or place.
General instructions.
635. The following general instructions are issued for the guidance of courts martial, but nothing contained in them must be construed as limiting the discretion of the court to pass any legal sentence, whether in accordance with these instructions or not, if in their opinion there is good reason for doing so:—
Offences. | Punishment. | Remarks. | |
Detention. | Imprisonment | ||
Period. | Period. | ||
(a.) In the absence of a previous conviction, or of aggravating circumstances, or of antecedents appearing to require a severe lesson, or of an unusual prevalence* in the unit or garrison of the species of offence forming the subject of the charge. First desertion within first six months’ service, and when not under orders for embarkation. Leaving guard or post. Offence of sentries. Insubordinate or threatening language. Disobedience not of a grave nature. Resisting escort, not involving an attempt at serious injury. Breaking out of barracks. Neglect of orders. Absence. Failing to appear at parade. Being out of bounds. Drunkenness. Release of person or allowing person to escape (not wilfully). Escaping from custody. Loss of kit, &c. Irregularity or omission in regard to returns (not fraudulent). Minor contempt of court martial. False answer on attestation. Conduct to prejudice, &c. (not of a serious nature). | Not exceeding 28 days. | .. | An addition of from 7 to 28 days’ detention may appropriately be made in the case of each previous conviction, whether for a similar, or any other offence, or of any circumstances that aggravate† the gravity of the offence, provided that the full detention does not exceed 90 days. |
* Where an offence is unusually prevalent in a district or garrison, attention should be drawn to the fact periodically in local orders, and not by special directions to courts martial.
† Cases of absence, or failing to appear at parade, which involve the avoidance of embarkation will be held to aggravate the gravity of such offences.
Offences. | Punishment. | Remarks. | |
Detention. | Imprisonment. | ||
Period. | Period. | ||
|
|
|
|
(b) Striking a superior officer. Disobeying a lawful command (graver cases). Fraudulent enlistment. False evidence. False accusation. | Not exceeding 60 days. | .. | If the offence has been repeated or attended with circumstances which add to its gravity, a sentence should be proportionately increased. |
(c) Ordinary theft........... Frauds. | .. | Not exceeding 60 days. | If the offence has been repeated, or attended with circumstances which add to its gravity, the sentence may be proportionately increased to imprisonment not exceeding 90 days. |
(d) An offence under para. (li.) of Regn. 494 (1). | .. | Not exceeding 90 days. | ........................ |
(e) Gross violence to superiors Disgraceful conduct under para (xxviii.) of Regn. 494 (1). | .. | Not exceeding 90 days. | ........................ |
Conviction on more than one charge.
636. When an offender is convicted on two or more charges, the sentence should be that which is considered adequate for the gravest of the offences, with some addition for each of the other charges.
Discharge with ignominy.
637. The addition of “discharge with ignominy” to a sentence of imprisonment is, as a rule, advisable in the case of any persistent offender, e.g., who has been twice previously convicted of desertion or fraudulent enlistment. It should also be awarded for an offence under paragraph (li) of Regulation 494 (1), or those coming under (c), (d), or (e) of the table to Regulation 635.
Punishment of imprisonment.
638. (1) The awarding of the punishment of imprisonment shall be reserved for general and district courts martial only.
(2) A soldier who is convicted by a court martial of an offence under paragraphs (xxiii), (xxvii), and (xxviii) of Regulation 494 (1) shall be sentenced to imprisonment (The offence shall not be dealt with by a court martial inferior to a district court martial.).
(3) A general or district court martial shall have power to sentence a soldier to imprisonment for a purely military offence; but this power shall not, except under very special circumstances, be exercised when it is intended that the soldier should rejoin for duty at the expiration of his sentence.
(4) If sentenced to imprisonment and discharge with ignominy, the soldier shall be sent to a public prison to undergo his sentence.
(5) If sentenced to imprisonment without discharge, the soldier shall be sent to a public prison to undergo his sentence. Provided, if the term of imprisonment awarded is short, and if the confirming authority so directs, the soldier may undergo his sentence in a detention barrack.
Detention
639. (1) A discharge with ignominy shall not accompany a sentence of detention.
(2) A regimental court martial may award the punishment of detention.
(3) If a soldier is sentenced to detention he shall undergo his sentence in a detention barrack or in a detention room, but not in a prison.
640. A court martial in framing sentences will observe the following rules:—
(a) Terms of imprisonment or detention not amounting to six months will be awarded in days.
(b) Terms of imprisonment or detention of one year and two years will be awarded in years.
(c) Other terms of imprisonment or detention will be awarded in months, or, if required, in months and days.
Power as to restitution of stolen property.
641. (1) Where a person has been convicted by court martial of having stolen, embezzled, received, knowing it to be stolen, or otherwise unlawfully obtained, any property, and the property or any part thereof is found in the possession of the offender, the authority confirming the finding and sentence of such court martial, or the Military Board, may order the property so found to be restored to the person appearing to be the lawful owner thereof.
(2) A like order may be made with respect to any property found in the possession of such offender, which appears to the confirming authority or Military Board to have been obtained by the conversion or exchange of any of the property stolen, embezzled, received, or unlawfully obtained.
(3) Moreover, where it appears to the confirming authority or Military Board from the evidence given before the court martial, that any part of the property stolen, embezzled, received, or unlawfully obtained was sold to or pawned with any person without any guilty knowledge on the part of the person purchasing or taking in pawn the property, the confirming authority or Military Board may, on the application of that person, and on the restitution of the said property to the owner thereof, order that out of the money (if any) found in the possession of the offender, a sum not exceeding the amount of the proceeds of the sale or pawning shall be paid to the said person purchasing or taking in pawn.
(4) An order under this section shall not bar the right of any person, other than the offender, or any one claiming through him, to recover any property or money delivered or paid in pursuance of an order under this section from the person to whom the same is so delivered or paid.
Theft, &c., stoppages for.
642. If the accused has been sentenced to a payment in respect of the property stolen, or unlawfully obtained, and any sum of money which has been found upon him has been appropriated to the above use, the accused should be made to pay for the balance only of the stoppage awarded by the court. In cases where the theft has been coupled with desertion a reference is to be made for the decision of the Military Board.
DIVISION 12.—CONFIRMATION AND PROMULGATION OF SENTENCE.
Confirmation, revision, and approval of sentences.
643. (1) The authority having power to confirm the finding and sentence of a court martial may send back such finding and sentence, or either of them, for revision once, but not more than once, and it shall not be lawful for the court on any revision to receive any additional evidence; and where the finding only is sent back for revision, the court shall have power without any direction to revise the sentence also. In no case shall the authority recommend the increase of a sentence, nor shall the court martial on revisal of the sentence, either in obedience to the recommendation of an authority, or for any other reason, have the power to increase the sentence awarded.
(2) The finding of acquittal, whether on all or some of the offences with which the accused is charged, shall not require confirmation or be subject to be revised, and if it relates to the whole of the offences shall be pronounced at once in open court, and the accused shall be discharged.
(3) A member of a court martial shall not have authority to confirm the finding or sentence of that court martial, and where a member of a court martial becomes confirming officer he shall refer the finding and sentence of the court martial to a superior authority competent to confirm the findings and sentences of the like description of courts martial, and that authority shall, for the purposes of the Act, be deemed to be in that instance the confirming authority.
(4) An officer having authority to confirm the finding and sentence of a court martial may withhold his confirmation, wholly or partly, and refer such finding and sentence, or the part not confirmed, to any superior authority competent to confirm the findings and sentences of the like description of courts martial, and that authority shall for the purpose of the Act be deemed to be in that instance and to the extent of such reference the confirming authority.
(5) Subject to the provisions of the Defence Act and Regulations with respect to the finding of acquittal, the finding and sentence of a court martial shall not be valid except in so far as the same may be confirmed by an authority authorized to confirm the same.
Procedure confirming officer.
644. (1) In the case of a finding which does not require confirmation the confirming officer shall not make any remarks in the proceedings, but if he thinks that anything in the case requires further attention he shall report it to superior authority.
(2) In the case of findings of sentences which require confirmation the confirming authority—
(a) May direct the re-assembly of the court for revision of the finding or sentence, or either of them, stating the reasons for such revision; and
(b) Upon receiving the proceedings, whether original or revised, may confirm or refuse confirmation, and may add any remarks on the case which such authority may think fit, and such confirmation and remarks shall be entered in and form part of the proceedings.
Commutation and remission of sentences.
645. (1) The confirming authority may, when confirming the sentence of any court martial, mitigate or remit the punishment thereby awarded, or commute such punishment for any less punishment or punishments to which the offender might have been sentenced by the said court martial. The confirming authority may also suspend for such time as seems expedient the execution of a sentence.
(2) When a sentence passed by a court martial has been confirmed, the authorities who had power to confirm shall have power to mitigate or remit the punishment thereby awarded, or to commute such punishment for any less punishment or punishments to which the offender might have been sentenced by the said court martial.
(3) Provided that the power given by this Regulation shall not be exercised by an officer holding a command inferior to that of the authority confirming the sentence, unless such officer is authorized by such confirming authority or other superior military authority to exercise such power.
(4) An authority having power under this or any other Regulation to mitigate, remit, or commute any punishment may, if it seem fit, do all or any of those things in respect of a person subject to such punishment.
Revision.
646. (1) Where the finding or sentence is sent back for revision, the court should reassemble in closed court, and shall not receive any further evidence.
(2) Where the finding is sent back for revision, and the court do not adhere to their former finding, they shall revoke the finding and sentence, and record a new finding, and, if the new finding involves a sentence, pass sentence afresh.
(3) Where the sentence alone is sent back for revision, the court shall not revise the finding.
(4) After revision, the president shall date and sign the decision of the court, and the proceedings, upon being signed by the judge-advocate (if any) shall be at once transmitted for confirmation.
Mitigation of sentence on partial confirmation.
647. (1) Where a sentence has been awarded by court martial in respect of offences in several charges, and the confirming authority confirms the finding on some but not on all of such charges, that authority shall take into consideration the fact of such non-confirmation, and shall, if it seems just, mitigate, remit, or commute the punishment awarded according as seems just, having regard to the offences in the charges the findings on which are confirmed.
(2) Where a sentence has been awarded by a court martial in respect of offences in several charges and has been confirmed, and any one of the charges or the finding thereon is found to be invalid, the authority having power to remit or commute the punishment awarded by such sentence shall take into consideration the fact of such invalidity, and if it seems just, mitigate, remit, or commute the punishment awarded according as seems just, having regard to the offences in the charges which, with the findings thereon, are not invalid, and such punishment shall be as valid as if it had been originally awarded only in respect of those offences.
(3) Where a sentence passed by a court martial has been confirmed, and is found from any reason to be invalid, the authority who would have had power to commute the punishment awarded by such sentence if it had been valid may pass
a valid sentence, and the sentence so passed would have the same effect as if passed by the court martial, but the punishment awarded by such sentence shall not be higher in the scale of punishment than the punishment awarded by the invalid sentence, nor, in the opinion of the said authority, be in excess of the last-mentioned punishment.
Confirmation finding on alternative charges.
648. (1) Where a special finding has been recorded in relation to alternative charges under Rule of Procedure 44 (f), and the confirming authority is of opinion that the facts found by the special finding constitute in law the offence charged by any of the alternative charges, that authority may confirm the finding, and in that case shall declare that the finding amounts to a finding of guilty on that charge; but if it is afterwards declared by any authority having power to remit or commute the punishment awarded that the said facts constitute in law the offence charged in one of the other alternative charges, then the confirming authority, or such other authority as aforesaid, may declare that the finding amounts to a finding of guilty on that alternative charge; and the finding shall be a valid finding of guilty on the charge specified in that behalf in the declaration made on confirmation, or, in case of a subsequent declaration, in that subsequent declaration.
(2) The sentence awarded in the case of any such special finding may likewise be confirmed, subject to this proviso, that if the offence in one of the alternative charges involves a higher punishment, or is otherwise graver, than the offence in the charge of which the offender is found to be guilty under the terms of any declaration mentioned in sub-regulation (1) of this Regulation, the authority making the declaration, or some other authority having power to mitigate, remit, or commute the punishment awarded, shall mitigate, remit, or commute the punishment according as seems just, having regard to the last-mentioned offence; and the punishment as so modified shall be as valid as if it had been originally awarded in respect of the last-mentioned offence.
Confirmation notwithstanding informality in or excess of punishment.
649. (1) If the sentence of a court martial is informally expressed, the confirming authority may, in confirming the sentence, vary the form so that is shall be properly expressed; and if the punishment awarded by the sentence is in excess of the punishment authorized by law, the confirming authority may vary the sentence so that the punishment shall not be in excess of the punishment authorized by law; and the confirming authority may confirm the finding and the sentence as so varied of the court martial.
(2) Whenever it appears that a court martial had jurisdiction to try any person, and that that person was charged with some offence or offences under the Act or Regulations, and was shown by legal evidence to have been guilty of the offence or one of the offences charged, the finding in respect of the offence or offences of which he is so shown to be guilty, and the sentence may be confirmed, and, if so confirmed, shall be valid, notwithstanding any deviation from the Regulations or the Rules of Procedure, or any defect or objection, technical or other, unless it appears that any injustice has been done to the offender; but nothing in this Regulation shall relieve an officer from any responsibility for any wilful or negligent disregard of any of the Regulations.
Confirming authority to regulate punishment.
650. It is the province of a confirming authority, by the exercise of his powers of commutation or mitigation, to regulate the amount of punishment awarded by courts martial, and to insure that the findings and sentences are legal, and that no sentence is heavier than the interests of discipline and the merits of the particular case require.
Remarks and promulgation.
651. A confirming authority, when the proceedings require confirmation, will record such remarks as may seem to him fit on any matter connected with the trial, and may direct his observations to be promulgated, either with the proceedings, or as he may think desirable. When, however, he finds it necessary to comment on the inadequacy of a sentence, his remarks are not to form part of the minute of confirmation, or to be attached to the proceedings, but will either be communicated in a separate minute to the members of the court, or, in exceptional cases, where, in the interests of discipline, a more public instruction is required, will be made known by publication in the orders of the command.
Remarks in cases of acquittal.
652. If an officer who would have confirmed the finding and sentence of a court, had the trial resulted in a conviction, thinks it necessary to remark upon the proceedings in a case where the accused has been acquitted, he will not annex his observations to the proceedings, but will embody them in a letter for the information of superior authority. In the case of a regimental court martial, the report will be made to the District Commandant, who will give such orders as may be necessary; in the case of a general or district court martial, the matter will be referred to the Military Board.
To withhold confirmation from illegal proceedings.
653. If it appears to a confirming authority that the proceedings of a court martial are illegal, or involve substantial injustice to the accused, and he has not confirmed the finding and sentence, he will withhold his confirmation; if he has confirmed the finding and sentence he will direct the record of the conviction to be removed, and the soldier to be relieved from all consequences of his trial. If he is in doubt, he may refer the case for the opinion of superior authority. When the circumstances of the case admit of reference without undue delay, the proceedings of courts martial that have been confirmed will not be quashed without reference to the Attorney-General. If the proceedings can be legally sustained, and there is no substantial injustice, but an irregularity, authority will consider what reduction of the sentence (if any) is due to the accused. The same rule will apply when the proceedings of a court martial, after confirmation, come under the review of any other authority competent to deal with them. Except as above provided, when a soldier has been tried and sentenced by court martial, and the proceedings have been confirmed, but the sentence has been wholly remitted, the remission does not extend to any penalty or forfeiture consequent on the conviction.
Proceedings to be preserved.
654. The proceedings of general and district courts martial are to be transmitted and preserved as directed by section 99 (1) of the Act, and of regimental courts martial as directed by section 99 (2) of the Act.
Promulgation.
655. The charge, finding, sentence, and confirmation of a court martial shall be promulgated in such manner as the confirming authority may direct; and if no direction is given, according to the custom of the service.
Reading on parade, &c.
656. The proceedings of courts martial, including the charge, finding, sentence, and confirmation, should he promulgated whenever practicable by being read out on parade, or in such other manner as may be directed for the particular occasion; in all cases, however, the promulgation must include the communication of the foregoing particulars to the accused. The date of promulgation will, when practicable, be recorded upon the proceedings.
Covering letters.
657. All proceedings of courts martial, whether transmitted before or after promulgation, are to be accompanied by a letter specifying the nature of the contents.
Disposal of proceedings after promulgation.
658. The proceedings of a regimental court martial will, when promulgated, be returned to the District Commandant, who will make any necessary communication respecting them to the president and judge advocate (if any) for their information.
Delay in transmission to be reported.
659. If the proceedings of a general or district court martial have not been forwarded to the Military Board within one month from the date of confirmation, a special report of the cause of delay is to be made.
Right of person tried to copy of proceedings.
660. Any person tried by a court martial shall be entitled, on demand at any time within six months after the confirmation of the finding and sentence of the court, to obtain from the officer or person having the custody of proceedings of such court a copy thereof, including the proceedings with respect to the revision and confirmation thereof, upon payment for the same at the prescribed rate, not exceeding twopence for every folio of seventy two words; and for the purposes of this Regulation the proceedings of courts martial shall be preserved in the manner prescribed in section 99 of the Act.
Rate of payment for copies of proceedings.
661. The rate at which copies of the proceedings of a court martial are to be supplied shall be the actual cost of the copy required, not exceeding twopence for every folio of seventy-two words; and the officer or person having the custody of those proceedings must, on demand made within the time limited for the preservation of such proceedings, supply a copy accordingly to any person tried by such court martial.
Loss of proceedings.
662. (1) If the original proceedings of a court martial, or any part thereof, are lost, a copy thereof, if any, certified by the president of or the judge advocate at the court martial, may be accepted in lieu of the original.
(2) If there is no such copy, and sufficient evidence of the charge, finding, sentence, and transactions of the court can be procured, that evidence may, with the assent of the accused, be accepted in lieu of the original proceedings, or part thereof lost.
(3) In any case above in this rule mentioned, the finding and sentence, if requiring confirmation, may be confirmed, and shall be as valid as if the original proceedings, or part thereof, had not been lost.
(4) If, in a case where confirmation of a finding or finding and sentence is required, the proceedings, or part thereof, were lost before confirmation, and there is no such copy or evidence, or the accused refuses such assent, as above mentioned, the accused may be tried again, and, on the issue of an order convening the court for such trial, the said finding and sentence of the previous court, of which the proceedings were so lost, shall be null.
DIVISION 13.—IMPRISONMENT AND DETENTION.
Execution of sentences of imprisonment and detention.
663. (1) Where a sentence of imprisonment is passed by a general or district court martial, the person on whom such sentence is passed (hereinafter, in the Regulations relating to imprisonment, referred to as a soldier under sentence) shall undergo the term of imprisonment either in military custody, or in a public prison, or in a prescribed institution or place, or partly in one way and partly in another, and where a sentence of detention is passed by a civil court or regimental court martial, or a Commanding Officer, the person on whom that sentence is passed shall undergo the term of his detention either in military custody, or in a prescribed institution or place, or partly in one way and partly in the other, but not in a prison.
(2) The order of the committing authority hereafter mentioned shall be a sufficient warrant for the transfer of a soldier under sentence to a public prison.
(3) A soldier under sentence while in a public prison shall be confined, kept to hard labour, and otherwise dealt with in the like manner as an ordinary prisoner, under a like sentence of imprisonment; and where the hospital or place for the reception of sick prisoners in such prison is detached from the prison, may be detained in such hospital or place, and conveyed to and from the same as circumstances require.
(4) A soldier under sentence during his conveyance from place to place, or when on board ship or otherwise, may be subjected to such restraint as is necessary for his detention and removal.
(5) The discharging authority hereafter mentioned may (see para (b) of Regulation 664), at any time during the period of a soldier under sentence undergoing his imprisonment, by order discharge the soldier under sentence.
(6) The committing authority, or any other prescribed authority, may at any time by order remove a soldier under sentence from one public prison to another. (See para. (b) of Regulation 664)
(7) The removing authority hereafter mentioned may at any time during the period of the soldier under sentence undergoing his sentence in a public prison, from time to time by order provide for his being brought before a court martial, or any civil court, either as a witness, or for trial, or otherwise, and an order of such authority shall be a sufficient warrant for delivering him into military custody and detaining him in custody until he can he returned, and returning him to the place from whence he is brought, or to such other place as may be determined by the removing authority. (Sec. 116 D.A.)
Public prison, committing, removing, and discharging authority.
664. Where a sentence of imprisonment or detention is passed or is being undergone, then, for the purpose of the provisions of the Defence Act and Regulations relating to imprisonment or detention—
(a) The expression “public prison” means any prison in which offenders sentenced by a civil court to imprisonment can for the time being be confined.
(b) Any one or more of the following officers shall be the committing authority, or removing authority, or discharging authority:—
(i) The Adjutant-General; or
(ii) The District Commandant of the Military District in which the soldier under sentence may be; or
(iii) The officer who confirmed the sentence; or
(iv) Where the sentence was passed by the Commanding Officer, the Commanding Officer.
Commencement of term of imprisonment or detention.
665. The term of imprisonment or detention to which a person is sentenced by a court martial, whether the sentence has been revised or not, and whether the soldier under sentence is already undergoing sentence or not, shall be reckoned to commence on the day on which the original sentence and proceedings were signed by the president of the court martial.
DIVISION 14.—PLACES OF DETENTION AND PUBLIC PRISONS.
Appointment of detention barracks.
666. (1) Places of detention are intended for the confinement of soldiers summarily awarded detention by Commanding Officers for carrying into effect sentences of imprisonment or detention by court martial or civil courts, and for the detention of persons committed to the custody of the prescribed authority by a civil court under sections 135 and 135a of the Act.
(2) The barracks occupied by the Permanent Forces at each military station, or any place kept or used for military purposes, or any other institution approved by the Minister, are appointed places of detention under section 116 of the Act, and soldiers under sentence may be confined in such portion thereof as may be approved by the District Commandant.
(3) The Officer Commanding the Royal Australian Artillery in each district, or any other officer appointed by and under the orders of the District Commandant, is charged with the general discipline, management, and care of places of detention.
Warrants.
667. Forms of warrants for the commitment, removal, and discharge of soldiers sentenced by court martial to imprisonment or detention, or awarded detention, by a Commanding Officer, are contained in Appendix II.
Soldiers under Sentence.
When the district has no prison or detention barrack accommodation.
668. In districts that are without public prisons or places of detention, application will be made to the Military Board for instructions as to the disposal of soldiers under sentence.
Form of committal.
689. The order of commitment to a public prison will usually be signed by the Commanding Officer of the soldier under sentence, unless he receives a commitment signed by some superior authority. The order of commitment to a detention barrack will be signed by the Commanding Officer of the soldier under sentence, and when a soldier under sentence, who is temporarily confined in a detention barrack, is transferred to a public prison a fresh commitment must be sent with him for his admission into a public prison. In the case of the commitment of a soldier to a public prison or detention barracks by order of a civil court, the order of commitment will be signed according to the usual procedure adopted by such court for the commitment of persons sentenced to imprisonment. (Section 115 D.A.)
Medical certificate to accompany every commitment.
670. Every commitment to a civil prison is to be accompanied by a medical certificate of the state of health of the soldier under sentence. When the medical officer considers the soldier under sentence unfit for the ordinary hard labour of the prison, he is to state the grounds on which his opinion is based.
Documents to be sent with soldier under sentence.
671. When a soldier under sentence is committed to a place of detention, his conduct sheet and medical history sheet will be sent with him. On the soldier’s release from prison or place of detention, the medical history sheet will be returned to the Commanding Officer, who will send it back to the medical officer. When the commitment is to a civil prison, copies of the soldier’s company conduct sheet and medical history sheet will be sent with him.
Temporary detention of soldier under sentence.
672. A soldier under sentence may, by an order signed by his Commanding Officer, be committed for temporary detention not exceeding seven days to any place of detention, police station, lock-up, or other place of confinement in which prisoners may legally be confined. This order may be made at any time in case of necessity.
Removal of Soldiers under Sentence.
When soldiers under sentence may be removed from a public prison.
673. A soldier under sentence undergoing his sentence in a public prison in Australia may be removed from prison by the military authorities—for the purpose of bringing him before a court, military or civil, either for trial, or as a witness, or otherwise; and for embarkation for service at another station.
Expenses of escorts at civil courts.
674. When a soldier under sentence or a soldier in military custody is bound over under recognizances to appear as a witness before a civil court, and it is necessary to send him there under escort, the non-commissioned officer in charge will be furnished with the necessary funds by his Commanding Officer, and will be instructed to apply to the court for the expenses of the escort, as well as those of the soldier under sentence. Failing the grant of the expenses, the Commanding Officer will report the circumstances to the District Commandant.
Removal of soldier under sentence to be brought before a court.
675. An order for the removal of a soldier under sentence from a public prison for the purpose of being brought before a court martial or civil court will be made by the Officer Commanding the District, or station, in which the prison is situated. The escort which removes him will obtain from the
governor of the gaol the original order of commitment, and will return it to the governor of the gaol to which the soldier under sentence is returned. If he is returned to a different prison, the Officer Commanding the district or station where the soldier under sentence is at the time of his return will make an order for his return to that prison, which will be delivered to the governor with the original order of commitment.
Detention in custody on board ship.
676. The commander of a ship is authorized to receive and detain, as in military custody, any person under sentence, charged with an offence, whose conveyance by sea from one station to another in Australia has been sanctioned by a military authority. When, therefore, a person under sentence is sent by sea, either without an escort or with an insufficient escort, under this provision, a special order authorizing the person under sentence to be conveyed by sea should be issued, either at the place of departure or at the port of embarkation, and produced to the commander of the ship. The embarkation of the person under sentence should be duly notified to the officer commanding at the port of disembarkation, in order that proper arrangements may be made there to receive him over from the commander of the slip.
Removal of soldiers under sentence from detention barracks on change of station.
677. When units move from one station to another, the soldiers under sentence confined in a place of detention are to be taken with them, and re-committed to the place of detention at the new station. The removal from the place of detention will be effected by an order signed by the Commanding Officer, under the conditions laid down in Regulation 680.
Remission of Imprisonment or Detention.
Remission of imprisonment or detention, how carried out.
678. When any portion of the sentence of imprisonment or detention which a soldier under sentence is undergoing is remitted by a competent authority, notice of the remission will be sent, when necessary, to the Officer Commanding the district or station in which the prison or place of detention is, who will make the order for his discharge, and give orders for carrying out the same. In remitting sentences of imprisonment or detention, care must be taken that the order is so worded as to admit of the discharge of the soldier under sentence from confinement taking place on the expiration of the reduced term of imprisonment or detention.
Discharge from Prison.
Discharge from public prison.
679. An order for the discharge of a soldier under sentence confined in a public prison will not be required unless the release of a soldier under sentence from prison is desired before the termination of the sentence which he has to undergo. It is to be observed that a soldier discharged from a public prison cannot be received over into military custody under the sentence which he has been undergoing. A District Commandant may, by an order signed by him, cause a soldier under sentence to be discharged from a public prison, but the order should not be made except in case of necessity, where the immediate liberation of the soldier under sentence is required. The order should state the necessity of the case, and care is to be taken that it is transmitted or delivered in such a manner as to enable the governor of the prison to determine the authenticity of the order.
Discharge of soldier from detention awarded by his commanding officer.
680. (1) When a soldier under sentence is undergoing detention under award of his Commanding Officer in a place of detention, the Commanding Officer of the soldier under sentence may, by an order signed by him, cause the soldier under sentence to be discharged from detention before the expiration of the award.
(2) When a soldier under sentence is undergoing detention under award of his Commanding Officer in a place of detention, the Commanding Officer of the soldier under sentence may, by an order signed by him, cause the soldier under sentence to be discharged from detention for the purpose of removal with his corps or for embarkation, and the soldier under sentence will in such case he received into custody of an escort, and may be kept in confinement in the guard-room until the expiration of the term of detention awarded.
(3) A soldier under sentence as above in a place of detention may similarly he discharged, and may be released from further confinement, and, if released, the discharge will be held to include the remission of the unexpired portion of the detention.
Soldiers not to do duty on day of release.
681. Soldiers released from a place of detention or prison at any hour will be confined to barracks, and be exempted from duty for the remainder of the day. Whenever an exceptional case occurs of a man being placed on duty on the day of his release, a special report of the same is to be made to superior authority.
Strength of escorts.
682. The escort of a soldier under sentence is, as a rule, to consist of one corporal and one private; if the soldier under sentence is to be conducted to his unit after surrendering himself, a non-commissioned officer only is sufficient. When parties of two or more soldiers under sentence are to be removed from one station to another, the number of privates to form the escort need not in ordinary cases exceed half the number of soldiers under sentence. Escorts, on arrival at the head-quarters of a district, unless their journey would be delayed thereby, should report themselves to the garrison sergeant-major.
Conveyance to prison.
683. Covered conveyances for persons under sentence proceeding to prison, or to any prescribed institution, or place of detention, must in all cases be provided. Waggons belonging to the Army Service Corps should, when available, he employed for this service; otherwise conveyance may be hired. The money required for conveying persons under sentence to prison or to a place of detention will be charged to travelling expenses.
Safe custody of soldiers under sentence.
684. Escorts are answerable for the safety of persons under sentence intrusted to their charge, and will be provided with handcuffs from the regimental stores for use in case of necessity. District Commandants may use their discretion as regards dispensing with persons under sentence being handcuffed, but if a Commanding Officer considers it necessary that a person under sentence should he handcuffed in any special case, he will give orders accordingly. Persons under sentence should never he marched in military custody through the streets, unless such a course is absolutely unavoidable.
N.C.O. to receive soldiers under sentence on termination of sentence.
685. A non-commissioned officer, furnished, unless otherwise ordered, by the unit the soldier under sentence is to join, and when necessary, provided with a regimental route for the journey, will be sent to take over every soldier under sentence on the termination of his imprisonment.
N.C.O.’s receiving soldiers from another corps.
686. Non-commissioned officers sent to receive soldiers from military custody in another corps will be provided with money to refund the cost of their subsistence while in barracks or in a guard-room.
DIVISION 15.—MANAGEMENT OF PLACES OF DETENTION.
Discipline and Treatment of Soldiers under Sentence.
Discipline, &c., of soldiers under sentence.
687. All soldiers in confinement, whether under sentence of court martial, civil court, or by the award of the Commanding Officer, are to be dealt with alike, and subjected to the same discipline during their confinement in places of detention.
Daily routine of work.
688. A soldier under sentence will rise at 6 o’clock a.m., and will go to bed at 8.45 p.m., lights being extinguished at 9 o’clock p.m. throughout the year. The daily routine of employment during week days (Christmas Day and Good Friday excepted) will consist of two periods of drill (physical training) of one hour each, and such general fatigue work as may be directed by general or other officers commanding to suit the local circumstances of each station and the season of the year.
Separate confinement.
689. When separate confinement of each soldier is not practicable, three or more may be placed together if the rooms or wards are sufficiently spacious; but two soldiers are never to be locked up together, without being accompanied by a provost’s assistant, and the occupation of a room by more than one soldier should never be resorted to unless absolutely necessary for want of special accommodation.
Medical examination.
690. A soldier under sentence is to be visited daily by a medical officer detailed for the duty; and, in the event of any particular punishment being found prejudicial to the health of a soldier, the Medical Officer on duty is to report the circumstances to the Commanding Officer at the station, with a view to a modification of such punishment.
Punishment for Irregularities.
691. Irregularities or minor breaches of discipline while under confinement should be reported to the Commanding Officers of garrisons and corps, who may, by a written direction to the Provost-Sergeant, order that a soldier under sentence be placed on “punishment diet” for any period not exceeding 72 hours. The Provost-Sergeant is to take care that in all cases the offences, as well as the nature and extent of the punishment awarded, are recorded in the punishment book; if the officer who awards the punishment directs that it be entered in the regimental conduct book, a copy of the award is to be furnished for that purpose to the Commanding Officer on the soldier’s release.
Use of handcuffs.
692. In cases of violence, or urgent and absolute necessity, the Officer Commanding the garrison, or the officer in command of the unit to which the offender belongs, may, by an order in writing, direct any soldier under sentence to be placed in handcuffs. The order will specify the cause that gave rise
to it, and the time during which the man is to remain under such restraint. No soldier under sentence shall be put in irons or under any other mechanical restraint as a punishment. Irons or other means of mechanical restraint shall be used only when necessary for the purpose of restraining the soldier under sentence.
Bedding and other articles.
693. Soldiers under sentence are to be provided with three blankets, or two blankets and a rug. Every soldier is to be searched on arrival, and any articles in his possession not sanctioned by the Regulations will be sent back with the escort. The articles in each soldier’s holdall are to be removed from his room, and are not to be in his possession except when actually required for use.
Tobacco and spirits.
694. The use, by a soldier under sentence, of tobacco in any form, or of spirituous or other liquors, or of any article not sanctioned by the Regulations, is strictly forbidden.
Cleanliness and hair cutting soldiers under sentence.
695. Every soldier under sentence is to wash himself thoroughly at least once a day, to shave daily, to change his linen twice a week, and to bathe at least twice a week. The hair of every soldier will be kept only as close as is necessary for cleanliness.
Cleaning of the rooms.
696. Every soldier under sentence is to keep his own room, together with the utensils and furniture thereof, clean and orderly. The bedding, when in use, is to be removed during the day, and in dry weather exposed to the air.
Application of Regulations to Senior Cadets.
697. Regulations 687 to 696 shall, as far as it may be expedient and practicable, apply to Senior Cadets, provided, however, that no Senior Cadet—
(a) is to be confined in the same room, hut, tent, or detention cell which is occupied by soldiers;
(b) is not to be compelled to do any general fatigue work;
(c) is not to be placed in handcuffs under any consideration whatsoever.
(d) is not to be placed in solitary confinement.
Duties of Provost-Sergeant.
Exercise of authority.
698. The Provost-Sergeant is to exercise his authority with firmness and humanity, to abstain from all irritating language, and on no account to strike, or otherwise ill-treat, a soldier under sentence. He is also to take care that his assistants follow the same rule of conduct.
Soldiers under sentence to be informed of regulations.
699. He is to take care that soldiers under sentence are informed of the Regulations for places of detention and rooms, and the diet authorized, which should be read to soldiers on their admission.
Visiting of soldiers.
700. He must see the soldiers under sentence frequently, and at uncertain times during the day, but he is not to hold, or to permit his assistants to hold, any unnecessary communication with them. He is not to permit any person to visit the soldiers except the officers appointed by these rules.
Soldiers taken ill.
701. He is to report to the medical officer at his regular visits the case of any soldier under sentence who may appear to be out of health, and in the event of sudden and serious illness at any other time, he is to send an immediate report to the nearest medical officer.
Exercise.
702. He is to see that the soldiers under sentence have such exercise as their health may, in the opinion of the medical officer, require, and is to superintend the employment on fatigue or other work which is ordered for them. It is to be understood that mere walking exercise is not generally necessary. Ordinary drill or fatigue in the open air gives ample exercise of the most suitable kind. Half-an-hour’s exercise on Sundays may be allowed to soldiers under sentence.
Sentries.
703. When sentries are posted near the detention barrack rooms, care is to be taken that they do not communicate with the soldiers under sentence. Sentries are not to have any charge of the discipline of soldiers under sentence, but merely to have orders to call the attention of the Provost-Sergeant or Commander of the Guard to any irregularity they may notice, and to apprise him in case of any soldiers making a signal from the rooms.
Conversation.
704. The Provost-Sergeant is not to permit the soldiers under sentence to hold conversation with each other, or with any other person. In case of a soldier persisting at any time in disobeying this or any other order when employed outside his room, he is at once to be sent back to it, and his case is to be dealt with as laid down in Regulation 691.
Means of communication.
705. He is to take care that the means by which a soldier under sentence may communicate with him or his assistant are kept in proper repair, reporting any defect to the Orderly Officer.
Ventilation.
706. He is to pay due attention to the ventilation of the rooms and to the warming of them when necessary. He is also to obey any instructions he may receive from the medical officer with reference to these points.
Daily report.
707. He is to keep a journal in which he will make a daily report of the state of the rooms and premises, as well as of the furniture and other articles under his charge. He is to specify therein the hours at which he has visited the soldiers under sentence, and to report on their conduct, whether regular or otherwise. This journal will be laid before the officer visiting the detention barrack rooms.
Dieting soldiers under sentence.
708. He is to take care that the soldiers under sentence are supplied with their regular meals, according to the dietary from time to time prescribed.
Scale of diet.
709. The regulations regarding the diet of the soldiers under sentence are contained in the Financial and Allowance Regulations.
Books to be kept.
710. The Provost-Sergeant is to keep the following books:—
(a) A journal in which will be recorded all occurrences of importance, particularly such as relate to the health and discipline of the soldiers under sentence. The hour at which the rooms are visited by the officer of the day, the medical officer, and chaplain, and the state of the soldiers generally, as reported to the officer of the day, are to be noted therein. This journal is to be laid before the Officer Commanding as often as may be required.
(b) A punishment book, in which will be entered all offences committed while under confinement, and the punishment awarded. An extract from this book, containing such offences and punishments as are directed to be entered in the regimental conduct book by the officer awarding the punishment, is to be furnished to Commanding Officers of regiments and corps when a soldier returns to his duty.
(c) A visitors’ book, in which should be entered the remarks of all visiting officers.
DIVISION 16.—COURTS OF INQUIRY.
Courts of Inquiry, other than Courts of Inquiry held under Regulation 733.
Definition.
711. A Court of Inquiry, Committee, or Board is an assembly of officers directed to collect evidence with regard to any matter which may be referred to them.
Courts of Inquiry—how constituted.
712. (1) A Court of Inquiry, Committee, or Board may be assembled by order of the Military Board, a District Commandant, or by an officer in command of any body of troops (whether belonging to one or more corps or departments) to assist in arriving at a correct conclusion on any subject which it may be expedient for the convening authority to be thoroughly informed. It may be composed of any number of officers of any rank and of any branch or department of the service, according to the nature of the investigation, its composition being determined by the convening authority, according to the circumstances under which it is assembled. Provided, however, that in case of an inquiry which affects the conduct or character of an officer of the Militia Forces, one-half at least of the members shall belong to the Militia Forces and, if practicable, to that branch of the service to which the officer belongs.
(2) Three members, the senior acting as president, will in ordinary cases be sufficient.
Proceedings of courts, etc.
713. (1) A Court of Inquiry, Committee, or Board, will be guided by the written instructions of the authority who assembled it. The instructions will be full and specific, and will state the general character of the information required. They will also state whether a report is required or not.
(2) Previous notice should be given of the time and place of the meeting of a Court of Inquiry, Committee, or Board, and of all adjournments, to all persons concerned in the inquiry.
(3) Whenever any inquiry affects the character or military reputation of an officer or soldier, full opportunity must be afforded to the officer or soldier being present throughout the inquiry, 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 military reputation, and producing any witnesses in defence of his character or military reputation.
C.9801.—F
(4) The evidence of each witness when taken down shall be read over to him, and shall be signed by him, or, if he cannot write, his name shall be attested by his mark and witnessed. Such questions shall be put to a witness as may be thought desirable for testing the truth or accuracy of any evidence he has given, and otherwise for eliciting the truth.
(5) The Court, Committee, of Board may be re-assembled as often as the authority who assembled it may direct, for the purpose of examining additional witnesses, or further examining any witness, or recording further information.
(6) The whole of its proceedings will be forwarded by the president to the authority who assembled it.
(7) The proceedings of a Court of Inquiry, Committee, or Board, or any confession, statement, or answer to a question made or given at such inquiry, shall not be admissible in evidence against an officer or soldier, nor shall any evidence respecting its proceedings be given against any officer or soldier, except upon the trial of any officer or soldier under paragraph (1) of Regulation 494 (1), for wilfully giving false evidence before it.
Accused entitled to copy of evidence and report.
714. An officer or soldier who is tried by court martial in respect of any matter or thing which has been reported on by a Court of Inquiry, Committee, or Board and, unless the Military Board see reason to order otherwise, an officer or soldier whose character or military reputation is, in the opinion of the Military Board affected by anything in the evidence before, or in the report of, a Court of Inquiry, shall be entitled to a copy of the proceedings, including any report made, on payment of the actual cost of the copy required, not exceeding twopence for every folio of 72 words.
Evidence to be taken on oath.
715. In the case of a Court of Inquiry, and when the officer who assembled it has so directed, the evidence will be taken on oath, in which case it will administer the same oath or solemn declaration to witnesses as if it were a court martial. But the members of such Court of Inquiry will not themselves be sworn. The evidence taken at Courts of inquiry in connexion with injuries received or disease contracted on duty by members of the Military Forces, or for injury or loss of a horse shall be on oath.
President.
716. The authority assembling a Court of Inquiry, Committee, or Board, will appoint a president by name, or, failing such appointment, the senior member will preside. When the convening authority has so appointed a president, no officer senior in rank to the president will be appointed to serve as a member of the Court of Inquiry, Committee, or Board.
Deficiency of stores, &c.
717. When stores, equipment, clothing, or supplies of any kind belonging to the public are lost, stolen, destroyed, or damaged, or when a deficiency is discovered on any store account, or in case of structural damage by fire or otherwise, the amount of the loss, i.e., the value of the stores lost, stolen, destroyed, or deficient, or the cost of making good damages, will be ascertained. The value of stores deficient on a store account means the sum total of the values of the stores deficient on individual headings of account, without any abatement in respect of stores which may be surplus on other headings of account.
