STATUTORY RULES.
1911. No. 190.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Amendment to Commonwealth Military Regulation 60.
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 Regulation under the Defence Act 1903-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fifteenth day of November, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 60 is cancelled, and the following substituted therefor:—
60 (a). When a vacancy for first appointment as an officer occurs in a Unit of the Citizen Forces, preference will be given, under Section 11 of the Defence Act, to persons who have served in the Defence Force for three years without a commission. Special consideration being given to military ability and professional experience.
(b) In the event of there being no qualified candidates under (a) the Commanding Officer of the Unit in which the vacancy exists will invite applications from other non-commissioned officers and men of such Unit.
The Commanding Officer will forward the applications received, together with his recommendation, to the District Commandant, and in the event of none of the applicants being considered to be suitable for appointment to a commission, he will state fully his reasons for such opinion.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16894.—Price 3d.
Overview
Statutory Rules 1911 No. 190, specifically the Provisional Regulations under the Defence Act 1903-1910, were introduced to address an immediate need to amend the existing military regulations concerning the appointment of officers within the Citizen Forces. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council due to the urgency of the matter, these regulations were designed to ensure that appointments to officer positions within the military were made with careful consideration of relevant military service and experience. The policy objective outlined in the regulation is to give preference to candidates who have demonstrated both military ability and professional experience, thereby strengthening the leadership within the military forces. This approach aims to enhance the overall efficiency and effectiveness of the military by promoting those who have already proven their capabilities within the Defence Force.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910, particularly those amending Regulation 60, apply to the Military Forces of the Commonwealth and specifically address the appointment of officers within the Citizen Forces. These regulations outline the process of giving preference to candidates who have served in the Defence Force for a minimum of three years without holding a commission, with special attention to their military ability and professional experience. If no suitable candidates are found within the initial pool, the Commanding Officer of the relevant unit is authorised to invite applications from other non-commissioned officers and men within the unit. The applications, along with the Commanding Officer's recommendations and reasons if no suitable candidates are found, are then forwarded to the District Commandant. The regulations thereby establish a clear procedure for officer appointments while ensuring that merit and experience are prioritised. This legislative instrument operates on a national level, applying across all Commonwealth military forces, and does not specify any exclusions or exemptions beyond the outlined process.
Key Provisions
The main operative sections of this Provisional Regulation, particularly Regulation 60, specify the procedures for appointing officers in the Citizen Forces. Section 60(a) mandates that preference is to be given to candidates who have served in the Defence Force for at least three years without a commission, with special consideration given to their military ability and professional experience. This is aligned with Section 11 of the Defence Act. If there are no qualified candidates under these criteria, Section 60(b) provides that the Commanding Officer of the Unit in which the vacancy exists will invite applications from other non-commissioned officers and men within that Unit. The Commanding Officer must then forward these applications, along with their recommendations, to the District Commandant. If none of the applicants are deemed suitable, the Commanding Officer must provide detailed reasons for their opinion.
The obligations imposed by this Act on the relevant parties are quite specific. The Commanding Officer of a Unit must ensure that when a vacancy for an officer arises, they follow the prescribed procedure. This includes giving preference to those who meet the specified service requirements and considering their military ability and professional experience. Additionally, the Commanding Officer is required to invite applications from other non-commissioned officers and men within the Unit if no qualified candidates are found. Once applications are received, the Commanding Officer must forward these applications along with their recommendations to the District Commandant. If no applicants are suitable, the Commanding Officer must articulate their reasons in detail.
In terms of the consequences for non-compliance, the regulation does not explicitly state any specific penalties or consequences for breaches. However, non-compliance with the outlined procedures could potentially lead to administrative or disciplinary actions within the military hierarchy. While the regulation does not detail maximum penalties, breaches of such procedures could result in adverse effects on career progression or other disciplinary measures as deemed appropriate by the military authorities.
Overall, the Provisional Regulation sets clear procedures for officer appointments within the Citizen Forces, ensuring that preference is given to experienced and qualified candidates. The regulation mandates specific actions by the Commanding Officers and requires them to forward applications and recommendations to the District Commandant, along with detailed reasons if no suitable candidates are found. While the regulation does not explicitly state penalties for non-compliance, breaches could lead to various administrative or disciplinary actions.