Australian Military Regulations 1916 (Amendment)

Overview

The Statutory Rules of 1918, No. 168, issued under the Defence Act 1903-1917, are Regulations that were enacted to bring about immediate changes to the Australian Military Regulations 1916. The objective of these amendments was to address issues arising from the administration and recognition of military service during the First World War. The Regulations were made by the Governor-General in the Federal Executive Council, with the authority of G. F. Pearce, the Minister of State for Defence. The primary policy objective was to facilitate the re-enlistment of soldiers who had been discharged with good character and to recognise their prior service for purposes such as good conduct pay and specific medals. These amendments aimed to streamline the process and criteria for recognising and rewarding the service of Australian soldiers.

Scope and Application

The Statutory Rules 1918 No. 168, made under the Defence Act 1903-1917, are regulations that apply to the Australian Military Forces and Expeditionary Forces raised under the Defence Act. These regulations amend the Australian Military Regulations 1916 and come into operation immediately. They are applicable to soldiers of the Permanent Forces, specifically those who have been discharged with a 'good' character and subsequently re-enlist within two years. The regulations affect the calculation of good conduct pay and eligibility for the Medal for long service and good conduct, as well as the Medal for meritorious service, by allowing these soldiers to count their previous service in the same regiment or corps towards these awards. The amendments also modify specific regulations to adjust the handling of declarations and custody of original documents, without requiring proof of handwriting. These regulations have a national reach, applying throughout the Commonwealth of Australia and extending to all relevant military personnel within the specified timeframes.

Key Provisions

The key operative sections of these Regulations under the Defence Act 1903-1917 primarily focus on amending the Australian Military Regulations 1916. Section 1 modifies Sub-regulation (2) of Regulation 733, replacing the term "record" with "declaration". This change likely pertains to the manner in which certain official documents or statements are to be made. Section 2 introduces an amendment to Regulation 735a, clarifying that the provision applies even without proof of the handwriting of the officer or evidence of their custody of the original document. Lastly, Section 3 revises Regulation 1108 to allow a soldier who is discharged with a "good" character and subsequently re-enlists within two years to count their previous service towards good conduct pay and eligibility for specific medals. This provision is effective from 9th May 1918. The Regulations impose certain obligations and requirements on military personnel and administrative officers. For instance, the change in Regulation 733 (Section 1) requires officers to make declarations rather than records, which may affect the documentation process within the military. Regulation 735a (Section 2) requires that certain documents or statements be accepted without needing to prove the handwriting of the officer or their possession of the original document, which simplifies verification procedures. Additionally, Regulation 1108 (Section 3) introduces a benefit for soldiers who re-enlist within two years of being discharged with a good character, allowing them to count their previous service towards good conduct pay and medal eligibility. This requirement necessitates accurate record-keeping and verification of service periods and character assessments. Breaches of these Regulations, although not explicitly stated in the provided text, may have legal implications under the Defence Act 1903-1917 or other applicable laws. For instance, failure to comply with the documentation requirements in Regulation 733 or 735a could potentially lead to administrative penalties or disciplinary actions within the military. The benefits outlined in Regulation 1108 could be subject to misuse if soldiers falsely claim their character or service records. Although the specific penalties are not mentioned in the Regulations, they may include fines, administrative sanctions, or other disciplinary measures as per the Defence Act or relevant military codes.