Losses over £5.
Loss exceeding £5 to be reported.
718. When either the amount of the loss or the cost of structural repairs exceeds £5, the matter will be at once reported to the District Commandant, and will be investigated by a Board, to be composed, if possible, of officers not belonging to the unit or department concerned.
Proceedings where loss due to neglect.
719. If, after considering the finding of the Board, the District Commandant is of opinion that the loss is due to neglect of duty, or to any other offence under the Act or Regulations, he will, in the case of an officer, apply to the Military Board for instructions, or in other cases either convene a court martial, or apply to the Military Board for authority to allow the individual responsible to pay the whole or part of the loss, instead of being tried by court martial, or of being removed from his appointment, or from the Service.
Where loss not properly explained.
720. If the District Commandant is of opinion that the loss is not due to an offence under the Act or Regulations, but that no satisfactory explanation has been given, he will report to the Military Board whether he recommends that the individual responsible should be allowed to pay the whole or part of the loss, or be superseded in promotion or removed from his appointment.
Where loss explained.
721. If the District Commandant is of opinion that a satisfactory explanation has been given, he will approve of the stores being struck off, provided that the expenditure involved comes within the aggregate amount that is authorized to be incurred per month under the Financial and Allowance Regulations. If an expenditure be involved in excess of such aggregate amount, reference should be made through the proper channel to the Military Board. The value of the stores struck off is to be shown in the monthly schedule of expenditure incurred by the District Commandant.
Cases in which Commanding Officer held responsible.
722. Commanding Officers shall in all cases be held personally liable for loss in respect to equipment, clothing, or other stores on their charge, unless satisfactory evidence is tendered to the Board—
(a) that the loss is due to the wrongful act, default, or neglect on the part of some other person definitely ascertained; or
(b) that, although no other person can be definitely ascertained as responsible for the loss, all necessary instructions and supervision had been given and exercised by the Commanding Officer such as might reasonably have been required of him in the circumstances; or
(c) that the loss was due to some occurrence or fact over which he had no control.
Procedure where C.O. responsible.
723. Boards will state definitely in their report whether the evidence produced is sufficiently satisfactory to relieve the Commanding Officer of personal responsibility, and under what paragraph of the Regulation 722. If the evidence produced is not considered such as to relieve the Commanding Officer, he should be informed accordingly by the president, and an opportunity afforded, if desired by him, of furnishing further evidence.
Commanding Officer to pay for loss.
724. A Commanding Officer who is held under Regulations 722 and 723 to be personally liable for such loss, and who fails to pay for the whole or such part of the loss as he may be required to meet, shall be removed from his command.
Yearly Losses exceed £5.
Losses exceeding £5 in one year to be submitted to Head-Quarters.
725. When the total loss of articles on charge to a Commanding Officer exceeds £5 in any year, the whole of the Board proceedings in respect to losses in such unit will be submitted to Head-Quarters. The value of the articles written off on payment from private funds is not to be included in the above amount.
Where annual loss is less than £5.
726. (1) When neither the amount of the loss nor cost of structural repairs exceeds £5, the superior officer of the individual responsible will make a full inquiry into all the circumstances and report thereon to the District Commandant, who may, if he sees fit, dispense with a Board.
(2) All losses due to theft or fraud will be delt with as prescribed in Regulations 718 to 724 for losses of over £5; but in other cases the District Commandant may, if he sees fit, deal with the matter himself, allowing the individual responsible to pay the whole or part of the loss, or giving authority to strike it off. Should he deal with the case himself, a full statement of the circumstances with his decision thereon, will be attached as a voucher to the account on which the loss arises.
Injuries.
Court of inquiry to investigate causes of injuries.
727. Whenever a member of the Permanent Forces, whether on or off duty, becomes maimed, mutilated, or injured, except by wounds received in action, a Court of Inquiry will be assembled as soon as possible after the occurrence to investigate the circumstances thereof. When no evidence beyond that of the injured man is forthcoming, it should be so stated in the proceedings. The Court will submit its recommendation. The proceedings will then be sent to the Military Board for confirmation. The Court must determine and state in the proceedings whether the injury was received in the “performance of military duty” or otherwise.
Courts of Inquiry unnecessary in certain cases.
728. When a soldier is injured off duty, a Court of Inquiry may be dispensed with if a medical officer certifies to the case within seven days of its occurrence that it is a “minor injury—no Court of Inquiry necessary.” The evidence taken by the Court will be on oath.
Inquiry into injury or disease.
729. The following instructions are to be observed as regards Courts of Inquiry which are assembled in connexion with injuries of, or diseases contracted by, members of the Military Forces, and in which is involved the determination as to whether such injury or disease was contracted during, and as the result of, the performance of military duty:—
(a) Except in minor cases, no officer below the rank of Captain shall be a member of such Courts of Inquiry, and in like manner the president should not be below the rank of Major, as large sums of money for compensation may be involved.
(b) District Commandants are to impress upon all officers the necessity of closely investigating all cases of injury or disease, particularly so as to ascertain to what extent, if any, carelessness or contributory negligence may be attributed as a cause of such injury or disease.
(c) “On duty” in this connexion is to be interpreted to mean—
“While performing services for which a direct and distinct order has been given by a responsible authority, or which the Regulations prescribe shall be performed by the member concerned.”
(d) It shall be considered that when regulations or orders indicate a specific manner in which a duty is to be performed or carried out, any neglect to carry out such regulations or order as specifically laid down shall constitute contributory negligence, and shall be dealt with accordingly.
Committees and boards.
730. Committees and Boards differ only from Courts of Inquiry in so far that the objects for which they are assembled should not involve any point of discipline or investigation of causes of injuries or diseases. They will follow, as far as may be convenient, the rules for Courts of Inquiry, but are in no way bound by them.
Medical boards.
731. Medical Boards will, as a rule, consist of three medical officers, but in cases of emergency two will be considered sufficient. The senior officer present will be the president.
Form of proceedings.
732. All proceedings of Courts of Inquiry, Committees, and Boards are to be written on the authorized form.
DIVISION 17.—DESERTION AND OFFENCES AGAINST ENLISTMENT (PERMANENT FORCES).
Inquiry as to and Confession of Desertion.
Inquiry by court on absence of soldier.
733. (1) When any soldier of the Permanent Forces has been absent without leave from his duty for a period of twenty-one days, a Court of Inquiry may, as soon as practicable, be assembled, and inquire in the prescribed manner, on oath or solemn declaration (which such Court is hereby authorized to administer), respecting the fact of such absence, and the deficiency (if any) in the arms, ammunition, equipments, instruments, regimental necessaries, or clothing of the soldier; and if satisfied of the fact of such soldier having absented himself without leave or other sufficient cause, the Court shall declare such absence and the period thereof, and the said deficiency, if any, and the Commanding Officer of the absent soldier shall enter in the regimental books a record of the declaration of such Court. The Court will record the unexpired values of all articles of Government property found to be deficient.
(2) If the absent soldier does not afterwards surrender or is not apprehended, such record shall have the legal effect of a conviction by court martial for desertion.
Confession by soldier of desertion or fraudulent enlistment.
734. (1) Where a soldier signs a confession that he has been guilty of desertion or fraudulent enlistment, a competent military authority may, by the order dispensing with his trial by a court martial, or by any subsequent order, award the same forfeitures and the same deductions from pay (if any) as a court martial could award for the said offence, or as are consequential upon conviction by a court martial for the said offence, except such of them as may be mentioned in the order.
(2) If upon any such confession, evidence of the truth or falsehood of such confession cannot then be conveniently obtained, the record of such confession, countersigned by the Commanding Officer of the soldier, shall be entered in the regimental books, and such soldier shall continue to do duty in the corps in which he may then be serving, or in any other corps to which he may be transferred, until he be discharged or transferred, or until legal proof can be obtained of the truth or falsehood of such confession.
(3) The competent military authority for the purposes of this Regulation means the Military Board or a District Commandant.
Courts of inquiry as to illegal absence under Reg. 733.
735. (1) A Court of Inquiry under Regulation 733 will, when assembled, require the attendance of such witnesses as they think sufficient to prove the absence and other facts specified, as matters of inquiry in the said Regulation.
(2) They will take down the evidence given them in writing, and at the end of the proceedings will make a declaration of the conclusions at which they have arrived in respect of the facts they are assembled to inquire into.
(3) The Commanding Officer of the absent soldier will cause the original proceedings of the Court of Inquiry to be filed together with the soldier’s attestation sheet.
(4) The Court of Inquiry will examine all witnesses who may be desirous of coming forward on behalf of the absentee, and will put such questions to them as may be desirable for testing the truth or accuracy of any evidence they have given, and otherwise for eliciting the truth, and the Court, in making their declaration, will give due weight to the evidence of such, witnesses.
(5) A Court of Inquiry will administer the same oath or solemn declaration to the witnesses as if the Court were a court martial, but the members of such Court will not themselves be sworn.
Descriptive reports of deserters.
736. With a view to the detection and apprehension of deserters and absentees without leave, Commanding Officers are to forward to the police and Provost Staff in the locality in which the offence has taken place a descriptive report on the authorized form of every deserter or absentee without, leave, giving particulars of the man’s height, age, &c., at the time of his absenting himself, and the fullest information possible. When there is good ground for supposing an absentee to have deserted, the report shall be rendered within 24 hours after his absence has been discovered, but in no case should it be delayed beyond five days. Up to 21 days the man should not be returned as a deserter, unless there is ground for supposing that he has deserted; after 21 days, all absentees without leave should, pending investigation, be considered as deserters.
Duplicate reports.
737. Similar reports should be sent to the Officer Commanding units of the Permanent Forces in the various military districts, also to the police and Provost Staff of the place to which it is supposed the man may have proceeded, and elsewhere as Commanding Officers may consider desirable.
Warrants for arrest.
738. Warrants for the arrest and detention of any member of the Defence Force who absconds or deserts may be issued by a member of the Military Board, or a District Commandant, or a Commanding Officer, and should, if possible, be on the authorized form, but the use of any particular form shall not be necessary for the validity of any such warrant. (See also sections 114, 115, and 122 of the Act.)
Deserters charged before a civil court.
739. Where a person is brought before a Court of summary jurisdiction charged with being a deserter, such Court, if satisfied either by evidence on oath or by the confession of such person that he is a deserter, shall forthwith cause him to be delivered into military custody, or until he can be so delivered to be committed to some prison, police station, or other place legally provided for the confinement of persons in custody, for such reasonable time as appears necessary for the purpose of delivering him into military custody.
Surrender of deserters.
740. If a deserter surrenders himself to any portion of his own regiment or corps, and evidence as to identity is immediately available, he may be at once taken into military custody and the Commanding Officer is forthwith to proceed against him.
Use of protecting certificate.
741. When a committed deserter is not claimed for service as a soldier, a protecting certificate may be issued by the District Commandant.
Committed deserters not taken over.
742. If a soldier committed as a deserter cannot conveniently be taken over into military custody by reason of the distance of the place of committal from a military station, or when the committal has been ordered on the soldier’s confession by reason of the delay that must necessarily take place in procuring evidence of the truth of the confession, the District Commandant may take steps to cause him to be discharged from custody without a protecting certificate, and consequently without prejudice to his subsequent apprehension.
Fraudulent enlistment.
743. When an offender has fraudulently enlisted on several occasions he may, for the purposes of paragraph (liii) of Regulation 494 (1), be deemed to belong to any one or more of the corps to which he has been appointed or transferred, as well as to the corps to which he properly belongs; and it shall be lawful to charge an offender with any number of offences against this Regulation at the same time, and to give evidence of such offences against him, and, if he be convicted thereof to punish him accordingly.
Fraudulent enlistment may be dealt with by civil court.
744. (1) If any soldier has improperly entered or re-entered the Defence Force, the case will, except as laid down in Regulation 358, be disposed of on its merits, and, if trial be ordered, will be dealt with under paragraphs (xxxix) or (li) of Regulation 494 (1).
(2) When the soldier’s discharge is to be carried out in consequence of his offence, the case should, as a rule, be dealt with by the civil power instead of by court martial, if such
a course can be adopted without expense to the public; proceedings before the civil power cannot, however, be instituted if more than twelve months have elapsed since the date of the offence.
Exemption earned by exemplary service.
745. When exemption from trial on a charge of desertion or fraudulent enlistment has been earned by exemplary service in any corps, the Commanding Officer of that corps will be held responsible for notifying the fact.
Proceedings for false answer.
746. When it is decided to try a soldier for making a false answer on attestation (other than in relation to any former service or discharge), he should be dealt with by court martial if he is to be retained in the service; but if ordered to be discharged, the rule prescribed in Regulation 744 will be followed.
Attestation on which to serve.
747. When a soldier is held to serve in his present corps, he will serve on his last attestation. If he is relegated to his former corps, he will, as a general rule, serve on his former attestation; but if it is thought desirable that he should be held to the conditions of his last attestation, the case should be referred to Head-Quarters.
In which corps to be tried.
748. As a general rule, a soldier who has fraudulently enlisted will be tried in his present corps, and arraigned as belonging thereto, and the necessary evidence will be obtained from his former corps.
Transfer to former corps.
749. When it is decided that a soldier who has fraudulently enlisted is to be relegated to his former corps after punishment, the Officer Commanding the unit in which he is serving will forward his transfer documents, and communicate the result of the trial, and particulars as to place of confinement and expiration of imprisonment, to the Officer Commanding his former corps. The transfer to the former corps will take effect from the date of committal.
Notification of disposal of soldier.
750. The Officer Commanding the unit to which a soldier may be relegated, or, if the transfer be not ordered, the Officer Commanding the unit in which the soldier is serving will communicate to any units in which such soldier may have previously served, the result of the trial, or the manner in which his case has been disposed of. The Officers Commanding such units will note this information.
Soldier irregularly serving.
751. When a soldier is found to be serving in the Defence Force without having previously obtained a release from his former engagement, and is retained for service in the Defence Force, he is to be required to make good, as compensation for the loss occasioned by his offence, the amounts laid down in Regulations 761 and 762, and these amounts may be stopped from his pay.
Trial may be dispensed with.
752. In all cases in which there is no objection to the retention of the man in the Defence Force, the Commanding Officer is empowered to dispose of the case without punishment, and the required stoppages will be imposed. The soldier will thereafter be treated in respect of his service under his attestation as if at the time of his enlistment into the Defence Force he had been duly released from his former engagement.
Procedure on receiving notification from civil power.
753. When a notification is received that a person apprehended as a deserter has been committed to prison to await an escort, a Commanding Officer will, where the man named is traced as being illegally absent, and evidence as to identity is available, despatch an escort (consisting, if possible, of soldiers capable of identifying the deserter), to bring the deserter back should he be identified. A “deserter route” will be filled in for this service, and must be taken by the non-commissioned officer detailed for the duty as the authority to receive the deserter or absentee. As far as may be, a similar course should be followed when the deserter has not been arrested, but information has been received that he is at a place where an escort furnished with a warrant can arrest him. When the expense of sending such escort amounts to more than £3, the case should be referred to the District Commandant.
Order for removal.
754. An escort proceeding to receive over from civil custody a deserter, or absentee without leave, will be provided with an order on the authorized form for the removal of the man. The order will be given up to the governor or chief officer of the prison. When a deserter route is issued, this order, which forms part of it, will be detached and similarly given up on taking the deserter over.
FORM OF ORDER.
Order for the Removal in Military Custody of a Deserter or Absentee without Leave awaiting Escort.
To the Governor or Chief Officer of Prison. Whereas [Insert number, rank, and name], of the Regiment, is now in your custody as a deserter or absentee without leave awaiting escort, I, the undersigned, being* , do hereby order you to deliver the said deserter or absentee to the escort producing this authority.
Signed at , this day of , 19 .
Identity of deserter and his necessaries.
755. The commander of each escort is required to compare the deserter and his necessaries with the description and account inserted on the route, as he is responsible for the identity of the person committed to his charge, and liable to punishment for suffering the necessaries of the deserter to be misused or made away with on the road.
Necessaries to be supplied.
756. Such articles of necessaries as the deserter may absolutely require, and which are not amongst the articles left behind by him, not exceeding, however, one shirt, one pair of boots or shoes, and one pair of socks, will be provided under the orders of the Officer Commanding the corps furnishing the escort, and the charge for the same will be defrayed by the Officer Commanding the company, &c., to which the man belongs, and will be subsequently included in the deserter’s accounts. These will not be supplied more than once on any march.
Identification in special cases.
757. In cases where identification is necessary, but it appears to a Commanding Officer doubtful if the deserter should be conveyed to the regimental head-quarters, he will make an immediate report to the District Commandant, with a view to special instructions being given.
* The Commanding Officer of the said deserter or absentee, or other superior authority.
Persons not identified.
758. An escort which includes a witness capable of identifying a deserter will not take over into custody a person who is not identified as the deserter in question. If the person has not yet been committed, and it appears to the witness that the person has made a false confession, the fact should be stated to the magistrate, with a view to the conviction and punishment of the person. If the person has already been committed, the commander of the escort will report the circumstance to the governor of the gaol and to the nearest military authority, with a view to action being taken for the prosecution of the offender by the police.
Dispensation from trial for desertion or fraudulent enlistment.
759. When a soldier has been committed as a deserter under Regulation 739, and has signed the confession contained in the form of committal to the effect that he is a deserter, or when a soldier while serving has signed a confession that he has been guilty of fraudulent enlistment under paragraph (liii) of Regulation, 494 (1), and it is not considered desirable that the soldier should be tried for his offence, application will be made to one of the competent military authorities named in Regulation 734, who may, at his discretion, dispense with the soldier’s trial by court martial for desertion or fraudulent enlistment, and make an order as to forfeitures.
Forms of confession of desertion and fraudulent enlistment.
760. A copy of the committal or the confession should accompany the application, and whenever possible, evidence as to the truth of the confession should have been previously obtained. Where a soldier has not signed a confession before a magistrate, the following forms may be used:—
Form of Confession of Desertion.
I, [Here insert name], do hereby confess that I am No. , of the corps, and that I deserted from that corps on [any other particulars to be added]. Signed this day of
(Signature of soldier.)
(Signature of Commanding Officer.)
Note.—Where the soldier confesses to more than one offence of desertion the form may be varied to suit the case.
Form of Confession of Fraudulent Enlistment.
I, , now being No. of the corps, do hereby confess that I was No. in the corps, that I absented myself from that corps on , and that I fraudulently enlisted in the Defence Force on the day of , at
Signed this day of
(Signature of soldier.)
(Signature of Commanding Officer.)
Note.—Where the soldier confesses to more than one offence of fraudulent enlistment, the form may be varied to suit the case. If the confession includes both desertion and fraudulent enlistment, both the above forms may be combined in one form of confession.
Form of order dispensing with trial.
761. (1) If the application for dispensing with trial in case of desertion or fraudulent enlistment is approved, the following form of order will be used:—
As it appears from the annexed confession or the annexed descriptive return that private A.B., of has signed a confession of having been guilty of desertion [*or fraudulent enlistment], †hereby dispenses with the trial of the said soldier with effect from [this date or the day of ], and orders that instead of being tried by court martial he shall suffer the same forfeitures and the same deductions from pay (if any) as if he had been convicted by a district court martial of the said offence, with the exception—[Here insert any forfeitures or deductions which he is not to suffer.]
And also hereby further orders that he shall suffer deductions from his pay—(1) until he has made good the value of the deficiency in his arms, ammunition, equipments, instruments, and public clothing at the time at which his absence from his corps began; (2) also until he has made good the value of the free kit obtained him on his re-enlistment.
By order,
A.B.
Signed this day of
(2) The actual period of absence and the actual sum sufficient to make good the above compensation will be ascertained by his present Commanding Officer; and no greater deduction will be made from the pay of the above-named soldier than is sufficient to make good the sum so ascertained.
Penalties incurred.
762. (1) The forfeiture and deductions from pay which the soldier will suffer, under the order that he shall suffer the same forfeitures and deductions as if he had been convicted by court martial, will be—(1) forfeiture of all his service towards discharge prior to date of order (Regulation 764); (2) forfeiture of any service towards pension, good conduct badge, and pay or deferred pay, which he forfeits ipso facto on conviction by court martial of desertion or fraudulent enlistment; (3) his ordinary pay for every day of absence, and also for every day while he is in confinement awaiting the order dispensing with the trial.
(2) Any further deductions from pay which are not prescribed by the Regulations to be consequent on a conviction, will depend upon any award made by the order dispensing with the trial, as in Regulation 761.
Confession and order to be preserved with record of service.
763. The soldier’s confession and the order dispensing with trial, or copies thereof, will be preserved with the attestation, and an entry of the order dispensing with trial will be made in the conduct sheets as if the soldier had been convicted by court martial of his offence.
* Where the confession includes both offences, the form may be varied to suit the case.
† A member of the Military Board or District Commandant.
Reckoning and forfeiture of service.
764. (1) In reckoning the service of a soldier for the purpose of discharge—
(a) The service shall begin to reckon from the date of his attestation; but
(b) Where a soldier has been guilty of any of the following offences:—
(i) Desertion; or
(ii) Fraudulent enlistment,
then either upon his conviction by court martial of the offence, or (if having confessed the offence, he is liable to be tried) upon his trial being dispensed with by order of the competent military authority, the whole of his prior service shall be forfeited, and he shall be liable to serve as a soldier for the term of his original enlistment, reckoned from the date of such conviction or such order dispensing with trial, in like manner as if he had been originally attested at that date:
Provided that the Military Board may restore all or any part of the service forfeited under this Regulation to any soldier who may perform good and faithful service, or may otherwise be deemed by the Military Board to merit such restoration of service, or may be recommended for such restoration of service by a court martial.
(2) No application for restoration of service forfeited by desertion will be considered unless such application is accompanied by a certificate that payment has been made for all articles of kit and clothing found to be deficient on the first day of absence without leave resulting in desertion.
Special provisions as to warrant officers.
765. The provisions of the Act and Regulations shall apply to a warrant officer not holding an honorary commission in like manner as if he were a non-commissioned officer, subject nevertheless (in addition to the modifications for a non-commissioned officer) to the following modifications:—
(a) He shall not be punished by his Commanding Officer, nor tried by regimental court martial, nor sentenced by a district court martial to any punishment not in this Regulation mentioned; and
(b) He may be sentenced—
(i) By a district court martial to such forfeitures, fines, and stoppages as are allowed by the Act and Regulations, and, either in addition to or in substitution for any such punishment, to be dismissed from the service, or be reduced to the bottom or any other place in the list of the rank which he holds, or to be reduced to an inferior class of warrant officer (if any), or, if he was originally enlisted as a soldier, but not otherwise, to be reduced to a lower grade or to the ranks; or
(ii) By a general court martial to any punishment which, under this Regulation, a district court martial has power to award, either in addition to or in substitution for any other punishment.
(c) A warrant officer reduced to the ranks, or remanded to regimental duty in the rank of private, shall not be required to serve in the ranks as a soldier.
(d) The president of a court martial for the trial of a warrant officer shall in no case be under the rank of captain.
Application of Act and Regulations to N.C.O’s.
766. In the application of the Act and Regulations to a non-commissioned officer, the following modifications shall apply:—
(a) The obligation conferred on a Commanding Officer under Regulations 548 and 558 to deal summarily with a soldier charged with drunkenness shall not apply to a non-commissioned officer charged with drunkenness.
(b) Any non-commissioned officer may be reduced to a lower grade, or to the ranks, by order of the Military Board.
Definition. Summary conviction and jurisdiction.
(D. A. 101, 110.)
767. An offence is punishable on summary conviction when it is triable before a court of summary jurisdiction. A court of summary jurisdiction is a court of justice sitting in open court for (inter alia) the summary trial of offenders. Under the law of the Commonwealth a court of summary jurisdiction must consist of a stipendiary police or special magistrate or some magistrate who is specially authorized by the Governor-General to exercise the jurisdiction (See Judiciary Act 1903, sec. 68.)
Exercise of powers vested in holder of military office.
768. Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office for the purpose of the Regulations may be exercised by, or done by, to, or before any other person for the time being authorized in that behalf according to the custom of the service.
Cases unprovided for.
769. In any case not provided for by the Regulations such course will be adopted as appears best calculated to do justice.
Forms in appendices.
770. (1) The forms in the appendices to these Regulations should be followed in all cases in which they are applicable, and when used shall be valid in law; but a deviation from such forms will not, by reason only of such deviation, render any charge, warrant, order, proceedings, or other document invalid.
(2) An omission of any such form will not, by reason only of such omission, render any act or thing invalid.
(3) The notes to and instructions in the forms will be considered as instructions which it is expedient to follow in all cases to which such notes and instructions apply.
Construction of regulations.
771. Time, for the purposes of any proceeding or other matter under these Regulations, shall be reckoned exclusive of Sunday, Good Friday, and Christmas Day, but any time reckoned for the purposes of Regulation 529, or of any punishment or of any deduction of pay, shall include those days.
(2) Any report or application directed by these Regulations to be made to a superior authority, or proper military authority, shall be made in writing through the proper channel, unless such authority, on account of military exigencies or otherwise, dispenses with the writing.
(3) These Regulations shall apply to a person subject to military law as an officer in like manner, so nearly as circumstances admit, as if he were an officer, and to a person subject to military law as a soldier in like manner, so nearly as circumstances admit, as if he were a soldier, subject, nevertheless, to the restrictions contained in the Act and Regulations, and to this qualification—that nothing in these Regulations shall confer on any person not an officer or soldier any jurisdiction or power as an officer or soldier.
Selling goods in military premises.
772. (1) Every person who, without the consent in writing of the Commandant or Commanding Officer of any Military Camp, School of Instruction, Military Barracks, Port, or Post,
(a) sells or attempts to sell any goods or wares within the limits of such Camp, School of Instruction, Barracks, Fort, or Post, whether such person is or is not licensed as a hawker under the laws of a State;
(b) enters any Camp, School of Instruction, Barracks, Fort, or Post, for the purpose of selling goods or wares, or for any unlawful or immoral purpose;
shall be guilty of an offence, and shall, on conviction by a Court of summary jurisdiction, be table to a penalty not exceeding Twenty pounds, or to imprisonment, with or without hard labour, not exceeding three months.
(2) Any prosecution for an offence against this Regulation may be brought in any Court of summary jurisdiction by or by the authority of a District Commandant, by or by the authority of a Commanding Officer or Commandant of any Camp, School of Instruction, Military Barracks, Fort, or Post, or by any member of the Police Force of the Commonwealth or of a State.
PART XIV.—TRAINING, EFFICIENCY.
DIVISION 1.—REGISTRATION.
Places for Registration.
773. The places appointed for registration under section 142 of the Act shall be appointed by the District Commandant notified in District Orders and advertised.
Method of Registration.
774. (1) Registration shall be carried out as follows:—
(a) In the case of a person to be registered whose bonâ fide residence is within a distance of five miles reckoned by the nearest practicable route from the nearest place appointed for training—
By filling in a registration form and forwarding it to to the Area Officer of the area in which the person registering resides, or by filling in such form and handing it to a postmaster, who shall thereupon forward it to such Area Officer.
(b) In the case of a person not present in Australia during the months of January and February of the year in which he would be liable for training, or if not then bonâ fide resident within a distance of five miles from the nearest place appointed for training—
By registering in the manner prescribed in paragraph (a) of this Regulation not later than thirty days after the completion of six months’ residence in Australia, or by registering not later than thirty days after residing at a place within a distance of five miles from the nearest place appointed for training.
(2) Parents, guardians, and other persons acting in loco parentis of those persons who are liable to be registered, are hereby required to register such persons as above prescribed.
(3). Any person contravening this regulation is liable to a penalty not exceeding Ten pounds under the provisions of section 85 of the Act.
Persons may be served with notice to Register.
(D.A., 142 and 74 (1).)
775. If an Area Officer has reason to believe that any person liable to training has not been registered under section 142 of the Act, he may serve upon him, and also upon his parent or guardian, a notice calling upon him or his parent or guardian to furnish, within thirty days of the date of the notice specified herein, answers to a series of questions for the purpose of ascertaining the particulars necessary for registration as set out in the registration form prescribed by Regulation 783.
Persons who fail to register may be provisionally registered by the Area Officer.
776. (1) If, within the time above specified, the person liable, his parent or guardian, does not furnish answers to the prescribed questions, then the Area Office may, from the best information available, provisionally register the person and serve notice of the registration upon him, and, unless within a period of fourteen days after the date on which the notice
* This Part applies only to those persons liable to be trained under Part XII. of the Defence Act, except Regulations 793, 794, and 795, which also apply to the Permanent Forces.
of registration is served upon him, the person liable, his parent or guardian, shows to the satisfaction of the Area Officer that the particulars are not correct, and affords the necessary correct information, the registration and the particulars entered by the Area Officer shall be absolutely conclusive as against the person liable, his parent or guardian.
(2) Upon the expiration of this second period, the person liable to training shall be allotted to his proper area, and, subject to section 126 of the Act, will be required to undergo training in that area.
Failure to render required service.
777. If a person allotted in accordance with sub-regulation (2) of Regulation 776 fails to attend a compulsory drill or to render the personal service required by the Act he may be proceeded against in accordance with section 135 of the Act.
Penalty for failure to supply information.
(D.A., 124 (1)(s.)
778. Any person liable to be trained, and his parent or guardian, upon whom a notice is served in pursuance of Regulation 775, who fails within thirty days of the date of such notice to answer any or all of the prescribed questions, or who gives a false answer to any question shall, on conviction, by a court of summary jurisdiction, be liable to a penalty not exceeding Five pounds.
Change of address.
(D.A., 145.)
779. (1) Every person who changes his address after registration shall, within thirty days of such change, notify such change of address to the Area Officer. (Section 145 (1), D.A.)
(2) Notification may be made either personally or in writing, and shall specify the person’s new address and former address, and the name of the Training Area (if any) in which the place of such former address was situated.
(3) Any Area Officer so notified shall communicate such change of address to the Area Officer of the other Training Area affected thereby.
Persona employed on sea-going vessels—how to enrol.
(D.A., 137.)
780. Persons employed upon sea-going vessels, as prescribed in section 137 of the Act, shall register in any Training Area they may elect in the district or town at which the ship is registered, or at which they have signed articles, and if in any case the ship has not been registered or articles have not been signed in Australia, the persons employed upon such vessels may register themselves in any Training Area they may elect.
Penalties.
781. Any person contravening Regulations 779 or 780 is liable to a penalty not exceeding Ten pounds under the provisions of section 85 of the Act.
Forms of Registration.
Forms of registration, how obtainable, &c.
782. Forms of registration shall be sent to postmasters, and shall, on application, be issued by such postmasters to those persons who are liable to register, and shall be sent by such postmasters when delivered to them by the persons making the registration, to the Area Officer, within fourteen days of receipt.
(2) Postmasters shall forward to the Area Officer of the Training Area a form notifying that a further supply of registration forms is required by him for issue.
(3) No person shall be excused from making the registration required by the Act, by reason of there being no form available at a post-office.
Form of Registration.
783. The form of registration shall be as follows:—
UNIVERSAL OBLIGATION IN RESPECT TO NAVAL OR MILITARY TRAINING.
Form for Registration under Section 142 of the Defence Act 1903–1915.
Name of Person to be registered. | Surname |
Other Names (in full) |
Date of Birth day of 19
Town and Country of Birth
Postal Address of Place of Abode
State
(Any subsequent change of address to be at once notified to the officer in charge of the Area.)
If attending School or other Educational Establishment, name of such School or Establishment to be stated.
Name of Parent, Guardian, or other Person acting in loco parentis | Surname |
Other Names (in full) |
Nationality
Relationship to Person to be Registered
Occupation
Postal Address of Place of Abode
If exemption from training is claimed, state the reason below:—
Certificate.
1 certify that, to the best of my knowledge and belief, the foregoing statements are true in every respect.
(Signature of Person making the Registration.)
Extracts from Defence Act.
(1) Any person, of whom information is required by any officer or person in order to enable him to comply with the provisions of this Act relating to enlistment or enrolment, who refuses or neglects (without just cause, proof whereof shall be upon him) to give such information, or gives false information, shall be liable to a penalty not exceeding Five pounds for each item of information demanded and refused or neglected to be given or falsely given (section 74 (1)).
(2) Any person appointed in that behalf who (without just cause, proof whereof shall be upon him) refuses or neglects to make any enrolment, or to make or transmit, in the prescribed manner, any prescribed roll or return, or copy thereof, shall be liable to a penalty not exceeding Fifty pounds (section 74 (2)).
(3) Any person who wilfully contravenes any provision of this Act or the Regulations shall, when no other penalty is provided, be liable to a penalty not exceeding Ten pounds for each offence (section 85).
Extracts from Regulations under the Defence Act.
Registration shall be carried out as follows:—
(a) In the case of a person to be registered whose bonâ fide residence is within a distance of five miles, reckoned by the nearest practicable route from the nearest place appointed for training—
By filling in a registration form and forwarding it to the Area Officer of the area in which the person registering resides, or by filling in such form and handing it to a postmaster, who shall thereupon forward it to such Area Officer.
(b) In the case of a person not present in Australia during the months of January and February of the year in which he would be liable for training, or if not then bonâ fide resident within a distance of five miles from the nearest place appointed for training—
By registering in the manner prescribed in paragraph (a) of this Regulation not later than thirty days after the completion of six months’ residence in Australia, or by registering not later than thirty days after residing at a place within a distance of five miles from the nearest place appointed for training.
DIVISION 2.—PLACES FOR TRAINING.
Places for training, and exhibition of notices.
(D.A., 142 and 145.)
784. (1) The places appointed for training under section 142, and the places for the exhibition of notices under section 145 (2) of the Act, shall be appointed by the District Commandant, notified in District Orders, and advertised.
(2) The prescribed authority for the issue of notices to postmasters under section 145 (2) of the Act shall be an Area Officer, an officer of the Permanent Forces, or such other officer as may be appointed by the District Commandant.
DIVISION 3—EXEMPTIONS FROM TRAINING.
Permanent exemptions.
785. The Area Officer will issue a permanent certificate of exemption to those who are certified as “unfit.”
Temporary exemptions.
(D.A., 138.)
786. A temporary exemption, not exceeding one year, may be issued to those who are temporarily unfit, and they may be required by the Area Officer to attend at a subsequent date for inspection and further medical examination.
Prescribed authorities to grant exemptions.
787. The following shall be the prescribed authorities and persons who may grant exemptions from training referred to in section 138 of the Defence Act:—
Under sub-section 1, paragraphs (a), (b), (c), (d), (e), (f), and sub-section (3)—
Area Officers.
Under the proviso of paragraph (f) of sub-section (1)—
District Commandants.
Theological students.
788. (1) The following persons may be temporarily exempted from training in time of peace by the District Commandant, on application made in writing to the Area Officer of the area in which the applicants reside:—
Students whose time is wholly or substantially devoted to instruction in duties as a minister of religion, or to such duties combined with that of school teaching, while they remain such students, but shall, on ceasing to be such students, unless otherwise exempt, undergo training equivalent to that from which they have been exempt. (Section 138 (3), D.A.)
(2) The District Commandant or Area Officer may require a certificate in writing from the head of the theological institution or religious denomination before granting such exemption.
(3) Such persons may, on ceasing to be eligible for exemption from training, be allotted to a unit for training, but shall, if they so desire, be permitted to perform non-combatant duties.
Exemption under section 138 (I) (f) and proviso of the Act.
789. Any person exempted from training whose bonâ fide residence is not within five miles by the nearest practicable route from the nearest place appointed for training, is required, in the event of his removing and residing within five miles of a place in which training is carried out, to report himself within thirty days of such removal, to the officer in charge of the area; and such person will be required to attend for training as directed by the Area Officer. In the case of a temporary exemption the Area Officer will withdraw such exemption.
790. Any person who has been granted temporary exemption on account of residing at so great a distance from the place appointed for training that attendance at training would involve great hardship, is required in the event of his removing to any other place, locality, or part of the district other than that for which the temporary exemption was granted to notify such change of residence within thirty days of such removal, to the officer in charge of the area. The Area Officer will withdraw the temporary exemption if the circumstances under which it was originally issued no longer exist.
Applications for exemptions.
791. All applications for exemptions of members of the Militia Forces will be made to Commanding Officers, who will communicate with Area Officers within a period of fourteen days. Members of the Militia Forces removing to a place which is not within five miles from the nearest place appointed for training will be transferred from their units to the area in which they reside, and will be granted a temporary exemption by the Area Officer.
Exemptions to be entered in Record Books.
(D.A., 146.)
792. Exemptions shall be entered in the record books of the person exempted, and all such entries shall be signed only by the authorities referred to in Regulation 787.
DIVISION 4.—DISQUALIFICATION.
Persons disqualified from serving.
793. In accordance with section 141 of the Act, no person shall be permitted to serve in the Cadets or in the Defence Force who is found by any Court appointed in that behalf by these regulations (see Regulation 795).
(a) to have been convicted of any disgraceful or infamous crime.
(b) to be of notoriously bad character.
Procedure for application to Court.
794. An application may be made to the prescribed Court by any officer authorized by the District Commandant when he considers there are grounds for such application, and thereupon, or in any other case upon its own motion, such Court may order that any person shall not be permitted to serve in the Cadets or in the Defence Force.
Courts referred to in D.A. 141.
795. The Courts referred to in section 141 of the Act shall include all Courts of Criminal Jurisdiction of the Commonwealth or of a State, and all Naval and Military Courts Martial.
Courts referred to in D.A. 61a and 139.
796. The Courts referred to in sections 61a and 139 of the Defence Act shall be any court of summary jurisdiction under the law of the Commonwealth.
DIVISION 5.—TRAINING—MILITIA FORCES.
Prescribed training.
797. (1) The prescribed training in the Militia Forces shall be, in each year ending the thirtieth day of June, sixteen whole-day drills, or their equivalent, of which not less than eight shall be in camps of continuous training.
Provided that, in the case of these allotted to the Artillery and Engineer arms of the Militia Forces, and to units of the Army Service Corps allotted to those arms, the training shall be twenty-five whole-day drills, or their equivalent, of which not less than seventeen shall be in camps of continuous training.
Provided also that in the Militia Forces the duration of a whole-day drill shall be not less than six hours, of a half-day drill not less than three hours, and of a night drill not less than one hour and a half.
(2) Whole-day drills in camps include the whole of the twenty-four hours.
(3) The length of parades is determined by the Commanding Officer, but must not be less than the period set out above, excluding any time allowed for meals.
Compulsory parades, how called.
798. (1) Compulsory parades not exceeding in total duration the training prescribed by section 127 of the Act, will be notified by notices posted at the places appointed for training or by notices posted to the last-known postal address of those concerned.
(2) Commanding Officers or their representatives will issue such notices quarterly one month in advance. All such quarterly programmes will be submitted for the approval of the District Commandant.
Attendance compulsory.
799. Attendance shall be compulsory at parades which are specified in the programme of parades as “compulsory,” and any member of the Militia Forces who, being a person liable to be trained under Part XII. of the Defence Act, fails without lawful excuse to attend a compulsory drill called for the unit to which he belongs shall be liable to the penalty set forth in section 135 (1a) (a) of the Act. (Section 127 (2), D.A.)
Attendance at camp compulsory.
800. Attendance at the Annual Camp of Continuous Training shall be compulsory, and any member of the Militia Forces who, being a person liable to training under Part XII. of the Defence Act, fails without lawful excuse to attend the camp of continuous training for the full period prescribed for the unit to which he belongs, shall be liable to the penalty set forth in section 135 (1a) (a) of the Act.
Lawful excuse for absence.
801. In order that the person may be considered to have a lawful excuse for absence from a compulsory drill, it shall be necessary for him to make representation to his Commanding Officer and obtain leave of absence. (Section 135 (1), D.A.)
Alternative parades.
802. (1) During each year alternative parades may be called, not exceeding in the case of the Artillery and Engineer Arms and the Units of the Army Service Corps allotted to those arms, five whole days, or their equivalent; and, in the case of other arms, not exceeding four whole days, or their equivalent.
(2) Attendance at these parades will count for pay and efficiency in the same manner as compulsory parades, provided that a greater amount of pay per annum than that prescribed by Financial and Allowance Regulations may not be drawn.
(3) Notwithstanding that alternative parades are allowed to count in lieu of compulsory parades for the purposes of pay and efficiency, attendance at such parades shall not relieve a member of the Militia Forces from liability under section 135 (1a) (a) of the Act for absence without lawful excuse from a compulsory drill.
(4) The compulsory and alternative parades will be equally distributed as far as possible throughout the year.
Extra parades.
803. Extra voluntary parades for special reasons may be called by Commanding Officers, but such parades will not count towards pay.
Officers. Senior Cadets may attend camp.
804. (1) When the number of officers of an Infantry Battalion is below the authorized annual establishment, the vacancies (other than those caused by the absence with or without leave of officers on the strength of the battalion) at camps of continuous training may be filled by officers of Senior Cadets who have qualified for their rank under the syllabus and conditions which apply to officers of the Militia Forces, and have been granted substantive commissions on the Unattached List of the Militia Forces or by officers of the Unattached List and Reserve of Officers appointed for duty with Senior Cadets, provided that such officers volunteer for the duty, are recommended by the Officer Commanding the battalion and the Brigade-Major, and their attendance at the camp has been approved by the District Commandant.
