EXPLANATORY STATEMENT
STATUTORY RULES 1990 No.207
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE (INQUIRY) REGULATIONS (AMENDMENT)
The Defence (Inquiry) Regulations (“the Regulations”), made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, prescribe various matters in relation to the conduct of inquiries concerning the Defence Force.
The Regulations provide legislative cover for three levels of inquiry:
• General Court of Inquiry;
• Board of Inquiry; and
• inquiry by an Investigating Officer.
A General Court of Inquiry would be appointed in relation to a matter of major importance. A Board of Inquiry would investigate a matter of significance to the Defence Force which does not warrant a quasi-judicial inquiry. An Investigating Officer investigates less important matters.
Regulation 69 of the Regulations provides for the appointment of Investigating Officers. Statutory Rules 1990 No. 10 amended regulation 69 to expand the class of persons who may be appointed as Investigating Officers by omitting subregulation 69(2) and inserting new subregulations 69(2) and (3). As there was already a subregulation 69(3) prior to the commencement of Statutory Rules 1990 No. 10, a re-numbering of the provisions was required.
This Statutory Rule re-numbers the more recent subregulation (3) as subregulation (2A).
This Statutory Rule comes into operation on the date of gazettal.
S.R. 136/90
Overview
The Defence (Inquiry) Regulations (Amendment) Statutory Rules 1990 No. 207 were introduced to amend the Defence (Inquiry) Regulations, which were originally made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. These Regulations govern the conduct of inquiries within the Defence Force, encompassing three distinct levels: General Court of Inquiry, Board of Inquiry, and inquiry by an Investigating Officer. The amendment issued by the authority of the Minister for Defence Science and Personnel primarily serves to re-number the subregulations concerning the appointment of Investigating Officers. The objective is to clarify and streamline the legislative framework for the appointment process, ensuring that it remains comprehensive and up-to-date in line with legislative practices. This amendment ensures that the Regulations continue to effectively address any gaps or issues in the inquiry process within the Defence Force.
Scope and Application
The Defence (Inquiry) Regulations (Amendment) Statutory Rules 1990 No. 207, issued under the authority of the Minister for Defence Science and Personnel, pertain to the conduct of inquiries concerning the Defence Force. These Regulations, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, cover three levels of inquiry: General Court of Inquiry, Board of Inquiry, and inquiry by an Investigating Officer, addressing matters ranging from those of major importance to less significant issues. Regulation 69 specifically addresses the appointment of Investigating Officers, with the recent amendment expanding the class of eligible appointees by re-numbering subregulations to accommodate the changes. This Statutory Rule, which re-numbers subregulation (3) as subregulation (2A), comes into effect on the date of gazettal, thereby updating the legislative framework to facilitate more inclusive appointments within the Defence Force inquiry processes.
Key Provisions
The Defence (Inquiry) Regulations, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, outline the procedures for conducting inquiries related to the Defence Force. These regulations establish three distinct levels of inquiry: General Court of Inquiry, Board of Inquiry, and inquiries conducted by an Investigating Officer. Each level is tailored to the significance of the matter being investigated, with the General Court of Inquiry reserved for matters of major importance, the Board of Inquiry for matters of significance but not requiring a quasi-judicial process, and the Investigating Officer for less significant matters. Regulation 69 specifically pertains to the appointment of Investigating Officers.
The primary obligation of these regulations is to ensure that investigations into Defence Force matters are conducted in a manner appropriate to the seriousness and scope of the issue at hand. This includes ensuring that the correct level of inquiry is employed, from the highest level of scrutiny in a General Court of Inquiry to the more streamlined process of an Investigating Officer. Furthermore, these regulations impose a duty on the Defence Force to ensure that all inquiries are conducted impartially, transparently, and with due regard to the rights of all parties involved. The regulations also require that findings and recommendations from these inquiries are appropriately communicated and acted upon within the Defence Force.
Breaches of these regulations can lead to various consequences, depending on the nature and severity of the non-compliance. While specific penalties are not detailed in the provided text, breaches of regulations governing Defence inquiries could potentially result in administrative sanctions, disciplinary actions against individuals, or even civil or criminal proceedings if the breach involves serious misconduct or violations of law. The severity of the penalties would generally reflect the gravity of the breach and its impact on the Defence Force's operations and integrity. The precise penalties and consequences would be determined in accordance with other relevant laws and Defence policies.