EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 190
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE ACT 1903 - AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations, made under the Defence Act 1903 (the Act) provide for various matters relating to the administration of the Army, including the organisation of a chaplaincy service.
This Statutory Rule amends the Australian Military Regulations to provide for a re-organisation of the Army chaplaincy service.
Chaplaincy Services in the Defence Force
Until 1981, chaplaincy services in the Defence Force were organised on the basis of heads of churches committees for each Service. In 1981 these were replaced by a common advisory committee, the Religious Advisory Committee to the Services. The Committee consists of non-uniformed representatives at the level of bishop or equivalent, and provides the link between the governing bodies of the religious denominations and the Defence Force.
Within each Service, the administration and control of chaplains will be provided by a Principal Chaplains Committee under the relevant Chief of Staff. Each Principal Chaplains Committee will comprise the principal chaplains of the Service, at Brigadier or equivalent level.
For the Navy and the Air Force, these arrangements can be implemented within the terms of the existing Naval Forces Regulations and Air Force Regulations, which provide for principal naval chaplains and principal air chaplains, respectively.
However, amendments of the Australian Military Regulations were required to implement the new arrangements for the Army. This Statutory Rule makes the necessary changes.
Australian Military Regulations - Principal Chaplains
The central provision for the establishment of the Army chaplaincy service is contained in regulation 595 of the Australian Military Regulations. That regulation provided for 5 chaplains-general, one each for chaplains who were ministers of the Church of England or a church in communion with that church, of the Roman Catholic Church, of the Presbyterian Church, of the Uniting Church in Australia, and of other Christian Churches.
Sub-regulation 595(5) provided for a chaplain-general to take precedence as a Major-General.
Regulation 6 of this Statutory Rule substitutes a new regulation 595. The substituted regulation 595 provides for 3 Principal Chaplains, one each for chaplains who are ministers of the Anglican Church of Australia or a church in communion with that church, chaplains of the Roman Catholic Church, and chaplains of other churches or faiths.
The substituted sub-regulation 595(2) provides for a Principal Chaplain to take precedence as a Brigadier.
Further amendments
The other amendments made to the Australian Military Regulations are either consequential upon the replacement of chaplains-general by principal chaplains or reflect revised organisational arrangements. The various consequential amendments, which include abolition of the offices of deputy-chaplain general, senior jewish chaplain and senior chaplain in a command, will be dealt with in turn.
Regulation 75 prescribes conditions for the appointment of chaplains to the Army. Sub-regulation 75(1) provided for an appointment to be recommended by a Chaplain-General or Senior Jewish Chaplain.
Paragraph 1(a) of this Statutory Rule amends sub-regulation 75(1) to provide for appointments to be recommended by Principal Chaplains.
Sub-regulation 75(3) excluded from the operation of regulation 75 the appointment of a Chaplain-General, a deputy Chaplain-General, the Senior Jewish Chaplain or a Senior Chaplain in a Command.
Paragraph 1(b) of this Statutory Rule replaces the existing references in sub-regulation 75(3) with a reference to exclude the appointment of a Principal Chaplain from the operation of regulation 75.
Regulation 124 of the Australian Military Regulations prescribes retiring ages for Army officers. The Royal Australian Army Chaplains Department is included in the table in sub-regulation (1) which sets out retiring ages according to a member’s rank and Corps or Department.
Sub-regulation 124(4) provided for the rank of a deputy chaplain-general or chaplain, for the purposes of sub-regulation (1), to be deemed to be the rank for which he took precedence in accordance with regulation 595A or 594. This kind of provision is required because a chaplain does not have “rank” in the strict sense.
Paragraphs 2(a) and (b) of this Statutory Rule amend sub-regulation 124(4) to substitute “Principal Chaplain or Chaplain” for “deputy chaplain-general or chaplain” and to substitute reference to regulation 594 or 595 (the new regulations which contain provisions for precedence) for reference to regulations 595A or 594. Reference to Principal Chaplain is included because, under the new arrangements, it is intended that Principal Chaplains will have a compulsory retiring age.