(2) In such cases the officers of the Senior Cadets who attend camp for a period of not less than eight days may be paid the pay and field allowance of the rank which they hold on the Unattached List, as prescribed for officers of the Militia Forces, and shall be granted free rations.
DIVISION 6.—MUSKETRY.
Course.
805. The course of musketry shall be as from time to time prescribed in Military or other Orders.
Blank ammunition.
806. Blank ammunition, in addition to that referred to in Regulations for Musketry Course, will be issued to corps for purposes of manœuvre, as may be deemed advisable by District Commandants.
Allowance of ammunition.
807. District Commandants may, in special cases, vary the allowance of ammunition prescribed, by increasing the allowance of miniature ammunition, and correspondingly decreasing the prescribed allowance of .303-in ammunition by an amount equal in value to the increased allowance of miniature ammunition.
Surplus ammunition, &c., to be returned.
808. At the end of the annual practice and exercise, the Commanding Officer will return to the Ordnance Store any surplus ammunition, except where proper magazine accommodation is provided.
Return of empty cartridge cases.
809. (1) The cases of all small-arm ball and .303-in blank cartridges supplied gratuitously will be returned each year to the Ordnance Store stations from which they were issued, to the extent of at least 90 per cent. of the ball and 50 per cent. of the .303-in blank expended during the year. Any deficiency in the foregoing quantity may be charged for.
(2) The cases will be returned to store in the empty ammunition boxes, not oftener than once a quarter, and officers commanding will not return a less quantity than 1,000 cases. The vouchers accompanying the delivery of the cases will show the weight only. The cases are expected to be in good condition when returned, care being taken that grit and dirt are removed as far as possible beforehand, and the greatest vigilance should be exercised in packing cases for return into store, to prevent any filled cartridges being accidentally sent with them, as any carelessness in this respect might lead to serious consequences.
DIVISION 7.—EFFICIENCY—MILITIA FORCES.
Officers commanding and staff.
810. Officers commanding brigades, regiments, and corps, the brigade and regimental staff, members of an Intelligence Section, and officers detached from their corps on special duty will be classified as “efficient” on having satisfactorily performed the duties allotted to them Officers detached from their corps on special duty may be classified as “efficient” subject to the approval of the Commandant.
Officers going abroad for military instruction.
811. An officer who, with the approval of the Military Board, proceeds abroad to undergo a course of military instruction or training may be classified as “efficient,” provided that he proves to the satisfaction of the Military Board that he has undergone courses of instruction or training of at least the equivalent of the instruction or training he would have received had he remained for duty with his regiment or corps.
Regiments of corps generally.
812. The District Commandant may exercise his discretion and dispense with or reduce attendance as affecting efficiency at continuous training, musketry, and whole-day parades, when for local or other reasons it may not be possible to carry out such, or when for any special reason the officers and men concerned may be unable to attend. The days thus released should, if practicable, be otherwise utilized as whole or half-day parades, at the discretion of the Commandants.
Special inspections.
813. It shall be competent for the Military Board to direct a compulsory parade for an inspection of any regiment or corps, and such inspection may be declared by it necessary for efficiency during the current year.
Annual inspection.
814. (1) Leave from a compulsory parade ordered for an inspection by the Inspector-General or from the annual inspection by the District Commandant, or a compulsory parade ordered by the officer commanding for his annual inspection, may be granted by Commanding Officers in the case of sickness duly certified, and in other special cases.
(2) The Field Officers of a regiment or corps, and Senior Officers of detached units, are not to be absent from the inspections as above without special leave from the District Commandant.
Officer to be efficient.
815. (1) An officer not liable for training under Part XII. of the Defence Act, who does not qualify as an “Efficient,” shall not be retained in the Military Forces of Australia.
(2) The Military Board may approve the relaxation of this regulation in cases where it is represented by the District Commandant that there are special reasons for so doing.
Equivalent parades.
816. (1) Commanding Officers, in calculating attendances for “Efficiency,” are permitted the following alternatives, viz.:—
One whole day will be equal to two half-days or four night parades.
Two half-days will count as one whole-day parade, or four night parades.
(2) Night parades will not be allowed to count for daylight parades, except that where special facilities exist the District Commandant may allow night parades, not exceeding twenty-four in one year, to count towards pay, of which not more than sixteen will be permitted to count towards efficiency, as the equivalent for whole or half-day parades in the prescribed ratio. In the case of Electric Companies, Corps of Australian Engineers, half-day parades may, at the discretion of the District Commandant, be held at night.
Duration of parades.
817. (1) The minimum duration of parades shall be as follows:—
Whole-day parade—minimum duration—six hours.
Half-day parade—minimum duration—three hours.
Night parade—minimum duration—one and a half hour.
(2) If a parade is shortened, owing to the inclemency of the weather, or other sufficient cause, before the minimum duration has passed, such parade may be returned as complete, subject to the approval of the Commanding Officer. An officer or soldier arriving on the parade ground after the hour appointed
for the parade shall not be entitled to count the parade for pay and efficiency. District Commandants may approve of parades of a shorter duration than is prescribed above, provided that in such case an increased number of parades shall be required for efficiency, so as to make the aggregate of hours attended in each class of parade equal to that required under the scale above prescribed.
Church parades, funerals, &c.
818. Attendance at church parades or funerals shall be voluntary, and will not be allowed to count towards “Efficiency,” nor shall pay be granted for such attendance.
Temporarily attached.
819. If temporarily resident in another district or locality, an officer or soldier should be attached to a corps serving in such district or locality, and parades attended with such corps shall count towards pay and efficiency.
Discharge of recruits.
820. A voluntarily enlisted Militia recruit who fails to pass into the ranks within six months of the date of his enlistment will be recommended for discharge, unless, in the opinion of the Commanding Officer, there are extenuating circumstances.
Leave from continuous training.
821. Leave of absence from continuous training must be applied for prior to the assembly of the corps, except in the case of sickness duly certified. Officers will not be granted leave from continuous training unless under very special circumstances. Officers must forward such application for leave to Commanding Officers for transmission to the District Commandant, at least three days prior to the commencement of the training.
Requirements for “efficiency.”
822. (1) In order to be classified as efficient a member of the Militia Forces must attend the Annual Camp of Continuous Training for the full period prescribed and the remaining number of whole-day drills, or their equivalent, necessary to complete the amount of training prescribed for each year by Section 127 of the Act. The prescribed training other than continuous training may be performed at either compulsory parades or by attendance at the alternative parades prescribed in Regulation 802 (1).
Standard of proficiency.
(2) In addition to the attendance required by these regulations, each member of the Militia Forces shall be required to attain a sufficient standard of proficiency and complete the prescribed course of musketry for his unit before being classified as “efficient.”
Members granted leave.
823. Except as provided by Regulations 426 and 427, a member who has been granted leave, or for any other reason been not liable to be trained, or been temporarily exempted shall, in order to be classified as “efficient,” be only required to attend the amount of training prescribed by Section 127 of the Act less the total duration of the compulsory drills held for the unit to which he belongs during the period such member was on leave, not liable to be trained, or temporarily exempted.
Board to determine efficiency.
824. (1) The “efficiency” of members, subject to their compliance with Regulations 822 and 823, shall be determined by a Board of not less than three officers, and the President of the Board shall be the “officer appointed in that behalf” as required by Section 133 of the Act. Such classification shall be entered and signed in the authorized form.
(2) These Boards will, in the case of Regiments, Brigades of Field Artillery, and Battalions, be appointed by the Commanding Officer, in other cases by the District Commandant or Brigade Major on his behalf.
(3) The Boards should usually consist of officers of the unit, but other officers may be appointed if necessary.
(4) At the termination of the first year’s training in the Militia Forces, the Board will determine whether “recruits” are fit to take their places in the ranks as “Trained Soldiers,” and the greatest care is to be exercised to insure that men are not passed into the ranks until they are thoroughly qualified.
(5) Those members who are adversely reported upon will be classified as non-efficients, and will be required to undergo another year’s recruit training, and the same procedure will apply for each successive year until they have been classified as “efficient.”
(6) The procedure of the Boards is not limited, but they may determine by seeing the work of those to be classified, or by taking evidence, or of their own knowledge. Members who narrowly escape being marked “non-efficient” should be warned by the Boards, verbally or through their Company (or other unit) Commander. The determination is to be made solely on the result of the year’s work, except that in doubtful cases any matter creditable to the member occurring in a previous year may be brought to notice.
(7) The standard required should be based on the number of years’ training already performed by the member, the work carried out in the unit during the year, and the grade of proficiency that should be reached by a man of ordinary capacity giving proper attention to his work.
(8) Allowance should be made for those whose intelligence is less developed than the average, and for those who, from illness or other sufficient cause, have been unavoidably absent from part of the training.
(9) An officer or senior warrant or non-commissioned officer of the Squadron, Battery, or Company should be present to bring to notice of the Board any facts in favour of such members.
DIVISION 8—NON-EFFICIENTS.
Non-efficients to attend additional annual trainings.
825. Members of the Senior Cadets or Militia Forces who have, at the termination of any year of training, been classified as “Non-efficient,” will, on reaching the year in which they attain the age of 25 years, be required to undergo as many additional annual trainings as the number of entries of “Non-efficient” recorded against them, together with such further similar entries as may be recorded after such additional trainings.
Attendance during portion of year only.
826. (1) Members who are trained during only portion of a year, and who are absent for the remainder of the year from causes other than neglect to attend, such as continued leave
on account of illness, removal of residence at a greater distance than five miles from a place appointed for training, will be certified as follows, on Table XV. of the Record book:—
I. If present during any substantial part of the training, and showing sufficient attention in their work, they may be marked “Efficient,” and the cause of such partial attendance noted at the bottom of the Form, e.g., “Exempt five months” (vide Table II.).
II. If not present at any substantial part of the training, so as to enable an opinion of their proficiency to be formed, but nevertheless having attended the compulsory parades, or their equivalent, while so subject to training, they may be entered as “Exempt,” under the words—
“Efficient” | and both these words struck out. |
“Non-efficient” |
(2) Those who are liable to train for only part of a year, and neglect to attend the compulsory parades, or their equivalent, held in that period, or show want of attention to duties, will be marked “Non-efficient.”
PART XV.—CORRESPONDENCE, RETURNS, REPORTS, DOCUMENTS, BOOKS, AND RECORDS.
DIVISION 1.—CORRESPONDENCE AND RECORDS (GENERAL).
Correspondence and records (general).
827. (1) Official correspondence is to be written on foolscap paper, with one-quarter margin; one side only of the paper is to be used, and a space of at least two inches from the top of the first page is to be left blank for record stamps.
(2) Letters, reports, and memoranda, other than ordinary minutes, and accompanying plans or schedules are to bear the signature, and, where necessary, the official designation of the officer responsible for them, and the date. In the case of memoranda the address is to be at the beginning of the communication, but in letters the address is to be at the bottom left-hand corner of the first page.
(3) When papers are minuted, the first minute is to follow where the original letter or memorandum ends, and the person who writes it is to mark, in red ink where possible, the original communication “No. 1,” and his own minute thereon “No. 2.” Each succeeding minute is to immediately follow that which by date precedes it, and be numbered in sequence.
(4) No commencement or continuation is to be made on vacant spaces between previous memoranda or in the margin. A fresh sheet of foolscap is to be added, when required, for the commencement or continuation of a memorandum.
(5) Files are to be built up from the original paper by attaching each subsequent paper above the preceding one, the one most recently received or minuted being always on top of the file.
(6) Where a paper consisting of more sheets than one is attached to a file the sheets are to be arranged in sequence, with the last sheet on top. Annexures are to be added in the same sequence under the covering paper. Under no circumstances is a sheet to have the corner turned up, or to be folded over.
(7) Official correspondence is not to be mutilated by cutting or by removing papers therefrom; nor is fresh paper to be pasted over any minute. Any unavoidable mutilation should be initialed by the person responsible.
(8) Each letter is to be noted in the margin with the registration number of the document upon which it is based, and in cases of communication to another Department, the number of that Department’s papers is to be referred to in the introductory portion of the letter.
(9) In addition to the registration number, each letter in reply is, in its introduction, to convey sufficient information to connect it with the original communication.
(10) Each communication is to be restricted to one subject only.
(11) A copy of every letter is to be placed in the file, except in cases of bare acknowledgements, or where sufficient indication is made of the nature of the communication forwarded.
(12) When there are only three or four papers in a file, they may be secured together by a fastener, placed in the left hand top corner. Paper fasteners are not to be used to secure a large number of papers together; in such cases the file is to be tied in the upper left hand corner with tape or ribbon. Very bulky files are to be backed with a piece of cardboard, foolscap size.
(13) When there is an unanswered communication with a file, a coloured slip printed “Unanswered Letter” is to be attached to the communication (to protrude beyond the top of the file), so that action may not be overlooked; the slip is to be removed when a reply has been sent.
(14) In letters containing several paragraphs each paragraph is to be numbered consecutively.
(15) Telegrams or documents sent as enclosures, which are not foolscap size, are to be mounted on a sheet of foolscap, so that all papers shall be of uniform size.
(16) In the case of all Board proceedings and other important documents, involving payment of money by the Government, which are delivered by hand at District Head-quarters, or to a Staff Office in camp, a receipt is to be obtained from the recipient.
DIVISION 2—CORRESPONDENCE AND RECORDS (DEPARTMENTAL).
Departmental correspondence and records.
828. (1) All communications for the Inspector-General will be addressed direct to him, and the Inspector-General will communicate direct with such officers as may be necessary.
(2) Telegrams for the Central Administration will be addressed “Defence, Melbourne,” and bear as signature the surname only of the officer sending same. Telegrams are to be as concise as possible. They are to be copied in a separate press copy-book, and numbered consecutively, commencing at 1
on the first of each year. It will be sufficient to quote the number of a telegram in replying to same. The same system is to be observed in District offices.
(3) All communications on any subject for the Central Administration are to be addressed to the Secretary, Department of Defence.
(4) Separate registers for each Department in the same building of the Military Staff Offices will not be kept, but all correspondence will be opened in the Central Registry, registered and distributed with all possible despatch to the officer under whose assigned duties the subject-matter pertains.
(5) When registered, papers will be stamped with date received and with a number and file number. For reference purposes, it will be sufficient to quote these numbers. Underneath the designation referred to in sub-regulation (3) of this Regulation, the date the paper is passed to the member will be written thus—A.G., 18/1/05.
(6) Telegrams and papers marked “Urgent” will be given precedence in the order of registration.
(7) When action is complete the papers will be initialed, dated and marked “P.A.” by the officer responsible for the matter being dealt with, and they will then be put away.
(8) If further action is necessary they will be kept in a “pending” box, and reminders will be sent if a reasonable time elapses without reply.
(9) Papers with the Minister’s decision noted thereon will, in all cases, be retained in the Central Registry of the Central Administration.
(10) Decisions of the Military Board will be conveyed by minute or memorandum signed by the Secretary to the Board.
(11) Correspondence from the Central Administration to other Departments or to the public will be signed by the Secretary, Department of Defence.
(12) All official documents are to be regarded by the clerks engaged in their registration or despatch as confidential, and under no circumstances is any information concerning any departmental matter to be made public or be given to any one not departmentally authorized to receive the same. Officials engaged in connexion with correspondence or records are to use every precaution to prevent any leakage of departmental information.
Proposals involving expenditure.
829. When submitting proposals, Commandants are to state—
(a) If any expense would be involved by approval.
(b) If so, how much.
(c) Whether such expense is provided for, if so, the division, sub-division, and item in the Appropriation Act.
(d) Furnish a certificate from the District Paymaster that money is available on the vote indicated.
(e) When a recommendation is made that is not provided for in the Appropriation Act, it should invariably be the subject of a separate communication.
Signatures.
830. District Commandants must themselves sign letters intended for superior authority which are initiative or important in their character, but they may authorize their staff officers to sign letters dealing with details relating to their special branches, and arising out of questions the principle of which has been approved. When a subject affects more than one staff officer the letter should be signed by the senior staff officer, or in his absence by the staff officer most concerned. When a District Commandant is absent on duty, letters of an urgent character may be signed by the senior staff officer, or in his absence by the staff officer to whose branch the subject belongs, the action taken being reported to the District Commandant on his return. The use of stamp signatures is strictly forbidden.
Local adjustment questions by D.C.
831. District Commandants and other intermediate authorities are responsible for the correctness of what is set forth in documents submitted by them, but they are not, unless in exceptional circumstances, the particulars of which are to be stated, to refer to superior authority matters which they have power to decide themselves. In transmitting applications or correspondence to the Military Board, they are to record their opinions and recommendations thereon, adding such additional observations, based on local knowledge, as may enable a final decision to be arrived at without further reference; in like manner they will require all Commanding Officers under their orders to record an opinion and recommendation on every case submitted for their decision.
Applications from officers and soldiers of units.
832. Applications from regimental officers are to be submitted to the Commanding Officers of their units. Applications from non-commissioned officers and men may be made either personally or in writing through the officers commanding their companies, &c., to the Commanding Officer of the unit.
Correspondence through D.C.
833. (1) Officers commanding units and local heads of departments are to transmit official communications intended for the Military Board through District Commandants, except when otherwise specially regulated or allowed, or in cases of evident necessity.
(2) Correspondence for District Head-Quarters will be addressed:—
Head-Quarters,
(*) ....................... Military District,
(3) All correspondence and reports from the officers of a brigade, regiment, or battalion intended for the officer commanding the same, are to be addressed to the Brigade Major or Adjutant. Any officer or soldier who transmits documents otherwise than through the proper channel will explain his reasons for doing so, and at the same time forward copies for the information of the authority through whom they should have passed.
Correspondence between officer in command and staff officers.
834. In direct correspondence between District Commandants, between Commanding Officers and between Heads of Departments, letters are to be signed by the superior officers themselves. When an officer employs his staff to conduct any correspondence with another officer of equal rank or position the staff of that officer is to be addressed.
* Number of District.
Telegrams to be numbered.
835. Telegrams from one District Head-Quarters to another are to be numbered.
Opening official letters.
836. Whenever District Commandants or other officers in command are absent from their commands, the officers administering are to open any official letters addressed to such commanding officers, and carry cut any orders contained therein.
DIVISION 3.—BRIGADE OFFICES.
837. (1) Officers commanding corps will forward through Brigadiers (including Officers Commanding Fortresses and Defended Ports) or Brigade Offices correspondence only which involves—
(a) Important questions of discipline;
(b) Appointments, promotions, retirements, &c., of officers above the rank of Captain;
(c) Leave of absence of Officers commanding corps; and
(d) Education and training of the troops.
(2) Correspondence on matters of routine, finance, and internal administration concerning only the corps itself will be forwarded direct to District Head-Quarters. Similarly, all correspondence from corps not forming portion of a brigade (or fortress) command will be forwarded direct to District Head-Quarters, and is not to be sent through the Instructional Staff Officers.
(3) This regulation will not apply to Australian Field Artillery units which are brigaded for administrative purposes under a Brigade Commander.
Communications from District Head-Quarters.
838. (1) Communications from District Head-Quarters to Brigade, Regimental, and other units, to which a reply is required, are to be sent in duplicate or more, if necessary, that is, the original communication, signed by the officer from whom it emanates, and a carbon or other copy. On receipt, the communication will be numbered, indexed, and reply made by minute on the original communication, the carbon (or other) copy, together with copy of the minute in reply being filed. A similar procedure will be followed in the case of communications from Regimental and other offices to District Head-Quarters, and between Regimental, Squadron, Battery, and Company offices. In offices where a typewriter is not in use, a loose-leaved letter-book may be used, and a carbon or press copy attached; in such cases, the use of an indelible pencil will be permitted.
(2) Under this system, the whole of the correspondence, or a copy, is available at all times at both ends; and there will therefore be no necessity for sending large files through the post.
Returns and Requisitions.
839. Whenever returns, requisitions, &c., are required in duplicate, triplicate, &c., carbon sheets should be made use of to obtain the extra copies, indelible pencils being used when necessary.
(2) To enable this principle to be fully carried out, forms will be printed on thin tough paper, gummed together at one edge, in blocks of 50 to 100.
Restriction of unnecessary clerical work.
840. Commandants and Commanding Officers should use every endeavour to restrict, at all times, unnecessary clerical work in their commands.
Formal acknowledgment.
841. In all cases in which written communications are received from persons outside the Military Forces or Departments, a formal acknowledgment will be sent by return post, if it is not possible to furnish at once a reply to the matter of the communication.
DIVISION 4.—REPORTS OF CASUALTIES, ETC.
Particulars of death of soldier to be sent to next-of-kin.
842. When a soldier is admitted to a hospital his Commanding Officer will be responsible that the relatives are notified without delay. Immediately on the death of a soldier of the permanent forces, a letter will be written and signed by an officer, reporting the circumstance, to the man’s next-of-kin. The letter will state the rank, regimental number, and name of the soldier, the duration of his illness, the place, date, and cause of his death, and the place of burial, and will, when necessary, direct to whom application regarding his effects should be addressed.
DIVISION 5—DOCUMENTS AND MAPS MARKED SECRET, CONFIDENTIAL, OR FOR OFFICIAL USE ONLY.
Care of secret documents.
843. A document or map marked “Secret” is intended only for the personal information of the individual to whom it is officially intrusted, and of those officers under him whose duties it affects. He is personally responsible for its safe custody, and that its contents are disclosed to those officers and to them only. The existence of such a document or map is not to be disclosed by him or them to any other person without the sanction of superior Military authority. A confidential document issued by the Admiralty marked “Not to be communicated to officers below the position of Commanding Officer of His Majesty’s ships “and any confidential document issued by the Naval Board are to be treated as “Secret,” if issued to officers of the Army, and must be so indorsed on receipt.
Confidential documents.
844. (1) A document or map marked “Confidential” is of a privileged nature. The contents are only to be disclosed to authorized persons, or in the interests of the public service.
(2) The information contained in a document or map marked “For Official Use only” is not to be communicated to the press nor to any person not holding an official position in His Majesty’s service.
Unauthorized publication of official documents.
845. Documents and maps classed as “Secret,” “Confidential,” or “For Official Use Only,” are not to be referred to in any catalogue or publication which is not itself a document marked “Secret,” “Confidential,” or “For Official Use Only,” as the case may be. The only legitimate use an officer or soldier may make of documents or information of which he becomes possessed in his official capacity is for the furtherance
of the public service in the performance of his duty. Publishing official documents or information or using them for personal controversy, or for any private purpose, without due authority, will be treated as a breach of official trust under the Official Secrets Act 1911.
Confidential register.
846. A separate Confidential Register will be kept in the Central Registry, in which all confidential communications will be registered. This book will be kept under lock and key in charge of some responsible official, who, in the case of District offices, will be the Chief Clerk. After registration, inward correspondence of a confidential nature will be handed personally to the Commandant or Staff Officer concerned.
Treatment of confidential correspondence.
847. (1) A letter of a secret or confidential nature is to be marked “Secret” or “Confidential,” as the case may be. Such a letter should be enclosed in two envelopes, on which the inner one should be marked ‘‘Secret” or “Confidential,” and the outer one should be inscribed with the address only. The inner envelope should be sealed. A confidential plan or other document is to be similarly treated. In the case of a confidential report of an officer, the inner envelope should be marked so as to indicate its contents.
(2) “Secret’’ correspondence for transmission to places outside the Commonwealth will be marked “By British Packet.’
(3) In addition to these precautions, secret correspondence, if sent through the post, will be registered (confidential correspondence will be similarly dealt with if the sender considers such a course necessary), and in every case will be acknowledged at once. Ordinary confidential correspondence need not be acknowledged.
(4) The formal acknowledgment of the receipt of a secret communication, the contents of which are not revealed on such acknowledgment, should not be marked “Secret.” This will apply to papers which are not in themselves secret though connected with secret papers.
(5) In the case of “Secret” or “Confidential” documents for transmission to Head-Quarters (other than for the Inspector-General) the outer envelope will be addressed:—
The Secretary,
Department of Defence,
Melbourne.
the inner envelope being similarly addressed.
(6) In the case of “Secret” documents for the Inspector-General or District Head-Quarters, the outer envelope will be addressed as in the case of ordinary correspondence, and the inner envelope will be addressed, by name, to the. Inspector-General or Commandant, as the case may be.
(7) Confidential documents will be similarly treated, except that the inner envelope need not be addressed by name to the Inspector-General or Commandant.
(8). A separate register for secret correspondence will be kept in the Central Registry under the control of an officer specially selected for the duty by the Secretary, Defence Department, in the case of the Central Administration, and by the Chief Clerk in the case of District offices. This book and all secret correspondence and documents will be kept under lock and key.
(9) Secret documents and maps issued for retention in Commands will be sent to the Commandant, who will be held personally responsible for their safe custody. He and heads of Branches at Head-Quarters to whom secret documents have been issued will forward to the Secretary of Defence, on the 1st October of each year, returns on the authorized form, with the certificate thereon, duly completed, of:—
(a) Secret documents issued from the War Office. (This form to be in duplicate.)
(b) Other secret documents.
(10) When forwarding “Secret Documents” from Head-Quarters to District Commands, and vice versâ, or from one Department to another, the documents are to be accompanied by a covering “Secret” Memorandum, stating briefly the purport or designation of such documents.
(11) The officer for whom the documents are intended will, on their receipt, detach and retain the documents, and, after noting on the covering memorandum that he has done so, he will pass same to the Central Registry, for file.
(12) A Commandant on relinquishing his command will hand over to his successor all secret documents issued to him, and obtain his receipt for same on the authorized form. A duplicate copy of this receipt will be forwarded to Head-Quarters by first available post.
(13) The receipt of “secret” correspondence or documents is to be acknowledged by return post.
(14) Telegrams sent in code will be dealt with as confidential communications, and if it be not practicable to furnish at once a reply, a formal acknowledgment of receipt will be sent by return post, or by wire if so directed.
Care is to be taken that the coded message and the “en clair” message are not allowed to remain on the file.
Care, &c., of documents issued from the Intelligence Department.
848. Books, documents, and maps issued from the office of the Chief of the General Staff, or the Intelligence Section for the public service will be preserved and dealt with as public property. A list of them will be kept by the recipient or person responsible for them, who, when relieved in his appointment or office, will hand over both the list and the articles to his successor, taking a receipt for them from him. Whenever any deficiency in such articles is discovered, a report will at once be made to the Military Board.
Documents, &c., to be handed over to successor.
849. When any officer relinquishes his command, he is to deliver to the officer who succeeds him all official books and records relating to his command, and all documents, confidential or other, which he may have received in his official capacity.
Disposal of documents, &c., on command being broken up.
850. When troops are entirely withdrawn from any station all official records and returns relating to the command are to be made up to the date of the troops quitting the station, or of the command being broken up, and are then to be transmitted to District Head-Quarters.
C.9801.—G
Unauthorized publication of official records.
851. Access to official records is only permitted to those intrusted with the duties of the office or department to which they belong, and these records are not to be made public, or communicated to persons unconnected with such offices or departments, without the sanction of the authorities concerned. The only legitimate use an officer or soldier can make of documents or information of which he becomes possessed in his official capacity is for the furtherance of the public service in the performance of his duty. Publishing official documents or using them for personal controversy, or for any private purpose, without due authority, will be treated as a breach of official trust.
DIVISION 6.—BOOKS AND RECORDS.
A.M. Books to be kept up by Units, &c.
List of books to be kept.
852. The books to be kept by every unit are shown in the table contained in Regulation 855. They are to be produced at the inspection of the unit, and at such other times as the Military Board may direct.
Responsibility as to books.
853. The Commanding Officer of each unit is responsible that the books set forth in the table to Regulation 855 are properly kept, and he should examine them periodically and see that they are correct and written up to date.
Custody of books.
854. Books which are kept by Regiments and Corps should also be kept by Batteries and Companies which are not administered under ordinary circumstances as part of a Regiment. Those marked with an asterisk in the table to Regulation 855 will be kept by detached Squadrons, Batteries, and Companies, which are administered from a Regimental or Corps Head-Quarters, but which are situated in a different locality.
Books kept by each unit.
855. The following is a list of the books which shall be kept by each unit:—
Permanent Forces.
(a) Regimental Books (in addition to those mentioned in (“c”)).
Casualty Book.
Register of Deserters (Guard Book).
Register of Births and Marriages.
Register of Deaths.
Description of Horses.
Bedding Book.
Descriptive Roll Book.
(b) Quartermasters’ Books (in addition to those mentioned in (“d’)).
Ration and Forage Supply Ledger.
Reports of Boards of Survey (copies) (Guard Book).
Expense Book.
Barrack Store Ledger.
Equipment, Clothing, and Necessaries Ledger. To be kept by Units of R.A.G.A.
Militia Forces.
(c) Regimental Books.
Military and District Orders (Guard Book.
Regimental Order Book (Guard Book).
Attestations (Guard Book).
Conduct Sheets (Guard Book).
Copies of Returns (Guard Book).
Postage Book.
Cash Book.
Nominal Roll.
History Sheet of Rifles on Charge.
†Official Receipt Book.
(d) Quartermasters’ Books.
Equipment Ledger.
Clothing Ledger.
Issue Cards (or Books).
Requisitions (Guard Book).
Vouchers (Guard Book).
(e) Company, &c., Books (Generally).
The following books will be kept by all squadrons, batteries and companies throughout the service:—
(i) In the Permanent Forces—
Order Book.
Conduct Sheets (Guard Book).
Mess Rolls (Guard Book).
Pay Sheets (Guard Book).
Cash Book.
Monthly Requisitions for Clothing and Necessaries (Guard Book).
Description of Horses.
Postage Book.
† Official Receipt Book.
Barrack Store Ledger.
Equipment, Clothing, and Necessaries Ledger.
(ii) In the Militia Forces—
Order Book.
Conduct Sheets (Guard Book).
Postage Book.
Parade Attendance Book or Roll.
Cash Book, to show all receipts and payments.
Issue Cards (or Books).
Nominal Roll.
Record Book.
Company Roll Book.
† Official Receipt Book.
† The Official Receipt Books referred to above are to be obtained from District Paymasters, who are the officers appointed by the Minister to issue Receipt Books under Treasury Regulation No. 36.
A stock of Receipt Books is to be obtained by each District Paymaster, and issued by him free of charge to the corps as required.
Official Receipt Books are not, under any circumstances, to be obtained by regiments or corps direct from the Government Printer.
Casualty Book.
Casualty book.
856. A Casualty Book is to be kept at the Head-Quarters of every permanent unit, in which all changes in the service of soldiers are to be inserted.
Special Instructions for keeping Orders and Regimental Books, &c.
Guard Book for orders.
857. All Military, District, and Corps Orders, and Lists of Changes in War Materiel, are to be kept in separate guard books. Each volume will contain orders, &c., for one year, and will be numbered and indexed.
Regimental Order Book.
Regimental Order Book.
858. (1) All orders issued should be headed with the progressive number, and dated in the same manner as letters, a quarter margin left in the book.
(2) Each paragraph should be numbered, and have its marginal note of the subject. Where a Regimental or Corps Order is issued as a result of papers that have been entered in the Regimental Register, the register number must be written in the margin of the order book against the particular paragraph, and in the register the number of the Regimental Order must be written also.
(3) In similar manner, a matter appearing in Military or District Orders of which an entry has been made in the Regimental Register—such as an application for leave for an officer which is retained at District Head-Quarters and a District Order issued—the number of the District Order is to be written against the entry in the Regimental Register and on the office file of District Orders, the register number is to be written against the particular paragraph.
(4) When a Regimental or Corps Order is issued as a result of a District or other Order (which requires a further detail of instructions to the Regiment or Corps than that specified in the District or other Order), the Regimental Order is to be worded, “In accordance with District or other Order of , paragraph ,” and so on.
(5) Sufficient copies of Regimental or Corps Orders should be made to insure orders being known to the whole command, and not only to officers. A copy must be posted in every orderly-room and drill hall, and the men directed to read them, pointing out that facilities being given for this permit of no excuse that they are unaware of such orders.
Account of books, &c., issued.
859. An account of all books, maps, forms, and the like, received for free issue in a District, shall be kept at District Head-quarters. Such free issues shall be made from District Head-quarters. Books (including Manuals and Text-books) and maps shall be accounted for in a bound ledger on the equipment ledger principle or card system, receipts numbered in proper sequence being obtained for all issues, and filed for convenient reference for audit purposes when necessary. No receipts need be obtained for pamphlets, forms, amendments to Regulations, &c., issued; such issues shall be vouched for by the approved list of free issues, and a certificate by the responsible person who issued the pamphlets, &c.
DIVISION 7.—RECORD AND COMPANY ROLL BOOK—MILITIA AND SENIOR CADETS (SECTION 146, D.A.).
Record book.
(D.A., 146.)
860. (1) Every person who registers shall receive a Record Book, a duplicate of which shall be retained by prescribed persons, in which books shall be entered such information as is prescribed, and all records of service, and the production of such book or duplicate shall be primâ facie evidence of all matters entered therein.
(2) A Company Roll Book shall be kept by prescribed persons, in which shall be entered such information as is prescribed, and the production of such book shall be primâ facie evidence of all matters entered therein.
(3) No entry shall be made in a Record Book or Company Roll Book except by those authorized by the Regulations.
Record Book and Company Roll Book, information to be entered in.
861. The following shall be the prescribed information which shall be entered, as provided by section 146 of the Act, in the Record Book and. Company Roll Book, namely:—
(a) In the Record Book—
Table I. Personal information, including the name in full, occupation, postal address of place of abode, and date of birth of person liable to be trained, together with the name in full, occupation, and postal address of his parent or guardian.
Table II. Exemptions from training.
Table III. Details of medical examination.
Table IV. Change of address or occupation.
Table V. Promotions, appointments, certificates of examination, badges, &c.
Table VIII. Annual inspection of arms.
Table IX. Annual inspection of equipment.
Table X. Charges for loss and deterioration to arms, equipment, clothing, or other Government property.
Table XI. Fines and payments.
Table XII. Punishments.
Table XIII. Distinctions.
Table XIV. Details of Senior Cadet service.
Table XV. Details of service carried out in the Militia Forces.
(b) In the Company Roll Book—
Names and ranks of persons belonging to the troop, squadron, battery, company, or other similar unit; particulars of drills held and the dates thereof, including, in the Militia Forces, Camps of Continuous Training; information showing whether each member has or has not attended each drill, provided that for this purpose the letter “P” shall denote “Present,” the letter “L” “Absent with leave,” the letter “A” “Absent without leave,” the letter “S” “Absent through sickness duly certified,” and the letter “D” “Present in detention.”
Duplicate Record Book, by whom to be retained.
(D.A., 146.)
862. The authorized persons to retain the Duplicate Record Book shall be as under:—
In the case of—
(a) Members of the Militia—The Officer Commanding Regiment or Corps, or such officer as may be authorized by him.
(b) Senior Cadets. (c) Persons liable for training not allotted to a unit. |
|
(d) Those to whom a Record Book has been issued, and who do not reside within five miles from a place appointed for training, but reside in a training area. | The Area Officer. |
(e) Persons who reside in a training area to whom certificates of exemption have been issued. |
|
(f) Persons who do not reside within a training area. | The District Commandant or such officer as may be authorized by him. |
Persons authorized to make entries in Record Book.
(D.A, 146.)
863. In the case of Senior Cadets and persons liable for training in the Militia Forces not allotted to a unit, the following shall be the prescribed persons authorized to make entries in the Record Book, namely:—
(a) An Area Officer or Officer of the Permanent Forces for entries in Tables I., II, V., X., XI, XIII., XIV., and XV.
(b) For entries in Table IV., as in paragraph (a) of this Regulation or a warrant or non-commissioned officer of the Permanent Forces.
(c) For entries in Table III., the Area Medical Officer or other person authorized as the prescribed medical authority.
(d) Authorized inspectors for entries in Tables VIII. and IX.
(e) For entries in Table XII (punishments) the officer awarding the punishment, but in the case of punishment by a Civil Court as in paragraph (a) of this Regulation.
Entries as regards Militia.
864. In the case of the Militia entries in the Record Book may be made by—
(a) Area Officers for entries in Table II.
(b) Area Medical Officers, or other authorized persons for entries in Table III.
(c) Officers Commanding Squadron, Company, Battery, &c., for entries in Tables IV., V., X., XI., XIII., and. XV.; in the case of Light Horse Troops in scattered country localities the entry in these tables may be made by the Officer Commanding the Troop.
(d) Authorized Non-commissioned Officers for entries in Table IV.
(e) Authorized inspectors for entries in Tables VIII. and IX.
(f) For punishments, the officer awarding the punishment, but in the case of punishment by a Civil Court or Court Martial, the Adjutant or Commanding Officer, as in paragraph (c) of this Regulation.
(g) For discharges and certificates, the Officer Commanding the Regiment, Battery, or other similiar unit.
Company Roll Book.
(D.A., 146.)
865. (1) In the case of the Militia the Company Roll Book shall be kept by the Officer Commanding the Squadron, Battery, or Company, or other officer authorized by them, and for Senior Cadets by the Officer Commanding the Company or Detachment, or by an Area Officer.
(2) Entries may be made in the Company Roll of Militia and Senior Cadets by an Officer, Warrant Officer, or Non-commissioned Officer, not below the rank of Corporal.
Record of Officers’ Services.
Record of officers’ services.
866. A record of the services of all officers serving in a district shall be kept in the authorized book at District Head-Quarters.
Record of Services of Voluntarily Enlisted Soldiers, Attestations, &c.
Attestations.
867. The service of each soldier will be recorded on his attestation, and in the case of the Militia Forces in the Record Book to be issued to him.
Disposal of documents of Warrant and N.C.O.’s promoted to commissions.
868. When a Warrant Officer or Non-commissioned Officer is promoted to a commission, his attestation and the documents preserved therewith, and his medical history sheet, will be retained at District Head-Quarters for custody. His company and regimental conduct sheets, and documents connected with his clothing and accounts, will be destroyed.
Receipt for attestation.
Return of.
869. When an attestation is taken for any temporary purpose, the authorized receipt form will be prepared and sent with the attestation. This form is to be signed by the recipient, and returned by him to the officer from whom it was received to be placed in the file instead of the attestation. On the return of an attestation which has been borrowed for any purpose, the receipt will be returned to the officer who borrowed the attestation.
Information for completion of attestations
870. Officers charged with the custody of the attestations are to be furnished with the information necessary to enable them to keep these records completed up to date; this information will be afforded in the monthly states.
Custody of attestations.
871. The attestations will be kept by the officers commanding units and those of Rifle Clubs by the officer in charge of Rifle Clubs.
872. The attestation will, on the enlistment of the recruit, be sent to his Commanding Officer, and will invariably accompany the man. The attestation will be filed in numerical order, an alphabetical index of the men’s names being kept in each file.
Documents attached to attestation.
873. The following documents will be attached to the attestation:—
(a) Proceedings of Court of Inquiry on injuries sustained.
(b) Attestations of fraudulently enlisted men.
(c) Authority for special enlistment.
(d) Agreement to re-engage.
(e) Declaration of change of name.
(f) Certificates of trade proficiency (to be returned to the soldier on discharge).
(g) Certificate of character (to be returned to the soldier on discharge).
(h) Regimental conduct sheet.
Attestation defaced or lost.
874. Should the attestation at any time be lost or become so injured as to render it useless as an authentic record, a certified copy of the attestation will be made and substituted for it. An entry as follows will be made in red ink at the top of the first page of the copy:—
Copy of Attestation.
“Substituted for original attestation, in accordance with Regulation 874.
______________Signature of
Commanding Officer.
Station______________.
Date________________.
Entries in attestations.
875. Every variation affecting a soldier’s service, or good conduct pay, will be entered in his statement of services or military history sheet, as it occurs, as follows:—
Entries in the Statement of Services.
(i) Promotion to, or reduction from, any rank | See regulation 196 |
(ii) Grant or deprivation of any appointment | Such as lance-corporal, bandsman on the establishment, drummer, or bugler, class of orderly in the Australian Army Medical Corps or shoeing-smith on the establishment |
(iii) Grant or deprivation of good-conduct pay | To be entered in red ink |
(iv) Re-engagement.............. | Entry to be made thus:—“Re-engaged for “the Regiment, at on “for years’ service.” The date of re-engagement will be that of approval by the competent military authority |
(v) Conviction by civil power of an offence committed before enlistment—if absent from duty in consequence of the sentence | An entry to be made explaining absence from duty |
(vi) Every conviction by court martial or civil power | Entry to be made immediately after promulgation, or receipt of certificate of conviction by civil power |
(vii) Absence without leave exceeding 5 days | Entry to be made immediately after disposal of case |
Entries in the Statement of Services—continued.
(viii) Transfer to other corps or to the reserve | — |
(ix) Re-transfer from the reserve | The date and authority to be quoted |
(x) Date and cause of becoming non-effective | — |
(xi) Reckoning of former service for pension purposes | — |
Calculating leap year.
876. In calculating service, the extra day (29th February) in a leap year is only to be reckoned when it occurs during the last year (reckoning from the date of attestation) of a soldier’s service, and then only if that year’s service remains uncompleted. Thus, 1880 being a leap year, a soldier enlisted on the 1st December, 1859, and discharged on the 30th November, 1880, would reckon twenty-one years’ service exactly. But a soldier enlisted on the 1st December, 1859, and discharged on the 1st March, 1880, would reckon twenty years and ninety-two days—the 29th February, 1880, being here credited as it falls within the period of the uncompleted year’s service.
