STATUTORY RULES.
1915. No. 143.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Regulations for the Military Forces of the Commonwealth.
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 1903-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this eighteenth day of August, 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.
Addition.
Regulation 248a—After Regulation 248 insert the following now Regulation:—
“248a. In lieu of being placed in arrest an officer or soldier who is considered to have been guilty of negligence may, on the approval of the Minister, be suspended from duty pending the conclusion of any inquiry or investigation which may be instituted for the purpose of obtaining evidence on which to formulate charges.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.11450.—Pbice 3d.
Overview
Statutory Rules 1915 No. 143, titled "Provisional Regulations Under the Defence Act 1903-1915," was enacted in 1915 by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislation was introduced to address the urgent need for regulations governing the military forces of the Commonwealth, particularly in the context of the First World War, when the existing Defence Act required immediate modifications to accommodate the changing military landscape and operational needs. The provisional nature of these regulations was necessitated by the urgency of the situation, allowing for swift implementation to ensure the effective and efficient management of military forces during this period of heightened conflict.
The primary policy objective underpinning these provisional regulations was to provide a flexible and immediate framework for the management of military personnel, specifically addressing disciplinary measures such as the suspension of officers or soldiers found guilty of negligence. By allowing for suspension in lieu of arrest pending an inquiry, the regulations aimed to streamline the process of addressing misconduct within the military while maintaining the integrity and effectiveness of military operations. The regulations were intended to come into immediate operation, reflecting the pressing need for such measures in the context of wartime exigencies.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1915, specifically Regulation 248a, apply to officers and soldiers within the Military Forces of the Commonwealth who are considered to have been guilty of negligence. These regulations provide an alternative to placing the individual in arrest by allowing them to be suspended from duty instead, pending the outcome of any inquiry or investigation that may be conducted to obtain evidence for potential charges. The regulations thus govern the conduct and disciplinary actions applicable to members of the military, ensuring that there is a structured process for addressing negligence that is approved by the Minister. The application of these regulations is limited to the members of the Commonwealth's military forces and does not extend to other personnel or entities outside this scope. Furthermore, these regulations are subject to the overarching provisions of the Defence Act 1903-1915, which governs the administration and discipline of the military forces.
Key Provisions
The Statutory Rules 1915, No. 143, under the Defence Act 1903-1915, introduces new regulations specifically for the Military Forces of the Commonwealth. Among these, Regulation 248a (248a) provides an alternative to the traditional method of placing an officer or soldier in arrest. Instead, if an officer or soldier is found to be negligent, they may be suspended from duty. This suspension is conditional upon approval from the Minister and is intended to take place while an inquiry or investigation is being conducted to gather evidence for potential charges.
These regulations impose specific obligations on military personnel and the Ministry of Defence. The main obligation is for the Minister to review and approve any decision to suspend a military member from duty instead of placing them under arrest. This process is meant to ensure that any suspension is justified and based on evidence collected during the investigation. Furthermore, the regulations place the responsibility on the military to conduct thorough inquiries and investigations to provide sufficient evidence for any potential charges against negligent officers or soldiers.
Failure to comply with these regulations could result in serious consequences. While the specific offences and penalties are not detailed within this legislation, breaches of military regulations can lead to both civil and criminal repercussions. In the military context, negligence can be a severe offence, potentially resulting in disciplinary action, fines, or even imprisonment depending on the severity of the negligence and the findings of the investigation. The exact penalties would be determined based on the outcomes of the investigation and any subsequent charges brought forth under the Defence Act 1903-1915.