Australian Military Regulations 1916 (Amendment)

Overview

Statutory Rules 1917 No. 187, enacted under the Defence Act 1903–1915, addresses the need to revise regulations concerning the honorary ranks granted to officers upon their retirement from military service. This regulation was made by the Governor-General in Australia, acting on the advice of the Federal Executive Council, to formalise the conditions under which officers could retain or be granted honorary ranks. The overarching aim of the regulation is to recognise and honour the service and achievements of officers within the military forces by providing them with the right to wear their Corps uniforms with certain modifications post-retirement, thereby maintaining a link between the officer and their former service.

Scope and Application

This statutory rule, made under the Defence Act 1903-1915, sets out regulations concerning the honorary rank and retention of rank for officers upon retirement from the Australian military. The regulation applies to officers who have served in the Permanent, Militia, or Volunteer Forces and provides for the granting of honorary ranks or retention of rank based on the duration of commissioned service, subject to recommendation by the Military Board. Notably, it excludes officers who retired before 1st July 1917 from its application. The regulation also extends to officers who were granted temporary ranks during wartime, allowing them to retain honorary ranks based on their wartime appointments. The regulation applies across the Commonwealth, reflecting its national scope and ensuring a consistent approach to military honours and rank retention. The regulation is enforceable nationwide and can be supplemented by subordinate instruments to further detail specific conditions or applications.

Key Provisions

The primary operative sections of this regulation (Regulation 154) provide for the granting of honorary ranks to officers upon retirement, and the retention of ranks for eligible officers. Specifically, officers who have completed a certain number of years of commissioned service in the Permanent, Militia, or Volunteer Forces, and have been recommended by the Military Board, may be granted honorary ranks (subsection (i)). Additionally, officers who have held temporary war-time ranks of brigadier-general, major-general, lieutenant-general, or general for a specified period, or who retired while holding such ranks, may be granted honorary ranks of brigadier-general or major-general respectively (subsection (ii)). It is important to note that these provisions do not apply to officers who retired before 1 July 1917 (subsection (iv)). Under this Act, officers who meet the service qualification criteria and have been recommended by the Military Board are entitled to the specified honorary ranks or the retention of their ranks upon retirement. The regulation also provides that officers who have held certain temporary war-time ranks for a specified duration, or who retired while holding such ranks, are eligible for the honorary ranks of brigadier-general or major-general respectively, subject to the recommendation of the Military Board. The regulation does not apply to officers who retired before 1 July 1917. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this regulation for breach. However, it is possible that failure to comply with the recommendations of the Military Board could result in officers not being granted the honorary ranks or rank retention to which they may be entitled. It is also possible that there may be administrative or procedural consequences for not following the requirements of the regulation, although these are not specified in the text.