Entries in the Military History Sheet.
Service at home and abroad.
877. The whole of a soldier’s service from the date of attestation will be recorded in the military history sheet, as in the subjoined table:—
Military District. | From. | To. | Service. | |
Years. | Days. | |||
2nd........................... | 1.4.70 | 2.11.72 | 2 | 216 |
3rd........................ | 3.11.72 | 5.1.77 | 4 | 64 |
1st......................... | 6.1.77 | 8.2.80 | 3 | 34 |
3rd........................ | 9.2.80 | 31.3.82 | 2 | 51 |
Service abroad.
878. The service abroad (e.g., for instruction in England or India) is reckoned from the date of embarkation in this country to the date of disembarkation on return from India, or other station abroad, including the dates of embarkation and disembarkation.
Next of kin.
879. The name and address of next of kin are to be verified and corrected soon after the 1st of July in each year, and a report to that effect is to be inserted in the “Monthly State” for the 1st August following.
Regimental Numbers of Soldiers.
Number of soldiers.
880. A soldier when posted to a corps on enlistment, or enrolment, or when transferred thereto from another corps, will receive a regimental number in that corps. A separate series of numbers will be kept in each regiment. Soldiers on enlistment or enrolment will be numbered accordingly, and on transfer to another corps, or on posting to another unit,
forming part of the same corps, will, except in the case of the Royal Australian Field Artillery and the Royal Australian Garrison Artillery, receive fresh numbers in the regiment or corps to which they are transferred or posted.
By whom given.
881. The regimental number will be given by the officer in charge of the attestation; in the case of the Royal Australian Field Artillery by the officer commanding Royal Australian Field Artillery, and in the case of the Royal Australian Garrison Artillery by the Adjutant-General. When the officer commanding a unit requires a regimental number for a soldier, he should apply to such officer.
Regimental series.
882. The regimental series of numbers will commence with number one. Soldiers of the Permanent Forces who form with militia units part of the same corps will be numbered in a separate series. The numbers will be given in sequence, according to the date of application. The series will extend to 9,999 in the Field Artillery, Garrison Artillery, Corps of Engineers, Army Service Corps, Army Medical Corps, and Army Ordnance Corps, of militia in each military district, and in regiments of militia not named above.
To be always used in documents.
Not to be changed.
883. In all documents relating to a soldier, his regimental number will invariably precede his name. This number will not be changed as long as the soldier remains in the corps. If the soldier is transferred or discharged, deserts, or dies, the number will not be given to any other soldier. A soldier promoted to warrant rank will retain his regimental number.
Change of Name by a Soldier.
Procedure.
884. The name in which a soldier is attested or enrolled cannot be erased from his attestation or documents. If a soldier who has enlisted or enrolled under an assumed name wishes his true name to be added in his records, he must, at his own expense, make a statutory declaration before a magistrate as follows:—
I, A.B., do solemnly and sincerely declare that I was enlisted or enrolled on the , under the name of , which name I now declare to be incorrect. The name , contained in the accompanying certificate of birth, I now declare to be my true name, and I make this solemn declaration conscientiously believing the same to be true.
Signature of soldier
Declared before me at this
day of
Signature of J.P.
(2) The man should be warned that, if the declaration so made is untrue in any material particular, he is liable to be indicted for perjury.
(3) The true name will then be recorded above the assumed name, which latter will be retained as an alias wherever the true name appears on the documents, and the declaration will be attached to the man’s attestation or Record Book.
Disposal of Attestations of Non-Effectives.
Attestations non-effective.
885. The attestations of soldiers who become non-effective by death, desertion, or discharge, will be retained for ten years and then destroyed.
Regimental Conduct Sheets—Permanent Forces.
Regimental conduct sheet.
886. (1) A sheet, on the authorized form, for every non-commissioned officer and man will be kept with his other documents. These sheets will be signed in the right-hand top corner by the officer commanding the unit to which the non-commissioned officer or man belongs.
(2) The following entries will be made therein:—
(a) Every conviction by court martial, every case of desertion of fraudulent enlistment in which trial has been dispensed with by a competent military authority, and every conviction by a court of ordinary criminal jurisdiction, or by a court of summary jurisdiction. But when the offender has been convicted by either of the courts last-named and no punishment has been awarded, and also when the sentence of a court of summary jurisdiction is a fine, and the offender has not undergone imprisonment in default of payment, the Commanding Officer may, if he thinks that a regimental entry of the conviction should not be made, represent the case to the District Commandant, who may order that the regimental entry shall not be made. Convictions by the civil power for offences committed prior to enlistment are not to be entered.
(b) Every case of reduction of a non-commissioned officer to a lower grade or to the ranks by a special order for an offence—not for inefficiency
(c) Every award of detention by the Commanding Officer.
(d) Every offence entailing forfeiture of pay under the Act or Regulations, except (a) where the offence is absence without leave not exceeding two days; (b) when the forfeiture is in consequence of a civil conviction for which a fine has been awarded, and the District Commandant has ordered, under sub-head (i), that a regimental entry shall not be made; or (c) when the offence was committed before enlistment.
(e) Confinement to barracks, exceeding seven days.
(f) Any punishment awarded by (a) visitors to soldiers under sentence in a military prison or detention barrack or in a naval prison; (b) the visitor in a branch detention barrack when so ordered by the officer awarding the punishment; (c) and by the visiting committee in a civil prison.
(g) Every award of a fine of upwards of Five shillings.
Entries of drunkenness.
887. Crimes of drunkenness are to be entered in black ink, and are to bear the same number in the column set apart for that purpose, in red ink, as is prefixed to the corresponding entry in the squadron, battery, or company conduct sheet.
Mode of recording entries.
888. In order to insure uniformity and brevity in the entry of offences the following rules are to be observed:—
(a) In trials by courts martial the general nature of the charges, not the charges themselves, are to be entered. When there are two or more charges, each is to be numbered. The date of original sentence of court martial is to be inserted in the column “date of award.”
(b) In trials for disgraceful conduct, the generic heading is to be given in the “offence” column, with the specific charge added thus:—
“Disgraceful conduct—of a cruel kind,” or
“Disgraceful conduct—embezzling public money,”
or
“Disgraceful conduct—malingering,” as the case may be
(c) In trials for insubordination, the same course is to be pursued; thus, “Insubordination—disobedience of orders,” or “Insubordination—striking his superior officer,” as the case may be.
(d) Vague entries, such as “improper conduct,” are to be avoided. The “crime” will state briefly the nature of the offence; e.g., “neglect of duty,” &c.
(e) The following abbreviations, &c., are to be used:—
Confinement to barracks—C.B.
Imprisonment with hard labour—Impt. H.L.
Detention—Detn.
Penal servitude—P.S.
Forfeiture of pay—Forfeits..............day’s pay.
Deprived of lance stripe—Depd. Lce. Stripe.
(f) Detention, when awarded by a Commanding Officer, is to be entered in hours, up to four days inclusive. When the detention exceeds four days, the award will be in days.
(g) No date is to be entered in the “offence” column, unless two dates are necessarily included in the offence, in which case the column for “date” is to show the first, and that for “offence” the second.
(h) In like manner no place is to be mentioned in the “offence” column unless the statement of the offence involves two places; then the “place” column is to give the first, and the “offence” column the second.
(i) “Forfeiture of good-conduct pay” is to be noted under the head of “remarks.”
(k) The date of every summary award is to be entered in the column for date of award, &c.
(l) All offences of which men are convicted by court martial are to be entered, whether the sentences are wholly remitted or not; but the sentences as confirmed, together with any remission, mitigation, or commutation, are alone to be entered. A note will be made in the column of remarks of any remission, mitigation, or commutation, subsequent to confirmation, with the date of the order. When the record of a court martial is ordered to be removed by proper authority, no entry is to be made of the conviction, and, if already made, it is to be erased.
Disposal of conduct sheets on death, transfer, &c.
889. (1) On the death of a soldier, his conduct sheet may be destroyed.
(2) When a soldier is transferred, his conduct-sheet will be forwarded to the officer commanding the unit, or station, to which he is transferred.
(3) All entries in the conduct sheet are to be in the handwriting of an officer, and, where possible, such entries to be made by the officer who awarded the punishment.
Lost conduct sheet.
890. In the case of a conduct sheet being lost, a court of inquiry will at once be assembled by the Commanding Officer to investigate the circumstances in which the loss occurred, and, so far as possible, to obtain evidence as to the number and nature of the entries contained in the conduct sheet. The Commanding Officer will then cause a new sheet to be drawn up in accordance with the evidence obtained by the court of inquiry, and Will order it to be substituted for the lost sheet, an entry in red ink, “Substituted for original lost” being made in front of “Number of sheet.”
Deserters’ conduct sheets
891. The conduct sheets of men who desert are to be retained with the unit for two years from the date of desertion; they are then to be sent to the officer in charge of attestation.
Conduct sheets &c., of men discharged.
892. In all cases of men discharged, their conduct sheets, and certified copies of any convictions by the civil power, are, after the discharge has been confirmed, to be forwarded with the discharge documents.
Promotion to warrant officer.
893. On the promotion of a soldier to warrant rank, his regimental conduct sheet will only be brought into use for entries of conviction by court martial or in case of reversion from warrant rank.
Company Conduct Sheets—Permanent Forces.
Company conduct sheets.
894. (1) The conduct sheets for each non-commissioned officer of and under the rank of Sergeant, and for each man, will be kept in a guard book, and will be retained in the custody of the officer commanding the company, &c., under lock and key.
(2) The following rules for keeping up the conduct sheets will be observed:—
(a) The heading of each sheet will be filled up.
(b) The same rules will be observed as are laid down for regimental conduct sheets.
(c) The officer who makes an entry will initial it in the last column.
(d) The officer commanding the company will regularly and distinctly record therein every offence of whatever description committed by non-commissioned officers and men, for which punishment has been awarded or reprimand administered, except offences, other than drunkenness, for which confinement to barracks for one day or its equivalent punishment on board ship has been awarded. Admonition will not be entered except in cases of drunkenness, and in those involving forfeiture of pay under the Act and Regulations.
(e) Every act of drunkenness committed by a soldier since his enlistment is to be entered in black ink, and numbered consecutively, in red ink, in the column set apart for that purpose. Every case of admission
to hospital on account of alcoholism duly certified by a medical officer, whether it has been dealt with as an offence or not, is to be entered in red ink.
(f) All entries in the conduct sheets will be compared, usually once per month, by the Commanding Officer or an officer deputed by him with the awards recorded in the guard reports and crime sheets, and with the entries in the Regimental conduct sheets.
Disposal of conduct sheets on transfer, &c.
895. When soldiers are transferred or become non-effective, their conduct sheets are to be dealt with as directed for regimental conduct sheets.
Declarations of Courts of Inquiry into Illegal Absence.
Courts of inquiry on absentees.
896. A record, countersigned by the Commanding Officer, of the declaration of a court of inquiry held to record the illegal absence of a soldier, is to be kept with his attestation sheet, and that record, or a copy thereof, purporting to bear the signature of the officer having the custody of the regimental books, will be admissible in evidence of the facts therein stated on the trial of the soldier. The original proceedings are then to be destroyed.
Disposal of Obsolete Documents, &c.
District and station books and documents.
897. To avoid the accumulation of records in district or station offices, the District Commandant is to cause to be prepared once every five years a list of all official documents and books over three years old, arranged according to subjects and periods, distinguishing those which it is necessary to preserve from those which are recommended to be destroyed. This list is to be referred to a board of two staff officers and the head of the department to which the records belong, who are to report their opinion as to which documents may be destroyed without inconvenience to the service. After a consideration of the report, the District Commandant will issue orders regarding the disposal of the condemned records.
Regimental books, &c.
898. The following course is to be adopted, as occasion may require, in disposing of useless regimental books and records not specially authorized to be destroyed periodically. The officer commanding is to assemble a committee of officers to examine and ascertain that such parts as it is advisable to preserve have been correctly copied into other books. The committee will complete the authorized form and submit it to the Commanding Officer for transmission to the District Commandant, who will act as directed in Regulation 897.
PART XVI.—DUTIES IN REGARD TO BARRACKS.
DIVISION 1.—INSPECTION OF BARRACKS.
Responsibility for barracks.
899. Officers commanding units, under the direction of District Commandants, are responsible for the care and sanitation of barracks, barrack enclosures, drill halls, and ground of the Military Department placed in their charge.
Regimental Inspections.
Officer’s daily inspection.
900. An officer on duty is to visit the barrack-rooms every morning, to see that they are clean, that the instructions contained in Regulations 923, 924, 929, and 930 have been observed.
Periodical inspections.
901. During the first week of every month the officer commanding the troops occupying a barrack—or an officer (if possible not under the rank of captain), deputed by him—will make an inspection of the buildings, stores, and bedding in possession of the troops. He will note any repairs to be made, and stores to be replaced, and see that the number of the different articles of bedding agrees with the number shown in the regimental bedding book. All articles should be laid out in the barrack-rooms for inspection in the order in which they are detailed on the inventory boards. After these monthly inspections Commanding Officers will forward a requisition for all articles required to be replaced or exchanged.
Medical Inspections.
Fortnightly.
902. A medical officer is to inspect the whole of the barracks, including the married quarters, at least once every fourteen days, to see that they are in a proper sanitary condition. He will report to the Commanding Officer if they are not kept in a proper state of cleanliness.
Periodical sanitary inspections.
903. The principal medical officer will submit to the District Commandant the dates proposed for his periodical sanitary inspection of barracks, and the dates, when approved, will be published in District Orders. The inspection will be attended by—(1) An officer to represent the officer commanding the station; (2) a representative of the Royal Australian Engineers; (3) the medical officer; (4) the quartermaster.
Engineer Inspection.
Quarterly.
904. An officer of the Royal Australian Engineers, or a member of the Staff for Engineer Services, will inspect the barracks quarterly, if practicable, with reference to any repairs that may be required. The quartermaster of the unit concerned will attend the inspection (see Regulations for Engineer Services).
Barrack Inspections.
Yearly.
905. The officer in charge of barracks will make an annual inspection of stores in possession of troops in barracks at each station where a transfer of the expense store charge has not already taken place. The quartermaster of the unit concerned will attend the inspection.
Marching-in and Marching-out Inspections.
Marching-in and marching-out inspections.
908. To save time and labour, marching-in and marching-out inspections will, whenever possible, be combined.
Taking over barracks.
907. Commanding officers of units will, in conjunction with an officer of the Royal Australian Engineers and the officer in charge of barracks, cause all buildings, fixtures, and furniture, allotted for the use of troops, to be inspected (if possible before the arrival of the troops), in order to ascertain their condition. This inspection is to be carried out by an officer not below the rank of captain, or by the quartermaster, of the unit concerned. The troops then become responsible for the buildings, &c., handed over.
Detachment to take and give over.
908. A party of two officers, four non-commissioned officers, and twelve rank and file is sufficient to take over barracks for a regiment or corps, and these numbers are not to be exceeded, This party, unaccompanied by any families, should precede the unit, and a party of the same strength should be left behind to give over barracks.
Officer taking over barracks.
909. An officer taking over barracks on behalf of a unit will, in proof that the articles enumerated thereon are correct, initial and date each inventory, before leaving the room, or quarter; he will, at the same time, if relieving another unit, make out a list of any articles requiring exchange or replacement, so that he need not be prevented from initialing the inventories.
Certificate of possession after marching in.
910. As soon as possible, after marching in, the officer commanding the unit will sign a certificate in duplicate, on the authorized form, acknowledging that his unit is in possession of the rooms or quarters specified therein, together with the equipment shown in the inventory in each room, and in the bedding books.
Notice of movements to be given.
911. When troops are ordered to quit or hand over a barrack, the officer in command at the station will give the engineer officer and the officer in charge of barracks the earliest possible intimation of the hour and date at which the buildings will be vacated, in order that arrangements may be made for the marching-out inspection.
Marching-out inspections.
912. At the marching-out inspection of a barrack an experienced officer, a captain if possible, or the quartermaster, is to be detailed to accompany the engineer officer and the officer in charge of barracks in going over the whole of the barracks, and in assessing the damages. Before leaving each room or quarter, the officer will attest by his signature in the note-books of the engineer officer and officer in charge of barracks, the correctness of the damages or deficiencies noted therein, or object on the spot to any charge against which he wishes to appeal.
General Instructions.
Locked premises.
913. The keys of any locked buildings or places are to be in readiness, and produced, if necessary, by the persons in charge of them.
Attendance of officers.
914. Officers commanding squadrons, batteries, and companies will, when practicable, attend the inspection of their own barrack-rooms and stables. A medical officer will attend the inspection of the hospital. The veterinary officer will attend at the infirmary. These officers will attest by their signatures in the note-book of the officer making the inspection, the list of damages or losses to be assessed in their respective departments, or object on the spot to any charge against which they wish to appeal. The officer in charge of barracks will also initial the note-book of the regimental officer. When bedding and furniture, with regard to which questions of damages may arise, are returned to the barrack store, a regimental officer will attend.
Notice of appeals.
915. The receipt of periodical and marching-out inspection reports will be immediately acknowledged by Commanding Officers and paymasters by letter to the officer from whom they are received. Commanding Officers will then forthwith give written notice to the officer in charge of barracks, of the items against which they intend to appeal. In the event of the
charges being maintained by the authority assessing, and of the District Commandant being unable to decide the case (which may, if necessary, be investigated by a garrison board), the appeal, with all necessary explanations, will be forwarded to the Military Board. Pending the consideration of the appeal the amount assessed is to be charged against the troops.
Assessments to be published in orders.
916. The amount of damages or losses assessed against troops at any inspection of barracks will be charged as far as possible against individuals, and termed “personal charges.” All accounts not traceable to individuals will be specified as “general charges” and shared among the troops. The amounts assessed as “personal charges” and “general charges” against each company, &c., will be published in regimental orders.
Charges for cleaning.
917. As a rule, no charges will be made against the troops for washing rooms or passages unless neglect is apparent, or well-grounded complaints are made by the troops marching in of the building having been left in a dirty state. Such cases should be immediately reported by Commanding Officers to the District Commandant.
Cricket grounds, &c.
918. Cricket grounds and places of outdoor recreation form parts of the barrack establishment, and the expense of repairing injury done to them by the troops is chargeable as barrack damages.
N.C.O’s in charge of rooms.
919. Non-commissioned officers in charge of rooms are to take every opportunity of observing whether all articles of public property are complete in number and undamaged, and they are to bring to notice at once any losses or damages so that responsibility may be fixed upon the individual liable. Cases are rare in which it is proper to make a general charge for bedding lost or damaged.
DIVISION 2.—APPROPRIATION AND EQUIPMENT.
Record of appropriation.
920. The appropriation of each building, &c., will be lettered on the door in agreement with the particulars given in the authorized form. The appropriation of each room and the number of fuel units allowed will be recorded, and a completed copy given by the officer in charge of barracks to the officer commanding the troops. No alteration of the appropriation as therein recorded is to be made, except in the manner described in Regulation 953.
Schedules of barrack furniture.
921. The schedules of barrack furniture issued will show the articles of furniture (not fixtures) and utensils allowed for the troops. Commanding officers are to make themselves acquainted with the particulars of barrack equipment, and in making requisitions are to avoid exceeding the authorized quantities.
Inventories.
922. In order that there may be no misunderstanding as to the articles for which the troops are accountable, inventories of barrack furniture and utensils are to be made out and signed by the officer in charge of barracks, and of fixtures by the Royal Australian Engineers. These inventories are to be pasted on separate boards, and placed in each room or building to which they relate. They will not be altered by the troops, and are to be kept in good order.
Straw bedding.
923. When straw bedding is in use the palliasse is, during the day, to be rolled up, and the blankets (except one to sit upon) and sheets neatly folded and laid on the top, and the whole bound round the centre by a strap. When rolled up, the bedding is to be 2 inches from the head of the bedstead.
Coir bedding.
924. Where coir bedding is in use the bedstead and bedding will be arranged to form a seat during the day. The foot of the bedstead is to be doubled back or run in. An old blanket will be folded so as to cover the body of the bedstead. The sheets and two blankets (one in summer) will be folded over the bolster, which will be placed at the angle between the body and head of the bedstead. The sections of the mattress will be folded, two in one blanket, the third in another. Two will be laid diagonally on the sheets and blankets, so as to form a back rest, the third section being placed flat on the bedstead to serve as a seat.
Furniture. Window cleaning.
925. The equipment of rooms will not be altered or displaced by the troops, except temporarily, for airing and cleaning. To clean the windows of barrack-rooms, the sash-beads are not to be removed.
Private alteration or addition.
926. No alterations or additions are to be made to rooms or buildings by any officer or soldier; nor are temporary buildings, huts, or stands to be erected on any barrack property without authority from the Military Board. A similar authority is to be obtained, when it is desired to put up a stage, and such an erection is not to be taken into use until it has been passed, especially with reference to precautions against risk of fire, by the Staff Officer for Engineer Services of the District. Any person who makes an unauthorized alteration in the gas or water fittings or interior arrangement of any building allotted for the use of troops, will be liable to pay for any excess of gas or water consumed and for all the expense of replacing the fittings as they originally stood.
Protection of unoccupied buildings.
927. Unoccupied buildings within a barrack enclosure, as well as buildings in the actual possession of the troops, are, as regards their security, under the charge of the Commanding Officer, who will furnish such protection for them as he may consider necessary.
Temporary use of available accommodation.
928. The District Commandant may sanction the temporary use of vacant accommodation for army purposes:—(1) When no expense to the public is involved; and (2) when the purpose is one usually provided for an the public cost, and the expense involved is within the limits prescribed in Financial and Allowance Regulations, but no alteration of quarters, or conversions of quarters to other purposes, is to be made without the approval of the Military Board. Care is to be exercised that quarters are always allotted for occupation.
DIVISION 3.—SANITATION.
Bedsteads and beds.
929. If the size of a room will admit of it, the bedsteads are not to be placed less than 6 inches from any part of the wall The bedding is to be left exposed to the air for an hour every morning. In fine weather the beds and bedding are to be removed from the barrack-rooms as often as practicable, to be aired.
Ventilation.
930. As soon as the men have risen, the windows of every barrack room are to be opened sufficiently to allow of free ventilation, and are to be kept open during the day as far as the weather and season admit.
Washing floors and forms.
931. The floors in barracks should be washed only once a week, and then early in the morning, so that they may have the whole day to dry. To avoid unnecessary soaking of the floor and damage to the floor and to the ceiling of the room below, as little water as possible is to be used. Water should not be swilled over the floor. The washing may be altogether omitted on damp days. On intermediate days the floors are to be dry-scrubbed.
Washing of clothes.
932. Washing and ironing clothes, or any work which tends to prevent cleanliness, is not to be allowed in the sleeping rooms.
Expectoration.
933. All ranks are distinctly forbidden to expectorate on barrack room floors, passages, stairs, recreation rooms, and canteens.
Cleaning tanks and cisterns.
934. The Officer commanding the troops using tanks will see that they are periodically cleaned out, and cisterns, where accessible.
Fatigue duties of troops.
935. The cleaning of surface drains and catch-pits and the flushing of latrines, where skilled labour is not required, will be performed by fatigue parties detailed by the troops.
Sanitary arrangements.
936. Attention should be paid at all times, and especially during the prevalence of epidemic disease, to the state of the latrines and urinals, and to the disinfecting of ash-bins. Commanding Officers will issue special orders that no improper articles are thrown into them or into the drains.
Responsibility of quartermaster.
937. As soon as troops enter into occupation of a barrack the quartermaster will make himself acquainted with the arrangements for water supply, and with the positions of all flushing tanks, manholes, gullies, traps, &c., connected with the drainage system, and he will be responsible to the Commanding Officer that the duties in regard to them laid down are performed with regularity by the troops. (See Regulation 965.) A Sanitary Manual—“Instructions in the Care of Barracks”—will be issued to quartermasters, pioneers, and others to assist them in the more technical part of their duties.
Animals prohibited.
938. Cows, pigs, goats, poultry, &c., are not to be kept, nor are horses and dogs to be allowed to run loose, within the boundaries of barracks or hospitals. Immediate attention is to be paid by Commanding Officers to any report made by the officer in charge of barracks of an infringement of this order.
Yards and parades to be kept clean.
939. When barracks are occupied, the yards and parades are to be kept in order by the troops. Commanding Officers are to furnish fatigue parties for these duties the same rule applies to unoccupied buildings referred to in Regulation 927.
DIVISION 4.—PRECAUTIONS AGAINST FIRE.
Sweeping chimneys.
940. When chimneys are to be swept, a warrant officer or non-commissioned officer is to be present, and he will personally see that each chimney is thoroughly swept. When the sweeping is done by contract, the quartermaster will ascertain that the whole service contracted for has been satisfactorily executed before he furnishes a certificate.
Precautions against fire.
941. (1) Commanding Officers will use all possible means to prevent accidents by fire. Lights are permitted in sergeants messes up to 11 o’clock p.m.
(2) In the barracks of a mounted unit, before the “dismiss” is sounded, the orderly officer is to see that all the stable buckets are filled with water and left in the most accessible spot.
Fire-picquet.
942. Immediately after troops enter upon the occupation of any barracks, the Commanding Officer is to appoint a non-commissioned officer and a party of men as a “Fire-Picquet.” These men are to make themselves acquainted with all fire appliances and their use. The non-commissioned officer is to superintend, with the assistance of the fire-picquet, the use of the appliances, and the fatigue-parties granted for this purpose are to be under his orders.
Care of fire appliances, &c.
943. Commanding Officers will see that the fire appliances are kept ready for use. The whole of the hose is to be attached to the engine or stand-pipes and tested, and the hydrant boxes are to be examined and cleared of all stones or dirt; should any repair to either engine or hose be necessary, notice will be at once sent to the officer in charge of barracks.
Keys for water supply.
944. In addition to those forming part of the equipment of fire engine houses, fire engines, hose reels, and wall boxes, three keys, each of which fits every hydrant and stopcock on the water mains, are to be provided for each barrack, and will be distributed as follows:—One each in charge of the Quartermaster-General’s Department and the Staff Officer for Engineers, and one in the regimental guard room. Notice boards should be put up in all barracks showing where these keys and the key of the engine house will always be found.
Alarm of fire.
945. In the event of any unusual appearance of fire or light in barracks or other buildings, an immediate, alarm is to be given. The fire-picquet is forthwith to assemble, and any men belonging to it who may be on guard or duty are, if possible, to be relieved in order to join it.
Practice with fire-engines.
946. District Commandants will frame local regulations defining the duties and distribution of the troops in the event of fire breaking out either within the barracks or in their neighbourhood. The troops will be frequently practised by day, and occasionally by night, in turning out without notice, and concentrating upon any given spot with the fire-engines and apparatus. In wooden hut encampments care should be taken that the fire screens and fire appliances are distributed at convenient spots, and that they are always accessible.
Gas-escape.
947. If an escape of gas occurs in barracks the lights are to be turned off immediately, and the upper sashes of the windows opened. Particular care is to be taken that no light of any kind is brought into the vicinity. The officer in charge of barracks, or his representative, is to be at once informed, and an immediate requisition is to be forwarded to the Staff Officer for Engineer Services of the District, for the examination and repair of the gas pipes, unless the escape was due to gas taps not being turned off. Non-commissioned officers in charge of rooms are responsible that at “lights out” the gas taps are properly turned off, both in the rooms and passages, and also that the burners are not tampered with. Commanding Officers will see
that these precautions are attended to, and will send to the District Commandant a monthly certificate showing that these regulations have been carried out.
Board to assemble after fire or accident.
948. (1) Whenever a fire or other occurrence involving the destruction of public property takes place in any barrack building, a Garrison Board of Officers (to include an officer of the Royal Australian Engineers and the officer in charge of barracks, if available at the station), is to be immediately assembled to investigate the cause of it.
(2) The Board will record an opinion as to how the fire or other incident originated, and as to whether it was purely accidental, or, if not, upon whom liability rests. The report will be accompanied by a list of any public stores damaged or destroyed, a statement of the loss involved, and a separate estimate from the Staff Officer for Engineer Services of the District of the cost of structural repairs. The report will be sent to the District Commandant, who will deal with such case in accordance with the regulations.
Fire insurance in barracks.
949. No fire insurance of private property in barracks is to be effected by a soldier without the knowledge of his Commanding Officer.
DIVISION 5.—RE-APPROPRIATIONS, SITES FOR BUILDINGS, AND NEW BUILDINGS.
Board.
950. The Board to be assembled to report on re-appropriations, on sites for buildings, or on new buildings, will consist of—(a) a field officer as president; (b) a regimental officer; (c) one or more departmental officers, according to the matter to be considered; (d) a representative of the Engineer Department; (e) the officer in charge of barracks, if any; the officer at (b) will not be required if a regimental field officer is president.
951. The proceedings of the Board will be referred for the remarks of the head of department concerned in the district.
Board unnecessary.
952. In minor cases not affecting quarters, it will be unnecessary to assemble a Board, but the opinion of the officer commanding the corps and of other officers concerned will be obtained.
Proposed re-appropriations.
953. It will be the duty of Officers Commanding and heads of departments, to bring to notice any re-appropriation which, in their opinion, would lead to economy and be of advantage to the service. Any proposal for the re-appropriation of buildings in use by troops will be transmitted to the Officer in charge of barracks for submission to the District Commandant. Should the latter consider the suggested re-appropriation desirable, he will deal with it either under Regulations 950 or 952.
Estimate, &c., by S.O.E.S.
954. The proceedings of the Board, or in a minor case the opinions obtained, will be transmitted to the Staff Officer for Engineer Services of the District for his observations, for an estimate or an approximate estimate of the expense, and for such information in relation to engineer services as may be required. They will then be forwarded to be District Commandant.
Proposals periodical.
955. Except in cases of special urgency which could not have been foreseen, proposals for re-appropriations for which funds cannot be provided locally, and which cannot be carried out until funds are available, will only be put forward with the annual estimates.
Sites for buildings.
956. Subject to the Regulations respecting Public Works of the Commonwealth, whenever it is proposed to construct buildings either for the use of troops, or upon land appropriated for their use, the Staff Officer for Engineer Services of the District will forward a plan of the site he suggests with a memorandum of the reasons which led to its selection, to the District Commandant, who will refer both to a Board, or deal with minor cases not affecting quarters under Regulation 952. When the Staff Officer for Engineer Services of the District is not a member of the Board, the proceedings will be forwarded for his observations. The selection of the site will be submitted to the Military Board for approval, except in the case of sites for temporary and removable buildings (not being in or near works of defence, or army ordnance, or submarine mining establishments), which will be approved by the District Commandant, plans of the sites approved being afterwards sent to the Military Board.
New buildings completion of.
957. When the completion of new or reconstructed barrack buildings is reported by the Staff Officer for Engineer Services of the District, the District Commandant will either assemble a Board under Regulation 950, or call for an opinion under Regulation 952. Any recommendations for additions or alterations to the buildings will be referred to the Staff Officer for Engineer Services of the District for h:s report and an estimate. When satisfied that all is correct, the District Commandant will give authority for handing over the buildings, reporting his action to the Military Board.
Details of new accommodation.
958. Proceedings of Boards or reports on new or reconstructed buildings will be accompanied by a statement of the particulars of the accommodation reported upon. This statement will be prepared by the Staff Officer for Engineer Services of the District, the recapitulation at the end being added by the officer in charge of barracks. It will be noted by the officer in charge of barracks before being forwarded to the Military Board.
Report, when unnecessary.
959. No report” will be made to the Military Board of the completion (a) of approved re-appropriations or (b) of alterations of a minor character not affecting the accommodation return.
DIVISION 6.—ALLOTMENT OF QUARTERS.
General Instructions.
Applications.
960. Applications for quarters will be sent to the officer in charge of barracks, who will assign them, under the special instructions of the District Commandant.
Soldiers on the Married Roll.
Retention during absence.
961. Quarters may be retained—
(a) By a non-commissioned officer or man on furlough.
(b) By a non-commissioned officer while on special furlough, with full pay.
(c) For necessary occupation by his family during the time a non-commissioned officer or man is in hospital, on furlough, or temporarily detached on duty without his family.
(d) During the absence of a soldier on active service or ordered away without his family, in which case the family may, if they have no home to go to, occupy quarters in barracks until the quarters are required, or until the family can make other arrangements for their residence during the absence of the husband.
Soldiers not on the Married Roll.
Unmarried sergeant.
Quarters.
962. A sergeant will be assigned a separate room in the portion of the barracks occupied by the single men, when this accommodation can be given; otherwise he will be in the barrack-room with the men.
Retention during absence.
963. Quarters may be retained during the absence of a non-commissioned officer or man, on duty or furlough, for a period not exceeding 24 days.
Barrack rooms.
964. The beds of soldiers who may be in hospital, in cells, or on short furlough, will not be available for the accommodation of other soldiers.
DIVISION 7.—MISCELLANEOUS BARRACK AND CAMP DUTIES.
Gas, electric current, and water.
965. The Commanding Officer will exercise a careful supervision over the consumption of gas, electric current, and water. Any works or repairs required will be dealt with in the ordinary manner. The rate of consumption of water, when paid for by meter, will be kept as low as possible. Twenty gallons a day for each officer, man, woman, and horse, and ten gallons a day for each child, is a liberal supply for all purposes, but this is a maximum rate, and the quantity used will be kept as much below this as possible. Any higher rate of consumption will be closely inquired into by the Staff Officer for Engineers as regards probable defects in fittings and by the Department of the Quartermaster-General and the Commanding Officer as regards wastage or excessive consumption.
Water Supply at Camps—Responsibility for.
966. The provision and maintenance of an adequate water supply at camps or bivouacs is dealt with by the Staff Officer for Engineers. The Engineers will, as far as possible, prevent excessive consumption and wastage of water, and will report any such occurrence to the officer in charge of the camp or bivouac, who will then take such disciplinary action as is necessary.
Strangers barracks.
967. Commanding Officers will restrict the admission of strangers into barracks, and will exclude all persons not of respectable character.
DIVISION 8.—MESSES.
Regimental standing orders.
968. (1) Rules for the conduct of officers’ and sergeants’ messes will be promulgated in Regimental Standing Orders. Entertainments of an expensive character are prohibited.
(2) The Regimental Standing Orders above mentioned will be submitted for approval, in the case of the Permanent Forces, to the Military Board, and in other cases to District Commandants.
Officers’ Messes.
Regulation of messes.
969. The establishment of a regimental mess upon a well-regulated system is an object of the utmost importance, and requires the unremitting attention and superintendence of the Commanding Officer, who is responsible that all the accounts are properly kept and checked, and that each member pays his mess bill regularly.
Messes in camp.
970. Whenever a corps in camp for annual training has formed an officers’ mess, all officers present must join in it; no exception can be allowed without the sanction of the officer commanding the camp.
Messing rate.
971. Commanding Officers are held responsible that the daily expense of messing is kept within the means of the junior officers.
Discipline in messes.
972. It must be borne in mind that the “mess” is a parade, and responsibility for the maintenance of good order and discipline at mess will attach to the senior combatant officer present, who will also take military precedence on such occasions.
Entertainments.
973. Balls and other expensive entertainments can only be given on the responsibility of officers commanding units, who must in every case obtain the sanction of the officers concerned. Commanding Officers are to give their special countenance and protection to any officers who decline to share in the proposed expense.
Sergeants’ Messes.
Sergeants’ messes.
974. The rules laid down for officers’ messes shall be applied as far as may be, to sergeants’ messes.
DIVISION 9.—GARRISON AND REGIMENTAL INSTITUTES. CANTEENS, ETC.
General.
Intoxicating liquors.
975. No intoxicating or spirituous liquors shall be sold or supplied and no person shall have such intoxicating or spirituous liquors in his possession at any naval or military canteen, camp, fort, or post during such time as training of persons as prescribed in paragraphs (a), (b), and (e) of section 125 of the Act is proceeding in such naval or military camp, fort, or post, except as prescribed for purely medical purposes.
Permanent Forces.
Ales and wines only allowed.
976. At all canteens and institutes established under these Regulations, the supply of all alcoholic liquors, except ales and wines, is strictly prohibited. Such ales and wines are to be consumed on the premises, and not to be taken outside the barracks, encampment, or rifle range (as the case may be).
Canteens only for Defence Force.
977. District Commandants shall, is occasion may require, have power to authorize a canteen to be opened at any military barracks, encampment, or rifle range, during such hours as they may think fit, for the supply of refreshments to all bonâ fide members of the Defence Force only, and may appoint any one member, or more members, of the Defence Force, whether
non-commissioned officers or not, to dispense and supply all refreshments required by the members of such forces, but so that such member or members shall be responsible for the opening and closing of the canteen at the hours appointed by the District Commandant.
Management.
978. All such canteens shall be conducted on the regimental system, that is, they shall not be farmed out to contractors, but shall be conducted as regimental or garrison institutes.
Liquors property of corps.
979. The liquor supplied in such canteens must also be the property of the corps for whose benefit the canteens have been established.
Trainees.
980. Persons liable for training under Part XII. of the Act shall not, under any circumstances, be allowed to enter or be served with any intoxicating liquor at any canteen where intoxicating liquor is sold.
Object of establishment.
981. A regimental institute will be established, as far as possible, in every unit of the Permanent Forces, to supply the troops with good articles at the lowest prices consistent with good quality, without limiting their right to resort to any other shops or markets, and to provide means for their recreation and amusement.
Garrison institutes.
982. At Stations where local circumstances render it expedient, the District Commandant may establish garrison institutes, either in lieu of or in addition to the regimental institutes, or of any part thereof, as may seem most desirable. Garrison institutes will be administered under the orders of the District Commandant.
Responsibility of District Commandants.
983. The District Commandants will exercise supervision and control over all institutes, and will be responsible that the regulations and rules are properly observed. They will decide all matters connected therewith which may require the sanction of authority superior to that of the Commanding Officer of the unit.
Committee of Management.
984. A Committee of Management shall be appointed by the Commanding Officer, consisting of a president (who shall be the Commanding Officer) and not more than two other officers, together with two other members of the unit nominated by their comrades and approved by their Commanding Officer.
Duties of committee.
985. The committee is to superintend the management and accounts of the institute, to visit the premises frequently and inspect the quality of all articles sold, and generally to enforce the regulations and rules. The immediate supervision of the several branches of the institute should be divided among the members, but this will in no way lessen the responsibilities of the president or of the committee as a body.
Proceedings on change of committee.
986. On the appointment of a new committee or a new president, a regimental board, consisting of a field officer, if possible, as president and of which the outgoing and incoming committee presidents will form part, will assemble to examine the financial condition and the accounts of the institute. They will record, with reference to each branch:—(1) The actual cash balance at the date of transfer, and in whose hands it is lodged; (2) the liabilities on all accounts, including merchants’ and tradesmen’s bills, and unpresented cheques; (3) all assets ascertained and assessed to their satisfaction.
Proceedings retained by C.O.
987. The proceedings will be retained by the Commanding Officer for subsequent reference in determining the responsibilities of the respective committees.
Credit.
988. The giving of credit, under any circumstances, for alcoholic liquors supplied to any one dealing at the canteen or institute, is strictly forbidden. All sales of alcoholic liquors will be for “spot cash” only. Credit to the money value of one fortnight’s pay may be allowed members of the Permanent Forces only, for groceries and “dry goods” generally; but all accounts in this connexion must be settled on or before the first pay day following the grant of such credit. No distinction shall be made in the rates charged to officers and soldiers.
Forms, statements, &c.
989. The forms, statements; and books necessary for conducting the transactions of the canteen or institute must be in accordance with the instructions which will be issued from time to time in Military Orders.
Balance-sheet.
990. The balance-sheet shall be prepared half-yearly, and shall be certified as correct by a practising commercial auditor (approved by the Commandant), the cost of whose services shall be a charge to canteen funds.
Nature and uses of canteen.
991. Except in canteens of the mounted branches, for fifteen minutes before midday stables or before stables after field days, no intoxicating or malt liquors of any description are to be sold before 12 noon, or after tattoo, or during the hours of divine service on Sundays. In no canteen will any liquors be sold at any time to any person appearing to be in the smallest degree under the influence of drink. The canteen will be closed at tattoo.
Grocery shop.
992. The grocery shop is not to be connected in any way with the canteen (except as to its management), and, whenever practicable, it will be in an entirely separate building. The sale of intoxicating liquors or poisons is prohibited. Harmless drugs and simple medicines approved by the visiting medical officer may be sold. With regard to other articles the discretion of the Commanding Officer is not restricted. The grocery shop will be open during such hours as the Commanding Officer may determine, and closed half-an-hour after tattoo.
Persons who may deal at the institute.
993. Officers and soldiers with their families and servants are the only persons permitted to purchase articles at any of the branches of the institute. Where such exist in their own unit, they are prohibited, save with their Commanding Officer’s permission, from making purchases in those of other units, except of articles consumed on the premises.
Dealing on behalf of others prohibited.
994. All persons entitled to deal at these institutes are prohibited from purchasing, or being concerned in the purchase of, articles for the benefit of or on behalf of persons not so entitled. Any wilful breach of this regulation, if committed by a soldier, will render him liable to punishment, or to be prohibited from using the institute, and if committed by any other person will render the person or family implicated liable to a like prohibition.
