STATUTORY RULES.
1915. No. 212.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Regulations for the Military Forces of the Commonwealth—Regulations 14 and 109a—Amendments.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Defence Act 1903-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-seventh day of October, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General,
By His Excellency’s Command,
G. F. PEARCE.
Regulations for the Military Forces of the Commonwealth.
Amendments.
Regulation 14 is cancelled, and the following substituted therefor:—
“14. Brevet rank in the Military Forces does not count in calculating seniority within the regiment or corps to which the officer belongs, nor for pay or allowances, in which cases the substantive rank alone is to be considered.”
After Regulation 109 insert new Regulation 109a:—
“109a. Specially meritorious service on the General or Administrative Staff may, on the recommendation of the Military Board, be recognised by accelerated promotion. The accelerated promotion will usually be granted in the form of a brevet up to the rank of Lieutenant-Colonel, and above that rank by selection for the substantive rank of Colonel.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.15384
Overview
The Statutory Rules 1915 No. 212, issued under the Defence Act 1903-1915, were enacted to address specific issues related to the administration and rank structure within the military forces of the Commonwealth. The Governor-General, acting with the advice of the Federal Executive Council, certified the urgency of these regulations and their immediate implementation as Provisional Regulations. The primary aim of these amendments was to clarify the implications of brevet ranks within the military, ensuring that such ranks do not influence seniority or pay calculations, which should only consider the substantive rank of officers. Additionally, these regulations introduced a mechanism to recognise exceptionally meritorious service on the General or Administrative Staff through accelerated promotions, typically as brevets up to the rank of Lieutenant-Colonel or substantive promotions to Colonel, contingent on Military Board recommendations.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1915 apply to the military forces of the Commonwealth, specifically targeting officers within the armed forces. The regulations address the calculation of seniority and pay, stipulating that brevet rank will not be considered in such calculations, with only the substantive rank being relevant. Furthermore, the regulations introduce the possibility of accelerated promotions for officers on the General or Administrative Staff who have demonstrated exceptionally meritorious service, subject to the recommendation of the Military Board. These regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. There are no explicit exclusions or thresholds mentioned in the text, but the applicability of the accelerated promotions is contingent upon the recommendation of the Military Board, indicating a certain level of discretion in its application. The regulations extend their effect through the legislative instrument, thereby supplementing the primary Defence Act with specific provisions aimed at the military hierarchy and career progression.
Key Provisions
The key provisions of these Provisional Regulations under the Defence Act 1903-1915 primarily involve changes to the way brevet ranks are considered in the Military Forces of the Commonwealth. Regulation 14 explicitly states that brevet ranks, which are honorary and do not confer substantive authority or pay, will not be taken into account when calculating an officer's seniority within their regiment or corps, nor will they affect the officer's pay or allowances (Reg. 14). Instead, only the substantive rank, which is the officer's actual and official rank, will be considered for these purposes.
Furthermore, the Regulations introduce a new mechanism for recognising specially meritorious service on the General or Administrative Staff. Regulation 109a allows for the possibility of accelerated promotion for officers who demonstrate exceptional service, subject to the recommendation of the Military Board (Reg. 109a). This accelerated promotion can be in the form of a brevet up to the rank of Lieutenant-Colonel, or, in the case of ranks above Lieutenant-Colonel, through selection for the substantive rank of Colonel.
The obligations imposed by these Regulations are primarily on the Military Board, which is tasked with recommending officers for accelerated promotion based on specially meritorious service. Additionally, the Regulations mandate that brevet ranks will not be considered in any official capacity, ensuring that substantive ranks remain the standard for all official calculations and entitlements.
There are no specific offences, penalties, or consequences for breach outlined in these Regulations. However, the failure to adhere to the stipulations regarding the calculation of seniority and pay based on substantive ranks could result in administrative or disciplinary actions within the military hierarchy. The precise nature of such consequences would be determined by the internal military regulations and the discretion of the relevant authorities.