Australian Military Regulations 1916 (Amendment)

Overview

The Australian Military Regulations 1916, published as Statutory Rules 1917 No. 297, were enacted by Sir Arthur Lyulph Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution. These regulations were made with the advice of the Federal Executive Council under the Defence Act 1903-1917. They were designed to address the need for clear procedures and hierarchies within the Australian military, particularly regarding the appointment and ranking of Instructional Staff and Non-Commissioned Officers. The policy objective was to establish a structured and merit-based system for the selection and promotion of military personnel, ensuring that appointments and promotions were based on qualifications and performance, while also maintaining discipline and command structures within the military ranks.

Scope and Application

The Australian Military Regulations 1916, as amended by Statutory Rules 1917 No. 297, pertain to the Defence Act 1903-1917 and apply specifically to the personnel of the Military Forces. This legislation governs the procedures for filling vacancies on the Instructional Staff at military schools, stipulating that candidates must pass a qualifying examination and satisfy the Chief of the General Staff regarding their qualifications. Furthermore, the regulations detail the order of precedence among Warrant and Non-Commissioned Officers, affecting their ranks and command authority within the military hierarchy. Notably, certain Warrant and Non-Commissioned Officers are restricted from assuming command roles on parade or duty, although they retain full disciplinary authority. This legislation encompasses the entire Commonwealth of Australia and is enforced by the Governor of the State of Victoria, acting as the Deputy of the Governor-General, in accordance with the Federal Executive Council's advice. The regulations do not explicitly mention any exclusions, exemptions, or thresholds but imply that the outlined procedures and ranks are mandatory for all eligible personnel within the Military Forces.

Key Provisions

The Australian Military Regulations 1916 have been amended to change the process for filling Instructional Staff vacancies and to introduce a new order of precedence for Warrant and Non-Commissioned Officers. Regulation 173 (3) now states that vacancies will be filled by successful candidates according to their merit in the qualifying examination and their qualifications approved by the Chief of the General Staff. Candidates who do not secure an appointment after completing their training will be discharged. Those who are appointed will be on probation for one year as Acting Staff Sergeant-Major, after which they may be promoted or discharged based on their performance. Regulations 195 and 196 have been repealed and replaced with a new order of precedence and a table of ranks associated with specific appointments. This new order provides a hierarchy for Warrant Officers, Class I and II, as well as Non-Commissioned Officers, and it also specifies that certain Warrant and Non-Commissioned Officers do not have command authority except over those specifically under their orders. The Regulations impose several obligations on the parties and entities they govern. Successful candidates for Instructional Staff must pass the qualifying examination and satisfy the Chief of the General Staff regarding their qualifications. Non-Commissioned Officers of the Permanent Forces holding certain ranks at the time of the Regulations coming into effect will retain their seniority for promotion purposes. Warrant and Non-Commissioned Officers with an asterisk against their names do not have command authority over others, except when specifically ordered. The classification for pay does not affect the classification for command and precedence. The new order of precedence and the table of ranks associated with appointments also establish clear expectations for the roles and responsibilities of different ranks within the Military Forces. The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, failure to secure an appointment on the Instructional Staff after completing training results in discharge from the school. Additionally, Warrant and Non-Commissioned Officers against whose names an asterisk is placed may face disciplinary action if they assume command without specific orders. The precise consequences of such actions would depend on the context and the relevant military law or regulations in place at the time.