Women dealing at canteen and grocery shop.
995. Women entitled, under Regulation 993, to deal at the institute may enter the canteen and grocery shop for the sole purpose of making purchases, but are not to be permitted to remain there, or to consume any articles on the premises. No civilians are to be allowed to purchase articles in any of the establishments, at any time, or during the hours prohibited by the existing Licensing Acts to enter the canteen.
C.O. may order exclusion.
996. The Commanding Officer may, at his discretion, exclude any individual at any time.
Militia Forces.
Temporary canteens in camp.
997. Officers appointed to the command of a camp of continuous training may be authorized to call for and approve of any tenders received for the sale of groceries, booths for non-alcoholic liquors, barbers’ shops, &c., forwarding a list of those approved to the Assistant Quartermaster-General or Deputy Assistant Quartermaster-General for the information of the District Commandant and District Paymaster, accompanied by a balance-sheet showing the amounts received and how they have been disposed of.
Division of proceeds
998. The moneys so received will be disposed of as follows:—
(a) To be divided proportionately between each regiment or corps or portion of the same in camp, and such proportion to be forwarded to the respective Commanding Officers.
(b) The money so received to be paid into corps’ funds, to be used at the discretion of the Commanding Officer in providing games, gymnastic gear, &c., for regimental recreation rooms, or for necessary expenditure for the benefit of the troops in camp.
999. Officers who are members of a Committee of Management of any canteen or regimental institute, or who are trustees or ex-officio trustees of any fund which exists or is raised for the benefit of the members of a unit, shall be personally responsible for the moneys of any such canteen, institute, or fund, and may be called upon by the Military Board to make good any deficiencies therein if the Military Board is satisfied that such deficiencies were caused directly or indirectly by any default, neglect or want of proper supervision on the part of such officers.
Canteens.
1000. In cases where arrangements do not exist in regiments or corps for a Brigade or Regimental Canteen—
(a) An officer appointed to the command of a Camp of Continuous Training may be authorized to call for and approve of any tenders received for the sale of groceries, booths for non-alcoholic liquors, barber’s shops, &c.
(b) He shall forward a list of accepted tenders, accompanied by a balance-sheet, showing the amounts received, and the manner in which they have been disposed of, to the Assistant Quartermaster-General or Deputy Assistant Quartermaster-General of the District, for the information of the Commandant and the District Paymaster.
(c) On the conclusion of a camp, steps shall be immediately taken to settle all accounts in connexion therewith, and the net proceeds distributed without delay.
(d) The moneys so received shall be divided proportionately between each regiment or corps or portion of same in camp, and forwarded to the respective Commanding Officers, who shall give receipts for amounts received, and same shall be attached to documents forwarded to the Assistant Quartermaster-General or Deputy Assistant Quartermaster-General.
(e) Sums so received by Commanding Officers shall be paid into the Public Moneys Account of the regiment or corps, to be used at the discretion of the Commanding Officer, in providing games, gymnastic gear, &c., &c., for regimental recreation rooms, or for the necessary expenditure for the benefit of the troops in camp. In addition to the entries made in the Cash Book, a separate record shall be kept, showing all transactions of receipt and expenditure under this Regulation.
Payments not allowed.
1001. No Warrant Officer, Non-Commissioned Officer, or man of the Military Forces appointed to serve in a canteen as authorized by Regulations, shall receive pay therefor in addition to the pay appertaining to his position in the Military Forces. The approval of the Commandant must be obtained before any payment is made to a member of the Military Forces for services rendered in connexion with a canteen.
PART XVII.—MOVEMENT OF TROOPS, TRANSPORT OF BAGGAGE.
DIVISION 1.—MOVEMENTS OF TROOPS
Powers and duties of District Commandants.
1002. District Commandants will supervise, within their command, the movements of the permanent and militia forces, and members of rifle clubs and cadets, &c., serving under their command. They are authorized, in order to obviate cash payments which have to be made, to cause warrants or requisitions to be issued by deputy, or otherwise, for all necessary movements, and also to arrange for payment of tram, coach, or ferry fares, when these public conveyances are used on the public service. They are also empowered to issue warrants or requisitions for conveyance between their own and other districts, provided that the sums allotted for that purpose in the annual estimates are not exceeded, for:—
(a) Attendance at parades, drills, annual course of musketry and camps.
(b) Courts of inquiry, courts-martial, boards, classes and schools of instruction, and any other authorized military duty.
(c) Rifle shooting.
(d) Officers and men of the permanent forces returning to the place of enrolment upon retirement, and also upon discharge (except by purchase or for misconduct), or other place within Australia, if the cost involved is less.
(e) For such miscellaneous movements in the ordinary course of the service as are clearly necessary, and contemplated by regulations, orders, or instructions.
Movements of troops and stores.
1003. (1) Movements of troops will, when the distance is too great for a single march, and it is not desirable to carry out the movement by a series of marches, be effected by the cheapest route. Sea or coach conveyance between one part of a Military District and another, or between Military Districts, where rail connexion by State Government railways obtain, will not be adopted.
(2) When it is necessary to send consignments of stores, ammunition, &c., by sea route, care must be taken that the cheapest mode of conveyance is used.
(3) Under ordinary circumstances stores will be conveyed by goods train, and conveyance by passenger train is only to be restorted to in exceptional cases, or when that mode of conveyance is cheaper than goods train, or by parcels post for small parcels, and small consignments of safety cartridges for which there is no minimum charge by passenger train.
(4) Officers despatching stores will make themselves acquainted with the “classification tables of goods” under the railway regulations of each State, and so classify the stores sent, in order that the public may receive the advantage of the cheapest rates.
(5) Horses and stores are to be unloaded without delay. No claim for demurrage will be allowed against the public.
Horse trucks.
1004. (1) When mounted units or detachments of mounted units are moved by railway, horses will be conveyed in trucks.
(2) The horses are to be secured to the side of the trucks by head ropes, either to rings provided for the purpose, or to the bars of the trucks.
(3) As soon as the last horse is in, the door will be at once shut, and the fastenings of the truck afterwards examined by a railway official (when possible).
(4) Before the train starts each truck will be inspected by the senior officer, warrant officer, non-commissioned officer, or soldier present, to insure that all horses are properly secured.
Horse boxes.
1005. When small numbers of horses, remounts, transfers, &c., not sufficient for special trains, require to be moved, and the distance is too great to be traversed in a single march, discretionary power is left to District Commandants to arrange for their being sent by horse box if the length of the journey, the absence of through connexions, &c., render it undesirable to move them in trucks. Sick horses are in all cases to be sent in horse boxes.
Class of travelling accommodation for various officers.
1006. (1) By rail, officers, warrant officers, and captains, treasurers, and secretaries of Rifle Clubs will be allowed to travel first class, all others, second class. Civil employees, with a salary of £210 per annum and upwards, will be allowed to travel first class; all others, second class.
(2) District Commandants may, however, authorize non-commissioned officers of the Permanent Forces when on duty to travel first class, by rail, for distances exceeding 50 miles, on the narrow-gauge lines of Queensland, South Australia, and Western Australia.
(3) By sea, officers and civil employees with a salary of £210 per annum and upwards, first class, and, where good second class accommodation on Inter-State or coastal steamers is not available, warrant officers and non-commissioned officers, first class; all others, third class.
(4) Officers and soldiers on duty will not travel by mail steamers without authority from Head-Quarters.
Relief of garrison, Thursday Island and Townsville.
1007. The members of the Garrison at Thursday Island and Townsville (Permanent Forces) will, as far as is possible within the exigencies of the service, be relieved every two years. In special cases, approval may be given by the Minister for the reduction of the period of tropical service for Officers and Non-commissioned Officers on the married strength, to a term of one year.
When warrants are not to be issued.
1008. Warrants or requisitions will not be issued in the following cases:—
(a) To officers resigning their commissions.
(b) To soldiers discharged:—
(i) At their own request.
(ii) By purchase.
(iii) As a consequence of misconduct.
(iv) Upon release from confinement in a prison.
(v) At the request of parents or guardians as a consequence of having made a false statement as to age upon enlistment.
(c) To officers or soldiers travelling on ordinary leave of absence.
(d) To attend tournaments or sports unless specially approved by the District Commandant.
(e) To Inter-State competitors at rifle association meetings, or rifle matches, unless specially approved by the Military Board.
(f) To officers and soldiers moved at their own request.
(g) To members of the Australian Military Forces (except the officer in command, band, pall-bearers, and firing party) attending military funerals.
Custody of warrant books.
1009. Railway and steamer warrant books are to be kept under lock and key in the custody of the officer responsible for the issue of warrants.
DIVISION 2.—TRANSPORT OF BAGGAGE AND STORES.—CAMPS AND MANŒUVRES.
Conveyance of luggage and stores.
1010. (1) Railway warrants for the conveyance of luggage and stores to camps and manœuvres will be permitted for those stores only which are issued by the Department for use at such camps and manœuvres.
(2) Private stores of messes and canteens will not be conveyed at the expense of the Department.
(3) Personal baggage of those authorized to live in such camps or attend such manœuvres may be conveyed at the expense of the Department, as follows:—
| Not exceeding. |
Officers of District and Brigade Staffs and Commanding Officers......... | 100 lbs. |
Other Officers........................................... | 70 „ |
Warrant Officers......................................... | 50 „ |
Other Ranks............................................ | 20 „ |
Carriage of baggage at manœuvres.
1011. At manœuvres, when personal baggage has to be carried by Military or hired transport, the scale will be as authorized by the Officer in Command, but not greater than laid down in the Field Service Manuals.
PART XVIII.—DEPARTMENTAL AND VETERINARY CORPS.
DIVISION 1.—ENGINEER AND RAILWAY STAFF CORPS.
Appointments.
1012. Commissions in the Engineer and Railway Staff Corps may be granted to officials of the Commonwealth and State Government Railways on the recommendation of the Government concerned, and officers holding such commissions shall not be subject to the limitations in respect to age or medical examination provided for the Defence Force, generally, or to retirement on account of age, but shall be retired on ceasing to hold appointments as officials of such railways.
Honorary Commissions.
1013. Commissions in the Engineer and Railway Staff Corps shall ordinarily be honorary; but any officer, who may desire may receive substantive rank on passing the ordinary military examination prescribed for his rank for any arm of the service.
Ranks.
1014. The rank of officers who are Commissioners or General Managers shall be Colonel, the Chief Commissioner or General Manager in each State to be graded as senior to Deputy or Assistant Commissioners or General Managers. Other officers shall have the rank of Lieutenant-Colonel or Major, as recommended by the Senior Officer of the Corps in the Commonwealth or State.
Uniform.
1015. The wearing of uniform by officers of the Engineer and Railway Staff Corps is optional. Uniform will be provided by the Department similar to that authorized for the Staff, with a distinctive badge.
Establishment.
1016. The establishment of the Engineer and Railway Staff Corps, and its subdivision into branches, shall be—
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COLONELS. |
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Commissioners and General Managers | 3 | 3 | 3 | 2 | 1 | 1 | 1 | 14 |
Lieutenant-Colonels or Majors. |
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Railway Staff for— |
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(1) Maintenance of existing lines....... | 2 | 2 | 2 | 3 | 1 | 2 | 1 | 13 |
(2) Traffic or transportation........... | 2 | 2 | 2 | 3 | 1 | 2 | 1 | 13 |
(3) Locomotive Branch.............. | 2 | 2 | 2 | 1 | 1 | 2 | 1 | 11 |
(4) Electrical or other branch.......... | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 7 |
Totals................ | 10 | 10 | 10 | 10 | 5 | 8 | 5 | 58 |
Allowances.
1017. Travelling allowances, as prescribed in Financial and Allowance Regulations, will be payable to officers when on military duty, and for Commissioners or General Managers shall be as for Commandants.
DIVISION 2.—AUSTRALIAN SURVEY CORPS.
Supervision of Survey Corps’ Work.
1018. (1) The general supervision and direction of the Survey Corps will be under the Chief of the General Staff at Head-Quarters, who lays down its work. No member of the Corps, or person employed in connexion with the Corps, will be employed in any duty not authorized by the Chief of the General Staff.
(2) Subject to sub-regulation (1) of this Regulation, District Commandants will have the same duties and responsibilities in regard to the Survey Corps as in regard to any other unit of the Permanent Forces within their command.
Stores and equipment.
1019. All stores on issue to any section of the Survey Corps will be accounted for in the books of the Ordnance Department of the Military District in which the section is located. Stores must be inspected and Equipment ledgers checked and certified to, regularly, as for other units.
DIVISION 3.—A.A.V.C., HORSES, FORAGE, ETC.
Appointment of Principal Veterinary Officer and Duties.
Appointment and duties of Veterinary Officers.
1020. (1) A Principal Veterinary Officer may be appointed, in each district, and will be responsible to the District Commandant for—
(a) The administration, instruction, and efficiency of the Australian Army Veterinary Corps of the district.
(b) Veterinary instruction of the personnel of Regiments performing Veterinary duties.
(c) Preparation of estimates, maintenance, and supply of Veterinary stores.
(d) Veterinary charge of all horses on permanent military establishments within his district, and examination of all horses submitted for purchase for permanent establishments.
(e) He will be the adviser of the District Commandant on all points connected with his Department. He will attend the District Commandant at his inspection of horses unless impracticable. He is to have free access, at all times, to all military stables and horses, infirmary stables, sick horse depôts, or sick horse lines, but he will acquaint the Commanding Officer of his intended visit.
(f) He will personally inspect all the horses and stables quarterly, and furnish a report to District Head-Quarters.
(g) Questions of Veterinary Hygiene.
(2) In districts where no provision has been made for a Principal Veterinary Officer, the duties of that position will be carried out by the Senior Veterinary Officer of the district, or such other Veterinary Officer as may be appointed by the District Commandant.
(3) The Staff Officer for Veterinary Services, where appointed, will be responsible, under the Principal Veterinary Officer, for the duties mentioned in paragraphs (5), (c), (d), and (g) of sub-regulation (1) of this Regulation.
(4) Other Officers of the Australian Army Veterinary Corps will be responsible for—
(a) Veterinary duties of the units to which they are attached.
(b) The Veterinary stores issued to the unit to which they are attached.
(c) Veterinary instruction of Officers, Farriers, and Shoeing-smiths.
(d) Such other duties as may be required of them by the Principal Veterinary Officer from time to time.
Units having no Veterinary Officer attached.
1021. Veterinary arrangements for units which have no Veterinary Officer attached will be made by the Principal Veterinary Officer or Senior Veterinary Officer of the District.
No military command outside corps.
1022. Officers of the Australian Army Veterinary Corps will not exercise any military command outside their corps, except over such officers and soldiers as may be attached thereto for duty, or who may be placed under their orders.
Enlistment in Veterinary Corps.
1023. Soldiers may be enlisted in the Australian Army Veterinary Corps to form Transport, Remount, Sick-horse, or other Depôts, subject to the necessary provision being made by Parliament.
Farrier-Sergeants and Shoeing-smiths.
1024. The Farrier-Sergeants and Shoeing-smiths of units will carry out their veterinary duties under the Veterinary Officers attached to the units.
Test before enlistment.
1025. Before enlistment, Farrier-Sergeants and Shoeing-smiths will be tested practically in their duties by the Principal Veterinary Officer or his deputy, who will certify as to their fitness or otherwise.
Inspection of remounts.
1026. (1) The Principal Veterinary Officer, Senior Veterinary Officer, or Staff Officer for Veterinary Services, will frequently visit forges where Government horses are shod, and inspect the shoeing. He is responsible for representing to the District Commandant any faults or bad workmanship. Unless by veterinary advice the regulation pattern shoe will be strictly adhered to. Every day, at the commencement of morning stables, the Farrier-Sergeant, with the assistance of the Shoeing-smiths, will examine every horse in the stables. He will inspect each foot, replace broken nails, refasten loose shoes, and hammer down projecting clenches. He will report to the Commanding Officer of the unit any unhealthy condition of the feet.
(2) Similar inspections will be made of all shod horses on the Remount Farms.
(3) During Camps of Continuous Training, the same procedure will be adopted as in sub-regulation (1) of this Regulation with regard to all horses brought in for military duty.
Inspection of horses.
1027. All horses, whether Army Remounts or privately-owned horses, on joining or being attached to any of the mounted branches are to be inspected by a Veterinary Officer, with a view to prevent the introduction of contagious disease.
Veterinary reports.
1028. (1) A Monthly Veterinary Report on the authorized form will be furnished by the Principal Veterinary Officer, or Senior Veterinary Officer in each District to reach Head-Quarters by the 10th day of each month.
C.9801.—H
(2) In Districts where a Staff Officer for Veterinary Services is appointed he will be responsible for inspecting daily, as far as possible, all sick horse lines, and furnish a report to this effect to District Head-Quarters once a week.
(3) In Districts where there is no Staff Officer for Veterinary Services, the Principal Veterinary Officer or Senior Veterinary Officer will be responsible for inspecting, twice a week if practicable, all sick horse lines, and will furnish a report to this effect to District Head-Quarters once a week.
(4) In Districts where a Staff Officer for Veterinary Services is appointed, he will be responsible to the Principal Veterinary Officer for the care and management of all horse hospitals, and that the supply of all necessary stores, medicines, &c., is kept up.
Orderlies.
1029. (1) During the period of an encampment, orderlies for duty with sick horses will be furnished by each unit concerned, in proportion of one to every three (or less) sick.
(2) They will be exempt from all other duties, and will be entirely at the disposal of the Veterinary Officer in charge of the Veterinary Hospital lines.
Transfer.
1030. (1) In the event of Government Army Remounts being detached or transferred from Permanent Mounted Corps, Veterinary History Sheets will be sent with them.
(2) The Veterinary Certificate is to be rendered by the Veterinary Officer in charge on each occasion of transfer, whether permanent or temporary.
Infectious and Contagious Diseases.
Prevention.
1031. (1) In all cases of infectious or contagious diseases amongst Government horses, the horse or horses will be immediately segregated, and the Veterinary Officer in charge will submit, within 24 hours, a detailed report, with recommendations to District Head-Quarters. When similar cases occur during Camps or Schools of Instruction, a Veterinary Officer will be detailed to investigate and report within 24 hours to District Head-Quarters.
(2) In either case a full report of any such cases will be forwarded to Head-Quarters with the least possible delay.
Measures to prevent infection.
1032. Officers commanding Corps and Detachments are to see that the following instructions are carried into effect whenever infectious diseases make their appearance:—
(a) The rack and manger, and every part of the wood and ironwork of the stall as well as the floor and paving whence an infected horse has been removed, are to be thoroughly scoured with soft soap and hot water; when they are clean they are to be covered with a quicklime wash immediately after it is mixed; this is to be carefully scoured off, and the covering with a quicklime wash to be repeated. A day or two should intervene between each of these operations. The pails of the infected stable are also to be cleaned in like manner.
(b) Which of the horse appointments are to be destroyed will depend on the nature of each particular case. Glanders and farcy are often preceded by other diseases, and as the horse is in consequence isolated before the disease becomes infectious, it will, in such cases, be necessary to destroy only such grooming implements and stable utensils as are likely to have been in contact with the poison. Horse-rubbers, numnahs, blankets, and all litter used with glandered horses, are always to be destroyed. (For further directions see “Regulations for Army Veterinary Services.”)
Infected clothing of soldiers.
1033. The clothing and necessaries of soldiers employed with glandered horses are not to destroyed without the sanction, in writing, of the District Commandant, who will, before authorizing their destruction, satisfy himself that such articles cannot be disinfected.
Forage.
Supply.
1034. Mounted Units, Remount Depôts, or Remount Farms are supplied with forage—
(a) by contract;
(b) by purchase made in the open market;
(c) from that grown on the Remount Farms.
Purchase of forage.
1035. (1) When forage is purchased by contract—
(a) Officers Commanding all mounted units will be in possession of a copy of the latest conditions of contract.
(b) Before forage is accepted from the contractor or his agent, it will be passed by a Board of Officers, one of the members of which, when available, should be an Army Service Corps or Veterinary Officer.
(c) Should the Board reject the whole or any part of the forage, notice in writing, is to be at once sent to the contractor or handed to his agent, stating the reasons for rejection, and at the same time giving the contractor sufficient notice to replace the forage rejected, failing which purchase will be made in default.
(d) The Board will be held responsible that good and sufficient reasons are assigned by them on all occasions of rejection.
(2) When forage is purchased in the open market, the Assistant Quartermaster-General or Deputy Assistant Quartermaster-General will be responsible that none but that of good quality is procured.
(3) When forage grown on the Remount Farms is supplied to Units, the Assistant Quartermaster-General or Deputy Assistant Quartermaster-General will be held responsible that it is of good quality.
Privately-owned Horses.
Privately-owned horses.
1036. On joining camp, every officer or soldier should be asked to state if his mount is his bonâ fide property, and a record should be kept of his reply. In the event of any being borrowed, lent, or hired, special attention should be paid to their examination as to fitness for military duty. Mares in
foal, and animals in too good condition, should not be accepted for military service. All units will, immediately on arrival at a Camp, School of Instruction, or manœuvres, render a return on the authorized form to the Senior Veterinary Officer of all privately-owned horses brought in for military duty. This will be furnished also by individual staff and other officers attached to staffs or other units. Such returns should be prepared prior to and verified on arrival in camp, and should state clearly the name of the owner, class, colour, sex, age, brands, marks, and owner’s valuation of the horse. Any delay in receiving these returns will be immediately reported to the Camp, School, &c., Head-Quarters, &c., by the Senior Veterinary Officer present thereat.
Official valuation.
1037. The Senior Veterinary Officer will, immediately on receipt of those Returns, direct that an official valuation of all horses therein referred to, be made by Veterinary Officers detailed for duty.
Returns to be made.
1038. (1) The attention of those concerned is drawn to the necessity of rendering the authorized form as required by the last two preceding Regulations, and that the valuation returns are forwarded to District Head-Quarters for transmission to the District Paymaster.
(2) Regulations 1036 and 1037 are to be read out on at least three parades prior to leaving for Camp.
Daily sick horse report.
1039. During period of Camps of Continuous Training a daily Sick Horse Report, in regard to all horses, whether Government property, privately owned, or hired, will be furnished by Veterinary Officers attached to units to the Principal Veterinary Officer, or Senior Veterinary Officer at Camp Head-Quarters. Government Remounts will be shown on separate forms to those used for other horses when submitting these reports. The Principal Veterinary Officer or Senior Veterinary Officer will be responsible to the District Commandant that these reports are promptly and accurately rendered. Immediately at the conclusion of the training, the Principal Veterinary Officer or Senior Veterinary Officer will compile a summary of all injuries and ailments treated during the training on the authorized form, a copy of which is to be forwarded to Head-Quarters within ten days of the conclusion of the training.
Privately-owned horse injured on duty.
1040. When a privately-owned horse in injured on Military duty, the Commanding Officer of Unit, of which the owner of the horse is a member, will notify the Commandant of the District of the occurrence within 48 hours. The authorized form will be used for this purpose. In compiling this form special attention is to be given to the description and brands of the horse, and also the cause of the injury.
Board to be convened.
1041. As soon as practicable after accident to, injury, or disease of a horse occurs, a Board will be convened to report on the case. Such Board to consist—except in isolated places where it would be impracticable—of the Brigade Major concerned (who should be President); the Staff Officer for Veterinary Services, where such exists and where his attendance can be arranged, and an Officer of the Unit to which the horse belongs. In the event of there being no Staff Officer for
Veterinary Services available, a further Officer from the Unit concerned will act. At isolated stations where the foregoing cannot, in whole or in part, be made to operate, the Board to be composed of the most senior and suitable Officers available.
Progress reports
1042. The responsibility in connexion with the following of cases to a determination will rest with the Brigade Major, and in the event of a horse being sick for a prolonged period either he or other responsible Officer will submit a Progress Report to District Head-Quarters monthly until a determination of the case is arrived at.
Horses in transit.
1043. In order that injuries to horses may be minimized to a great extent, particularly in transit, the following instructions are issued for guidance:—
(a) Trucks in which cattle have previously been transported should be cleaned and the floor of same either sanded or covered with straw as an endeavour to prevent horses from slipping.
(b) In entraining horses, the more tightly they are packed the more safely they will travel; in the event of sufficient horses to completely fill a truck not being available, a rail, if possible, should be put across the unused portion of the truck.
Application of Regulations.
1044. Regulations 1036 to 1043 inclusive, especially in the matter of furnishing reports, apply to all cases of accident, injury, or disease contracted on duty, whether in Camp or on ordinary home training parades, or Schools of Instruction, &c.
Remounts.
Return of horses required.
1045. Military Commandants will forward to Head-Quarters during the months of October and March in each year a return stating the number and class, i.e., riding or draught, of horses they require to complete establishments.
Purchase of horses.
1046. All horses purchased for military purposes will be known as Army Remounts. They will be purchased under the direction of the Quartermaster-General, and after purchase, allotted to Military Districts. Purchasing Officers will transmit to the Head-Quarters of the District for which the horses were purchased, and to Head-Quarters, lists showing particulars of purchase, including sufficient descriptions for identification. All horses will be branded by the purchasing officers.
Records.
1047. On allotment to Districts, remounts will be numbered entered in the Register of Horses, and full description and other particulars forwarded on authorized form to Head-Quarters for entry in the Central Horse Book. Veterinary History Sheets will also be prepared. In recording the age of horses on the Veterinary History Sheet, the age is to be reckoned from 1st November in the year in which the horse was foaled. Each entry of treatment in the Veterinary History Sheet will be signed by the Veterinary Officer in charge. Remounts issued for more than temporary work (e.g., over seven days) will be accompanied by Veterinary History Sheets.
Foals.
1048. Foals of Government mares are the property of the Commonwealth. A foaling will be immediately reported to Head-Quarters, giving hoof number of the mare and colour and sex of the foal, when instructions will be given as to its disposal.
Branding.
1049. The number of the Military District and the number assigned to the remount will be branded on the fore feet, the District number and the thousands on the off fore foot, and the hundreds, tens, and units on the near fore foot, thus:—
Off Fore. |
| Near fore. |
| Meaning. |
3–1 | .. | 002 | .. | Number 1002 of 3rd Military District. |
2 | .. | 76 | .. | Number 76 of 2nd Military District. |
Squadron, Battery, or other unit’s numbers and unit initial will be branded on the hind feet on mobilization. Numbers becoming vacant will be re-allotted to new remounts.
Veterinary history sheets.
1050. Remounts will be examined thoroughly by the Principal Veterinary Officer, Senior Veterinary Officer, or Staff Officer for Veterinary Services, as soon as practicable after receipt by Remount Sections, and Veterinary History Sheets prepared.
Admission of remounts to depôts or farms.
1051. (1) In all cases before remounts are admitted into any Remount Depôt or Farm, they will be examined as to the existence of contagious or infectious disease by a Veterinary Officer. Pending such examination, they will be kept apart from all other horses, and, if possible, on ground retained for the purpose. No remount will be admitted until a satisfactory certificate of health has been furnished by the Veterinary Officer.
(2) The Veterinary Officer may use any physiological test or other scientific means approved of from time to time as an aid to diagnosis.
Sickness of remounts.
1052. (1) In event of a remount being taken ill within one month after joining, a special report will be at once forwarded to District Head-Quarters, stating the, nature and probable cause of the illness and the prospect of recovery or otherwise.
(2) A copy of this report will be forwarded to Head-Quarters.
Employment of civil veterinary practitioners.
1053. (1) In cases of sickness amongst Government horses, when the services of the Principal Veterinary Officer, Senior-Veterinary Officer, or Staff Officer for Veterinary Services are not available, the officer commanding the unit to which the horse is on issue may, should the life of the horse be in danger, or the nature of its injuries be such as to require immediate attention, and the Farrier-Sergeant is unequal to the proper treatment of the case, employ the services of a civil veterinary practitioner to attend to the case, at the same time notifying the District Commandant by telegram of his action in the matter. A full report on each case is to be forwarded to reach-District Head-quarters within forty-eight hours of the occurrence.
(2) In order to avoid inconvenience in settling the claims of a civilian veterinary surgeon, care will be taken that he is informed that, in cases of objections being raised to the charges he may make for professional attendance, they will be submitted for the decision of the Principal Veterinary Officer, whose award must be considered as final. The practitioner will only be employed if he makes an agreement to this effect. The civilian practitioner will be requested to send in his account on the authorized form immediately his attendance has ceased.
Casting Horses.
Half-yearly list of horses unfit for service.
1054. The Assistant Quartermaster-General or Deputy Assistant Quartermaster-General will prepare, during the months of January and July, for the information of the District Commandant, a list of horses considered unfit for the service. This return should include horses of fifteen years of age and upwards.
Board to consider casting of horses.
1055. (1) The District Commandant will cause a Board to be appointed, of which the Principal Veterinary Officer, Senior Veterinary Officer, or Staff Officer for Veterinary Services, shall be a member, to inspect and make recommendations as to casting.
(2) The proceedings of the Boards (made out in triplicate) are to be forwarded to the District Commandant for approval or otherwise, accompanied by full descriptions and details of original purchase with Veterinary History Sheets attached of the horses recommended for casting,
(3) On the concurrence of the District Commandant the original Board proceedings will be forwarded to Head-Quarters for instructions as to final disposal of the horses. The Veterinary History Sheets of all horses disposed of will be forwarded to Head-quarters for retention.
(4) All horses for which approval has been given to be cast and sold will be branded with the letter “R” on the off neck, prior to sale.
(5) The District Commandant’s certificate that this has been done, together with a certified copy of the account sales, will be attached to the Veterinary History Sheets of all horses so disposed of.
Disposal of Dead or Disabled Horses.
Destruction.
1056. The District Commandant may order the destruction of any horse on account of contagious disease or incurable injuries.
Certificate.
1057. (1) Before taking action under the last preceding Regulation, a certificate should, if possible, be obtained from the Principal Veterinary Officer, Senior Veterinary Officer, or Staff Officer for Veterinary Services, showing that the disease absolutely necessitates the destruction of the horse, or that the injury is incurable. In every instance, either before or after the horse is destroyed, a Board, of which the Principal Veterinary Officer, Senior Veterinary Officer, or Staff Officer for Veterinary Services will be a member, will be assembled to view the horse and take evidence of the whole of the circumstances of the case. If the horse has not already been destroyed, the Board will express an opinion as to the necessity for its destruction. The proceedings of the Board (made out in triplicate) will be forwarded to the District Commandant, accompanied by full descriptions and details of original purchase with Veterinary History Sheet attached. The original Board proceedings will be forwarded to Head-quarters.
(2) If a horse dies suddenly or within twenty-four hours of its having become ill, a Board will investigate and report upon the circumstances and causes which led to the death.
(3) The proceedings of the Board (made out in triplicate) will be forwarded to the District Commandant, accompanied by full description and details of original purchase, with Veterinary History Sheet attached. The original Board proceedings will then be forwarded to Head-quarters.
DIVISION 4.—ORDNANCE MACHINERY BRANCH.
Inspector of Ordnance Machinery.
I.O.M. available for expert duty.
1058. The Inspector of Ordnance Machinery will be available for expert duty with the Military Board and the Commandants of the several Districts.
Discipline.
1059. The Inspector of Ordnance Machinery will be the officer in charge of the Armament Artificers of the Australian Military Forces for all work in connexion with their duties as prescribed by these Regulations.
Military Staff Clerk to I.O.M.
1060. The Military Staff Clerk to the Inspector of Ordnance Machinery will carry out all clerical duties under the Inspector of Ordnance Machinery.
Armament Artificers.
Pay and discipline.
1061. Armament Artificers and Assistant Artificers are attached to the Royal Australian Garrison Artillery for pay and discipline.
Enlistment.
1062. Armament Artificers and Assistant Artificers will be enlisted in the Military Forces of Australia, and will be under the Inspector of Ordnance Machinery for work and duties.
Qualifications for appointment.
1063. (1) Vacancies for Armament Artificers will be filled by specially enlisted men, or by the appointment of men already serving, who—
(a) are thorough and competent tradesmen and possess a knowledge of mechanical drawing;
(b) are not more than thirty nor less than twenty-one years of age;
(c) can produce satisfactory references as to character.
(2) All applicants will furthermore be required to pass the usual military medical examination, and also examinations of a practical nature, and in mechanical drawing.
Rank.
1064. Candidates will receive the rank of Staff Sergeant on attestation.
Promotion.
1065. Armament Artificers may be promoted to Regimental Quartermaster-Sergeant after five years’ service as Staff Sergeant.
Assistant Armament Artificers.
Appointment.
1066. (1) Assistant Armament Artificers will be selected from members of the Royal Australian Garrison Artillery or other branches of the Permanent Forces who are recommended by their commanding officer.
(2) They will be enlisted as Assistant Armament Artificers.
Promotion.
1067. Assistant Armament Artificers may be promoted to Bombardier after, three years’ service as Gunner, to Corporal after four years’ service as Bombardier, and to Sergeant after ten years’ service as Corporal.
General.
Increments and promotions.
1068. Increments and promotions will be subject to the approval of the Commandant (in the case of Armament Artificers, after passing a qualifying examination), on the recommendation of the Inspector of Ordnance Machinery and Officer Commanding Royal Australian Garrison Artillery.
Assistants to I.O.M., how duties will be carried out.
1069. The Assistants to Inspector of Ordnance Machinery will carry out their duties under direct orders of the Inspector of Ordnance Machinery.
Workshops under the I.O.M.
1070. The workshops in all Military Districts are under the supervision of the Inspector of Ordnance Machinery, and all machines, tools, and stores therein are under his charge.
I.O.M. to make immediate report in urgent cases.
1071. Immediate report will be made by the Inspector of Ordnance Machinery to the Chief of Ordnance (in urgent cases, direct to the Officer Commanding Royal Australian Garrison Artillery) of defects as they arise; with a recommendation of the steps considered necessary for their rectification. No work which involves an alteration to existing patterns of armament will be passed for execution until the Inspector of Ordnance Machinery has obtained the approval of the Chief of Ordnance.
Work done by one district for another.
1072. In the case of work for a District being carried out in another District, all expenditure in connexion with same shall be charged to the District for which the work is performed.
Master Gunners to be instructed by I.O.M.
1073. Under arrangements to be made between the Chief of Ordnance and the Officer Commanding Royal Australian Garrison Artillery, the Inspector of Ordnance Machinery will instruct the Master-Gunners and others in all matters relating to the care and preservation of the machinery and stores connected therewith in their charge.
1074. When reference is made to the Inspector of Ordnance Machinery in Regulations 1075 to 1084, read, “or Assistant to the Inspector of Ordnance Machinery,” as may be arranged in accordance with Regulation 1069.
Armament.
Examination of guns, mountings, &c.
1075. Mountings on Artillery charge will be frequently examined by the Inspector of Ordnance Machinery (as may be decided by the Officer Commanding Royal Australian Garrison Artillery), who will see that they are at all times in thorough working order, and bring any defects to the notice of the Officer in immediate charge; but he will not place any gun out of action without the approval of the Officer Commanding Royal Australian Garrison Artillery.
Trials of gun and mountings.
1076. The Inspector of Ordnance Machinery will attend all proofs and trials of guns and mountings. No specific indent for the attendance of the Inspector of Ordnance Machinery at proofs or practice is to be sent beyond a notification sent direct to that officer.
Heavy gun practice.
1077. The Inspector of Ordnance Machinery will attend practice with heavy guns, and it will be his duty to assist the Commanding Officer at the practice in every point connected with the gear or machinery in use, calling attention to any points that may occur to him in the use of the gear, and advising as to the continuance of practice in case of the suspected or apparent development of defects in any portion of the ordnance, mountings, or machinery.
Armament officer to communicate with I.O.M.
1078. The officer in immediate charge of armament will communicate direct with the Inspector of Ordnance Machinery, in the event of any defect or breakdown occurring which requires to be attended to with greater rapidity than would be obtained by the usual channel.
I.O.M. to supervise and order repairs.
1079. All overhauls, repairs, or adjustments to ordnance, mountings, machinery, or engines, belonging to the armament, whether carried out in forts or armament workshops, will be executed under the superintendence and orders of the Inspector of Ordnance Machinery.
Fittings, alteration of.
1080. No alteration to any existing fitting is on any account to be made without written authority from the Inspector of Ordnance Machinery.
Notes on repairs kept by I.O.M.
1081. The Inspector of Ordnance Machinery will keep a record of the different repairs and adjustments, with notes on all important matters in connexion with the armament in each Military District.
Work of Armament Artificers on armament.
1082. Armament Artificers will execute any work necessary for the repair or alteration of armament, all fitters work connected with carriages, slides with their parts and appurtenances, hydraulic jacks, and mechanism of disappearing carriages, and all ordinary operations for the repair of ordnance, and the adjustment of guns and their fittings, including the hydraulic mountings, steam engines, and the machinery used in the service of heavy ordnance.
Land armament works.
1083. When employed in central workshops, the services of the Inspector of Ordnance Machinery and of the Armament. Artificers are to be held available, in the first place, for work in connexion with armaments.
Damaged fittings at gun practice.
1084. An Armament Artificer will be present during practice, in order to adjust or repair any fittings that may become damaged.
DIVISION 5.—PROVOST STAFF.
Constitution of Provost Staff.
1085. A Provost Staff shall be established to be a portion of the Administrative Staff of the Australian Military Forces. It may consist of Officers, Warrant and Non-commissioned Officers, and Privates.
Vacancies in staff.
1086. Vacancies in the Provost Staff will be notified from time to time in Military Orders as they occur. Persons will be eligible for appointment in the following order:—
(a) Members of the Permanent Forces who are now serving and have served therein for not less than five years, and persons who have served therein and have been retired on account of age or medical unfitness; provided, however, that they are physically fit for the duties required.
(b) Members or ex-members of the Militia Forces who have served therein for not less than eight years; provided, however, that they are physically fit for the duties required.
Term of appointments.
1087. Members of the Provost Staff may be appointed for a term not exceeding three years, but with the approval of the Military Board this term may be extended for the same or any less period.
Administration, duties, and uniform.
1088. (1) The Provost Staff will be administered by the Adjutant-General’s branch of the Staff in Districts, and for the purposes of discipline will be considered to be a “corps.”
(2) The duties of the Provost Staff shall be as prescribed by the Military Board, and published in Military Orders.
(3) The uniform of the Provost Staff shall be as prescribed by the Military Board.
PART XIX.—CLOTHING, MEDALS, DECORATIONS.
DIVISION 1.—CLOTHING—MILITIA FORCES.
Free issue of equipment.
1089. All uniforms, including great-coats, hats, caps, puttees, leggings, boots, and similar articles will be supplied free to all ranks of the Militia Forces. Reserves will be supplied with uniform upon their being mobilized.
Obtaining and accounting.
1090. Officers commanding units will obtain the above stores from the Ordnance Store of the District, and will account for them as ordered by the Military Board.
Wearing of military uniform.
1091. (1) The wearing of military uniform except when on duty or when otherwise specially authorized, is prohibited.
(2) Any person contravening this regulation is liable to a penalty not exceeding Ten pounds under the provisions of section 85 of the Act.
Scale of uniform.
1092. (1) The following shall be the scale of issue of uniform, &c., to soldiers of the Militia Forces:—
Article. | At Commencement of Undermentioned Years of Service. | ||||||
1st. | 2nd. | 3rd. | 4th. | 5th. | 6th. | 7th. | |
Bag, kit, universal.............. | 1 | .. | .. | .. | .. | .. | .. |
Boots, pairs*.................. | 1 | .. | .. | 1 | .. | .. | .. |
Breeches, cord†................ | 1 | 1 | .. | .. | 1 | .. | .. |
Cap, field service............... | 1 | .. | .. | .. | .. | .. | .. |
Great-coat†................... | 1 | .. | .. | .. | .. | .. | .. |
Hat, with band, and strap.......... | 1 | .. | .. | 1 | .. | .. | .. |
Jacket, S. D................... | 1 | 1 | .. | .. | 1 | .. | .. |
Legging, pairs‡................ | 1 | .. | .. | .. | .. | .. | .. |
Numeral..................... | 1 | .. | .. | .. | .. | .. | .. |
Puttees, pairs§................. | 1 | .. | 1 | .. | 1 | .. | .. |
* To be kept greased, and used for parades only.
† Mounted or dismounted pattern, according to the arm.
‡ For mounted services.
§ For dismounted services only.
Officers.
(2) Officers in the Militia Forces will be supplied with—
| One additional every— | |
Aiguillettes...................................... | 8 years | |
Boots, pairs...................................... | 3 „ | |
Breeches, cord*................................... | 3 „ | |
Cap, S.D......................................... | 4 „ | |
Cap, field service................................... | 6 „ | |
Great-coat†....................................... | 6 „ | |
Hat, with band and strap.............................. | 3 „ | |
Jacket, CP., with step collar‡........................... | 6 „ | |
Leggings, pairs§................................... | 6 „ | |
Numeral......................................... | 12 „ | |
Puttees, pairs||..................................... | 2 „ | |
Sash, with web belt................................. | 12 „ | |
Jacket, S.D....................................... | 3 „ | |
Trousers, C.P.‡.................................... | 6 „ | |
* Mounted or dismounted pattern, according to nature of ordinary duty.
† If not yet supplied. Pattern to be as for rank and file.
‡ Khaki cotton garments of equivalent value may be substituted for woollen garments.
