STATUTORY RULES.
1922. No. 98.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 1903-1918, to come into operation forthwith.
Dated this fifth day of July, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Australian Military Regulations 1916.
Amendments.
Australian Military Regulations 1916 are amended as follows:—
(a) Regulation 309a (2).—Delete the words “under paragraph (d)” and insert in lieu thereof the words “under paragraphs (c) and (d)”.
(b) Regulation 824 (1).—Delete the words “a Board of not less than three officers and the President of the Board shall be the ‘officer appointed in that behalf’ as required by Section 133 of the Act” and insert in lieu thereof the words “Commanding Officers”.
(c) Regulation 824 (2) is repealed.
(d) Regulation 824 (3) is repealed.
(e) Regulation 824 (4).—Delete the words “The Board” and insert in lieu thereof the words “Commanding Officers”.
(f) Regulation 824 (6).—Delete the words “The procedure of the Boards is not limited, but they may determine by seeing the work of those to be classified, or by taking evidence, or of their own knowledge”. Delete the words “the Boards” occurring in the fifth line and insert in lieu thereof the words “Commanding Officers”.
(g) Regulation 824 (9) is repealed and the following inserted in lieu thereof:—
“(9). A Commanding Officer in determining the classification under Section 133 of the Act of soldiers liable to be trained under Part XII. of the Act may be guided by the written report of their company or other like commander who for this purpose may be required to prepare annual lists of all soldiers liable to be trained under Part XII. of the Act under his command setting out the record of attendance and his opinion in each case as to whether the soldier has attained the degree of efficiency reasonably to be expected of him. The preparation of these reports does not, however, in any way relieve the Commanding Officer of the responsibility for himself determining the classification of soldiers and he is responsible for exercising his judgment as to the extent to which he should be guided by the reports”.
(h) Regulation 825 (2).—Delete the words “the Board appointed to determine the efficiency for the current year” and insert in lieu thereof the words “Commanding Officers”.
(j) Regulation 825 (3).—Delete the words “the Board appointed to determine efficiency” and insert in lieu thereof the words “Commanding Officers”.
(k) Regulation 1215 (1) is repealed and the following inserted in lieu thereof:—
“Commanding Officers shall determine the efficiency of each Senior Cadet”.
(l) Regulation 1215 (2) is repealed and the following inserted in lieu thereof:—
“(2) A Commanding Officer in determining the classification under Section 133 of the Act of Senior Cadets may be guided by the written report of their company commander who for this purpose may be required to prepare annual lists of all Senior Cadets under his command setting out the record of attendances and his opinion in each case as to whether the Senior Cadet has attained the degree of efficiency reasonably to be expected of him. The preparation of these reports does not, however, in any way relieve the Commanding Officer of the responsibility for himself determining the classification of Senior Cadets and he is responsible for exercising his judgment as to the extent to which he should be guided by the reports”.
(m) Regulation 1215a (2).—Delete the words “the Board appointed to determine efficiency for the current year” and insert in lieu thereof the words “Commanding Officers”.
(n) Regulation 1215a (3).—Delete the words “the Board appointed to determine efficiency” and insert in lieu thereof the words “Commanding Officers”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Australian Military Regulations 1916, amended by Statutory Rules 1922 No. 98, were enacted under the Defence Act 1903-1918 to address certain administrative gaps in the evaluation and classification of soldiers and senior cadets within the military framework. The amendments were made by the Governor-General in Council, with the objective of streamlining the efficiency determination process and assigning clearer responsibilities to Commanding Officers. The changes primarily involved replacing references to Boards with Commanding Officers, thereby decentralising the decision-making process and ensuring that the responsibility for assessing the efficiency of soldiers and senior cadets rested directly with those in command. These amendments aimed to enhance the efficiency and effectiveness of the military by ensuring that the classification and training of personnel were determined by those with direct oversight and knowledge of their capabilities and performance.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1922 No. 98, apply to the Australian Defence Force and its members, including soldiers, officers, and cadets. These regulations govern the conduct and operations of military personnel within the Commonwealth of Australia, ensuring compliance with the Defence Act 1903-1918. The regulations delineate the responsibilities and authority of Commanding Officers in the classification and evaluation of soldiers and cadets, replacing the previous roles of Boards with these officers. These amendments extend to the entire Commonwealth and involve the substitution of several existing regulations with new provisions, which centralise decision-making authority with Commanding Officers, who are tasked with determining the efficiency and classification of personnel under their command, guided by written reports from subordinate commanders but maintaining ultimate responsibility for their judgments.
Key Provisions
The Australian Military Regulations 1916, amended by Statutory Rules 1922 No. 98, primarily focus on redefining the roles and responsibilities of Commanding Officers in the classification and assessment of soldiers and senior cadets. These amendments replace the previous requirements for boards with direct responsibilities assigned to Commanding Officers. For example, Regulation 824(1) and (2) is modified to assign the duties previously assigned to a board of officers to Commanding Officers. Additionally, Regulation 1215(1) and (2) now mandates that Commanding Officers determine the efficiency of senior cadets, informed by written reports from their company commanders, as stipulated in Regulation 1215a(2) and (3). These changes streamline the process and centralise decision-making authority with the Commanding Officers.
These amendments impose new obligations on Commanding Officers, requiring them to take on the responsibility of assessing the efficiency of soldiers and senior cadets. Specifically, they must review reports prepared by company commanders and use these reports as a guide in their determinations, while maintaining the ultimate responsibility for the final classification. For instance, Regulation 824(9) and Regulation 1215(2) clearly state that while Commanding Officers may refer to these reports, they cannot absolve themselves of their duty to make an independent judgment. This ensures a systematic approach to efficiency assessments while allowing Commanding Officers to exercise their discretion.
The Statutory Rules 1922 No. 98 do not explicitly mention any offences, penalties, or consequences for non-compliance with these regulations. However, failure to adhere to these requirements could potentially lead to broader implications under the Defence Act 1903-1918 or other related legislation. Non-compliance might result in disciplinary actions or administrative penalties as deemed appropriate by the governing military authorities. The exact penalties would depend on the severity of the non-compliance and could range from formal reprimands to more severe disciplinary measures, as per the Defence Force Discipline Act.