STATUTORY RULES.
1906. No. 76.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.
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 Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this fourteenth day of September, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
Commonwealth Military Regulations.
At end of paragraph 164. add—
Appointments.
164. (a) Except under special circumstances, appointments as Military Staff Clerks will only be granted to Non-commissioned Officers and Men of the Permanent Military Force of the Commonwealth who fulfil the following conditions as to age, educational and other qualifications.
(b) A candidate will not be eligible for appointment unless he is within the age of 19 and 35 years, and has served for at least two years in the Permanent Military Forces of the Commonwealth, except under special circumstances approved by the Military Board. Should, however, there not be a sufficient number of qualified candidates forthcoming from the Permanent Forces, candidates may, at the discretion of the Military Board, be appointed from outside the Permanent Forces.
(c) Candidates will be required to be in possession of educational certificates, showing that they have passed either—
The Matriculation Examination, or its equivalent, of a British or Australian University.
The Junior Public Examination of one of the Australian Universities.
The examination qualifying for appointment to the clerical division of the Commonwealth Public Service, or of the Public Service of one of the States.
Candidates must also be certified to be efficient typists, and must be in possession of a certificate that they can write shorthand from dictation at the rate of at least 80 words a minute.
C. 9634 —Price 3d.
(d) The applications of candidates for appointment, accompanied by the certificates referred to in (c), and certified copies of Defaulter Sheets and statements of service of the candidates, will be submitted to the Military Board through the usual channels. Commanding Officers and Commandants will, in forwarding the applications, state their opinion as to the suitability of the candidates for appointment.
(e) Approved candidates will, as vacancies occur, be appointed for six months on probation. At the end of this period, the appointment may be confirmed if recommended by the Commandant (or by the Staff Officer in the case of a clerk appointed to the Central Administration) under whom he is serving.
(f) All appointments will be to the 4th Class, at the minimum rate for that class prescribed in Financial and Allowance Regulations, except that a non-commissioned officer or man in receipt of a higher rate of pay may be permitted to retain such higher rate (provided it does not exceed the maximum prescribed for Class IV.), but he will not be granted any increase thereto until he is either promoted to a higher class or until such time as he would be enabled, by ordinary increments, to reach his existing salary had he been appointed at the minimum rate prescribed.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
Overview
Statutory Rules 1906 No. 76, the Provisional Regulations under the Defence Acts 1903–1904, were enacted to provide immediate operational regulations necessary for the management of the Commonwealth’s military forces. This legislative instrument was introduced to address the urgent need for structured appointments and qualifications for Military Staff Clerks within the Permanent Military Force of the Commonwealth. The regulations were made under the authority of the Governor-General, with advice from the Federal Executive Council, and came into immediate effect due to the urgency of the matter. The overarching policy objective was to ensure that appointments to the role of Military Staff Clerk were based on stringent criteria, including age, service duration, and specific educational and typist qualifications, thereby maintaining a high standard of administrative capability within the military force.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904, as set forth in Statutory Rules 1906 No. 76, pertain specifically to appointments within the Military Staff Clerk cadre. These regulations apply to Non-commissioned Officers and Men of the Permanent Military Force of the Commonwealth, who must meet certain age and service requirements to be eligible for such positions. The geographic reach of these regulations is national, applying throughout the Commonwealth of Australia. The regulations outline stringent educational and skill qualifications, such as proficiency in typing and shorthand, and require candidates to submit educational certificates and service records to the Military Board for review. Appointments are initially probationary for six months, after which they may be confirmed based on the Commandant's recommendation. Additionally, these regulations stipulate that appointments will be made at the minimum rate for the fourth class, with provisions for retaining higher pay rates under specific conditions. The regulations do not explicitly state exclusions or thresholds, but they do allow for special circumstances where the standard criteria may be waived.
Key Provisions
The key operative sections of these Provisional Regulations under the Defence Acts 1903–1904, as outlined in section 164(a), pertain to the appointment of Military Staff Clerks. These positions are primarily reserved for Non-commissioned Officers and Men of the Permanent Military Force of the Commonwealth who meet specific age and service criteria, as well as educational and typist qualifications. Candidates must be between 19 and 35 years old and have served at least two years in the Permanent Military Forces, with exceptions allowed under special circumstances. If there is a shortage of qualified candidates from within the Permanent Forces, appointments may be made from outside this group at the Military Board’s discretion. Additionally, candidates must possess educational certificates demonstrating their ability to pass certain examinations or qualify for clerical positions in public services, along with certificates for their typing and shorthand skills.
These Regulations impose specific obligations on the parties involved in the appointment process. Candidates must meet the outlined criteria and submit their applications along with the required certificates and statements of service to the Military Board through the appropriate channels. Commanding Officers and Commandants play a crucial role in this process by forwarding the applications and providing their opinions on the candidates' suitability. Approved candidates will be appointed for a probationary period of six months, after which their appointments may be confirmed if recommended by their superiors.
Failure to comply with the provisions of these Regulations could lead to civil or criminal consequences. While the specific penalties are not detailed within these Regulations, breaches of military service rules or fraud in the application process could result in disciplinary actions or legal proceedings. The seriousness of the offence would determine the specific penalties, which could range from administrative sanctions to criminal charges depending on the nature and severity of the breach.