§ For mounted services, and mounted officers of dismounted services on appointment as such.
|| For dismounted services.
(3) In addition to the articles mentioned in the last preceding sub-regulation, Officers Commanding Light Horse and Infantry Brigades will be supplied with the following on appointment to the command of a Brigade:—*
Badges of rank, sets................................................... | 1 |
Boots, butcher (mounted), pairs; or Leggings, black, pairs.......................... | 1 |
Boots, Wellington (dismounted), pairs....................................... | 1 |
Cap, forage, blue, with strap and khaki and white covers. Badge (Royal Crest in gold embroidery) | 1 |
Frock coat.......................................................... | 1 |
Gloves, buckskin or doeskin, pairs.......................................... | 1 |
Helmet, white....................................................... | 1 |
Jacket, blue, patrol.................................................... | 1 |
Knot, sword........................................................ | 1 |
Pantaloons, blue, with stripe, pairs.......................................... | 1 |
Sash ............................................................. | 1 |
Slings, gold, sets..................................................... | 1 |
Spurs, jack, steel, with chain and strap, pairs................................... | 1 |
Trousers, blue, with stripe, pairs........................................... | 1 |
* The uniform and appointments to be worn are those prescribed for the A. and I. Staff for the gazetted rank of the officer concerned.
(4) Officers of the Militia Forces appointed Brigade Majors will wear the uniform of their Corps with the following staff distinctions:—
Badges (Commonwealth).
Gorget patches, scarlet.
Puggaree, khaki.
Price list.
1093. A price list of clothing shall be published in the month of July annually in Military Orders.
Private purchase.
1094. Officers may supply themselves privately with breeches, jacket, greatcoat and trousers, in lieu of receiving the ordinary free issue, and may, on production of sub-vouchers, recover the cost of such clothing, not exceeding the published prices above-mentioned. The payment of such sums shall be entered in the record of clothing issues of the unit, as if the articles paid for had been issued in kind.
DIVISION 2.—MEDALS AND DECORATIONS.
Grant and Issue.
Grant of medals.
1095. The grant of medals will be notified from time to time in orders.
Issue of Medals.
1096. Officers who receive medals for issue to individuals will, if the latter cannot be found within reasonable time, return the medals to the officer in charge of the attestations of those concerned.
Registered letters.
1097. Letters containing medals, when forwarded through the post, are to be registered, and receipts for the medals should be obtained from the persons to whom they are sent.
Medals for “Distinguished Conduct in the Field,” “Meritorious Service,” and “Long Service and Good Conduct,” for the Permanent Military Forces of the Commonwealth of Australia.
Distinguished conduct.
1098. Upon the special recommendation of the Military Board a silver medal “For Distinguished Conduct in the Field” may be granted to a soldier who has performed service of a distinctly gallant and distinguished nature. Bars may be added on account of further distinguished conduct.
D.C.M. and M.S.M.
1099. The medal for Distinguished Conduct in the Field may be worn with either the Meritorious Service Medal, or with the Good Conduct Medal.
Meritorious service.
1100. (1) A silver medal “For Meritorious Service” may be awarded, on the recommendation of the Military Board, to a soldier above the rank of corporal for long, valuable, and meritorious service.
(2) Soldiers (unless they have performed some exceptionally valuable or meritorious service which it is desired to bring under notice as deserving of special recognition) are not to be recommended for the Meritorious Service Medal until they shall have completed not less than twenty-five years’ service with an irreproachable character.
M.S.M. and G.C.M.
1101. Soldiers awarded the Meritorious Service Medal and the Long Service and Good Conduct Medal may wear both medals.
Recommendations for decorations.
1102. On the recommendation of the Military Board a silver medal may be awarded to a warrant officer, non-commissioned officer, or man of the permanent forces who has served for not less than eighteen years with irreproachable character and conduct, Commanding Officers must take care to recommend only such soldiers as are in every way worthy of this distinction, and who fulfil the conditions prescribed as requisite for an “exemplary” character on discharge. Even when a soldier is eligible, both in these respects and by length of service (eighteen years), regard will be had to his conduct and character throughout his career, and to the number and nature
of the offences recorded in his conduct sheet irrespectively of the punishments which may have been awarded. Service of a soldier under eighteen years of age may be included in the eighteen years required to qualify; on the other hand the period of eighteen years may be reckoned to commence at any period within two years from the date of enlistment.
Disqualifications.
1103. (1) The following being absolutely ineligible for a Good Conduct Medal must not be recommended:—
(a) Warrant officers, non-commissioned officers, and men who have been convicted for felony or any other offence of a disgraceful character or during the last sixteen years of their service—
(i) Have incurred more than six entries in the regimental conduct sheet; or,
(ii) Have been guilty of desertion or fraudulent enlistment; or,
(iii) Have been convicted by a general or district court martial; or,
(iv) Have been drunk on duty, or after having been warned for duty; or, have been drunk while actually engaged on garrison or regimental employment; or,
(v) Have as a warrant or non-commissioned officer been reduced for an offence, but not for inefficiency.
(2) An entry in a soldier’s regimental conduct sheet of gallant or distinguished conduct will be considered as diminishing by one the number of entries referred to in sub-paragraph (i) of the last preceding sub-regulation, but will not affect the soldier’s eligibility or ineligibility for the medal in any other respect.
Former service counted.
1104. (1) Warrant officers, non-commissioned officers, and men shall be permitted to reckon any former or present service in the Imperial Army towards the service necessary to render them eligible for the medal.
(2) Notification of all awards of medals for meritorious service, for distinguished conduct, and for long service and good conduct, shall be published, in Military, District, and Regimental Orders.
Recommendations. D.C.M. and M.S.M.
1105. Recommendations for the Distinguished Conduct Medal and Meritorious Service Medal should be accompanied by descriptive returns, records of service and statements of service abroad or in the field, and of the wounds and distinctions of those recommended. Recommendations for the Meritorious Service Medal should, in addition, be accompanied by a certified copy of the conduct sheet, and certified copies of any convictions by the civil power.
Good Conduct Medal.
1106. Recommendations for the Good Conduct Medal will be accompanied by certified copies of (a) the squadron, battery, or company conduct sheet for the whole of the soldier’s service; (b) the record of service; and (c) if he has been convicted by the civil power, a certified copy of the conviction. The original conduct sheets of the soldiers recommended will be transmitted as well as the certified copies above-mentioned. After being carefully compared, the originals will be returned.
Lost conduct sheet.
1107. In the case of a conduct sheet being lost, a court of inquiry will be assembled by the Commanding Officer to investigate the circumstances under which the loss occurred.
(2) The court will endeavour to obtain evidence as to the number and nature of the entries contained in the conduct sheet. Unless direct evidence can be produced as to the cause and date of loss, and that the sheet was in the possession of the responsible officer within one calendar month of the date of assembly of the court, the soldier will be held to be ineligible for a Good Conduct Medal.
(3) The Commanding Officer, after recording his opinion on the evidence that there was no entry that would of itself affect the future eligibility or otherwise of the soldier for the Good Conduct Medal, will forward the proceedings of the court to the District Commandant, who will state definitely whether, in his opinion, the less of the conduct sheet ought or ought not to invalidate the soldier’s present or future application to be held eligible for the Good Conduct Medal.
(4) When the new conduct sheet has been made out, the Officer Commanding the soldier’s company will make one of the following entries in red ink in front of “Number of Sheet—either “Substituted for original, no penalty: Authority (and date),” or “Substituted for original, disqualification for Good Conduct Medal: Authority (and date).”
(5) In the absence of the original conduct sheet or of one of the substituted after investigation by a court of inquiry, a recommendation for the grant of a Good Conduct Medal will not be entertained.
Previous service counted in certain cases.
1108. A soldier of the Permanent Forces who is discharged with not less than a “good” character, and re-enlists within a period of two years in the Regiment or Corps from which he was discharged, shall be permitted to count his previous service in such Regiment or Corps towards Good Conduct Pay and the award of—
The Medal for Long Service and Good Conduct.
The Medal for Meritorious Service.
Forfeiture and Restoration of Medals.
Forfeiture and restoration.
1109. Every soldier who—
is found guilty by a court martial of desertion, fraudulent enlistment, or any offence under paragraphs (xxiii), (xxiv), (xxv), (xxvi), (xxvii) and (xxviii) of Regulation 494 (1);
is liable to trial on confession of desertion or fraudulent enlistment, but whose trial has been dispensed with;
is discharged with ignominy or as incorrigible and worthless, or expressly on account of misconduct, or on conviction by the civil power, or on being sentenced to penal servitude, or for giving a false answer on attestation;
is found guilty by a civil court of an offence which, if tried by court martial, would be cognizable under paragraphs (xxiii), (xxiv), (xxv), (xxvi), (xxvii) and (xxviii) of Regulation 494 (1), or is sentenced by a civil court to a punishment exceeding six months’ imprisonment,
shall forfeit all medals and decorations (other than the Victoria Cross, which is dealt with under King’s Regulations)
of which he may be in possession, or to which he may be entitled, together with the gratuity (if any) thereto appertaining.
(2) A court martial may, in addition to or without any other punishment, sentence any offender to forfeit any medal or decoration (other than the Victoria Cross, which is dealt with under King’s Regulations), together with the gratuity, if any, thereto appertaining, which may have been granted to him; but no such forfeiture shall be awarded by the court martial when the offence is such that the conviction does of itself entail a forfeiture under the articles above referred to.
(3) When the conduct of a soldier who has earned the medal and any gratuity for long service and good conduct has, after the award of the medal and gratuity, if any, been such as to disqualify him from wearing the medal, he may on the recommendation of the Military Board be deprived of the medal and gratuity (if any).
(4) Any medal, decoration, annuity, or gratuity forfeited by a soldier under the provisions of these articles may be restored to him by the Governor-General.
Wearing medals earned in former service.
1110. Soldiers who have irregularly enlisted, and who, upon discovery of such enlistment, have been retained in the service upon their last attestation, may be allowed to wear any medals awarded to them for service under their previous attestations.
Loss and Replacement.
Loss and replacement
1111. (1) When a soldier is unable to produce his medal the fact is to be reported with a view to inquiry being made by a Board as to the cause of the loss. The Board is to take evidence from an officer of the soldier’s unit as to the man’s character, and when no testimony except that of the soldier himself is forthcoming, the Board, except in very special circumstances, the nature of which it will record, will take his character into account in forming its opinion.
(2) The Board will record its opinion as to whether the loss occurred—
(a) When the soldier was on duty and from causes entirely beyond his control.
(b) By accident.
(c) Wilfully.
(3) In cases under paragraphs (a) and (b) of the last preceding sub-regulation applications to replace the lost medals may be at once submitted, accompanied by an extract of the finding of the Board, but the replacement at the public expense will not be recommended unless the loss is proved to come under paragraph (a) of the last preceding sub-regulation.
(4) In cases under paragraph (c) of sub-regulation (2) of this Regulation, the soldier, if convicted of making away with his medal, must serve three years clear of an entry in the regimental conduct book before he can be recommended for the grant of a new medal, on paying the value thereof.
(5) Applications from ex-soldiers for new medals to replace those which have been lost by them must be accompanied by a statutory declaration as to the circumstances under which the original medals were lost. New medals will not be issued until a period of six months has elapsed after the date upon which the loss occurred.
Colonial Auxiliary Forces Officers’ Decoration.
Persons eligible.
1112. (1) The undermentioned are eligible to receive the Colonial Auxiliary Forces Officers’ Decoration:—
(a) Officers of the Militia Forces having twenty years’ commissioned service, which need not be continuous.
(b) Officers of the Militia or Volunteer Forces who have retired and have the qualifying service.
(c) The following shall count as qualifying service:—
(i) Service rendered partly in the Militia or Volunteer Forces of one Colony or Protectorate, and partly in the Militia or Volunteer Forces of another Colony or Protectorate, or partly in the Militia or Volunteer Forces of one or more Colonies or Protectorates, and partly in the Volunteer Force of Great Britain; provided that no officer shall be eligible unless at least half his qualifying service has been rendered in the Militia or Volunteer Forces of one or more Colonies or Protectorates, service on the West Coast of Africa counting double.
(ii) Half the time served in the ranks of the Auxiliary Forces of any Colony or Protectorate, Indian Volunteers or the Volunteer Force of Great Britain.
(iii) Service of officers of the Reserve performed with Senior Cadets will be allowed to count towards the decoration or medal (as the case may be), provided the District Commandant certifies that the officer is considered to be efficient and thoroughly capable.
(2) Service in the Permanent Forces shall not reckon as qualifying service for the decoration.
Applications.
1113. (1) Application for the decoration will be made in writing, through the usual channels of correspondence, to the District Commandant, and will be supported by statement of applicant’s service on Form “A,” together with the certificate marked “B,” or the certificate marked “C.” (See Regulation 1117.)
(2) A list, in accordance with Form “D,” given in Regulation 1117 will be prepared in the District Commandant’s office, and forwarded with the various recommendations to the Governor-General, through the proper channel of communication. The separate applications should be numbered for convenience of reference, and the numbers should be inserted in the last column of the list before transmission.
(3) The decoration being granted as a reward for good and long service, Commanding Officers should in each case state in general terms the reason which, in their opinion, gives the applicant a claim to receive the decoration.
Grant.
1114. (1) The grant of the decoration will be published in the Commonwealth Gazette.
(2) The letters V.D. will be inserted in the Officers List against the name of the officer to whom the decoration is given.
Forfeiture and restoration.
1115. (1) When the conduct of an officer after he has been awarded the Colonial Auxiliary Forces Officers’ Decoration has been such as to disqualify him from wearing it, he may be deprived of it by the Governor-General.
(2) A decoration forfeited by an officer under the provisions of this paragraph may be restored to him by the Governor-General.
Loss.
1116. When a decoration has been lost, and it is desired to replace it, a declaration must be made before a magistrate, stating the circumstances under which the loss occurred, and the rank, name, and corps of the officer to whom the decoration belonged. This declaration will be forwarded to the Commandant, through the usual channel of correspondence in the case of an officer who is still serving, and direct in the case of one who has retired. The decoration will be replaced, on payment, if the explanation as to the loss is considered satisfactory.
1117. The forms contained in this Regulation shall apply to applications for decoration by officers of the Colonial Auxiliary Forces.
Form a.
Colonial Auxiliary Forces Officers’ Decorations.
Statement of the Commissioned Services of
of the Corps.
N.B.—Service in the ranks should be shown in full, but only its equivalent (under the Regulations) should be carried forward as Commissioned Service into the last column.
Branch of the Service. | Rank. | Rank and Date of each Commission. | Total Service in each Rank. | Remarks. | |
From— | To— | ||||
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| Y.M.D. |
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|
| Total Commissioned Service |
|
| |
Signature of Applicant.
We certify that the above is a correct statement of the Commissioned Service of Corps, and that his total Commissioned Service amounts to years months days.
Signed—
Adjutant.
(or, where there is no such Officer, the next Senior Officer to the Commanding Officer).
Countersigned— Commanding Officer.
Head-quarters
Date.
Certificate B.
For Officers Still Serving.
We hereby certify that holds a Commission in the Force; that he has completed the qualifying period of twenty years’ service; that he is an efficient and thoroughly capable officer, and that he is in every way deserving of the Colonial Auxiliary Forces Officers’ Decoration.
Signed—
Adjutant.
(or, where there is no such Officer, the next Senior Officer to the Commanding Officer).
Countersigned—
Commanding Officer.
Certificate C.
For Retired Officers.
We hereby certify that has completed the qualifying period of twenty years’ service, and that he was, to the best of our belief, an efficient and thoroughly capable officer, and that he is in every way deserving of the Colonial Auxiliary Forces Officers’ Decoration.
Signed—
Adjutant.
(or, where there is no such Officer, the next Senior Officer to the Commanding Officer).
Countersigned—
Commanding Officer.
Note.—Certificate C will be signed by the Commanding Officer and Adjutant of the Regiment or Corps in which the officer was last serving.
D.
(Referred to in Regulation 1113.)
List of officers of the Commonwealth of Australia Military Forces recommended by the District Commandant for the Colonial Auxiliary Forces Officers’ Decoration.
Corps. | Rank. | Christian Names to be given in full. | Surname. | Service. | Number given to separate Application. |
|
|
|
| yrs. dys. |
|
Recommended—
District Commandant.
Approved—
Date—
Military Board.
Colonial Auxiliary Forces Long Service Medal.
Eligibility.
1118. Members of the Militia and Volunteer Forces, including those who have retired after completing twenty years’ service, and officers who have served in the ranks, but have not qualified for the “Colonial Auxiliary Forces Officers’ Decoration,” will, on completion of twenty years’ effective service in the Militia or Volunteer Forces, be granted a medal designated the “Colonial Auxiliary Forces Long Service Medal,” provided that they are recommended by their present or former Commanding Officers in the manner prescribed in Regulations 1120 and 1121. Members of the Militia or Volunteers who, prior to the 1st January, 1900, retired before completing twenty years’ service from the date of enrolment will be considered to fulfil the above conditions as to service if they have been returned as efficient twenty times.
Qualifying service.
1119. (1) Service rendered partly in the local forces of one Colony or Protectorate, and partly or the local forces of another Colony or Protectorate, or partly in the local forces of one or
more Colonies or Protectorates, and partly in the Volunteer Forces of Great Britain, shall be reckoned as qualifying service for the medal, service on the West Coast of Africa counting double. Service on the Permanent Staff shall not reckon as qualifying service for the medal.
(2) The twenty years’ service necessary to qualify for the medal need not be continuous.
Applications.
1120. Applications for the Colonial Auxiliary Forces Long Service Medal will be made on Form “A” set out in this Regulation through the usual channel of correspondence to the Governor-General, whose decision upon the validity or otherwise of any claim for the medal will be absolutely final.
Form A
Individual Application for the Colonial Auxiliary Forces Long Service Medal.
Statement of Service of
of the
Head-quarters
Date
Corps. | No. | Rank. | Service. | Total. | Remarks. | |||
From | To | Years. | Months. | Days. | ||||
|
|
|
|
|
|
|
|
|
Grand Total |
| |||||||
We hereby certify that, to the best of our belief, the above is a correct statement of the service of and that we consider the applicant to have rendered meritorious service which renders him eligible for the Colonial Auxiliary Forces Long Service Medal.
He is still serving / not now serving in the Military Forces.
Adjutant.
Officer Commanding Corps.
Date
Recommendation of District Commandant.
I recommend that the above-named applicant be awarded the Colonial Auxiliary Forces Long Service Medal.
(Signature).
Date
Grant.
1121. Names of recipients will be promulgated in Military and District Orders. The distribution of medals will be made by the senior officer of the corps, or as the District Commandant shall decide, at the earliest time that a good muster can be reckoned upon.
Surrender.
1122. Any officer who is subsequently awarded the “Colonial Auxiliary Forces Officers’ Decoration” will not be required to surrender the medal, but he must not wear it.
Forfeiture and restoration.
1123. (1) When the conduct of an officer or a soldier, after he has been awarded the Long Service Medal, has been such as to disqualify him from wearing it, he may be deprived of it by the Governor-General.
(2) A medal forfeited by an officer or a soldier under the provisions of this Regulation may be restored to him by the Governor-General.
Loss.
1124. When a Long Service Medal has been lost, and it is desired to replace it, a declaration must be made before a magistrate stating the circumstances under which the loss occurred, and the rank, name, and corps of the officer or soldier to whom the medal belonged. This declaration will be forwarded to the District Commandant through the usual channel of correspondence in the case of an officer or soldier who is still serving, and direct in the case of one who has retired. The medal will be replaced on payment, if the explanation as to the loss is considered satisfactory.
Royal Humane Society’s Medal.
Medals of Royal Humane Societies of Australia.
1125. Medals granted by the Royal Humane Societies in Australia and Great Britain for acts of bravery in saving life, may, when authority has been issued, be worn in uniform. Whenever these medals are awarded to officers or soldiers, a statement of the fact should be sent to Head-quarters, in order that the necessary authority may be issued for the distinction to be worn.
Form of application.
1126. A commanding officer, in putting forward a soldier’s claim for the medals of the Royal Humane Societies of Australia, should do so on the form which will be furnished on application to the Secretary at the Royal Humane Societies’ offices.
Medals Generally.
Custody of medals during active service.
1127. When troops proceed on active service, the medals of men desiring their decorations to be placed in safe custody will be sent to the officers in charge of attestations. Medals should never be placed in store attached to clothing.
Medals of absentees.
1128. Medals left behind by soldiers who absent themselves without leave, and who are subsequently declared by a court of inquiry to be illegally absent, will be forwarded to the officers in charge of attestations for safe custody. If the men do not rejoin within ten years, the medal will be disposed of in the same manner as unclaimed medals. (Regulation 1130.)
Record of receipt and disposal of medals.
1129. Officers in charge of medals will arrange for their safe custody, and will keep a book showing (a) the regimental numbers, ranks, and names of the men whose medals are placed in their charge; (b) the service for which the medals were granted; (c) the date and cause of their being taken in charge; and (d) the date and manner of their disposal.
Disposal of unclaimed medals.
1130. Medals which, at the end of ten years, still remain unclaimed, will be sent to the Senior Ordnance Officer, to be broken up.
Entries in documents.
1131. The grant, forfeiture, and restoration of medals will be recorded in the military history sheet (fourth page of attestation), and when medals are issued to men after they have left the service, officers in charge of attestations will also cause the grant to be entered in the man’s discharge or transfer documents, and in their parchment certificate of discharge.
PART XX.—RIFLE CLUB RESERVES, RIFLE ASSOCIATONS.
DIVISION 1.—RIFLE CLUB RESERVES.
Establishment of Rifle Clubs.
1132. Rifle Clubs may be established in such localities as may be authorized by the Governor-General, and shall form part of the Military Reserve Forces of the Commonwealth, as laid down in section 32a, sub-section (3), of the Defence Act 1903–1915. Provided, however, that all Rifle Clubs which have been duly gazetted or authorized by General Order prior to these Regulations, shall be considered Rifle Clubs duly established under these Regulations.
Control of Rifle Clubs.
1133. The control of the Rifle Clubs of the Commonwealth established under these Regulations shall be under the Adjutant-General.
Duties of Director of R.A. and Clubs.
1134. The Director of Rifle Associations and Clubs will be responsible for carrying out duties in connexion with the following:—
(a) The method of allotment of each Rifle Club as a reserve to the Militia Forces, and the preparation of all notices and forms in connexion therewith.
(b) The efficiency of the Rifle Clubs with regard to training and musketry, and their preparedness as reserves.
(c) Recommendations with reference to the issue of arms, ammunition, &c., to Rifle Clubs.
(d) Questions relating to Rifle Club Ranges—their construction, reconstruction, and equipment.
(e) Questions affecting Supervisors of Rifle Clubs and Staffs, Inspectors of Rifle Ranges, Range Clerks, Range Foremen, and Staffs of military ranges.
(f) Matters regarding land in connexion with Rifle Club Ranges—
(i) where such is private property—the adjustment of leases and questions of acquisition;
(ii) where such is the property of the Crown—arranging for and obtaining permissive occupancy through the Department of Home Affairs.
(g) The Commonwealth Council of Rifle Associations.
(h) State Rifle Associations.
(i) District Rifle Club Unions.
(k) Proposals for distribution of grants to Associations and Unions as provided in paragraphs (g), (h), (i), and (n) of this Regulation.
(l) The Rules of the Commonwealth Council, State Rifle Associations, District Rifle Club Unions, and any amendments thereof.
(m) Annual reports of State Rifle Associations.
(n) Rules for Miniature Rifle Associations and Clubs.
Duties of Supervisor of Rifle Clubs.
1135. The Senior Clerk of the Rifle Club’s office at District Head-Quarters, who will be designated “Supervisor of Rifle Clubs,” shall be responsible, under the direction of the District Commandant, for the general supervision of Rifle Clubs In each Military District. The Supervisor of Rifle Clubs may communicate direct with the Director of Rifle Associations and Clubs upon all subjects of a purely routine matter.
Assistance for supervisor.
The Supervisor of Rifle Clubs will be held responsible that the Regulations governing Rifle Clubs are strictly observed, and that all orders and directions received from time to time in connexion with Rifle Associations, Rifle Club Unions, Miniature Rifle Clubs and Unions, and Rifle Clubs are carried out, and for the correct performance of his duties.
1136. The Supervisor of Rifle Clubs will be assisted by such staff as may be allotted to the Rifle Clubs office. In the absence of the Supervisor, the next senior member of the staff will carry out his duties.
Duties of supervisor.
1137. The Supervisor of Rifle Clubs will be personally responsible for—
(a) Supplying the District Commandant with such information, and the carrying out of such duties, as may be laid down in mobilization Standing Orders.
(b) The issue of approved instructions to Clubs in regard to musketry, the checking of returns, and compilation of results of annual course.
(c) Where the District Commandant approves of the holding of classes of instruction at which members of Rifle Clubs desire to attend, the supply of necessary information and the notification of results to those concerned; and generally—
(d) The supply of information to persons desirous of forming Rifle Clubs and Miniature Rifle Clubs.
Application to form a Club.
1138. (1) Before any Club can be formed, an application on form R.C. 3, signed by not less than thirty male persons of or over the age of sixteen and under the age of sixty years, and who are not undergoing military training under Part XII. of the Act, who must be natural-born or naturalized British subjects, and who are bonâ fide residents of the locality in which it is desired to form the Club, must be forwarded to the Supervisor of Rifle Clubs. Provided, however, that in the case of those persons who are temporarily exempted from compulsory training they may be allowed to become members of a Rifle Club during the period in which such temporary exemption is in force. Captains of Clubs will be held responsible that persons undergoing military training are not enrolled as members of Rifle Clubs. In special cases the Governor-General may authorize the formation of Clubs in remote districts with a less number than thirty.
(2) In the case of Rifle Clubs to be established within the areas proclaimed in the Commonwealth of Australia Gazette as exempt from training under the Defence Act 1903–1915, the prescribed form must be signed by not less than thirty men of or over the age of sixteen years and under the age of sixty years.
(3) When forwarding form R.C. 3 with their recommendation, District Commandants will state—
(a) Whether suitable rifle range accommodation is available, or if not, whether a suitable site has been selected. In the latter case a certificate from the Supervisor of Rifle Clubs will be submitted, stating that the site selected for a rifle range has been inspected, and that it has been reported as suitable and safe, and that the necessary lease or permissive occupancy has been obtained, also the written consents for firing rights over the land within the danger area.
(b) What expenditure will be necessary, and whether the grant under sub-regulation (1) of Regulation 1171 will be sufficient to enable a suitable range to be constructed.
(c) Whether sufficient provision exists on the Estimates to pay the grant.
Commissions in Reserve Forces.
1139. Commissions as Lieutenants and appointments as non-commissioned officers in the Reserve Forces may be granted to efficient members of Rifle Clubs in the following proportion:—
Clubs having 30 but less than 50 efficient members......... | 1 Sergeant. |
Clubs having 50 but less than 100 efficient members........ | 1 Lieutenant, 1 Sergeant. |
Clubs having 100 efficient members and over............ | 1 Lieutenant and 1 Sergeant for each complete 50 efficient members. |
Provided that the candidates pass the prescribed competitive examination for Lieutenant or Sergeant respectively for Light Horse or Infantry, are medically fit, and between the ages of 18 and 40 years. Provided also that in the case of officers in special cases approved by the Military Board, and in the case of non-commissioned officers in special cases approved by the Commandant, persons may be appointed over the age laid down. Non-commissioned officers of rifle clubs may, subject to above conditions, be appointed by District Commandants.
Composition of Rifle Clubs.
1140. Rifle Clubs shall consist of—
(a) Active members, who shall be designated “Reservists,” and Cable Guard members.
(b) Honorary members.
Classification.
1141. (1) Active members shall consist of those who undertake to serve in the Reserve Forces, and shall include those members granted commissions in the Reserve Forces under the provisions of Regulation 1139. Persons exempt from service in time of war under section 61 (b), (c), (d), (e) and (f) of the Act, and members of the British Army Reserve, may become active members without undertaking to serve in the Reserve Forces.
(2) British subjects may be elected as honorary members by the committee of the Club they desire to join, provided, however, that no honorary member shall have a voice in its management, and under no circumstances whatever is his name to be shown in any list of active members submitted to District Head-Quarters as claiming any privilege or concession allowed to active members.
(3) Officers on the Unattached List, or on the Reserve of Officers List of the Australian Military Forces, and officers holding honorary rank in the Australian Military Forces, who are elected as honorary members, shall be entitled to all the privileges specified for active members.
Cable Guards.
1142. (1) Cable Guards shall be composed of an approved number of active members of any Rifle Clubs in certain defined localities, who shall be liable to be called out for active service
or for the protection of Cable Stations whenever required, and when so called out shall be paid as follows—
Honorary Captain................. | Militia rate of pay as Lieutenant. |
If appointed by Commandant— |
|
1 Sergeant.................... | Militia rate of pay as Sergeant. |
1 Corporal.................... | Militia rate of pay as Corporal. |
Remainder of Guard............... | Militia rate of pay as Privates (Trained Soldiers). |
(2) Members of Cable Guards shall be entitled to all the privileges and concessions of other active members of Rifle Clubs, as prescribed by these Regulations. If more than 30 per cent. of the members of a Cable Guard be non-efficient after the first year of formation such Cable Guard may be disbanded.
(3) The officer commanding a Cable Guard shall, be granted honorary rank of Captain in the Australian Military Forces whilst holding that appointment, and, if an active member of a Rifle Club, shall be entitled to all the privileges specified for active members.
Nearest Club to be joined.
1143. Any person desiring to become a member of a Rifle Club must join the one whose recognised head-quarters are situated nearest to his place of residence, unless authority be granted by the District Commandant for him to join another Club. No person shall join a Rifle Club as an active member whilst he is on the roll of another Rifle Club, or whilst he is undergoing Military training under Part XII. of the Act.
Oath of Allegiance.
1144. (1) Every person who is accepted as an active member of a Rifle Club, with the exception of those persons exempt from service in time of war under section 61 (b), (c), (d), (e), and (f) of the Act, and members of the British Army Reserve, shall take and subscribe before an officer, a justice of the peace, or the Captain of the Club, the oath of allegiance, or affirmation as set forth hereunder:—
Oath.
I swear that I will well and truly serve our Sovereign Lord the King as a member of the Reserve Forces of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law. So help me God.
Affirmation.
I solemnly and sincerely affirm and declare that I will well and truly serve our Sovereign Lord the King as a member of the Reserve Forces of the Commonwealth of Australia, and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained, and that I will in all matters appertaining to my service faithfully discharge my duty according to law.
(2) In the case of those members who undertake to serve in the Cable Guard, the words “Cable Guard” will be inserted in brackets in the oath and affirmation after the words “Reserve Forces.”
Qualification for Membership.
1145. The Captain of each Club shall ascertain that every person fulfils the conditions as to age, and that his vision is sufficiently good and has been tested by the aid of the “Army test types” prior to such person taking the oath.
(3) The Captain of the Club shall thereupon sign the following certificate at the foot of the attestation sheet:—
“I, , do certify that appears to be within the age entered in this attestation form; that his eyesight has been tested by me by the aid of the ‘Army test types’ and appears to be good; and that he is, in my opinion, suitable for service in case of emergency.”
Enrolments subject to approval.
1146. All enrolments shall be subject to the approval of the District Commandant.
Disbandment of Clubs.
1147. If more than 30 per cent. of the active members on the roll of any Rifle Club be non-efficient at any time after the first year of formation, such Club shall be disbanded, unless there are extenuating circumstances which may, in the opinion of the District Commandant, warrant a relaxation of this Regulation.
Resignation.
1148. Except in time of war, any member of a Rifle Club may resign by giving fourteen days’ notice, in writing, to the Captain of his Club, and, on such resignation being accepted, his name shall be removed from the list of members. In the case of members who are in possession of or responsible for any Government property, the same must be returned and delivered in good order to the Captain of the Club to such place as he may appoint, or the value of the article or damage or deterioration paid before the resignation can be accepted.
Death or resignation of members to be notified.
1149. The Captain of a Club shall at once forward to the Supervisor of Rifle Clubs in the Military District in which the Club is situate a notification of the death, departure from the district, or resignation of any member. The District Commandant shall be the “Commanding Officer” of the Reservists within the Military District Absence for a longer period than three months from the locality in which a Club is established shall mean departure from the district, and any member so absent, except on leave obtained from the Commandant of his Military District, shall be liable to be struck off the strength of the Club to which he belongs. Captains of Clubs will be held responsible that members eligible for Military training under Part XII. of the Act are struck off immediately they commence Military training.
Non-efficients for two years to be struck off the roll.
1150. Except in time of war any active member of a Rifle Club who fails to perform the prescribed course of musketry for two consecutive years shall be struck off the roll of the Club by the District Commandant, and shall be ineligible to rejoin a Rifle Club for a period of twelve months from the date of his having been struck off.
Transfers.
1151. (1) Any member on leaving the locality of his Club may, at his own request, made in writing to the Captain of the Club, be transferred to a Club convenient to his intended place of residence, provided that the transfer is approved by the Captain of the Club to which transfer is sought and the District Commandant.
(2) No transfer shall be refused upon the grounds of a member not having complied with any by-law of the Club laying reference to annual subscription or other fees due to the Club.
Dismissal of members.
1152. (1) The District Commandant may dismiss, any member of a Rifle Club for a breach of these Regulations, or for any conduct which, in his opinion, may bring discredit on Rifle Clubs.
(2) Any member of a Club may be recommended by the Captain to be struck off the roll for misconduct or for other sufficient cause, the existence or sufficiency of such cause to be determined by the committee of the Club, and to be approved by the District Commandant.
Orders—how communicated.
1153. All orders and directions with respect to the administration and training of Rifle Clubs and their allotment as Reserves will communicated to the District Commandant by the Adjutant-General, and the District Commandant will issue the necessary orders to give effect to the same.
Members of the Defence Force as honorary members.
1154. No member of another branch of the Defence Force or Senior Cadets may be other than an honorary member of a Rifle Club, except as provided for in sub-regulation (3) of Regulation 1142.
Election of Committee.
1155. Every Club shall elect a committee, consisting of a Captain, secretary, treasurer, and four members; and the property of the Club shall be vested in such committee.
Correspondence and payments.
1156. (1) Correspondence from Rifle Clubs will be addressed to the Supervisor of Rifle Clubs, District Head-Quarters.
(2) When forwarding payments, the same are to be made by bank draft, cheque, post-office order, or postal note payable to the “District Paymaster.” Postage stamps in excess of fivepence are not to be used as portions of remittances.
Maintenance of order and discipline.
1157. (1) Captains shall maintain order and discipline amongst the members of their Rifle Clubs at all rifle practices and other meetings thereof, whether general or committee, and shall be responsible for the proper carrying out of all orders and regulations that may be issued from time to time. It shall be the special duty of the Captain to see that rifle practice is carried out with due precautions to the safety of the public and all concerned; but he may appoint any member of the Club to perform such duties as his deputy when he cannot attend personally.
(2) At all times when members of Rifle Clubs are carrying out training or rifle practice under these Regulations, or rules thereunder, the Regulations for the time being governing the Military Forces shall be taken generally as a guide in all matters of discipline not dealt with under these Regulations. The Captain and the individual members of the committee are to be responsible for the maintenance of discipline and due compliance with these Regulations, and that all mobilization orders and forms supplied for issue as directed are produced for inspection when required. The Captain and secretary should make themselves conversant with these orders.
(3) The Honorary Captain of a Cable Guard shall maintain order and be responsible for discipline amongst its members at such times as it is undergoing military training as specified in paragraph (c) of Regulation 1165, and whenever it may be called out for service.
Legal proceedings.
1158. For the purpose of legal proceedings, all arms, ammunition, or other military articles belonging to or used by any Rifle Club shall be deemed to be the property of the Captain of the Club.
Rules of Clubs.
1159. The standard set of rules approved by the Governor-General shall be the rules for Clubs.
Rifles issued on prepayment and on loan.
1160. (1) Captains of Clubs may, on application, be supplied with rifles and spare parts, &c., for active members of their Club at the prices given from time to time in Military Orders. All supplies required from Ordnance Department are to be prepaid.
(2) Rifles will be sold to active members of Rifle Clubs on a deferred payment system, the conditions of which will be published from time to time in Military Orders.
(3) Rifles will be issued on loan to Rifle Clubs in accordance with such instructions as may from time to time be issued in Military Orders.
(4) The proportion of rifles issued to Rifle Clubs furnishing Cable Guards will be increased to provide for the issue of a rifle to each member of the Guard.
Instalments to be guaranteed by Club.
1161. (1) Rifles will not be sold to members of Rifle Clubs on the deferred payment system unless the Club undertakes to act as guarantor for the due fulfilment on the part of the purchaser of the agreement between the purchaser and the District Commandant.
(2) In cases of non-payment of any instalments when due by any member, or of the breach of any condition of the agreement between the purchaser and the District Commandant, the Rifle Club of which the purchaser is, or was, a member shall be responsible for, and shall, on demand, pay the amount due, failing which the amount shall be deducted from the annual efficiency allowance of the Club, or may be recovered from the Rifle Club by action in any Civil Court of competent jurisdiction.
(3) The Captain of the Club may, in the event of any member failing to pay any instalment when due, require such member to deliver up the rifle to him or any other official of the Club deputed by him to act on his behalf, and may recover such rifle by proceedings in a Court of summary jurisdiction.
Arms to be kept in good order.
1162. Members of Clubs are required to keep their arms and accoutrements in good order, and to produce them for inspection when called upon.
Carriage of rifles.
1163. (1) Rifles, ammunition, and accoutrements, or any other article supplied by the Government, either on purchase, on loan, or free issue, will be delivered, carriage free, at any railway station or seaport in the vicinity of the Club. The Captain of the Club, or, in his absence, a member authorized by him in writing, shall sign the receipt for such, or any other article of Government property issued for the use of members of the Club. He will be held responsible for their safe custody and proper distribution, and will issue no article without obtaining the written receipt of the member to whom he issues it in a book.
(2) When rifles are forwarded by Clubs to Ordnance Store for repairs, the cost of carriage between the nearest port or railway station in the vicinity of the Club will be borne by the Defence Department.
Classification of Efficients and Non-efficients.
1164. Active members, including Cable Guard members, of Rifle Clubs will be classified as “Efficients” and “Non-efficients” on the 30th June of each year, to be reckoned from the 1st of July in each year until the 30th June in the following year.
Requirements for Efficiency.
1165. No active member of a Rifle Club serving under these Regulations shall be entitled to be classified as efficient on the 30th June in any year unless during the twelve months immediately preceding he has fulfilled the requirements hereunder specified:—
(a) Fired through a course of musketry under such conditions as may from time to time be published in Military Orders.
(b) Keeping such arms and accoutrements as may be in his possession clean and in good order, and producing the same for inspection when required.
(c) For Cable Guard members in addition to the requirements set forth in paragraphs (a) and (b) of this Regulation, attendance at sixteen (16) out of twenty-four (24) hours’ drill annually. These drills will be carried out in two periods, each occupying five nights and one afternoon (Saturday or such other day as may be arranged locally). Each drill will be of two hours’ duration.
(d) Members joining a Cable Guard in any year in which the total number of hours of drill available for the year is less than sixteen, attendance at eight hours’ drill, in addition to the requirements set forth in paragraphs (a) and (b) of this Regulation, will be required for classifying as efficients.
Musketry course—when not carried out.
1166. In cases where a Club is prevented from carrying out the musketry course through its rifle range being temporarily closed, the District Commandant may, after due investigation, classify the members of such Club as “efficient,’’ but the number so classified as “efficients” shall not exceed the number of “efficients” of the previous year. In the case of a range for a new Club being temporarily closed, a certain number of members, not exceeding thirty, may, with the approval of the Minister, be classified as “efficient.”
Free issues of ammunition.
1167. The following free issues of ammunition may be granted to Rifle Clubs, subject to the conditions laid down in Regulation 1165.
(a) For each active member—150 rounds for efficiency, 50 rounds for musketry.
(b) For each active member on enrolment, 100 rounds.
(c) For each efficient member of a Rifle Club possessing a miniature rifle range—250 rounds of .22 R.F., or 100 rounds of .230 inch A.T. ammunition annually.
(d) For each member of a Cable Guard who attends the maximum number of hours of drill (twenty-four), as laid down in Regulation 1165—100 rounds.
Free issues of ammunition to be accounted for.
1168. Ammunition issued free annually to Clubs for the use of their members is to be expended during the year for which it is issued. Ammunition is not to be accumulated from year to year. Captains of Clubs will furnish a yearly return on or before the 15th July in each year, showing the balance of efficiency and musketry ammunition on hand, and the unexpended balance of musketry ammunition shall be deducted from the issue for the following year. The unexpended balance of efficiency ammunition shown by the Captain of the
Club on the annual return to be on hand on 30th June may, at the discretion of the District Commandant, also be deducted, or further supplies withheld until the stock on hand is exhausted
Ammunition by purchase.
1169. Each effective active member of a Rifle. Club shall be entitled to purchase 200 rounds per annum, at the rate of 5s. per 100 rounds, for .303 rifles. Members enrolled before the 1st of March in any year may be permitted the same privilege for that year, although not yet classified as efficient.
Disposal of empty cartridge cases.
