STATUTORY RULES.
1911. No. 208.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Amendment of Commonwealth Military Regulation 418.
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 eleventh day of December, 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.
Amendments.
In Regulation 418, after sub-paragraph (c), add:—
(d) Commanding officers shall in all cases be held personally liable for loss in respect to equipment, clothing, or other stores on their charge, unless satisfactory evidence is tendered to the Board—
(1) that the loss is due to the wrongful act, default, or neglect, on the part of some other person definitely ascertained, or
(2) that, although no other person can be definitely ascertained as responsible for the loss, all necessary instructions and supervision had been given and exercised by the Commanding Officer such as might reasonably have been required of him in the circumstances, or
(3) that the loss was due to some occurrence or fact over which he had no control.
(e) Boards will state definitely in their report whether the evidence produced is sufficiently satisfactory to relieve the Commanding Officer of personal responsibility, and under what sub-head of sub-paragraph
(d) If the evidence produced is not considered such as to relieve the Commanding Officer, he should be informed accordingly by the President, and an opportunity afforded, if desired by him, of furnishing further evidence.
(f) A Commanding Officer who is held under this regulation to be personally liable for such loss, and who fails to pay for the whole or such part of the loss as he may be required to meet, shall be removed from his command.
(g) When the total loss of articles on charge to a Commanding Officer exceeds £5 in any year, the whole of the board proceedings in respect to losses in such unit will be submitted to Head-Quarters. The value of articles written off on payment from private funds is not to be included in the above amount.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.17832.—Price 3d.
Overview
The Statutory Rules 1911 No. 208, titled "Provisional Regulations under the Defence Act 1903-1910", was enacted to address the need for immediate regulation amendments concerning the accountability of commanding officers within the military forces of the Commonwealth. The urgency behind the creation of this provisional regulation was recognised by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The objective was to establish a clear framework for the personal liability of commanding officers for losses of equipment, clothing, or other stores under their charge, and to provide a structured process for determining their accountability through Boards. This provisional regulation was designed to ensure that commanding officers could be held personally responsible unless certain conditions were met, thereby maintaining discipline and accountability within the military forces.
Scope and Application
The Statutory Rules 1911 No. 208, which constitute Provisional Regulations under the Defence Act 1903-1910, serve to amend Regulation 418, specifically targeting the military forces of the Commonwealth. This legislation applies to commanding officers within the military, holding them personally liable for any losses of equipment, clothing, or other stores under their charge, unless specific conditions are met. These conditions include the loss being due to another person's wrongful act, default, or neglect, or that all necessary instructions and supervision were provided by the commanding officer, or that the loss was due to an uncontrollable occurrence. Boards are mandated to explicitly state in their reports whether the evidence is satisfactory to relieve the commanding officer of personal responsibility. Failure to meet financial obligations for losses can result in removal from command. Moreover, if the total loss exceeds £5 in any year, the proceedings must be submitted to Head-Quarters, excluding any value of articles written off from private funds.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1910 pertain to the personal liability of commanding officers for losses related to equipment, clothing, or other stores under their charge. Specifically, section 418(d) states that commanding officers will be held personally liable for any such losses unless they can provide satisfactory evidence that the loss was due to someone else's wrongful act or default, that they exercised all necessary instructions and supervision, or that the loss was due to an uncontrollable occurrence. Section 418(e) requires that boards clearly state in their reports whether the evidence provided is satisfactory to absolve the commanding officer of personal responsibility. If the evidence is not satisfactory, the commanding officer must be informed, and given a chance to present further evidence.
The Act imposes several obligations on the parties it governs. Commanding officers must ensure that they are not personally liable for losses by providing appropriate evidence when required. This includes proving that losses were due to another's negligence, that they exercised proper oversight, or that the loss was beyond their control. Additionally, boards must provide clear and definitive reports on the evidence presented, indicating whether it absolves the commanding officer of personal responsibility.
Failure to comply with these obligations can result in significant consequences. According to section 418(f), a commanding officer who is held liable for losses and fails to pay for them may be removed from their command. Furthermore, section 418(g) mandates that when the total loss of articles exceeds £5 in any year, the entire board proceedings for losses in the unit must be submitted to Headquarters, excluding losses written off using private funds. These provisions highlight the importance of accountability and proper oversight within the military forces.