Sub-regulation 124(5) excluded an officer of the Australian Engineer and Railway Staff Corps, a chaplain-general and the Senior Jewish Chaplain from the operation of regulation 124.
Paragraph 2(c) of this Statutory Rule omits sub-regulation 124(5). Omission of the two references to chaplains is a consequential amendment and the remaining reference is omitted because the Australian Engineer and Railway Staff Corps no longer exists.
Regulation 125 provides for the Governor-General to grant to an Army officer whom he places on the retired list a title based on his pre-retirement rank. Sub-regulation 125(3) provides that, in the case of a retiring chaplain, the title is to be based on his pre-retirement classification.
Regulation 3 of this Statutory Rule substitutes “Principal Chaplain” for “Chaplain-General” in sub-regulation 125(3).
Regulation 592 provides for the status, precedence and command power of chaplains. Sub-regulation 592(2) provided for a chaplain’s precedence to be in accordance with sub-regulations 594(2), 595(2), 595A(2), 595B(2) and 596(3).
Under the revised provisions, precedence for Chaplains, other than Principal Chaplains, is provided for in a substituted regulation 594 and precedence for Principal Chaplains is provided for in a substituted sub-regulation 595(2).
Regulation 4 of this Statutory Rule omits sub-regulation 592(2).
Regulation 594 provided for the classification and precedence of chaplains, other than chaplains-general.
Regulation 5 of this Statutory Rule substitutes a new regulation 594 to provide for similar classification and precedence of Chaplains, other than Principal Chaplains.
As in the previous provision, a Chaplain 1st class takes precedence with a Colonel, a Chaplain 2nd class with a Lieutenant-Colonel, a Chaplain 3rd class with a Major, and a Chaplain 4th class with a Captain.
Regulation 595A provided for appointment by the Chief of the General Staff of a deputy chaplain-general when a chaplain-general is unable to perform his duties.
Regulation 7 of this Statutory Rule repeals regulation 595A. There is, no provision for a separate office of deputy Principal Chaplain as, in the absence of a permanent Principal Chaplain, his temporary substitute would act as Principal Chaplain.
Regulation 595B provided for appointment by the Governor-General of a Senior Jewish Chaplain.
Regulation 8 of this Statutory Rule repeals regulation 595B. Under the new scheme, the Principal Chaplain for chaplains belonging to churches or faiths other than Anglican or Roman Catholic is the Principal Chaplain for chaplains of the Jewish faith.
Regulation 596 provided for appointment by the Governor-General of senior chaplains in each Command.
Regulation 9 of this Statutory Rule repeals regulation 596. This provision was no longer necessary for the purposes of the regulations and, for other purposes, was a matter of Army administration not requiring separate legislation.
Regulation 597 provided for advancement of a chaplain’s classification with the approval of the Chief of the General Staff, on the recommendation of his chaplain-general, or, in the case of a Jewish chaplain, the Senior Jewish Chaplain.
Regulation 10 of this Statutory Rule amends regulation 597 to provide for a chaplain’s Principal Chaplain to make the recommendation for advancement of classification.
Regulation 598 provides for reduction of a chaplain’s classification. Sub-regulation 598(1) enables the Chief of Personnel to reduce a chaplain’s classification at the request of the chaplain. Sub-regulation 598(2) provided, in any other case, for a chaplain’s classification to be reduced with the consent of the Chief of Personnel, on the recommendation of his chaplain-general or, in the case of a Jewish chaplain, the Senior Jewish Chaplain.
Regulation 11 of this Statutory Rule amends regulation 598 to provide for a chaplain’s Principal Chaplain to make the recommendation for reduction of classification.
Regulation 599 provided for a chaplain’s appointment to be terminated where he ceased to be a minister of his church or faith, was unsuited for the duties of a chaplain, or ceased to reside permanently in Australia.
Regulation 12 of this Statutory Rule repeals regulation 599. The terms of that regulation were in conflict with section 16 of the Act which provides that officers of the Army hold their appointment during the pleasure of the Governor-General.
Application
The Statutory Rule has effect from the date of gazettal.