Australian Military Regulations 1916 (Amendment)

Legislation au C1918L00122 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1918. No. 122.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1917.

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 1903-1917 to come into operation forthwith.

Dated this fifteenth day of May, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Amendment of the Australian Military Regulations 1916.

After regulation 18 the following division and regulation are inserted:—

Division 4a.Deputy Judge Advocate-General.

18a. (1) The Governor-General may appoint a Deputy Judge Advocate-General.

(2) The Deputy Judge Advocate-General shall be attached to the staff of the Adjutant-General.

(3) No Deputy Judge Advocate-General shall hold office for more than four years unless re-appointed.

(4) The duties of a Deputy Judge Advocate-General will be:—

(a) To act as Judge Advocate at such Courts Martial or trials by court-martial as he shall be appointed to or for.

(b) To examine and advise upon the proceedings of such trials by court martial as shall be referred to him.

(c) To advise the Military Board and the Adjutant-General upon such questions of military law as shall be referred to the Deputy Judge Advocate-General.

Regulation 60 is amended by deleting the words “of the Australian Army Medical Corps and”.

After regulation 77 the following new division and regulations are inserted:—

Division 7a.Appointment to First Commission, Promotion and Service in the Australian Army Medical Corps.

77a. (1) First appointments, in the case of registered medical practitioners not liable to undergo compulsory training under section 125 of the Act, will be made to the rank of Captain (provisionally).

(2) Persons liable to undergo compulsory training under section 125 of the Act may on becoming registered medical practitioners be recommended for appointment as officers with the rank of Lieutenant (provisionally).

 

 

77b. When a registered medical practitioner is appointed as an officer under the provisions of Regulation 77a (2) he will be allotted to a Field Medical Unit for duty. Provided that in cases where this is impossible owing to distance of residence from a training centre or where no vacancy exists in the authorized establishment such officer shall be supernumerary and will attend a Camp of Continuous Training and perform such other duties of the Army Medical Service as may be ordered.

77c. (1) District Commandants will appoint Boards to carry out the theoretical and practical examination for confirmation of provisional appointments to commissioned rank up to and including the rank of Captain.

(2) Examinations for promotion to any rank higher than that of Captain will be conducted under instructions from the Director-General, Australian Army Medical Services.

77d. (1) Persons who have been appointed as officers under the provisions of Regulation 77a (2) and who have completed their service in accordance with the provisions of Regulation 77b will, on reaching the age of 26 years, be taken to have completed their period of compulsory service.

(2) on reaching this age any such person may—

(a) be promoted to the rank of Captain (provisionally) should there be a vacancy on the authorized establishment; or

(b) be placed on the Australian Army Medical Corps Reserve with the honorary rank of Captain; or

(c) resign his commission.

After regulation 1019 the following new division and regulations are inserted:—

Division 2a.Australian Army Medical Corps.

A.A.M.C. Reserve.

1019a. All members of the Australian Army Medical Corps Reserve are liable to be called out for military service, and may on approval of the Military Board be employed on medical duties as required.

1019b. The Australian Army Medical Corps Reserve is composed as follows:—

(1) Officers.

(a) Medical Officers on the Reserve of Officers, Australian Military Forces List.

(b) Duly qualified and registered members of the medical profession.

(c) Duly qualified and registered members of the pharmaceutical profession.

(d) Duty qualified and registered members of the dental profession.

(e) Masseurs willing to be enrolled in the Australian Army Medical Corps Reserve, and recommended by the District Principal Medical Officer.

(f) Science section for such men skilled in any of the sciences allied to medicine, and not holding medical qualifications.

(g) Quartermasters.

(2) Other Ranks.

(a) Discharged members of the Army Medical Corps, Australian Imperial Force, and Australian Army Medical Corps who will retain rank held on discharge.

(b) Dispensers—to hold rank of Staff Sergeant.

(c) Dental Mechanics—to hold rank of Staff Sergeant.

(d) Masseurs—to hold rank of Staff Sergeant.

(e) Others with special knowledge of some branch of medical science, but not legally qualified medical practitioners—to hold rank of Staff Sergeant.

(f) Members of recognized ambulance societies and special trades—to hold rank of Corporal and Private.

1019c. Honorary rank on first appointment may be conferred on persons mentioned in Regulation 1019b (1), (b), (c), (d), (e) and (f) as follows:—

(a) Consultants—Honorary rank of Colonel or Lieutenant-Colonel.

(b) Senior Executive Hospital Staffs—Senior Specialists—Honorary rank of Major.

(c) Junior Executive Hospital Staffs—Honorary rank of Captain.

(d) Personnel for other Army Medical Services—Honorary rank of Captain.

(e) Senior Pharmacist in each Military District—Honorary rank of Captain.

(f) Pharmacists—Honorary rank of Lieutenant or Captain.

(g) Senior Dental Surgeon—Honorary rank of Captain or Major.

(h) Dental Surgeons—Honorary rank of Lieutenant or Captain.

(i) Masseurs—Senior Masseur in each Military District—Honorary rank of Lieutenant.

(j) Science Section—Honorary rank of Lieutenant or Captain.

Australian Army Nursing Service.

1019d. All members of the Australian Army Nursing Service are liable to be called out for military service and may, on the approval of the Military Board, be employed on nursing duties, as required.

1019e. Members of the Australian Army Nursing Service will be appointed by the Director-General, Australian Army Medical Services.

Any member may resign from such service or her appointment therein be terminated at any time by the Director-General Australian Army Medical Service.

