STATUTORY RULES.
1920. No. 179.
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 seventh day of October, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
GRANVILLE RYRIE,
for Minister of State for Defence.
Amendment of The Australian Military Regulations 1916.
The Australian Military Regulations 1916 are amended as follows:—
(1) Regulation 348 is repealed and the following regulation made in lieu thereof:—
348. (1) “When a person liable to be trained under Part XII. of the Act has completed the service required of him, the Officer prescribed by regulation 863 (e) or 864 (f) shall certify in the Record Book and the Record documents retained by the Department that the person has completed the Military Service required of him and that such service has been “satisfactory” or “unsatisfactory”.
(2) An entry to the effect that the service has been “satisfactory” shall only be made when the following conditions have been fulfilled by the person concerned:—
(a) He has not been classified as non-efficient on more than one occasion during his Citizen Force Service.
For the purpose of this paragraph a person shall not be considered efficient for any year for which he has been classified non-efficient notwithstanding that he has subsequently been classified efficient owing to his having attended additional equivalent training for that year.
(b) (i) Either he has not incurred a total of more than six entries in Tables XI. and XII. of his Record Book during his Citizen Force Service, but the number of entries allowable shall be reduced by one for each year during which he has been exempted from the whole of the training or the whole of the training has been suspended;
(ii) or, he has not incurred any entries in Tables XI. and XII of his Record Book during the last three years of his Citizen Force Service, in which he has performed the prescribed training.
(3) Where a person liable to be trained under Part XII. of the Act has served in an Expeditionary Force abroad and has been discharged therefrom for reasons other than disciplinary or medical unfitness due to his own default, has completed the service required of him under the Act, an entry that his service has been “satisfactory” shall be made notwithstanding anything contained in sub-regulation (2) above.
(4) An entry of “unsatisfactory” service shall be made in respect of all persons liable to be trained under Part XII. of the Act, who, on the completion of the service required of them do not fulfil the conditions prescribed in sub-regulations (2) or (3) above.
(2) Regulation 863 is amended by adding the following paragraph:—
“(e) for discharges and certificates an Area Officer or other Officer appointed by the District Commandant”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1920 No. 179, made under the Defence Act 1903-1918, was enacted to amend the Australian Military Regulations 1916, specifically addressing the criteria and procedures for certifying the satisfactory completion of military service by individuals liable to be trained under Part XII of the Act. The Regulations were made by the Governor-General in Council and came into operation immediately upon their issuance. This legislative instrument was aimed at providing clarity and structure to the certification process for military service completion, ensuring that the criteria for a satisfactory service record were clearly defined and uniformly applied. The policy objective was to maintain an efficient and disciplined military force by accurately documenting the service performance of individuals, thereby facilitating informed decisions regarding their future roles within the military framework.
Scope and Application
The Regulations under the Defence Act 1903-1918, as amended, apply to individuals who are liable to be trained under Part XII of the Act, specifically relating to Citizen Military Forces. These Regulations are applicable within the Commonwealth of Australia and govern the conditions under which a person’s military service is deemed satisfactory or unsatisfactory. The Regulations detail the criteria for making such determinations, including the permissible number of non-efficient classifications and entries in Record Books. Additionally, the Regulations cover the process for certifying the completion of military service by an appropriate Officer, who may be an Area Officer or another Officer appointed by the District Commandant. Notably, the Regulations also make specific allowances for individuals who have served in an Expeditionary Force abroad, providing an exception for satisfactory service under certain conditions. These provisions are intended to ensure a comprehensive and fair evaluation of military service within the Australian Defence Force.
Key Provisions
The Regulations under the Defence Act 1903-1918, as outlined in Statutory Rules 1920 No. 179, make specific amendments to the Australian Military Regulations 1916. Regulation 348, which pertains to the certification of military service, is repealed and replaced with new provisions. Specifically, section 348(1) requires an Officer, as prescribed in regulations 863(e) or 864(f), to certify in the Record Book and the Record documents retained by the Department that a person has completed their required military service and whether it was "satisfactory" or "unsatisfactory." This certification is crucial for individuals who have completed their Citizen Force Service under Part XII of the Defence Act.
The obligations imposed by these Regulations are clear and detailed. For a person's military service to be certified as "satisfactory," they must meet several criteria. Firstly, they should not have been classified as non-efficient more than once during their Citizen Force Service (section 348(2)(a)). Secondly, they must have incurred no more than six entries in Tables XI and XII of their Record Book during their Citizen Force Service, with certain reductions for exempted years (section 348(2)(b)(i)). Alternatively, they should have no entries in Tables XI and XII during the last three years of their service if they have performed the prescribed training (section 348(2)(b)(ii)). Exceptions are made for those who have served in an Expeditionary Force abroad and were discharged for reasons other than disciplinary or medical unfitness due to their own default (section 348(3)). Failure to meet these conditions results in an "unsatisfactory" service entry (section 348(4)).
In terms of consequences for non-compliance, the Regulations do not explicitly state penalties for breaches. However, given the importance of these certifications for official military records and potential future employment or recognition, any failure to meet the criteria could have significant administrative and possibly reputational consequences. Additionally, section 863 is amended to include an Area Officer or other Officer appointed by the District Commandant for discharges and certificates (section 863(e)). These provisions ensure that only authorised personnel handle the certification and documentation process, maintaining the integrity of military service records.