STATUTORY RULES.
1919. No. 23.
REGULATIONS UNDER THE DEFENCE ACT 1903–1918.
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 1903–1918, to come into operation forthwith.
Dated this twenty-ninth day of January, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
For Minister of State for Defence.
Amendment of the Australian Military Regulations 1916.
The Australian Military Regulations 1916 are amended as follows, to take effect as from 1st January, 1919:—
(1) Regulation 97 is repealed and the following regulation made in lieu thereof:—
“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 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 rank of Major.”
(2) Regulation 98 is repealed.
(3) Next after regulation 851 the following regulation is inserted:—
“851a. (1) In this regulation ‘authorizing officer’ means the Minister, a District Commandant, or the Officer-in-charge of Base Records.
(2) An authorizing officer may, on the application of any person—
(a) who is the father, mother, or wife of a soldier; or
(b) who satisfies the authorizing officer that he has a bonâ fide interest in ascertaining any facts or particulars regarding the military history of a soldier,
authorize information as to the medical or other military history of the soldier being given to the person.
(3) Every application under this regulation shall be in writing, and shall contain such particulars as are required by an authorizing officer.
(4) An authorizing officer may require any applicant to support his application by such evidence of good character or otherwise as the authorizing officer considers necessary.
(5) An authorizing officer may authorize information to be given to an applicant either unconditionally or subject to such conditions as the authorizing office specifies.
(6) Any person who makes any untrue statement in any application under this regulation or in any statement or declaration in support of any application or who having received information subject to any condition fails to comply with that condition (whether such condition is by way of promise or otherwise) shall be guilty of an offence.
Penalty: Twenty pounds.
(7) No action or proceeding, civil or criminal, shall lie against any member of the Defence Force nor against any person employed by the Defence Department by reason of the fact that he has in pursuance of this regulation disclosed information by authority of an authorizing officer.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1919, No. 23, made under the Defence Act 1903–1918, were introduced to amend the Australian Military Regulations 1916. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations aimed to update certain provisions regarding the service and rank progression of quartermasters within the Australian military, as well as to regulate the disclosure of military information. This legislative instrument seeks to streamline the process of rank promotions for quartermasters and to control the dissemination of sensitive military information, ensuring that it is only released to individuals with a legitimate interest or relationship to the soldier in question.
Scope and Application
The Statutory Rules 1919, No. 23, made under the Defence Act 1903–1918, establish specific amendments to the Australian Military Regulations of 1916, effective from 1st January 1919. These regulations govern the military service of quartermasters, stipulating that those who have served as Lieutenants or Honorary Lieutenants for five years may be promoted to Captain, and after a further ten years of commissioned service, during which they have held the rank of Captain or Honorary Captain for five years, may be promoted to Major. Additionally, the regulations introduce provisions for the release of military history information, allowing an authorizing officer, which includes the Minister, a District Commandant, or the Officer-in-charge of Base Records, to disclose a soldier's medical or military history to a person who is a parent, spouse, or otherwise has a bona fide interest in the soldier's history, upon written application. These provisions ensure that such disclosures are conditional and may be subject to specific terms set by the authorizing officer, with penalties for providing false information or failing to comply with the conditions of disclosure.
Key Provisions
The Regulations under the Defence Act 1903–1918 primarily focus on amending the Australian Military Regulations 1916, with specific changes taking effect from 1st January 1919. Notably, Regulation 97 has been repealed and replaced with a new regulation that provides for the promotion of Quartermasters within the Defence Force. Under this new regulation (97), Quartermasters who have served five years as Lieutenants or Honorary Lieutenants may be promoted to the rank of Captain, and those who have served ten years in commissioned service, including five years as Captain or Honorary Captain, may be promoted to the rank of Major (Regulation 97). Regulation 98 has also been repealed, and a new regulation (851a) has been inserted to govern the disclosure of military history information about soldiers.
The obligations imposed by Regulation 851a require an authorizing officer to determine the eligibility of an applicant to receive information about a soldier’s medical or military history. The authorizing officer, who may be the Minister, a District Commandant, or the Officer-in-charge of Base Records, must consider whether the applicant is a parent, spouse, or has a bona fide interest in the soldier’s military history. To facilitate this process, applicants must submit a written application containing the required particulars and any necessary evidence of good character. The authorizing officer can grant permission for the disclosure of information either unconditionally or under specified conditions, which must be adhered to by the recipient.
Failure to comply with the conditions set for the disclosure of information or making any false statements in an application or supporting documents constitutes an offence under Regulation 851a. The penalty for such an offence is a fine of twenty pounds. Importantly, Regulation 851a also includes a provision that immunizes any member of the Defence Force or Defence Department employee from any civil or criminal action for disclosing information pursuant to this regulation, provided that the disclosure was made with the authority of an authorizing officer.