1170. Captains of Clubs will make arrangements for the collection and sale of empty cartridge cases; the proceeds of such sales will be credited to Club funds, and will be used only for Club purposes.
Grants for Rifle Ranges.
1171. (1) Each new Rifle Club may receive a grant of money for the formation, construction and equipment of its rifle range; provided, however, that the maximum grant allotted to any Club for such purpose shall not exceed £75, except under very exceptional circumstances and on the approval of the Governor-General.
(2) The amount of the grant to each Club shall be governed by the report of the Inspector of Rifle Ranges or other qualified person detailed to carry out the inspection, who, after inspectting the proposed site, will record his opinion as to the probable cost of construction and equipment, taking into consideration local conditions and requirements.
(3) In cases where it may be necessary to reconstruct, alter, or carry out any repair to any existing rifle range, subsequent to 15th November, 1911, or one constructed thereafter, a grant not exceeding £75 may be allowed; but when the cost of such reconstruction, alteration, or repair is estimated to exceed £10, the Inspector of Rifle Ranges or other qualified person may be detailed to inspect such range, and report and record his opinion as to, the probable cost of reconstruction, alteration, or repair.
Grants for construction and repairs.
1172. (1) Grants for the formation, construction, and equipment of rifle ranges will be subject to the following conditions:—
(a) That the land upon which the range is situated is held by the Commonwealth under a permissive occupancy from the Crown; or
(b) If the land upon which the range is situated is private property, that it is held by the Commonwealth under a lease of approved conditions, and of at least five years’ duration; under exceptional circumstances, the Minister may approve of a lesser duration than five years.
(c) All ranges shall be available for the Naval and Military Forces, and Junior and Senior Cadets in the locality, and such Forces and Cadets shall be permitted to use the range at such time or times as may be arranged between the committee of the Club and the officer commanding such units.
(d) That the grant for the construction of a rifle range under sub-regulation (1) of Regulation 1171 having been determined and allotted, and the range having been constructed and opened for rifle practice, no further claim under this heading will be allowed except as provided in Regulation 1176.
(2) Grants for reconstruction, alteration, or repair of Rifle Ranges will be subject to the following conditions:—
(a) The amount of the grant for the reconstruction, alteration, or repair of a rifle range which is situated on private property will depend upon the unexpired tenure held by the Commonwealth over the rifle range site on such property.
(b) A Club having received the maximum grant of £75 for the reconstruction, alteration, or repair of its range, shall not be entitled, except under very exceptional circumstances, and on the approval of the Governor-General, to any further grant.
(c) The reconstruction, alteration, or repair need not necessarily be carried out in any one year, but may extend over any period; provided, however, that the maximum grant shall not exceed £75, except as provided for in the sub-paragraph next preceding.
(3) All grants under the provisions of this Regulation will be subject to the necessary provision being made by Parliament, and will require the certificate of the District Commandant.
Inadequacy of equipment.
1173. Where it is found that a range and equipment used conjointly by a Rifle Club and Military Unit is not sufficiently adequate to meet requirements, and where the existing range accommodation on a Military Range is less than eight target machines, and it is found necessary to increase the accommodation for the use of members of Rifle Clubs, the cost may, with the approval of the Minister, be charged to the Vote “Grants to Rifle Clubs for Ranges.”
Conditions of payment for repairs and maintenance.
1174. (1) Repairs and maintenance will be subject to the conditions which govern similar expenditure on Military Ranges; such repairs may be carried out on the approval of the Military Commandant, and charged to the Vote “Grants to Rifle Clubs for Ranges.”
(2) No money will be paid to a Rifle Club as rent or maintenance in consideration of its range being used by a Military Unit.
(3) No grant will be paid towards the establishment of branch ranges in connexion with any Club except with the approval of the Minister.
(4) No claim for any work carried out on a rifle range without proper authority will be recognised.
District Union Ranges.
1175. Where for the convenience of the different Clubs allotted to any District Rifle Club Union the Rifle Club range selected to be the District Union rifle range requires construction, reconstruction, alteration, or enlargement, a sum of money (in equal proportions from each Club) from the unexpended balance of the grant, as provided, for in sub-regulation (3) of Regulation 1171, lying to the credit of the various Clubs allotted to such District Rifle Club Union may, with the consent of the District Commandant, be expended upon such construction, reconstruction, alteration, or enlargement of the District Union rifle range; provided, however, if the unexpended balance of any Club is insufficient to meet its quota of the expenditure, the additional amount required shall be borne by the remaining Clubs in such proportion as may be determined by
the District Commandant. A debit of all such sums shall be made by the Supervisor of Rifle Clubs against the amount of the grant for each Rifle Club concerned.
Grants—Miniature Rifle Range.
1176. (1) Any Rifle Club which establishes a miniature rifle range may receive a grant towards its construction, subject to provision being made by Parliament, and provided that such grant shall not exceed £30 of any unexpended balance of the grant for the construction of its main range as laid down in sub-regulation (1) of Regulation 1171. If the unexpended balance is less than £30, then only such balance shall be allowed, except with the approval of the Minister, who may, notwithstanding that the balance available is less than £30, authorize a grant not exceeding that amount for an individual club, or where a number of clubs unite for the building of a joint or central range such amount as he may consider expedient.
(2) Any Rifle Club having no main range of its own, and which establishes a miniature rifle range, may, subject to provision being made by Parliament, receive a grant not exceeding £30 towards the construction thereof, or where a number of clubs unite for the building of a joint or central range, such amount as the Minister may consider expedient.
(3) A Rifle Club which has constructed a miniature rifle range under these Regulations may allow any Miniature Rifle Club or Clubs which have affiliated with the Miniature Rifle Association of the Military District in which they are situated to practise and hold competitions on its miniature range on such terms and conditions as may be fixed by the by-laws of the Rifle Club concerned.
(4) In all cases where a grant is made towards the cost of construction of a miniature rifle range an approved tenure to the Commonwealth over the land involved in the site must be obtained.
Return of grants during the year.
1177. The District Commandant will forward to Head-Quarters by the 31st July in each year a return showing the amounts expended under Regulations 1171 to 1176 during the preceding financial year. The return will be prepared by the Supervisor of Rifle Clubs, and checked by the District Paymaster.
Inspection of Rifle Ranges.
1178. (1) An officer or other qualified person may be deputed to inspect as to the suitability of any site which may be proposed, for a new rifle range, or to inspect any completed range, and report thereon as to its safety for rifle practice.
(2) Rifle practice shall not be carried out on any new or reconstructed rifle range until the issue of authority by the District Commandant for the use of such new or reconstructed rifle range.
Military Rifle Ranges available for Clubs.
1179. Rifle ranges which are used by any of the Naval or Military units will be available for the Rifle Clubs in the locality; but as these ranges are under the charge of the officers commanding the local units, Rifle Clubs will only be permitted to use them at such times as may be arranged by the responsible officers.
Ranges to be retained after disbandment.
1180. In the event of the disbandment of a Rifle Club holding a rifle range site under permissive occupancy from a State Government, and it is desired to retain the range for possible future requirements, such site is to be retained on the district register as an existing range, and Head-Quarters notified
accordingly; the targets and other Government property, however, to be available for removal to any other range as may be deemed advisable.
Accidents on Rifle Ranges.
1181. If any accident happen to a marker or to any other person while practice is proceeding on the rifle range, the same must be reported in writing at once by the Captain of the Club to the Supervisor of Rifle Gluts, who will be responsible that the matter is at once brought under the notice of the Commandant.
Musketry certificates and badges.
1182. Every active member classified as a marksman shall be entitled to receive either a certificate or a marksman’s badge for the year in which he becomes a marksman, but such certificates or badges will only be issued on the request of the Captain of the Club, who will state when forwarding the Annual Musketry Return what marksmen’s badges or certificates will be required. The best shot of the whole of the Rifle Clubs in each Military District, and the best shot of each Rifle Club District in each Military District, shall receive, and be entitled to wear, a badge similar to that worn by the best shot in a regiment and company respectively.
Annual and Mobilization returns.
1183. (1) On or before the 15th July in every year, the Captain of each Club shall prepare and forward a return, which shall contain a statutory declaration by him as to its correctness, showing—
The names of all active members of the Club on the 30th June who performed the course of musketry during the year.
(2) Printed forms for the returns will be supplied. No free ammunition will be issued to any Club from which this return and the mobilization return have not been received.
Instruction in drill.
1184. In order to afford opportunities to members to undergo instructions in drill, courses of instruction will be carried out from time to time in such localities and at such centres as may be arranged by District Commandants. Attendance at these courses of instruction will, however, be voluntary on the part of members.
Members may be attached to militia units for instruction.
1185. Any member who so desires may, on the recommendation of the Captain of a Club, and with the approval of the District Commandant, be attached temporarily to any corps of the Defence Force for purposes of instruction. While under instruction, members of Rifle Clubs shall be subject to the same discipline as that imposed upon the members of the corps to which they are temporarily attached.
Efficiency grant.
1186. An efficiency grant of 5s., subject to the necessary provision being made by Parliament, will be made each year for every active member of a Rifle Club, and an additional £1 for every Cable Guard member who fulfils the prescribed conditions and is classified as “efficient” on the 30th June of any year for services performed during the twelve months immediately preceding.
No grant to be made after close of financial year.
1187. Where the financial year has closed, and a Rifle Club has not received its efficiency grant, the reason being neglect on the part of the Rifle Club concerned to comply with instructions issued, or through delay on its part in furnishing returns, no application for payment of such efficiency grant will be entertained.
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Disbursement of efficiency grant.
1188. The following are the services upon which the grant made under Regulation 1186 may be expended:—
(a) Payment of markers for musketry course and any other necessary expenditure in connexion with the musketry course.
(b) Maintenance and repair of rifle ranges and accessories.
(c) Stationery and postage.
(d) General expenses in connexion with the interior economy of the Club.
(e) Affiliation fees of District Rifle Club Unions.
(f) Other expenditure that may be approved by the District Commandant.
Efficiency grants the property of the Club.
1189. Efficiency grants are not to be considered the property of, and cannot be claimed by, any individual, but will be handed over to the Captain of the Club for the purposes of meeting the expenses mentioned in Regulation 1188. In the case of the £1 efficiency grant earned by Cable Guard members, it will be paid to the member concerned.
Efficiency grants—banking arrangements.
1190. The efficiency grant, as soon as it is received from the District Paymaster, will be paid into a bank by the Captain of the Club to the joint account of the Captain and treasurer or secretary of the Club, and will be kept distinct from any private account. A cash-book will be kept, in which will be recorded all sums received and each item of expenditure on the service specified in Regulation 1138. Receipts for all payments shall be obtained, but in respect to amounts not exceeding 5s., a certificate signed by the Captain and secretary of the Club that the amount has actually been paid for the purpose stated may be accepted instead. In respect to moneys to be received from the District Paymaster as repayments, receipts from principals must be furnished.
Efficiency grants—accounts.
1191. The accounts will be balanced on the 30th June of each year, and a statement on the authorized form will be prepared and signed by the Captain and treasurer or secretary of the Club, and will be forwarded to the Supervisor of Rifle Clubs as soon after that date as practicable, but not later than the 30th September. This statement will show the receipts from the Government during the year, and the full expenditure on the authorized services mentioned in Regulation 1188.
Railway travelling.
1102. (1) District Commandants will submit to Head-Quarters for approval their recommendations in regard to rules for railway travelling for members of Rifle Clubs within their Military District. These rules should be framed to bring within the amount allotted the probable travelling that may be required, and should cover—
(i) Free travelling by rail to rifle practice;
(ii) Free travelling by rail, steamer, and coach to rifle competitions;
(iii) Half-fare travelling by rail to rifle competitions.
(2) Before submitting these recommendations District Commandants will consult the Railway Department in their district, and ascertain that they are acceptable.
(3) When approved by Head-Quarters, District Commandants will cause a circular embodying these rules to be issued to all Captains of Rifle Clubs within their Military District, and this circular should state that no concession whatever will be allowed to non-efficient members in regard to railway, steamer, and coach travelling.
Uniform clothing.
1193. A pattern of simple and inexpensive uniform clothing has been approved, but the wearing of same by members of Rifle Clubs shall be optional, except in the case of members of a Cable Guard, who shall be provided with one suit triennially, which shall consist of—
1 Hat |
|
1 Jacket | Khaki. |
1 pair Trousers |
|
Defence Act as a guide in all matters not specially dealt with.
1194. The Defence Act and all Australian Military Regulations will be taken generally as a guide in all matters not specially dealt with in the regulations governing Rifle Club Reserves.
Compulsory retirement.
1195. Members of Rifle Clubs shall retire as active members upon reaching the age of sixty-five years.
Standard Rules.
1196. The following shall be the standard rules of Rifle Clubs referred to in Regulation 1159.
Rules of the Rifle Club.
(1) This Club shall be known as the Rifle Club.
(2) On payment of such entrance fee and annual subscription as may be fixed by the by-laws, any person eligible under the Regulations for membership shall be enrolled as such on being proposed by two members, unless a request is made in writing by the person desirous of being enrolled for a special meeting of the Club to deal with the proposal, when it will be settled by a majority of those members present at the meeting. This rule does not apply to cases of transfer under Regulation 1151.
(3) Life members may be enrolled on payment of a donation to be fixed by the by-laws.
(4) All matters in connexion with a Club shall be managed by the Committee as provided for in Regulation 1155, three to form a quorum. The decisions given by a Committee in connexion with the business of a Club shall be final, provided, however, that the Club may, at a general meeting thereof, by a majority vote, request the Captain to refer any decision of the Committee to the District Commandant, who shall have the right to review any such decision.
(5) The members of the Committee shall be elected at the annual meeting of the Club, which shall be held on such date as may be fixed by the by-laws.
(6) Any member of the Committee being absent without leave for three consecutive meetings of the Committee shall be liable, at the discretion of the Committee, to have his seat declared vacant.
(7) Any vacancy in the Committee, caused either by resignation or enforced retirement under Rule 6, may be filled up by the Committee.
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(8) All meetings of the committee shall be convened by the secretary; but should he fail to do so within seven days after receiving a requisition signed by two members of the committee, any two such members may themselves convene a meeting of the committee.
(9) No meeting of the committee shall be held to have been duly convened unless a written or printed notice be forwarded to each member thereof at least twenty-four hours prior to such meeting.
(10) The annual meeting of the club for the election of office-bearers shall be convened by notice by post to each member, and not less than seven days’ notice shall be given of such meeting.
(11) A balance-sheet, duly audited by two members duly appointed at the preceding annual meeting, shall be laid before the members at every annual meeting.
Should a vacancy or vacancies occur among the auditors, the Committee shall have power to fill the position.
(12) The captain shall preside at all committee and general meetings at which he is present.
In his absence, the members present may elect a chairman for any meeting.
(13) The captain, or a deputy appointed by him, will conduct all correspondence with the supervisor of rifle clubs.
(14) The secretary shall keep minutes of all general meetings of members, and of meetings of the committee, and shall conduct all correspondence ordered by the captain or the committee, and he may, if duly authorized by the captain, act as his deputy.
(15) The subscription of every member shall become due on such date as may be fixed by the by-laws, and no one shall be entitled to the privileges of the club as defined by the by-laws until his subscription be paid; provided, however, that no member can by such by-laws be deprived, for non-payment of subscriptions, of any right given by the regulations or instructions.
(16) No member, by reason of his having been such, shall have any estate or interest in the property of the club other than the right to use the club property at the rifle ranges, in accordance with the resolutions or decisions of the Committee.
(17) A general meeting of the club shall be called at any time by the secretary on receiving a requisition signed by so many members as may be prescribed by the by-laws; the time and object of such general meeting to be notified by post to each member one week previous to such meeting.
(18) Any member may be expelled from the club against whom a vote for his expulsion shall have been carried by a majority of two-thirds of the members present at a meeting specially called to consider the case, due notice of which meeting has been given to the member concerned.
The expulsion of any member shall be at once notified to the supervisor of rifle clubs of the Military District, with a report of the circumstances, and shall be subject to the approval of the District Commandant.
(19) The practice days of the club shall be fixed by the by-laws, but the committee may, on giving due notice to every member, alter the time as they may think necessary, or appoint such other days in addition to the above as may appear expedient.
(20) After providing for the necessary expenses of the club, the committee may expend the balance of any moneys in granting prizes to its members, the rifle matches at which such prizes are to be competed for being duly notified by advertisement.
(21) In addition to the annual subscription, the committee shall have power to exact such entrance fee as may be prescribed by the by-laws from every member who shall compete in a match for prizes, provided always that the entrance fees be devoted to the prize list.
(22) The rules for the matches and club practices, the distances, the conditions of firing, the nature and value of the prizes, and all other details, shall be decided by the committee.
(23) The committee shall have power to frame such by-laws as may from time to time be necessary for carrying on the business of the club; such by-laws shall, however, be subject to approval of the club at a general meeting thereof, and shall be confirmed by the District Commandant.
The by-laws shall not be altered or added to except by a special resolution passed at a general meeting of the club and any alteration or addition shall be subject to confirmation by the District Commandant.
(24) An active member of the club who has been returned as efficient at least six times in the annual return of the club may, on his resignation, become an honorary member of the club without payment of any annual subscription, provided that a resolution to this effect is passed at a general meeting of the members of the club convened for this purpose.
(25) The conditions and regulations of State Rifle Associations shall generally be observed in the matches and practices of the club.
DIVISION 2.—RIFLE ASSOCIATIONS.
Council of Rifle Associations.
1197. There shall be a Commonwealth Council of Rifle Associations of Australia, composed of two representatives from, and elected by, each State Rifle Association, except that in the 1st Military District the Northern and the Southern Associations shall each elect one representative. The Commandant, School of Musketry, shall be a member of the Commonwealth Council of Rifle Associations of Australia, ex officio.
Objects of Council.
1198. The objects of the Commonwealth Council shall be the promotion and conduct of all International and Inter-State Rifle Competitions, and the decision of any question in connexion with rifle shooting which may be referred to it by any rifle association. This Council will act as an Advisory Board to assist the Minister for Defence in any matters affecting rifle shooting upon which he may deem it advisable to have their opinion, and shall also have power to make recommendations to the Minister in respect to the conduct of rifle shooting generally, other than the training of troops, throughout the Commonwealth.
Associations in different districts.
1199. (1) In the 1st Military District there shall be two State Rifle Associations. The area allotted to the Northern Queensland State Rifle Association shall comprise that portion of the 1st Military District north of, and the Southern Queensland State Rifle Association shall comprise that portion of the 1st Military District south of, a line commencing on the eastern coast of Queensland in latitude 22 degrees south; thence westerly by the 22nd parallel to its intersection with Landsborough Creek; thence in a southwesterly direction to the intersection of longitude 143 degrees 20 minutes east, and latitude 23 degrees south; thence westerly by the 23rd parallel to the South Australian border.
(2) In each of the other Military Districts there shall be one State Rifle Association.
Council of Rifle Associations.
1200. (1) Each State Rifle Association shall be governed by a Council consisting of a president, one representative of the Naval Forces nominated by the District Naval Officer, the authorized number of representatives of District Rifle Club Unions, such number of elected members as shall be provided by the rules of the association, and a number of members equal to the number of elected members to be appointed annually by the District Commandant.
(2) The Council shall be charged with the conduct of all rifle matches (other than those laid down by the Military Regulations) and the promotion of rifle shooting generally.
(3) The District Commandant shall be the president, ex officio, and shall preside at all meetings of the Council at which he may be present, but may, if he so desires, at any such meeting delegate such duty to the chairman elected by the Council.
(4) The Council will, as a consultative body, also assist the Commandant in all matters affecting the interests of rifle shooting in the Military District or portion of the Military District, allotted to such association.
District Rifle Club Unions.
1201. In each Military District there shall be established District Rifle Club Unions, and the object shall be to encourage rifle shooting amongst their members. The rules governing such unions shall be approved by the Military Board.
Approval of rules.
1202. The rules of the Commonwealth Council, and of the State Rifle Association Councils, shall be submitted for approval of the Military Board.
Reports to be sent to District Head-Quarters.
1203. All State Rifle Associations receiving a Government grant are required to send to District Head-Quarters a copy, in duplicate, of their annual report.
Reports to District Commandant.
1204. Each such association will also send to the District Commandant, on or before the 30th June in each year, an Annual Report and Return.
Annual competitions.
1205. Officers will, on all occasions, use their utmost endeavours to promote the success of the annual competitions of the various rifle associations. They will promulgate, within the limits of their respective commands, all notices forwarded to them by the Councils of the different associations, and specially direct attention to the date on which returns of entries or other matters are to be rendered. Competitors at rifle meetings will be expected to conform to the regulations under which the competitions are carried out.
PART XXI.—SENIOR CADETS.
DIVISION 1.—ORGANIZATION.
Organization of Senior Cadets. (D.A., 62 (2).)
1206. (1) All persons who have been registered, and are certified to be “fit,” and are not “exempt,” will be allotted by the Area Officer to a Naval or Military Unit.
Provided that in case where at any training locality the medical examination of persons liable to be trained has not been held on or before the date on which such persons are liable to commence their training, such persons will be allotted by the Area Officer to a Naval or Military Unit, and will be required to attend parades pending the holding of the medical examination.
(2) Senior Cadets, not allotted to the Naval Forces, will be organized in battalions, each battalion being raised in a Battalion Area, and numbered according to the number of the Battalion Area in which it is raised.
(3) Battalions will be divided into companies. Companies, where necessary for training purposes, may be further divided into detachments.
(4) Each battalion will be commanded by an officer of the rank of Major or Captain, and an Area Officer will, if possible, be appointed to act as Adjutant.
(5) The number of companies in a battalion will depend upon the number of Senior Cadets in a Battalion Area, and their local distribution.
(6) The establishment of a company shall be as approved by the Military Board.
Detachments at educational institutions.
1207. (1) Educational institutions, having as students thereat not less than sixty Senior Cadets, may be allowed to have separate companies or detachments organized for their training, provided, and so long as, not less than one officer of each company or detachment is a teacher in the institution.
(2) Where teachers are not available as officers for such companies or detachments, other officers may be appointed on the recommendation of the head master, provided that such officers are also appointed to the honorary teaching staff of the institution as teachers of drill.
(3) Such Senior Cadets may be registered in the area in which such institutions are situated, and may be trained therein, notwithstanding that they reside in some other area; but to be entitled to this privilege they must also notify the officer in charge of the training area in which they reside.
(4) On ceasing to be a student at such institution, a Senior Cadet shall be transferred to the training area in which he resides, or, in the case of becoming a student at another institution, may be transferred to the area in which it is situated.
DIVISION 2.—TRAINING.
Annual training required by Act.
(D.A., 127.)
1208. (1) The prescribed training in the Senior Cadets in each year ending the thirtieth day of June shall be—
Four whole-day drills.
Twelve half-day drills.
Twenty-four night drills.
Provided that the duration of a whole-day drill shall not be less than four hours, of a half-day drill not less than two hours, and of a night drill not less than one hour.
Provided also that the number and duration of half-day and night drills may be varied by the substitution of other drills as prescribed of a total duration of not less than forty-eight hours.
Provided also that the Minister may, by Gazette notice, declare that whole-day drills or half-day drills may be substituted for night drills in any districts or localities specified in the notice.
Provided also that in the case of Senior Cadets who reside over two miles from the place appointed for training, attendance for a less number of hours than prescribed above may be allowed to count as prescribed for the full statutory duration of drills, and power may be given to the prescribed officers to grant leave of absence from training required by the Defence Act when the conditions of the weather, by reason of excessive rain or heat, would render attendance a hardship, and equivalent attendance, as prescribed, may be required in lieu thereof.
Variation of programme of parades.
1209. (1) Any proposed variation in the number and duration of parades is to be forwarded to the Brigade Major for approval.
(2) Commanding Officers will issue, one month in advance, a quarterly programme of times and dates of parades, distributing such parades as nearly as possible throughout the year. All such quarterly programmes will be approved by the District Commandant, or Brigade Major, on his behalf.
(3) The programme of parades will specify the dates of the compulsory drills, the number and duration of which shall not, in any one year, exceed the amount of training prescribed for each year by section 127 of the Act, and being of a total duration of not less than sixty-four hours.
Compulsory drills.
(D.A., 135 (1a).
1210. Drills which are specified in the programme of parades as “compulsory” shall be considered as such within the meaning of section 135 (1a) (a) of the Act, and any person liable for training who neglects or refuses without lawful excuse to attend a compulsory drill called for the company or detachment to which he belongs shall be liable to the penalty set forth in the above-named section of the Act. (Sec. 127 (2), D.A.)
Lawful excuse for non-attendance at compulsory drill.
(D.A., 135 (1a).
1211. In order that a Senior Cadet may be considered to have lawful excuse for absence from a compulsory drill, it shall be necessary for him to make representation to his Commanding Officer or Area Officer, and obtain leave of absence before the time of parade. In exceptional cases Commanding Officers and Area Officers are empowered, if they consider the circumstances of the case warrant it, to grant leave of absence to Senior Cadets on written application being made after the date of the parade. (Section 135 (1), D.A.)
Training of Senior Cadets. (D.A., 62 (2).)
1212. (1) The training of Senior Cadets shall be in accordance with section 62 (2) of the Act.
(2) Subject to the above, the details and syllabus of the training shall be as from time to time approved by the Minister and published in Military Orders.
Target practices.
1213. An officer (or a non-commissioned officer of the Instructional Staff) must be present at target practice and
exercise the utmost vigilance to prevent accidents, observing that each Senior Cadet handles his rifle with the care necessary to prevent the possibility of danger to himself and others. The ammunition must be retained in the possession of the officer (or non-commissioned officer of the Instructional Staff), only the requisite number of rounds necessary for the practice being issued, and at the conclusion of the practice every precaution must be taken that none remains in a cadet’s possession. Arms must be examined before the practice commences, also at the conclusion of the firing at each range, and before leaving the ranges. The officer (or non-commissioned officer of the Instructional Staff) in charge will be held personally responsible that all target practices are in every respect regularly carried out at an authorized rifle range, and that the necessary flags, discs, &c., are provided, and in order for use. No Senior Cadet is to be permitted to act as a marker under any circumstances whatever.
DIVISION 3.—REQUIREMENTS OF EFFICIENCY.
Efficiency of Senior Cadets.
(D.A., 133.)
1214. (1) In addition to the compulsory drills specified to be called in these Regulations, a number of alternative drills shall be arranged for the purpose of enabling those who are absent from compulsory drills to, render the personal service required by the Act to enable Senior Cadets to become efficient, and to afford an opportunity to those members who desire to attain a higher standard of military proficiency, and to qualify for promotion.
(2) In order to be classified as efficient, a Senior Cadet is required to attend all the compulsory drills called for the year, provided that a Senior Cadet who obtains leave of absence from a compulsory drill may attend an alternative parade of equal duration in lieu thereof, and such attendance shall count for efficiency in the same manner as attendance at a compulsory drill.
(3) A Senior Cadet who absents himself without leave from any compulsory drill shall (in addition to any pecuniary penalty to which he is liable) in order to become efficient, be required to attend two alternative parades of equal duration in lieu of each compulsory drill missed.
(4) In addition to the attendance required in these Regulations, a Senior Cadet shall be required to attain a sufficient standard of proficiency before being classified as efficient.
(5) Leave of absence may be granted by Commanding Officers or Area Officers, but only in special cases. Such leave will be recorded on the authorized form. (The term “Commanding Officer” shall mean the officer commanding a battalion, or detached company, or detachment of Senior Cadets.) (Sec. 127 (1), D.A.)
Boards to determine efficiency.
(D.A., 133.)
1215. (1) Brigade Majors will appoint Boards consisting of not less than three officers, of whom one shall be the Area Officer, to decide the efficiency of each Senior Cadet.
(2) The decision of the Board shall be certified to by the Area Officer as “the officer appointed in that behalf” by the Act. (Sec. 133, D.A.)
Leave of absence.
1216. (1) Leave of absence may be granted by Commanding Officers or Area Officers when such is necessary, owing to temporary absence from the locality, but the member will, if such
absence is over one month, be required to train with some other convenient unit, unless living at a place which is not within a distance of five miles reckoned by the nearest practicable route from the nearest place appointed for training. Notification of such training performed elsewhere will be made on the authorized form.
(2) Leave of absence may similarly be granted for illness or other unavoidable cause, and in other very special cases. In cases of illness the Commanding Officer or Area Officer may, if he think fit, require a medical certificate.
(3) Certificate of ill-health or inability to attend training should be given by the cadet’s own medical attendant, except under exceptional circumstances, when the Area Officer will arrange with the Area Medical Officer to examine the cadet.
(4) Senior Cadets are at all times liable to be called upon to undergo medical examination.
(5) It is the duty of the Area Medical Officer to attend and report upon all cases of injury or illness contracted on duty.
(6) Except in cases where illness exceeds fourteen days, it shall be necessary for the member to attend alternative parades of equivalent duration to the compulsory parades missed.
(7) All leave is to be recorded on the authorized form.
(8) Persons suffering from venereal diseases or other complaints arising through their own misconduct or neglect, will not be permitted to attend parades until certified by a medical practitioner as fit to undergo training.
(9) When certified as “fit’’ such persons will be required to attend sufficient compulsory and alternative parades to enable them to qualify for efficiency, and any such persons returned as non-efficient will be liable for additional training under section 133 of the Act.
DIVISION 4.—APPOINTMENT AND PROMOTION OF SENIOR CADETS TO BE NON-COMMISSIONED OFFICERS AND OFFICERS.
Appointments and promotions of Senior Cadets (D.A., 62 (4).)
1217. (1) Promotion to the rank of non-commissioned officer and Second Lieutenant shall ordinarily be from those who are serving in the ranks of the Senior Cadets, and the appointments and promotions allotted to those in the next lower grade who are the most successful in competitive examinations.
(2) Candidates with less than two years’ service in the Senior Cadets shall not be promoted to Corporal, or to Sergeant and Second Lieutenant with less than three years’ service.
(3) Brigade Majors will appoint Boards, consisting of not less than three officers, of whom one shall be the Area Officer, to conduct the competitive examination of candidates for promotion up to the rank of Second Lieutenant.
(4) The examination shall be oral and practical. The syllabus of examinations and instructions to Boards will be as authorized in Military Orders.
(5) The appointment of non-commissioned officers shall be made by Officers Commanding Battalions, and their appointment to, and retention of, such office shall be subject to the following conditions:—
(a) That if in the opinion of the Officer Commanding the Battalion a non-commissioned officer is not of
good behaviour, or is inefficient in the performance of his duties, the Officer Commanding the Battalion may, with the approval of the District Commandant, order that the non-commissioned officer shall revert to a lower grade or to the ranks, and thereupon the non-commissioned officer shall so revert; and
(b) If the non-commissioned officer is convicted by a Civil Court for an offence against Parts XII. or XIV. of the Act or of the Regulations thereunder, or is, in pursuance of section 133 of the Act and Regulations 1214 and 1215, declared to be non-efficient, he shall cease to hold office as a non-commissioned officer, and shall revert to the ranks.
Officers, Senior Cadets, liable for service in Militia Forces may continue to serve in Senior Cadets.
(D.A., 62 (8).)
1218. (1) Officers of the Senior Cadets on becoming liable for service in the Militia Forces may, on the recommendation of their Commanding Officers, be permitted by the District Commandant to continue to serve as officers of Senior Cadets, and such service shall be in lieu of service in the Militia Forces. Such officers will be eligible for promotion to higher ranks in the Senior Cadets under conditions which apply to officers not liable for service under Part XII. of the Act.
(2) Officers of Senior Cadets who are so permitted to continue their service with the Senior Cadets will be subject to the same regulations and conditions as regards attendance at practice, efficiency, leave of absence, exemption, and other matters appertaining to their service as other persons serving as Senior Cadets under Part XII. of the Act.
(3) Officers of Senior Cadets who, on becoming liable to serve in the Militia Forces, do not wish to serve with the Senior Cadets; or who are not permitted by the District Commandant to so continue their service, will be allotted to the Militia Forces in the same manner as other trainees are allotted, but before being enrolled in a unit of the Militia Forces they will be required to resign their commissions in the Senior Cadets.
(4) Officers of Senior Cadets permitted to continue their service with the Senior Cadets as above may be paid the allowance for the appointment they hold as provided by Financial and Allowance Regulations.
(5) Officers of Senior Cadets permitted to continue their service as above are eligible to compete at any examination for appointment to the rank of Lieutenant in the Militia Forces.
Transfer of Officers on changing place of residence.
1219. Officers of Senior Cadets may, on changing their place of residence, be transferred to another Senior Cadet unit without loss of seniority or eligibility for promotion. Officers so transferred will not supersede the holders of any appointments in their new unit, but will be appointed to the first vacancy for which they are qualified. Until such vacancy occurs, they will be borne on the roll as supernumerary. Whilst borne as supernumerary such officers may be paid the allowance prescribed for “other officers” by Financial and Allowance Regulations.
DIVISION 5.—OFFICERS GENERALLY.
Appointment of Officers in the event of there not being sufficient qualified candidates under Regulation 1217.
(D.A., 62 (4).)
1220. In the event of there not being a sufficient number of qualified candidates for the rank of Second Lieutenant, and in the case of all higher ranks, the following regulations for appointment shall apply:—
(a) Applications for first appointment to first commissions in the Senior Cadets should be made by candidates on the authorized form to the Commanding Officer of the battalion in which an appointment is sought; the Commanding Officer will forward same with his recommendation to the District Commandant for submission to the Military Board.
(b) First appointments under the regulations will, as a rule, be made to the rank of Lieutenant.
(c) In the event of a candidate who has previously held a commission in the Militia or other Force, the District Commandant, before recommending his appointment to a unit of the Senior Cadets, will obtain a certificate from the candidate’s late Commanding Officer that his services were satisfactory, and that his retirement or resignation did not arise from any matter affecting his character or efficiency.
(d) In the case of a candidate who has previously served in the ranks, the discharge certificate should be attached, or a statement obtained from the officer commanding the corps in which he served that his services were satisfactory.
(e) Officers shall not be usually appointed to the Senior Cadets until they have passed the prescribed examination, but persons who have not passed that examination for any particular rank may be appointed “provisionally” as an officer of that rank.
(f) Officers provisionally appointed must present themselves for examination at the first or second half-yearly examination subsequent to their provisional appointment, except under special circumstances approved by the Military Board, or where a less period is prescribed in these regulations. They must pass at either of such examinations, or the one next following, which, however, must not exceed a period of eighteen months from date of provisional appointment. If successful, and if satisfactorily reported upon by their respective Commanding Officers, the provisional appointments may then be recommended for confirmation.
(g) Officers who fail to qualify as above shall be recommended by District Commandants to be retired, having failed to qualify under section 15 of the Act.
Provided that in time of war, such officers may continue to hold office for such further time (not exceeding a period of eighteen months beyond the termination of the war) as may be approved by the Military Board.
Promotion of officers.
(D.A., 62 (4).
1221. (1) No officer shall be promoted unless he has previously passed the prescribed examination for promotion to such higher rank, except in special cases approved by the Military Board. In such special cases the officer may be promoted provisionally and subject to passing the required examination within twelve months of such provisional promotion.
(2) Recommendations for promotion will be forwarded on the authorized form by officers commanding battalions to District Commandants for submission to the Military Board.
Length of service required before promotion.
1222. Officers of Senior Cadets holding the rank of Second Lieutenant shall not be promoted to the rank of Lieutenant until they shall have had three years’ commissioned service, and officers of Senior Cadets holding the rank of Lieutenant shall not be promoted to the rank of Captain until they shall have served for two years in the rank of Lieutenant.
Notifications, Gazette.
1223. All appointments, promotions, transfers to and from Unattached List and from one Military District to another, retirements, removals, and acceptance of resignations of officers in the Senior Cadets, will be notified by publication in the Commonwealth Gazette.
Examination of Officers, ranks of Lieutenant and higher.
1224. The examination for the appointment and promotion of officers to rank of and above that of Second Lieutenant will be conducted by a Board of Officers appointed by the District Commandant or Brigade Major, on his behalf. The syllabus of examination and instructions to Boards will be as authorized in Military Orders.
Certificates in lieu of examination.
1225. Except in the case of promotion to rank of Second Lieutenant, the following certificates will be accepted in lieu of examination in the subjects for which the certificates were given, for promotion to the next higher rank only:—
(a) Drill.—A “passed” certificate obtained within two years of the date of examination at a School of Instruction for Infantry in lieu of the examination in “Drill.”
(b) Map Reading.—A “passed” certificate obtained within five years of the date of examination at a School of Instruction in Map Reading and Field Sketching in lieu of examination in map reading.
Militia Forces examination.
1226. Officers will also be permitted to qualify for their rank or for promotion by undergoing the examination for officers of the Militia Forces (see Regulation 1231).
Battalion commanders.
1227. Appointments to the command of battalions of Senior Cadets will be made for a term of five years, but the Governor-General may extend such term for further periods, each of which shall not exceed five years.
Age for retirement.
(D.A., 27.)
1228. Officers of the Senior Cadets will be retired on attaining the age of sixty years, but in special cases of an exceptional nature the Governor-General may grant an extension of service for a period not exceeding two years.
Rank on retirement.
1229. Officers who have completed fifteen years’ commissioned service may be granted the privilege of retaining their rank on retirement, and of wearing the uniform of the Senior Cadets, with the addition of the letter R on the shoulder-straps.
Transfers.
1230. Applications for transfer from one battalion to another will be forwarded to District Commandants by the officer commanding the battalion to which the officer wishes to be transferred, accompanied by the recommendation of the officer commanding the battalion from which the officer wishes to be transferred.
Substantive Commission, Militia Forces.
1231. (1) An officer of the Senior Cadets appointed before 1st July, 1914, who qualifies for his rank under the syllabus and conditions which apply to officers of the Militia Forces, may be granted a substantive commission and be shown on the Unattached List of the Militia Forces.
(2) An officer granted a substantive commission under the foregoing sub-regulation will not be permitted to retain it when promoted to a higher rank in the Senior Cadets, unless he shall have qualified for such higher rank, in accordance with the syllabus and conditions which apply to officers of the Militia Forces.
(3) The substantive commission on the Unattached List of the Militia Forces granted to an officer of the Senior Cadets will be withdrawn when such officer ceases to serve with the Senior Cadets.
Transfer to Unattached List.
1232. (1) Officers of the Senior Cadets, provided they have served not less than five years as officers, and are not liable for training under Part XII. of the Act, who have been confirmed in their rank, and who are temporarily unable to discharge the more active duties involved by service in a Senior Cadet Battalion, may be transferred to an Unattached List.
(2) Officers will only be permitted to remain on the Unattached List for a period of five years, and failing to gain a re-transfer to a battalion or corps on completion of this period will be retired.
(3) Officers on the Unattached List will notify District Head-Quarters of any change of address.
(4) Officers on the Unattached List will not be entitled to any free issue of uniform or to any allowance.
Leave of Absence.
1233. (1) In the case of officers not serving under Part XII. of the Act, leave of absence not exceeding three months may be granted by battalion commanders to officers under their command, provided that a sufficient number of officers remain available for duty with their battalions.
(2) Applications for leave not exceeding one year (inclusive of leave specified above) will be submitted to the District Commandant, who may approve of same.
(3) Application for leave beyond the period of one year will be submitted by the District Commandant for the consideration of the Adjutant-General.
(4) Leave of absence to officers serving under Part XII. of the Act will be granted only on accordance with Regulation 1214.
Officers admitted to R.M.C. to resign commissions.
1234 An officer of the Senior Cadets admitted to the Royal Military College of Australia as a staff cadet will be required to resign his commission from a date prior to his attestation in the corps of staff cadets.
DIVISION 6.—DISCIPLINE.
Complaints of Officers.
1235. If an officer of the Senior Cadets thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, he may complain, in writing, to the District Commandant, who is hereby required to examine into such complaint. If he thinks himself wronged by the District Commandant, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof through the proper channel to the Military Board.
Members of Senior Cadet Units subject to Military Law when on duty or in uniform.
1236. (1) Members of the Senior Cadet units shall, at all times, when on duty or in uniform, be subject to military law.
(2) For purposes of discipline a member of a Senior Cadet Unit shall be considered to have been on duty, although not in uniform, in respect to any act done, or omitted to be done, by him in a military capacity, or with intentional reference on his part to his military capacity.
(3) The Australian Military Regulations applicable to the Militia Forces will be taken generally as a guide in all matters not specially dealt with concerning members of Senior Cadet units when on duty or in uniform.
Offences—Application of Regulations dealing with.
1237. The Regulations dealing with military offences and scale of punishments prescribed for the Militia Forces shall, as far as practicable, be availed of and applied to members of Senior Cadet units. Provided, however, that no Senior Cadet shall be summarily dealt with by a Commanding Officer, except as provided for in sub-regulation (5) of Regulation 1217, and shall not be discharged for a military offence or be subject to trial by court martial, but in lieu thereof shall be liable to be brought before a Court of summary jurisdiction.
Use of intoxicating liquors and tobacco.
1238. It shall be an offence for a Senior Cadet to have in his possession any intoxicating liquor, cigarettes, or material for making cigarettes when in uniform, on duty, or on parade, or in any place used for military purposes, nor shall any Senior Cadet be permitted under the like circumstances to use tobacco in any form, or have it in his possession, unless the parent or guardian of such Senior Cadet has notified his consent in writing to the Commanding Officer.
