Australian Military Regulations (Amendment)

Legislation au C1921L00185 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1921. No. 185.

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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 twenty-first day of September, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Australian Military Regulations. 1916.

Amendments.

Australian Military Regulations 1916 are amended as follows:—

(a) Regulation 18a.—The phrase “issued by the Deputy Judge Advocate General” occurring in the third last line of sub-regulation (7) is amended to read:—

“issued by the Judge Advocate General or by the Deputy Judge Advocate General.”

(b) Regulation 35a is repealed and the following substituted in lieu thereof:—

War Disability Supernumerary List—Officers.

(1) An Officer of the Permanent Military Forces medically unfit for active service due to wounds or sickness occasioned by active service abroad may be transferred to a War Disability Supernumerary List of the Permanent Military Forces provided that he is medically fit to undertake such duties as shall be allotted to him and his employment on military duty is not likely to aggravate the disability to which his medical unfitness for active service is due.

(2) No one period of employment of an Officer on the War Disability Supernumerary List shall exceed four years, but on the expiration of any period of employment an Officer may from time to time be re-appointed for a further period not exceeding four years.

An Officer who is not re-appointed on the expiration of any period of his employment shall be retired.

(3) Promotion of an Officer on the War Disability Supernumerary List shall not be to a higher rank than that of Major.

(4) Subject to the satisfactory performance of his duties an Officer on the War Disability Supernumerary List may be prompted without being required to pass the usual examination on course of instruction. A test will be prescribed by the Military Board and each case considered on its merits a principal factor being that the Officer is qualified to perform the duties of the higher appointment.


(5) An Officer employed on the War Disability Supernumerary List may on becoming fit for active service be transferred to a regiment or corps of the Permanent Military Forces.

(c) Regulation 128 is repealed and the following substituted in lieu thereof:—

“(1) The appointment of Chaplains, 4th Class, shall be limited to clergymen under fifty years of age.

(2) The provisions of these Regulations prescribing the ages for the compulsory retirement of Officers shall not apply to Chaplains.”

(d) Regulation 225 is amended by deleting the words, “Esplanade, near Law Courts, Perth”, and substituting in lieu thereof, the words, “King’s Park, Perth”.

(e) The following new division and regulation is inserted next after regulation 397:—

Division 14.—War Disability Supernumerary List.

397a. (1) Soldiers of the Permanent Military Forces medically unfit for active service due to wounds or sickness occasioned by active service abroad may be transferred to a War Disability Supernumerary List of the Permanent Military Forces provided that they are medically fit to undertake such duties as shall be allotted to them and that their employment on military duty is not likely to aggravate the disability to which their medical unfitness for active service is due.

(2) Persons who have been discharged from the Permanent Military Forces on account of medical unfitness due to wounds or sickness occasioned by active service may, subject to the some conditions as are contained in sub-regulation (1) of this regulation, be enlisted for a period of four years in the Permanent Military Forces for service on the War Disability Supernumerary List.

(3) On the expiration of the period of his enlistment or re-engagement a soldier transferred to or enlisted for service on the War Disability Supernumerary List may, from time to time, subject to the approval of the Military Board be reengaged for a further period of four years.

(4) A soldier serving on the War Disability Supernumerary List may claim his discharge before the expiration of the period of his enlistment or re-engagement on giving fourteen days notice in writing to his Commanding Officer and shall not be required to pay any purchase money on discharge.

(5) Soldiers serving on the War Disability Supernumerary List may be promoted to Warrant and non-commissioned rank without being required to pass the usual qualifying examination. A test will be prescribed by the Military Board and each case considered on its merits a principal factor being that the member is qualified to perform the duties of the higher appointment.

(6) A soldier serving on the War Disability Supernumerary List may on becoming fit for active service be transferred to a regiment or corps of the Permanent Military Forces.

(f) Regulation 1016 is repealed.

(g) The following definition is inserted at the end of regulation 4:—

“Formation, &c., Commander”—means Commander of s Cavalry Division, of an Infantry Division or of a mixed Brigade or District Base-Commandant.

