Designations and Insignia Ordinance (Amendment)

Overview

The Ordinance, enacted in 1993 by the Governor-General of the Commonwealth of Australia, William George Hayden, amends the Designations and Insignia Ordinance of the Order of Australia. This legislative instrument was introduced to clarify and formalise the manner in which individuals who have been appointed to different levels of the Order of Australia should represent their status. Specifically, the Ordinance addresses the issue of how members who have been elevated within the Order or have received honours in different divisions should denote their awards in formal contexts. The enacting body, the Governor-General, acted under the authority granted by section 30 of the Constitution of the Order of Australia. The policy objective of the Ordinance is to ensure that the presentation of honours within the Order of Australia is conducted in a consistent and respectful manner, reflecting the individual's current standing and all honours received.

Scope and Application

The Ordinance applies to individuals who have been appointed to the Order of Australia at various levels, including Members, Officers, and holders of the Medal of the Order in either the General Division or the Military Division. It governs the manner in which these individuals are to represent their membership or awards when the use of such letters is customary, particularly when they are subsequently appointed to higher classes of membership within the same or different divisions. The geographic and jurisdictional reach of this Ordinance is limited to the Commonwealth of Australia, as it pertains to the design and insignia of the Order of Australia, a national honour system. The Ordinance does not explicitly state exclusions, exemptions, or thresholds, but its application is contingent on the individual's appointment to the Order and the subsequent changes in their classification within the Order. The Ordinance may be extended or restricted through subordinate instruments issued by the appropriate authority in accordance with the provisions of the Constitution of the Order of Australia.

Key Provisions

The key operative sections of the Ordinance under section 30 of the Constitution of the Order of Australia (C2010Q00042) modify how individuals who have been appointed to different levels within the Order of Australia should designate their titles. Specifically, Section 4(1) mandates that if an individual has been appointed to the Order at the level of Member or Officer in either the General Division or Military Division and is subsequently appointed to a higher class within the same Division, they must use only the letters of the higher award when their name is used in formal contexts (Section 4(1)). Similarly, Section 4(2) stipulates that a holder of the Medal of the Order in either division who is later appointed to any level in the same division must also use only the letters of the higher award (Section 4(2)). Section 5(1) provides that if an individual has been appointed to the Order at the level of Member or Officer in one division and is subsequently appointed to a higher class in the other division, they may use both sets of letters, with explanatory parentheses for the lower award, such as AC, AO (Mil) (Section 5(1)). Section 5(2) extends this rule to holders of the Medal of the Order in one division who are later appointed to any level in the other division, allowing them to use both sets of letters with explanatory parentheses, such as AM, OAM (Gen) (Section 5(2)). The obligations and requirements imposed by the Ordinance are primarily concerned with the proper use of post-nominal titles. Individuals who have been appointed to multiple levels within the Order of Australia must adhere to the specific guidelines provided in the Ordinance regarding which titles to use and how to present them. For those who have received higher appointments within the same division, they are required to use only the higher title. For those who have received appointments in both divisions, they must use both sets of letters with appropriate explanatory parentheses to avoid confusion. These requirements ensure clarity and consistency in the use of post-nominal titles, reflecting the individual's highest honour within the Order of Australia. The Ordinance does not explicitly mention any offences, penalties, or civil/criminal consequences for breach of its provisions. However, it is implied that failure to comply with these guidelines could lead to informal penalties, such as social or professional embarrassment due to incorrect usage of titles. While there are no stated maximum penalties within the text, the importance of adhering to these guidelines suggests that non-compliance could have reputational implications for the individual concerned. It is generally expected that individuals would follow these rules to maintain the prestige and integrity associated with membership in the Order of Australia.