Australian Military Regulations 1916 (Amendment)

Legislation au C1917L00205 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1917. No. 205.

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REGULATION 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 Regulation under the Defence Act 1903-1915 to come into operation forthwith.

Dated this 22nd day of August, 1917.

R. M. FERGUSON.

Governor-General.

By His Excellency’s Command.

G. F. PEARCE.

Minister of State for Defence.

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Regulation 825 of the Australian Military Regulations dated 28th July, 1916 (Statutory Rules 1916 No. 166) is repealed and the following new Regulation substituted in lieu thereof: —

825. (1) It is provided by Section 133 of the Act that—

“At the termination of each annual training in the Senior Cadets and Citizen Forces, each member shall be classified by the officer appointed in that behalf as ‘efficient’ or ‘non-efficient.’ Those who are classified as non-efficient, either for failure to attend during the prescribed period, or because they have not attained a sufficient standard of efficiency, shall be required to attend an equivalent additional training for each year in which they are non-efficient.”

(2) Members of the Senior Cadets or the Citizen Forces liable for training under Part XII. of the Act who at the termination of any year of training have been classified as “non-efficient” owing to failure to attend during the prescribed period may attend in subsequent years in addition to the annual training for such years additional training equivalent to the training in which they are deficient for the year for which they have been classified “non-efficient”, and after the performance of such additional equivalent training the Board appointed to determine the efficiency for the current year shall consider such additional training and may then classify such persons as “efficient” for the year for which they had been classified as “non-efficient” and the officer appointed under Section 133 of the Act may enter such classification in the authorized form: provided however that no person shall so be classified as “efficient” who failed to attend the prescribed period of continuous training during the year for which he was classified “non-efficient” except he shall have attended additional continuous training equivalent to any continuous training which he failed to attend. Commanding officers will be responsible for insuring that the necessary arrangements are made for full opportunity being given to members of their command to attend the additional equivalent training.

C.10161.—Price 3d.


(3) In cases where members of the Senior Cadets or Citizen Forces have at the termination of any year of training been classified as “non-efficient” through failure to attain a sufficient standard of efficiency, but have attended for the prescribed period of that year, and have been classified as “efficient” for a year subsequent to that year, the Board appointed to determine efficiency may at the line of the latter classification classify such persons as “efficient” for the previous year or years for which they have been classified as “non-efficient” provided that the standard of efficiency of the latest year shall be equal to the standard required from persons who have served the same number of years that those whose cases are under consideration have served, and the officer appointed under Section 133 of the Act may enter such classification in the prescribed form.

(4) Members of the Citizen Forces shall not be subsequently classified “efficient” as in paragraphs 2 and 3 above unless they shall have completed the prescribed musketry course for the year for which they were originally classified as “non-efficient” should such year have been during the period of training in the Citizen Forces

(5) Persons liable for training under Part XII. of the Act who have, at the termination of any year of training, been classified as “non-efficient” and have not subsequently been classified as “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” then recorded against them together with such further similar entries as may be recorded after such additional trainings.

(6) Paragraphs 2, 3 and 4 of this Regulation will take effect as from the 1st July 1912.

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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 1917 No. 205, made under the Defence Act 1903-1915, were enacted to address issues related to the classification and training of members in the Senior Cadets and Citizen Forces. This regulation was made by the Governor-General in Council and came into operation immediately upon issuance. The Defence Act 1903-1915 provided the legal framework for the regulation of military forces, and these statutory rules were intended to refine and clarify the procedures for classifying members as "efficient" or "non-efficient" at the end of their training periods. The overarching policy objective was to ensure that members who did not meet the required standards of efficiency could be given additional opportunities to achieve competency, while also maintaining a structured approach to the training and classification process.

Scope and Application

The Regulation under the Defence Act 1903-1915, made by the Governor-General in Council, applies to members of the Senior Cadets and the Citizen Forces who are liable for training under Part XII of the Act. These members are subject to classification as 'efficient' or 'non-efficient' at the termination of each annual training, with specific procedures outlined for those classified as 'non-efficient' due to failure to attend or insufficient standard of efficiency. Such individuals must attend additional equivalent training in subsequent years and may be reclassified as 'efficient' if they meet the required standards. The regulation further specifies conditions for reclassification based on attendance and performance, with additional requirements for completing a musketry course in certain circumstances. This regulation has a national reach as it is issued under Commonwealth authority, and it extends its application through subordinate instruments, ensuring compliance across all relevant entities within the defence forces.

Key Provisions

Regulation 825 of the Australian Military Regulations, as outlined in the Statutory Rules, provides specific requirements and procedures for the classification of members of the Senior Cadets and Citizen Forces following their annual training. Section 133 of the Defence Act 1903-1915 mandates that each member must be classified as either 'efficient' or 'non-efficient' by the appointed officer at the end of the training period. Those classified as 'non-efficient' due to failure to attend or not meeting the required efficiency standards must undergo additional training equivalent to the missed training in subsequent years. This additional training must be completed before the individual can be reclassified as 'efficient' for the year in question. The regulation places specific obligations on commanding officers to ensure that members have full opportunities to attend the required additional training. Members of the Citizen Forces must also complete the prescribed musketry course for the year they were classified as 'non-efficient' to be subsequently reclassified as 'efficient'. Furthermore, members who remain 'non-efficient' until they turn 25 must undergo additional annual trainings equivalent to the number of 'non-efficient' entries recorded against them. These provisions ensure that all members meet the required standards of efficiency before being reclassified. The failure to comply with the requirements set forth in Regulation 825 can result in severe consequences. Those who do not complete the additional training required may continue to be classified as 'non-efficient', which can impact their military career progression and opportunities. The regulation underscores the importance of attending and successfully completing all required training periods to maintain an 'efficient' status. Non-compliance with these provisions may lead to disciplinary actions or further administrative reviews by the appointed Board.

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Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Classification & Certification
Training Requirements

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