Gallantry Decorations Regulations
as amended
made under
Letters Patent
This compilation was prepared on 22 May 2009
taking into account Amendments to the Gallantry Decorations Regulations – 1996
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Short title
1 These Regulations may be cited as the Gallantry Decorations Regulations.
Interpretation
2 In these Regulations –
“decoration” means –
(a) the Star of Gallantry;
(b) the Medal for Gallantry;
(c) the Commendation for Gallantry; or
(d) a bar to the Star or Medal;
“Defence Force” has the same meaning as in the Defence Act 1903;
“Minister” means the Minister of State for Defence.
Conditions for award of decorations
3 (1) The Star of Gallantry shall be awarded only for acts of great heroism or conspicuous gallantry in action in circumstances of great peril.
(2) The Medal for Gallantry shall be awarded only for acts of gallantry in action in hazardous circumstances.
(3) The Commendation for Gallantry may be awarded for other acts of gallantry in action which are considered worthy of recognition.
Decorations may be awarded in certain other circumstances
3A A decoration referred to in regulation 3 may be awarded for an act of a kind mentioned in relation to the particular decoration, although the act did not occur in action, if it occurred in circumstances similar to armed combat or actual operations and those concerned were deployed under military command.
4 Each decoration may be awarded posthumously
5 The persons to whom a decoration may be awarded are—
(a) members of the Defence Force; and
(b) other persons determined by the Minister for the purposes of this regulation.
6 Any subsequent award of the Star of Gallantry or the Medal for Gallantry to the same person shall be made in the form of a bar to the Star or, the Medal, as the case may be.
Making of awards
7 Awards of a decoration shall be made by the Governor-General on the recommendation of the Minister
Making of immediate awards
8 (1) An immediate award of a decoration may be made by Governor-General on the recommendation of the Minister.
(2) The Governor-General may delegate the authority to make immediate awards on the recommendation of the Minister.
Designations
9 (1) A person to whom the Star of Gallantry has been awarded is entitled to have the letters "SG" placed after the person's name on all occasions when the use of such letters is customary.
(2) A person to whom the Medal for Gallantry has been awarded is entitled to have the letters "MG" placed after the person's name on all occasions when the use of such letters is customary.
(3) Where a person has been awarded a bar to a decoration, the person is entitled to have placed after the letters prescribed by the Regulation in respect of that decoration the words “and Bar” or the words "and Bars", as the case may be.
Design of decorations
10 The design of each decoration shall be as prescribed.
Wearing of decorations
11 The manner of wearing each decoration shall be as determined by the Governor- General.
Registrar of Awards
12 (1) There shall be a Registrar of Awards appointed by the Governor-General who shall maintain a Register of the names of persons to whom decorations have been awarded.
(2) The Registrar shall keep such other records relating to the award of decorations as the Governor-General directs.
Cancellation and reinstatement
13 (1) The Governor-General may cancel an award of a decoration and may reinstate an award so cancelled
(2) Where an award of a decoration is cancelled, the name of the person to whom the award was made shall be erased from the Register and the person shall return the decoration to the Registrar.
(3) Where an award that has been cancelled pursuant to sub-regulation (1) is reinstated, the Registrar shall restore the entry or entries in the Register that had been erased.
Notes to the Gallantry Decorations Regulations
Note 1
The Gallantry Decorations Regulations (in force under Letters Patent) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
Gallantry Decorations Regulations | 4 Feb 1991(see Gazette 1991,
No. S25) | 15 Jan 1991 | |
Amendment of the Gallantry Decorations Regulations – 1996 | 6 Nov 1996 (see Gazette 1996,
No. S420) | 29 July 1994 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3A................ | ad. 1996 No. S420 |
Overview
The Gallantry Decorations Regulations 1991, amended in 1996, were enacted under Letters Patent to formalise the criteria and procedures for awarding military decorations within the Australian Defence Force. These regulations address the need for a clear and consistent framework to recognise acts of gallantry and heroism by members of the Defence Force and others. Enacted by the Australian Parliament, the regulations aim to uphold the tradition of honouring bravery and exceptional service, ensuring that such recognition is both fair and transparent. The policy objective is to maintain high standards of bravery and gallantry within the Defence Force and to provide a structured process for the awarding and recognition of these acts, which includes the creation of a register of awardees and the design and wearing specifications of the decorations.
Scope and Application
The Gallantry Decorations Regulations, made under Letters Patent, establish the criteria and procedures for awarding specific decorations within the Australian Defence Force and to other persons as determined by the Minister. These regulations apply to the Star of Gallantry, the Medal for Gallantry, and the Commendation for Gallantry, outlining the conditions for their award to both serving and former members of the Defence Force as well as other individuals deemed suitable by the Minister. The scope of the regulations extends nationally, with the authority to award decorations vested in the Governor-General, who acts on the recommendation of the Minister. The regulations also provide for the posthumous awarding of these decorations and the design and wearing of the decorations, as well as the appointment of a Registrar of Awards to maintain a record of recipients. While the regulations detail specific circumstances under which each decoration may be awarded, they do not explicitly outline any exclusions or exemptions from these awards. The regulations can be amended through subordinate instruments, allowing for adjustments to the criteria and procedures over time.
Key Provisions
The main operative sections of the Gallantry Decorations Regulations outline the criteria and process for awarding various gallantry decorations, including the Star of Gallantry, the Medal for Gallantry, the Commendation for Gallantry, and bars to these decorations (Reg. 2, 3, 4). The regulations detail the circumstances under which each decoration may be awarded (Reg. 3) and clarify that these awards can be made posthumously (Reg. 4). They also specify that the awards can be made to members of the Defence Force and other persons as determined by the Minister (Reg. 5) and that subsequent awards of the Star of Gallantry or the Medal for Gallantry to the same person will be in the form of a bar (Reg. 6). The regulations further provide for the design and wearing of these decorations (Reg. 10, 11), the creation of a Registrar of Awards who maintains a register of recipients (Reg. 12), and the conditions under which awards may be cancelled or reinstated (Reg. 13).
Under the Gallantry Decorations Regulations, the Minister for Defence and the Governor-General have specific responsibilities and obligations regarding the awarding and administration of gallantry decorations. The Minister is responsible for recommending individuals for awards, including immediate awards (Reg. 7, 8), and determining who, besides Defence Force members, may receive these decorations (Reg. 5). The Governor-General, on the Minister's recommendation, formally awards the decorations and has the authority to delegate this power (Reg. 7, 8). The Governor-General also has the authority to cancel or reinstate awards, with these actions affecting the Register of Awards maintained by the Registrar (Reg. 12, 13). The Registrar of Awards, appointed by the Governor-General, is responsible for maintaining the register of recipients and any other records as directed (Reg. 12).
The Gallantry Decorations Regulations do not explicitly state specific offences, penalties, or consequences for breaches within the text provided. However, the authority to cancel or reinstate awards (Reg. 13) implies that improper awards could be subject to review and potential cancellation, which could have implications for the recipient's status and privileges associated with the decoration. The regulations focus more on the procedural aspects of awarding and administering the decorations rather than detailing penalties for breaches. Any legal consequences of improper awards would likely be determined by the applicable laws and regulations governing the administration of honours and awards in Australia.