Record books to to be produced when required.
1239. (1) Senior Cadets are required to produce their Record Books whenever called upon to do so by superior authority, and failure to do so shall constitute a military offence.
(2) Any person contravening this regulation is liable to a penalty not exceeding Ten pounds under the provisions of section 85 of the Act.
Replacement of Record Books.
1240. Record Books may be replaced, when so directed, by the Commanding Officer or Area Officer, on payment by the Senior Cadet of a sum of Two shillings, which shall be remitted to the District Paymaster.
DIVISION 7.—UNIFORM AND EQUIPMENT.
Uniform and equipment.
1241. (1) Uniform will be issued free.
(2) The following shall be the articles and the scale of issue of uniform to Senior Cadets:—
Military Shirt, khaki, woollen......................... | One of each on commencement of first year’s service. |
Breeches, cord, woollen, pairs......................... | |
Hat, with band and strap............................. | |
Puttees, pairs.................................... | |
Boots, ankle, brown, Senior Cadets, pairs................. | |
Numeral, brass, ¾ inch.............................. |
(3) Subsequent issues of any article will only be made when the first issue of such article has been outgrown, or has become unserviceable through fair wear and tear, but not more than
two articles of a sort are to be issued during the trainee’s service as a Senior Cadet. Issues of uniform found necessary as above will only be made at intervals of six months, i.e., on 1st January and 1st July of each year.
(4) Officers will be supplied with uniform as follows:—
Military Shirt, khaki, woollen..................... | One of each on appointment, and every third year. |
Boots, ankle, brown, Senior Cadets, pairs............. | |
Breeches, cord, woollen, pairs..................... | |
Hat, with band and strap......................... | |
Puttees, pairs................................ | |
Cap, forage................................. | |
Numeral, brass, inch........................... | One on appointment. |
Jacket, Commonwealth pattern, khaki................ | One of each on appointment, and every sixth year. |
Trousers, Commonwealth pattern, khaki, pairs.......... |
(5) Cadet officers who are trainees may receive a second free issue of any of the above articles if the first issue of such article has been outgrown, but not more than two articles of a sort will be issued within the periods prescribed above for the various articles.
(6) Uniform will be worn at all parades and drills.
(7) The wearing of uniform except when on military duty, or when proceeding to and from parade, is prohibited.
(8) Badges and chevrons of rank will be as prescribed for similar ranks in the Militia Forces, and will be in accordance with patterns approved by the Military Board.
(9) Officers of Senior Cadets may supply themselves privately with breeches, jacket, and trousers, in lieu of receiving the ordinary free issue, and may, on production of sub-vouchers, recover the cost of such clothing, not exceeding the published prices. The payment of such sums shall be entered in the record of clothing issues of the unit, as if the articles paid for had been issued in kind.
(10) Officers provisionally appointed to first commissions in the Senior Cadets, under Regulation 1220, will receive the following articles only, as a free issue, pending confirmation of appointment, viz.:—
Shirt, military, woollen.
Boots, ankle, brown, Senior Cadets, pair.
Breeches, cord, pair.
Hat, with band and strap.
Puttees, pair.
Numeral, brass, ¾ inch.
Equipment.
(11) On confirmation of appointment the additional articles mentioned in sub-regulation (4) of Regulation 1241 will be issued free.
1242. (1) the following equipment will be provided for each Senior Cadet:—
1 Cadet rifle.
1 Protector, fore sight.
1 Sling.
1 Pouch.
1 Waist belt.
1 Numeral.
.303-in. rifles, not exceeding 10 per cent. of the strength, may be issued for use by the elder Senior Cadets who are good shots.
(2) Free ammunition will be issued at the rate of 150 rounds of ball annually for each Cadet firing the Musketry Course during the year. Blank ammunition may be issued in lieu of an equivalent value of ball when required.
(3) Arms will be kept in the Detachment, Company, and Battalion offices or store rooms, and issued to Senior Cadets for parades only.
(4) Ball ammunition is not to be issued to Senior Cadets individually, except when in position to fire, and the Officer in command or non-commissioned officer of the Instructional Staff will be held responsible that no ammunition unfired is allowed to remain in their possession on leaving such position.
System of accounting for Stores.
1243. (1) Area Officers will account direct with Senior Ordnance Officers for the arms, equipment, clothing, and other stores supplied for the use of Senior Cadet units in their respective areas.
(2) Regulations 717 to 726, detailing the general responsibility of Commanding Officers for stores, equipment, clothing, and supplies of any kind belonging to the public, on their charge, also apply to Area Officers.
Disposal of equipment, &c., on transfer.
1244. (1) Senior Cadets transferred from one area to another will take their clothing with them, but will return their equipment prior to transfer.
(2) Any person contravening this regulation is liable to a penalty not exceeding Twenty pounds under the provisions of section 79 of the Act.
Receipt for stores issued.
1245. (1) Receipts for equipment and clothing issued and returned will be recorded in the Issue Book.
(2) When a trainee is transferred to another area the Area Officer will forward a certified statement showing clothing in possession and dates of issue to the Area Officer of the area to which the trainee is transferred. The last-named officer is responsible that he obtains a statement for each trainee transferred to his area. Should the document become lost in transit the Area Officer of the area from which the trainee has been transferred will be required to furnish a duplicate.
Inspection of arms and equipment.
1246. (1) All arms and equipment on charge are to be annually inspected and checked, as arranged by the District Commandant, and a report as to their condition and list of deficiencies (if any) furnished through the Brigade-Major to the District Commandant not later than the 30th June.
(2) Deficiencies will be dealt with as prescribed in Regulations 717 to 726 without delay.
Scale of material for cleaning and preserving small arms.
1247. Material for cleaning and preserving arms (.303-in. and cadet) on charge to Senior Cadets, will be issued annually, as follows, deducting quantities unexpended from previous allowance:—
Materials. | For each 100 stand of arms. | Remarks. |
Oil, lubricating, G.S.......... | 50 pts. | When existing stock of the above oil has been used up, this will be issued alone in place of the three materials above mentioned |
Composition, preserving arms, or a mixture of 95 per cent. mineral jelly, and 5 per cent. beeswax | 2 lbs. | To be applied at least once a year between fore-end and barrel. Within the tropics, 6 lbs. thickened with 3 lbs. beeswax to be applied at least quarterly |
Flannelette, 4 inches wide | 500 yds. | Or an equivalent quantity if the flannelette in stock is not 4 inches wide |
Pull throughs— Cords............... | 100 |
|
No oil, except that supplied from Ordnance Stores, is under any circumstances to be applied to arms.
DIVISION 8.—GENERAL.
Military competitions.
1248. Military Competitions for Senior Cadets as prescribed by the Military Board may be conducted with the object of encouraging voluntary effort in the attainment of a higher standard of efficiency.
Application of Regulations.
1249. The following Regulations also apply to Senior Cadets:—364 to 371, 374, 375, 377, 378, 382, 383, 385, 773, to 790, 792 to 796, 861 to 864.
PART XXII.—MISCELLANEOUS.
DIVISION 1.—ARTILLERY PRACTICE.
General safety precautions.
1250. The general safety precautions to be observed in connexion with artillery practice on sea fronts shall, subject to these Regulations, be those prescribed in “Instructions for Practice Seawards, Royal Garrison Artillery,” published annually.
Public safety, during practice.
1251. (1) For the purpose of section 72 of the Act, a ship, boat, or person shall be deemed to have come or remained within the prescribed distance of a battery or gun engaged in artillery practice, if such ship, boat, or person comes or remains within the following areas:—
For all defended ports, with the exception of Port Jackson, a rectangular area measuring in length 11,000 yards from the battery or gun engaged in practice, in the direction of the line of fire, and in breadth 2 miles, being 1 mile on each side of the line of fire.
For Port Jackson, the area will be a rectangular area measuring in length 15,000 yards from the battery or gun engaged in practice, in the direction of the line of fire, and in breadth 2 miles, being 1 mile on each side of the line of fire.
(2) Similarly the general arrangements for the safety of artillery practice on land ranges shall be those prescribed in “Instructions for Practice, Horse, Field, and Heavy Artillery,” also published annually.
Duty of Commandants and Officers.
1252. (1) District Commandant are responsible for the issue of any detailed instructions for carrying out the principles of these instructions, and also that notices of times and dates of practice are published beforehand, and that such notices state the distances, in accordance with the practice to be carried out, at which ships, boats, or persons must keep.
(2) It is the duty of the officer superintending the practice to satisfy himself that all precautions for safety have been carried out, and that all necessary steps are taken, as far as possible, to prevent misunderstanding or accident.
Prescribed distance to be kept during practice.
1253. For the purpose of section 72 of the Act, a person shall be deemed to have come or remained within the prescribed distance of a battery or gun engaged in artillery practice, if such person comes or remains within a rectangular area measuring in length 8,000 yards from the battery or gun engaged in practice, in the direction of the line of fire and in breadth 4,000 yards, being 2,000 yards on each side of the line of fire.
DIVISION 2.—PROTECTION AGAINST DOMESTIC VIOLENCE.
Application by State for protection against domestic violence.
1254. The application of the Executive Government of a State for protection against domestic violence should, when practicable, state the number of troops required, and for ascertaining this the District Commandant should afford to the Executive Government of the State such assistance as he can give.
Calling out military forces.
1255. When the Governor-General has called out the Military Forces, or any part thereof, in any Military District, for the protection of a State against domestic violence, the District Commandant may take all steps necessary for utilizing those forces accordingly.
Executive of the State to provide accommodation, &c.
1256. The District Commandant will communicate direct with the Executive Government of the State, and will look to such Government to make arrangements for the accommodation, food, and other immediate requirements, and for meeting the troops at the station, or conducting them to the place where their assistance is required.
Calling out of troops to be reported.
1257. When troops are called out to be utilized for protection against domestic violence, the District Commandant is immediately to report the fact by telegraph to the Military Board. The officer commanding the party will report daily the progress of the service on which he is employed to the District Commandant, who will similarly report to the Military Board.
Magistrate to be present.
1258. Arrangements will be made that a magistrate shall meet the troops either at the station, or at some place on the way to the scene of the riot, or apprehended riot, and in the event of the troops being divided so as to act in different places, one magistrate will accompany each detachment of the troops; but in any case where there are more magistrates than one present, one only will act with the officer in command of the whole of the troops.
Disposition of troops.
1259. The officer in command of the troops will consult with the magistrate and with the senior police officer present, and decide as to the disposition of the troops.
Movement of troops and position of magistrate.
1260. The officer in command of the troops is to move the troops to the place to which he may be directed by the magistrate in regular military order, with the usual precautions. He will not permit the troops to be scattered, detached, or posted in a situation where they would not be able to act in their own defence. The magistrate is to accompany the troops, and remain as near the officer in command of the troops as he can.
Proclamation under Riot Act.
1261. In the event of the disturbance amounting to a riot, if the magistrate and troops are both present, it will be the duty of the magistrate, if circumstances permit it, and it has not already been done, to read or cause to be read the “Proclamation” provided for by any law in force in the State relating to riotous assemblies (herein called the “Riot Act”), and to call upon everybody present to assist him in the suppression of the riot.
Importance of proclamation.
1262. The reading of the “Proclamation” under the “Riot Act” is important, both as conveying a distinct warning to the crowd, and as involving the legal consequence that those who do not disperse within one hour are guilty of felony, but it must be understood that to justify the exercise of military
force in the prevention of serious outrage and damage to persons or property, it is not necessary to wait for the proclamation to be read, much less to wait till one hour has expired after it has been read.
Magistrate to request O.C. “to take action.”
1263. If the magistrate comes to the conclusion that the police are unable to cope with the riot, and that the necessity of the case demands the interference of the troops by action, then, whether the “Proclamation” has been read or not, it is his duty at once to request the officer commanding the troops “to take action.” This request should be made distinctly, and, if possible, in writing, although if given by word of mouth it will be sufficient.
Duties of O.C. when requested “to take action.”
1264. When so requested “to take action” it will be the duty of the officer in command of the troops to take such military steps as in his opinion the situation demands. In doing so he will have absolute discretion as to the action to be taken, and as to the arms, including firearms, which the troops shall use, and as to the orders he shall give, including the order to fire. But the magistrate and the officer are each responsible respectively for anything done or ordered by them which is not justified by the circumstances of the case.
Officer has full discretionary power.
1265. If the officer thinks it unnecessary to take immediate action it is not obligatory upon him to do so, nor is he to continue any action longer than he thinks it absolutely necessary.
Commands to be given by the officer.
1266. All commands to the troops are to be given by the officer in command. The troops are not, on any account, to fire except by word of command of their officer, who, if it becomes necessary to order the troops to fire, is to exercise a humane discretion in deciding both the number of rounds and the object to be aimed at.
Warning that fire of troops will be effective.
1267. Officers commanding troops are, on every occasion when employed in the suppression of riots, or the enforcement of the law, to take the most effectual means, in conjunction with the magistrates, for explaining beforehand to the people that, in the event of the troops being ordered to fire, their fire will be effective.
Detachments, how told off.
1268. When the detachment does not exceed 40 men, it will be told off into four sections. If it exceeds 40 men, the detachment will be told off into more sections than four.
Firing by files or sections.
1269. If the officer in command of the troops is of opinion that a slight effort will attain the object, he is to give the command to one or two specified men to fire. If a greater effort is required, he is to give the command to one of the sections to fire; the fire of each of the other sections, if required, will only be given on the regular word of command of the officer in command of the troops.
Where there are more officers than one.
1270. If there are more officers than one with the detachment, and it is necessary for more sections than one to fire at a time, the officer in command of the troops will clearly indicate to the troops what officer is to order any of the sections to fire. No person, except the officer indicated by the officer in command of the troops is to give orders to any file or section to fire.
Serious nature of the duty.
1271. If it becomes necessary to fire, officers and soldiers have a serious duty, which they must perform with coolness and steadiness, and in such a manner as to be able to cease fire the instant it is no longer necessary.
Instructions as to firing.
1272. Care is to be taken not to fire upon persons separated from the crowd. To fire over the heads of a crowd has the effect of favouring the most daring and guilty, and of sacrificing the less daring, and even the innocent.
Magistrate and troops to remain.
1273. The magistrate and the troops will both remain at the place of disturbance, until it is decided by the magistrate and the officer in command of the troops that they can withdraw with safety.
DIVISION 3.—PERMANENT FORCES—INDUSTRIAL DISPUTES.
Industrial disputes.
1274. No member of the Permanent Military Forces shall be ordered or required to do any work or to act in the place of civilians who have refused to work because of some dispute as to wages, hours, or conditions of labour, unless and until the matter has been referred to the Minister, and his consent to the Permanent Military Forces doing such work has been obtained.
DIVISION 4.—ADMISSION TO NATIONAL DEFENCES.
Rules as to persons to be admitted.
1275. The following rules are to be observed in granting permission to visit military works:—
(a) Every practicable facility is to be afforded to officers of the District Defence Committee, and to those who require to visit military works in the performance of their duties.
(b) All who have business in military works are to be required to treat the information they obtain there as confidential.
(c) Persons having no business in military works are to be denied access to them.
Duty of District Commandant.
1276. District Commandants are responsible that no unauthorized person gains admission to any military works in their commands.
Admission without passes.
1277. The following may be admitted without passes to military works (except to position-finding cells, submarine-mining buildings, torpedo buildings, magazines, and storehouses*†):—
(a) Officers and warrant officers of the Naval and Military Forces, when in uniform.
(b) Non-commissioned officers and men of the Naval and Military Forces, when on duty.
Admission without passes to residences within defences.
1278. The following may be admitted without passes to the residential portions only of occupied works:—
(a) Officers, warrant officers, and non-commissioned officers and men of the Defence Force.
(b) Caretakers.
(c) Wives, families, friends, and servants of the residents.
* For instructions as to admission to these buildings, see Regulation 163.
† Ordnance Department magazines and storehouses are not referred to in these Regulations.
Passes required.
1279. The admission of persons to either defensive or residential portions of completed works otherwise than as specified in Regulations 1277 and 1278, will be by pass.
1280. (1) Passes for admission to the national defences are as follow:—
(i) Special pass (white), issued only by the District Commandant and members of the Military Board cells, submarine-mining buildings, torpedo buildings, magazines, and storehouses.*
(ii) District pass Authorized form (white)
„ „ (a) (white and red).
(iii) Visitors pass, authorized form (yellow).
(iv) Works pass, authorized form (red).
(v) Trading pass, authorized form (blue).
(2) Passes (ii), (iii), (iv), and (v) are issued at the discretion of District Commandants under the conditions hereinafter specified. They are bound in books containing 50 each, with counterfoils. The number of passes to be issued is to be kept as low as possible. A lost or misused pass may have the effect of nullifying the precautions taken. If a pass is reported as having been lost or cancelled, instructions should immediately be sent to the works concerned to prevent the pass being improperly used.
White district pass.
1281. The white district pass will be issued to such officers, warrant officers, non-commissioned officers, and men, and members of the staff or engineer services in the command as the District Commandant may authorize to enter military works, and will be applicable in cases where admission is not covered by the rules in Regulations 1277, 1278 and 1285.
Visitors pass.
1282. The visitors pass will not be issued to any person who is not a British subject, unless the sanction of the Military Board has been previously obtained, and any one so authorized to receive a pass can only be allowed to use it when accompanied by an officer. This pass will in no case admit the holder to position-finding cells, submarine-mining buildings, torpedo buildings, magazines, or storehouses.*
Works pass.
1283. The works pass will be issued to authorized workmen. A deposit of 2s. 6d. may be demanded on issue, and will be returned on surrender of the pass, but the exaction of this deposit is left to the discretion of the District Commandant. (See also Regulation 1285.)
Trading pass.
1284. The trading pass will be issued to tradesmen authorized to enter the residential portion of military works.
Prohibition against entrance to certain works.
1285. No person not holding a special pass is to be allowed to enter position-finding cells, submarine-mining buildings, torpedo buildings, magazines, or storehouses,* unless he has special duties to perform which render his admission necessary, in which case the white and red district pass will be issued. These passes, whether held by officers or others, are only avail-
* For instructions as to admission to these buildings, see Regulation 163.
able for admission to the places named thereon. In cases of parties of troops ordered to perform military duty, under proper charge, in any position-finding cell, submarine-mining building, torpedo building, magazine, or storehouse, passes may, at the discretion of the District Commandant, be dispensed with.
Sentries’ orders.
1286. Orders are to be issued directing sentries in the first place to refer the holders of all passes to the non-commissioned officer of the guard, who will carefully examine the passes and retain all visitors’ passes. Sentries will be ordered not to permit the holders of special, district, or visitors’ passes to have access to any of the defences, or the holders of district or works passes to have access to any of the buildings mentioned in Regulation 1285 until they have received the orders of the non-commissioned officer of the guard to do so.
Information not to be given.
1287. Information is not to be given regarding the construction of any of the works, or machinery in connexion with them, except to Australian officers in uniform, to holders of the district and works passes when necessary for the performance of their duty, and to holders of the special pass.
Writing, drawing, photographs, and measurements forbidden.
1288. Except when it is necessary in the performance of duty, holders of passes of any kind are not to be permitted to make any written note, drawing, photograph, or measurement of any work, whether completely constructed or not, nor of any gun, machinery, or apparatus.
Register of visitors to be kept.
1289. (1) In each work or establishment which, in the opinion of the District Commandant, is of sufficient importance to require special safeguarding from observation, a register will be kept in which visitors holding special, district, or visitors passes will be required to sign their names on entering. The custodian of the register is to note in it against the signature of the person admitted the following particulars:—
(a) Date of the visit.
(b) Description of pass and date for which it is available.
(c) Name of the officer issuing the pass and date of issue.
(2) As soon as the particulars have been recorded in the case of a visitors pass (yellow) the pass itself is to be destroyed by the custodian, who will tear it into small pieces and note in the register that he has done so.
Registers to be inspected, &c.
1290. The registers refered to in Regulation 1289 will be inspected by the District Commandant periodically.
DIVISION 5.—COMPETITIONS, MILITIA FORCES.
Military competitions.
1291. Military competitions as prescribed by the Military Board may be conducted with the object of encouraging voluntary effort in the attainment of a higher standard of training in the several arms of the Militia Forces.
DIVISION 6.—RESERVE FORCES LIST.
Reserve Forces List.
1292. Those who have served as warrant or non-commissioned officers, or soldiers, in the Military Forces of Australia for a period of not less than two years, or on active service with Imperial troops, may be enrolled in the Reserve Forces of Australia; and a Reserve Forces List of such members shall be formed in each Military District.
Enrolment.
1293. Applicants for enrolment shall furnish such particulars of service as may be required by the Military Board, and take the oath prescribed by section 42 of the Act.
Resignation.
1294. Members of the said Reserve Forces may resign at any time in accordance with section 41 of the Act, and may be discharged and their names removed from the said List if they fail to register their addresses annually as required by the Military Board.
Employment on active service.
1295. The members of the said Reserve Forces shall in time of war be liable to be called out, individually or collectively, under section 47 of the Act, and employed on active service, notwithstanding that they belong to the classes 2, 3, or 4, enumerated in section 60 (3) of the Act, and may be detailed for duty with any regiment or corps then existing, or formed into new regiments or corps.
DIVISION 7.—USE OF PRIVATELY OWNED LAND FOR MILITARY PURPOSES AND PAYMENT OF COMPENSATION.
Provisions of Act.
1296. Section 69 of the Act prescribes that—
“The Governor-General may give a general or particular authority to the Defence Forces, or any part thereof, to enter upon, and use any lands for training manœuvres, or other naval or military exercises or purposes, and compensation shall be made, in the manner prescribed, for any damage or loss sustained by the owner or occupier of the lands, by reason of such entry or use.”
Policy of Defence Department.
Policy of Defence Department.
1297. The Military Board relies on the co-operation of all ranks to assist in making the Defence Forces popular with the inhabitants, and to minimize the liability for compensation for damage. While it is desired that full advantage should be taken of the section of the Act above quoted, tactful measures should be adopted to conciliate owners, so that whatever areas are required may be proclaimed. Conciliation should be effected by sending an Officer to interview owners, prior to the arrival of troops, to ascertain if they have any special requests to make; by meeting these requests as far as possible; by insuring that no wanton or unnecessary damage is done; and subsequently by promptly paying fair and reasonable claims on the spot.
Proclamation of Areas.
Proclamation of area.
1298. (1) District Commandants will make application to Head-Quarters for the “proclamation” of suitable areas of land for any projected camps, manœuvres, or military purposes. Applications
will include full description of the area boundaries, making due allowance for a “margin of safety,” both as regards the extent of proclaimed areas and the periods of utilization.
(2) The boundaries of proclaimed areas should follow roads or natural features, rather than imaginary lines, so that they may be easily identified. Areas should not usually be proclaimed for a longer period than three months at a time. Applications must reach Head-quarters at least two months before the date fixed for the camp or military exercise.
(3) District Commandants will detail an Officer to interview all owners or occupiers of land within the procliamed area prior to the arrival of troops, and will insure that copies of the proclamation reach all concerned, at least fourteen days before it is proposed to use the area. This Officer must—
(a) Warn all land-owners or occupiers as to the hours and times at which stock should be kept in places of security. A person who, without reasonable excuse, fails to comply with this warning will not be entitled to compensation for any damage caused to his property by reason of his default.
(b) Notify that private valuation of damage by valuers will not be accepted, and that the Military Authorities will only deal direct with land-owners, not with their agents.
(c) Notify land-owners or occupiers by leaving printed or typewritten notices warning them of the need to yard valuable stock (mares in foal, &c.). Landowners can then apply to have certain paddocks placed out of bounds if need be.
(4) All proclamations under section 69 of the Defence Act submitted by the District Commandant should distinctly prescribe:—
(a) The authority to whom claims should be submitted.
(b) The period within which claims should be submitted.
Dealings with Land-owners, &c.
Dealings with land owners.
1299. For the convenience of the owners and occupiers, arrangements should be made to deal with claims at convenient centres, which should be notified to all concerned. An Officer should remain behind at each camp or bivouac after the departure of the troops, to go over the ground and settle details regarding the claims to be made by the owner.
Assessment of Claims, &c.
Assessment of claims.
1300. (1) When an area is proclaimed, the District Commandant will appoint a Board to deal with claims for damage occasioned by troops, and to assess the amount of compensation. All claims must be submitted to the officer in charge of the camp within 72 hours of the commission of the damage.
(2) This Board will be convened in accordance with Regulation 727 et seq., and will include an officer qualified to assess the damage, an officer, if possible a resident in, or personally acquainted with, the proclaimed area, and a representative of the District Paymaster.
(3) Claims for compensation will be investigated during or immediately after the camp or manœuvre, the amount to be paid will be assessed and the claim passed to the District Paymaster’s representative, who will pay same.
(4) Individual claims for compensation, not exceeding £20, approved by the Board, and agreed to by the owner, may be paid by the District Paymaster’s representative during or at the conclusion of the camp. Individual claims in excess of £20 will be referred to the Military Board, with recommendation; a full statement of the case being forwarded with the application immediately after the camp.
(5) Claims which cannot be settled by agreement between the claimant and the Board will be referred with recommendation of the Military Board, as in sub-regulation (4) of this Regulation.
(6) Claims will be made out on the annexed pro formâ, to which a statement will be attached, showing exactly the nature of the damage, and how the amount payable is arrived at.
(7) The President of the Board will keep a careful record of all damage reported and claims recommended for payment, and will send same to the District Paymaster,
Duties of Officers Detailed to Interview Land-owners and Occupiers.
Interviews with land-owners and occupiers.
1301. (1) The Officer who is detailed to interview owners or occupiers of land prior to the arrival of troops, will make himself personally acquainted with the owners or occupiers of land within the proclaimed area, and will inform them as to the procedure of making claims and the times within which same are to be rendered. He will take notes and record the condition of crops, fences, gates, orchards, &c., before the arrival of the troops, so that he may be able to form a correct opinion as to the extent of any damage done. He will also, if necessary, arrange to make gaps or mark existing gates, so as to minimize the cutting of fences by troops.
(2) The Officer who interviews the owners or occupiers is responsible for informing the President of the Board in good time of any paddocks, inclosures, or localities from which the troops should be excluded. The President of the Board will cause such localities to be clearly marked by red flags before the troops arrive, and the fact notified in orders to all concerned.
Responsibility for Damage.
Responsibility for damage.
1302. (1) Every Officer of the Defence Force is responsible for reporting as soon as possible any damage done by his order, or by men under his command, and for preventing troops entering any paddocks which have been marked as “out of bounds.” Commanding Officers of regimental units are responsible for collecting these reports, and forwarding them to the President of the Board at the earliest moment, so that the latter may be in a position to check the claims as they come in. Any Officer failing to comply with this instruction will be held personally responsible to make good the damage.
(2) Every endeavour must be made to insure that the individuals responsible pay for wilful, neglectful, or unnecessary damage, such as the picking of fruit, or cutting gaps in a red-flagged paddock fence; or cutting unnecessary gaps in close proximity to gates, or loss caused by leaving gates open.
Orders to the Troops.
Order to troops exercising in proclaimed area.
1303. (1) Special orders on the following subjects will be issued to the troops by District Commandants before the commencement of military exercises in proclaimed areas. If properly carried out by responsible officers, such orders will keep down needless claims for compensation.
(a) Damage and loss of fruit, garden produce, or farm produce from allotments, gardens, orchards, or farm lands.
(b) Cutting or damage to trees.
(c) Destruction or damage to hedges and fences of all kinds.
(d) Nuisances in woods, &c.
(e) Officers’ batmen (especially when in charge of their masters’ horses).
(f) Improper restoration of latrines, ashpits, &c.
(g) Clearing up of camps.
(h) Leaving broken glass.
(i) Duty of Commanding Officers, to report damage done by troops or civilians.
(k) The closing of gates or openings into fenced areas.
(2) Gaps cut in fences must be temporarily closed after use, in order to prevent stock straying, and care must be taken to shut gates for the same reason. Parties for this purpose will be told off prior to manœuvres commencing. Officers failing to do this will be held personally responsible for damage.
(3) As the employees of civilian contractors often commit damage, especially in respect to broken bottles and glass, contractors should be cautioned on such points, and a penalty clause inserted in their contracts.
Cutting Hedges and Wire Fences.
Cutting hedges and fences.
1304. (1) Cutting gaps in hedges and fences, including wire fences, will only be resorted to when absolutely necessary, and then only by order of the senior officer on the spot. Much unnecessary expense will be saved by the observance of this rule.
(2) When preparing camping grounds, only authorized service experts, such as Engineers, &c., should be employed in cutting wire fences, or opening gaps in natural fences, and damage so done should be repaired at the earliest practicable moment.
(3) The senior Officer on the spot should, when practicable, detail the Engineers to repair damage done by troops. When this would materially interfere with the training of the troops, or for other reasons it cannot be arranged, it may be found economical to make a contract with a fencer or carpenter to repair all the minor damages.
(4) In every case where damage has been done to hedges and fences, it will be immediately reported to the President of the Board, giving nature, date, place, time, &c., and he will at once inspect the damages, and note them for record.
Regimental Exercises and Bivouacs.
Exercises and bivouacs.
1305. (1) Proclamations are not necessary in the case of regimental exercises or week-end camps or bivouacs.
(2) Officers in charge of these must obtain permission in writing to use the land required, and must take steps to insure that no damage is done.
(3) In the case of any unforeseen or accidental damage occurring, for which it seems just that payment be made, full particulars, with a recommendation, will be immediately referred to the District Commandant, who may authorize the payment of compensation not exceeding a sum of £20; where claims exceed £20, the District Commandant will forward same, and full particulars thereof, to Head-Quarters.
Military Surveys.
Surveys.
1306. (1) Notice that a claim will be made for damages alleged to have been sustained by reason of any member of the Australian Survey Corps, or person employed in connexion with the Australian Survey Corps, having entered upon any lands and made military surveys thereon, must be submitted in writing to the District Commandant within seven days after the date on which the damages are alleged to have been sustained, and, if not submitted within such time, no claim for damages will be recognised.
Provided that if the lands on which such damages are alleged to have been sustained are situated more than 50 miles from District Head-Quarters, notice of a claim may be recognised if posted to the Commandant within seven days after the date on which the damages are alleged to have been sustained, although not received by the Commandant until after such seven days.
(2) When notice is received that damages will be claimed, Commandants (except in cases where the amount claimed does not exceed £5, or where the Commandant for any reason considers that it is unnecessary to obtain full particulars) will request the claimant to fill in a claim in the pro formâ annexed.
(3) The District Commandant may, if he sees fit, authorize the payment of compensation not exceeding £5 in any case of damage in which the officer in command of the Australian Survey Corps in the District certifies that the damages were caused in the course of military surveys by a member of the Australian Survey Corps, or person employed in connexion therewith, and that the amount to be paid is reasonable compensation for the damages.
(4) The District Commandant may, if he sees fit, authorize the payment of compensation not exceeding £20 in any case of damage in which an officer appointed by the Commandant to make inquiry certifies that the damages were caused by a member of the Australian Survey Corps, or person employed in connexion therewith, and that the amount to be paid is reasonable compensation for the damages.
(5) Cases in which the amount to be paid exceeds £20 will be referred to a Board of Inquiry for report, and the proceedings of the Board will be forwarded to Head-Quarters.
(Pro forma referred to in Regulations 1300 (6) and 1306 (2).)
MILITARY MANŒUVRES OR SURVEYS.
Particulars of Claim for Damages.
Claims in respect of damage done by troops must be submitted to the officer in charge of the camp within 72 hours of the commission of the damage, and, in the case of damage done by Military Survey Party, to the District Commandant within seven days.
Persons making false or fraudulent claims for damage will render themselves liable to be proceeded against according to law.
1. From (name of claimant in full, and whether owner or tenant)———————————
2. Farm or pastoral property, or other description...———————————
3. Full postal address........................———————————
4. Place where damage occurred...............———————————
5. Date upon which damage occurred............———————————
6. Nature of damage, specified fully, and in order for easy identification. (If space is insufficient, the statement can be put upon a separate sheet of paper) ———————————
7. Amount of compensation claimed, and how assessed———————————
8. Names of any witnesses to damage............———————————
9. Name of owner or landlord from whom the land is held———————————
10. Nature of tenancy, annual or otherwise........———————————
11. Date of expiration of lease or agreement.......———————————
I [name in full] declare the above to be a just and true statement of the damage enumerated therein, and that the same was done by troops or Military Survey Party.
Signature of Claimant———————————
Signed at————————————————
Date——————————————————
For Use of Compensation Board only.
*Amount of compensation assessed in respect of:—
| £ s. d. |
—————————————————— —————————————————— —————————————————— —————————————————— ——————————————————
|
|
Total............................ | £ |
Remarks:— |
|
Signature of President of Board —————————————————— —————————————————— | |
Signature of Members of Board —————————————————— —————————————————— | |
* In case the compensation cannot be immediately assessed, an entry will be made “Not yet assessed.”
DIVISION 8.—REQUISITIONING VEHICLES, ETC.
Requisitioning vehicles, etc.
1307. (1) In time of war the Governor-General may issue a general authority to the Minister of Defence authorizing him to issue an authority to such persons as the Minister thinks fit to requisition such number and kind as the Minister specifies of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval and military purposes.
(2) Upon receipt by any person of such an authority from the Minister, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority, and may, in pursuance of the said authority, by writing under his hand, require any owner of any of such articles or animals to deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.
(3) The compensation payable to an owner in respect of any articles (other than molybdenite, wolfram, or scheelite) or animals requisitioned in pursuance of this Regulation shall, in default of agreement, be assessed, in the first instance, by a Board of three persons appointed by the Minister, and be determined by the Minister, subject to an appeal to any Judge of the Supreme Court of a State, who may finally determine the amount of compensation, and make such order as to costs as he thinks fit.
(4) The compensation payable to an owner in respect of any molybdenite, wolfram, or scheelite requisitioned in pursuance of this Regulation shall, in default of agreement, be assessed by the Minister on the basis of the agreement made between His Majesty’s Government and the Government of the Commonwealth of Australia for the acquisition of molybdenite, wolfram, and scheelite.
Vehicles required to carry warlike stores.
1308. (1) If the master, owner, charterer, or agent of any vessel is required by any authorized officer to carry any warlike stores from any port in Australia to any port to be called at by the vessel on her voyage, and tenders such stores for carriage, the master, owner, charterer, or agent of the vessel shall (unless the vessel is not reasonably able to carry such stores) receive such warlike stores on the vessel, and carry them accordingly.
(2) If the vessel in respect of which any warlike stores have been tendered for carriage leaves the port without shipping such stores, the master, owner, charterer, and agent of the vessel shall severally be liable to a penalty not exceding Twenty pounds, unless such master, owner, charterer, or agent proves to the satisfaction of the Court that the vessel was not reasonably able to carry such stores.
(3) Any authorized officer may detain any vessel which he believes is about to depart from any port without shipping any warlike stores which have been tendered for carriage, and keep her so detained until such warlike stores have been shipped thereon, or until he is satisfied that the vessel is not reasonably able to carry such stores.
(4) The owner of the vessel or the charterer, if the vessel is under charter, shall be entitled to be paid freight at such reasonable rate as is agreed upon, or, in default of agreement, is settled by arbitration.
(5) In this regulation “authorized officer” means any officer charged with the duty of shipping warlike stores for use of any naval or military force, and includes any officer appointed by the Minister to be an authorized officer for the purposes of this Regulation; and “warlike stores” means food, clothing, equipment, forage, and other stores for use by any naval or military force.
DIVISION 9.—AMALGAMATION OF THE NEW AND OLD MILITIA FORCES
Where recruits shall be drawn from.
1309. As far as possible, and with the exceptions hereafter noted, the units of the Militia Forces shall be recruited from those liable to training under Part XII. of the Act, but—
(a) Soldiers serving in the Militia on 30th June, 1912, may continue to serve until the termination of their term of enlistment;
(b) Warrant and non-commissioned officers of the Militia and bandsmen may, subject to the approval of the Military Board, be permitted to re-enlist on and after 1st July, 1912; and
(c) In units and detachments of Light Horse, situated at places where no training is conducted under Part XII. of the Act, or when there is an insufficient number of persons liable for training who are willing to serve as Light Horse, soldiers may be re-enlisted, and persons not liable to be trained may be voluntarily enlisted, under sections 35 and 38, inclusive, of the Act, as directed by the Military Board, in order to maintain the Peace Establishment.
DIVISION 10.—ESTABLISHMENTS.—MILITIA FORCES.
Establishments.
1310. Notwithstanding the issue of any “Establishments” of units, all members of the Militia Forces may be paid according to their rank in cases where such establishment is exceeded, but, in the case of ranks higher than that of private, no further promotion to such rank shall be made until such supernumeraries are absorbed, and if the excess be—
(a) In the commissioned ranks | No further appointments as officers will be made unless the total authorized establishment of officers of the unit will not be exceeded thereby, and if the excess be in a rank higher than that of lieutenant, any corresponding vacancy that may occur in the next lower rank will not be filled until such excess officer has been absorbed. |
(b) In the rank of warrant officer, or of non-commissioned officer of or above the rank of sergeant (exclusive of farrier-sergeant, collarmaker-sergeant, saddler-sergeant, wheeler-sergeant, and armourer-sergeant) | No further appointment or promotion to these ranks will be made unless the total establishments of such ranks will not be exceeded thereby; and if the excess be in a rank higher than that of sergeant, any corresponding vacancy that may occur in the next lower rank will not be filled until such excess warant or non-commissioned officer has been absorbed. |
(c) In the rank of N.C.O. below the rank of sergeant | No further appointments or promotions will be made to the rank in which the excess exists unless the total establishment of the N.C.O. ranks below the rank of sergeant will not be exceeded thereby. |
DIVISION 11.—FALSE REPRESENTATION OF AUTHORITY.
False representations of authority.
1311. Any person who falsely represents himself, whether by word, act, or conduct, as being authorized by the Defence Department or any officer thereof, to do any act or thing on behalf of or in the interests of the Department, or who misleads or attempts to mislead any person by any unauthorized representation as to any act or intended act on the part of the Commonwealth Government, the Department of Defence, or any officer thereof in relation to any matter concerning the defence of the Commonwealth or the administration of the Defence Department, shall be guilty of an offence, and shall, on conviction by a court of summary jurisdiction be liable to a penalty not exceeding Twenty pounds, or imprisonment, with or without hard labour, for a period not exceeding three months.
DIVISION 12.—DEFENCE CONTRACT AND SUPPLY BOARD.
1312. (1) There shall be a Defence Contract and Supply Board constituted as follows:—
Regular Members.
Contract and Supply Board.
An Officer representing the Secretary, Department of Defence, to be, appointed by the Minister, who shall be Chairman of the Board.
An Officer of the Quartermaster-General’s Branch at Head-Quarters, to be appointed by the Minister, who shall be Deputy Chairman of the Board.
A Permanent Officer of the Department of Defence to be appointed by the Minister.
(2) In addition to the Regular Members, the Minister may appoint from time to time any officers or persons to act as consultative members on the Board.
Chairman to preside.
1313. The Chairman shall preside at all meetings of the Board, or, in his absence, the Deputy Chairman.
Convening of meetings.
1314. Meetings of the Contract and Supply Board shall be convened by the Chairman, or, in his absence, the Deputy Chairman, but no business shall be transacted unless two Regular Members be present.
Functions of Board.
1315. The functions of the Contract and Supply Board shall be—
(a) On receipt of a contract demand from the Quartermaster-General, duly approved by the Minister, or such Officer as may be authorized to approve on his behalf, to arrange for the purchase of the supplies enumerated therein by inviting public tenders, or by quotation, or otherwise.
(b) To direct District Commandants as to the manner in which Provisions, Forage, Fuel, Cartage, Camp and Barrack Services (except Engineer Services), and supplies which are to be purchased within the limits of the District concerned, are to be arranged for.
(c) To arrange contracts or supplies for Government Factories and the Royal Military College, when directed by the Secretary, Department of Defence.
Provided, however, that no tender or quotation shall be accepted nor purchase made by the Contract and Supply Board, the amount of which exceeds £2,500 unless the Minister’s approval be first obtained, save and except that in the case of contracts for Provision, Forage, Fuel, and Cartage, which are to be ordered as required during a specified period, the Contract and Supply Board may, without reference to the Minister, accept any tender or quotation, the value of the supplies to be obtained under which, based on the estimated requirements, does not exceed £10,000.
Chairman may enter in to contracts.
1316. The Chairman of the Contract and Supply Board, or in his absence, the Deputy Chairman, shall, on behalf of the Commonwealth Government, enter into contracts approved by the Board, provided, however, that the Board may authorize District Commandants to enter into contracts for supplies and services referred to in paragraph (b) of Regulation 1315.
Questions to be referred to Board.
1317. Questions connected with the acceptance of tenders or purchase of stores which affect the policy of the Government for the time being are to be referred to the Minister by the Contract and Supply Board.
Secretary to Board.
1318. There shall be a Secretary to the Contract and Supply Board who shall be appointed by the Governor-General, and who shall keep minutes of the proceedings of the Board, and perform such other duties as the Board may direct.
Examiner of Stores and Equipment.
Examiner of stores, etc.
1319. The Examiner of Stores and Equipment shall perform his duties under the direction of the Secretary, Department of Defence, but shall be in direct communication with the Contract and Supply Board.
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