1019F. A candidate for appointment in the Australian Army Nursing Service must be a British subject between 21 and 40 years of age and single or a widow, and must have had not less than three years’ training and service in medical and surgical nursing in a duly recognised civil general hospital.

1019G. Members of the Australian Army Nursing Service will be graded as follows: —

(a) Matron in Chief.

(b) Principal Matron.

(c) Matron.

(d) Sister in Charge.

(e) Sister.

(f) Staff Nurse.

1019h. Members of the Australian Army Nursing Service shall be retired at the ages set forth in the following table, but in special cases the prescribed age for retirement may be extended for a period not exceeding two years:—

Matron in Chief,

Principal Matron, 50 years.

Matron,

Other Members, 45 years.

1019j. The appointment of any member of the Australian Army Nursing Service who marries will terminate from the date of marriage.

Regulation 1155 of the Australian Military Regulations 1916 is repealed and the following regulation made in lieu thereof:—

“1155. Every club shall elect a committee, consisting of a captain secretary, treasurer, and four members, such election to be subject to the indorsement of the District Commandant, and the property of the club shall be vested in such committee.”

After Regulation 1210 the following regulation is inserted: —

1210a. A Senior Cadet employed on piecework shall be paid by his employer for any time he is absent from employment for the purposes of training, except the training required of the Cadet for failure to become efficient or while undergoing confinement for an offence, at the rate per hour of his average hourly earnings while employed on piecework during his working hours for his employer during the three months preceding the absence for the purposes of training, or, if the Cadet has not been employed for three months, during the period for which he has been employed:

“Provided that where owing to the shortness of the period of employment or the casual nature of the employment or the terms of the employment it is impracticable to determine the basis of the payment that basis shall be the average hourly earnings of a person in the same grade performing the same class of work for the employer during the three months preceding the absence of the Cadet for the purposes of training.”

 

 

 

 

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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 Regulations under the Defence Act 1903-1917, enacted in 1918, were introduced to address the need for amendments to the existing Australian Military Regulations 1916. These regulations were made by the Governor-General in Council, acting on advice from the Federal Executive, to provide for specific roles and responsibilities within the military framework, including the appointment of a Deputy Judge Advocate-General, adjustments to the Australian Army Medical Corps and its reserve, and modifications to the Australian Army Nursing Service. The policy objective was to enhance the efficiency and organisation of military legal and medical services, ensuring they were adequately staffed and managed during a time of significant military engagement. This legislative instrument aimed to streamline the administration and operational aspects of military justice and medical services by providing clear guidelines and responsibilities for key personnel.

Scope and Application

The Australian Military Regulations 1916, as amended by Statutory Rules 1918, No. 122, apply to various military personnel and related entities within the Commonwealth of Australia, including those serving or associated with the Australian Army Medical Corps and the Australian Army Nursing Service. These regulations outline the appointment, promotion, and service conditions for medical and nursing officers, their reserve members, and cadet training provisions. The regulations also detail the composition and honorary ranks of the Australian Army Medical Corps Reserve, including medical, pharmaceutical, dental, and other allied medical professionals, as well as the grades and conditions of service for members of the Australian Army Nursing Service. This legislation applies nationally across Australia and is enforced under the Defence Act 1903-1917. The regulations also provide for the appointment of a Deputy Judge Advocate-General and specify the conditions under which senior cadets are compensated for training time.

Key Provisions

The Regulations under the Defence Act 1903-1917, particularly in the Australian Military Regulations 1916, introduce several significant provisions that affect the appointment and duties of military personnel, especially within the medical and nursing services. Regulation 18a (1) allows the Governor-General to appoint a Deputy Judge Advocate-General who will be attached to the staff of the Adjutant-General and serve for a maximum of four years unless reappointed. This Deputy Judge Advocate-General will act as Judge Advocate in courts-martial, examine and advise on military law proceedings, and provide counsel to the Military Board and the Adjutant-General (Regulation 18a (3)-(4)). For medical officers, Regulation 77a outlines that registered medical practitioners not liable to compulsory training can be first appointed as Captains (provisionally), while those liable to compulsory training can be recommended for appointment as Lieutenants (provisionally) once they are registered. These officers are to be assigned to Field Medical Units unless other arrangements are necessary (Regulation 77b). Confirmation of their provisional appointments up to the rank of Captain is to be carried out by Boards appointed by District Commandants, with higher ranks requiring examination under the Director-General, Australian Army Medical Services (Regulation 77c). Once these officers complete their service and reach the age of 26, they can be promoted or placed in the Reserve (Regulation 77d). The Regulations also establish the Australian Army Medical Corps Reserve and the Australian Army Nursing Service, detailing who can be members and their respective duties and conditions of service. Members of these reserves are liable to be called for military service and can be employed on medical or nursing duties with the approval of the Military Board (Regulations 1019a and 1019d). The composition of the Australian Army Medical Corps Reserve includes various professionals and skilled individuals, each assigned honorary ranks based on their qualifications and roles (Regulation 1019b). Similarly, the Australian Army Nursing Service comprises a hierarchy of nursing staff, with specific requirements for appointment and conditions for termination of service (Regulations 1019f-1019j). Breaches of the regulations can lead to various consequences. For instance, failure to comply with the provisions regarding the appointment, duties, and obligations of the Deputy Judge Advocate-General or medical and nursing officers could result in disciplinary actions, as outlined in the Defence Act 1903-1917. Additionally, the regulations concerning the Australian Army Medical Corps Reserve and the Australian Army Nursing Service may have specific penalties or consequences for non-compliance, although the exact penalties are not detailed in the provided text. The overarching Defence Act would dictate the nature and extent of any penalties, which could include fines or imprisonment, depending on the severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.