(h) The following new regulation is inserted next after regulation 4:—

“4a. In these Regulations, unless the contrary intention appears, mention of a person by designation of his office includes every person who at any time lawfully performs the functions of or acts in the office whether by virtue of permanent, temporary or acting appointment or by assumption of the functions of the office in pursuance of the Act or these Regulations or the custom of the service or otherwise.”

 

 

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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 Australian Military Regulations 1916, as amended by Statutory Rules 1921 No. 185, were enacted to address the need to provide continued service opportunities for military personnel who, due to wounds or sickness from active service, were no longer fit for active duty but could still contribute to the military in other capacities. These regulations were introduced by the Governor-General in Council under the Defence Act 1903-1918. The policy objective of these amendments was to create a structured pathway for medically unfit but serviceable personnel to continue contributing to the military, thereby acknowledging their service and making use of their skills and experience. This was achieved by establishing the War Disability Supernumerary List, which allowed for the conditional transfer and re-employment of officers and soldiers who were medically unfit for active service, ensuring that they could still serve in roles suitable to their abilities.

Scope and Application

The Australian Military Regulations, as amended by these statutory rules, apply to members of the Permanent Military Forces of the Commonwealth of Australia. This includes officers and soldiers who have been medically assessed as unfit for active service due to wounds or sickness incurred during active service abroad. The regulations pertain to the creation of a War Disability Supernumerary List for such personnel, providing provisions for their transfer, re-engagement, and potential promotion within the forces. The regulations also cover the appointment of Chaplains, specifying that they must be clergymen under fifty years of age and exempting them from compulsory retirement provisions for officers. The scope of the regulations extends to the Commonwealth of Australia and is enforced by the Military Board, which has the authority to approve re-engagements and consider individual cases for promotion. The amendments and new provisions set out in these regulations are designed to offer continued service opportunities for those who are medically unfit for active duty while ensuring that their conditions do not deteriorate due to their military employment.

Key Provisions

The Regulations under the Defence Act 1903-1918, which come into operation forthwith, include amendments and new provisions primarily aimed at addressing the conditions under which military personnel medically unfit for active service can be retained and employed. Regulation 18a amends the phrase in sub-regulation (7) to allow the issuance of certain documents by either the Judge Advocate General or the Deputy Judge Advocate General. Regulation 35a is repealed and replaced with new provisions concerning the War Disability Supernumerary List for officers, which include eligibility, period of employment, promotion restrictions, and conditions for transfer back to active service (Regulation 35a). Additionally, Regulation 128 is altered to limit the appointment of Chaplains, 4th Class, to clergymen under fifty years of age and exempt them from compulsory retirement provisions (Regulation 128). Regulation 225 is amended to change a location reference from "Esplanade, near Law Courts, Perth" to "King’s Park, Perth" (Regulation 225). A new division, Division 14, and a new regulation, 397a, are introduced to create a War Disability Supernumerary List for soldiers, outlining similar conditions and provisions as those for officers, including enlistment, re-engagement, promotion, and transfer to active service (Regulation 397a). The obligations imposed by these regulations on the parties governed, particularly military personnel and the Military Board, include the requirement that officers and soldiers medically unfit for active service due to wounds or sickness caused by active service abroad must be medically fit to undertake the duties assigned to them and that their employment should not aggravate their disabilities. Officers and soldiers must adhere to the conditions of their employment on the War Disability Supernumerary List, including the maximum period of four years and the requirement for re-appointment or re-engagement subject to approval. Promotion within the War Disability Supernumerary List is conditional on satisfactory performance and qualification for higher duties, with a cap on the rank for officers (not exceeding Major) and without the necessity of passing the usual qualifying examinations for soldiers. Chaplains, 4th Class, must be clergymen under fifty years of age, exempt from compulsory retirement provisions. Violations of these regulations can lead to various consequences, though the specific penalties are not detailed within the provided text. Generally, failure to comply with the conditions of employment on the War Disability Supernumerary List, such as exceeding the period of employment without re-appointment, could result in being retired from service. Additionally, any actions taken by military personnel that do not conform to the stipulated conditions for appointment, employment, or promotion may be subject to disciplinary measures as outlined in other relevant military regulations or directives. The regulations ensure a structured and fair process for managing the service of those who are medically unfit for active duty while maintaining discipline and order within the military forces.

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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.