Australian Military Regulations 1916 (Amendment)

Overview

The Australian Military Regulations 1916 were amended by the Statutory Rules of 1917, No. 220, to address the need for a dedicated Physical Training Instructional Staff within the Australian Military Forces. This amendment, enacted by the Governor-General in accordance with the Defence Act 1903-1915, sought to formalise the establishment of the Physical Training Instructional Staff, ensuring a structured approach to the training and oversight of physical fitness within the military. The regulations aimed to define the roles, qualifications, and conditions of service for personnel in this new division, thereby enhancing the efficiency and effectiveness of physical training programs across the military.

Scope and Application

The Australian Military Regulations 1916, as amended by the Statutory Rules 1917, No. 220, establish provisions for the establishment and duties of the Physical Training Instructional Staff within the Australian Military Forces. This new Division 5a applies to officers appointed to this staff, specifically including the Chief Instructor and other instructors and assistant instructors as determined by the Military Board. These officers, if appointed prior to 1 July 1914 or holding a commission in the Militia Forces before that date, may be granted a substantive commission on the Unattached List, subject to meeting the qualifications and conditions applicable to Militia officers. However, officers granted such substantive commissions will not retain them upon promotion unless they meet the required syllabus and conditions for the higher rank. Additionally, the regulation exempts officers of the Physical Training Instructional Staff from the age retirement rules outlined in Australian Military Regulation 152, instead setting their retirement age at sixty years. The duties of these officers are determined by the Military Board, and these regulations apply nationally, as they are made under the Defence Act 1903-1915.

Key Provisions

The main operative sections of this regulation establish the Physical Training Instructional Staff as part of the Instructional Staff of the Australian Military Forces (Section 58a(1)). This staff may include a Chief Instructor and any number of instructors and assistant instructors, as determined over time (Section 58a(2)). Officers on this staff may be recommended for Honorary Commissions in the Permanent Forces, as decided by the Military Board (Section 58a(3)). Additionally, officers appointed before 1st July 1914, or holding a commission in the Militia Forces, Senior or Junior Cadets on the date of their appointment, may receive a substantive commission on the Unattached List, provided they meet the syllabus and conditions applicable to Militia officers (Section 58a(4)). Such officers must also qualify for their rank according to the same syllabus and conditions and may not retain their substantive commission if promoted to a higher rank without qualification (Section 58a(5)). The age for retirement for these officers is set at sixty years, exempting them from the general retirement age rule (Section 58a(6)). The duties of the Physical Training Instructional Staff are to be determined by the Military Board (Section 58a(7)). The regulation imposes several obligations on the parties involved. It requires the Military Board to determine the number of instructors and assistant instructors and their specific duties (Section 58a(2) and (7)). It mandates that any officers recommended for Honorary Commissions must meet the criteria set forth by the Military Board (Section 58a(3)). For officers appointed prior to 1st July 1914, or holding a commission in the Militia Forces, the regulation stipulates that they must qualify for their rank according to the syllabus and conditions for Militia officers to receive and retain a substantive commission (Section 58a(4) and (5)). Furthermore, these officers must comply with the conditions prescribed in Australian Military Regulation 143 to retain their substantive commission (Section 58a(4)). Failure to comply with the provisions of this regulation may result in civil or criminal consequences. While the regulation does not explicitly state penalties, non-compliance with military regulations generally could lead to disciplinary action, which may include fines, demotion, or dismissal from service. The severity of the penalty would depend on the nature and extent of the breach, as well as the specific regulations and disciplinary procedures in place at the time. Additionally, any misconduct or breach of duty could have legal ramifications under other relevant legislation governing the Australian Military Forces.