Military Forces of the Commonwealth Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1914 No. 13, which were enacted in 1914, establish Provisional Regulations under the Defence Act 1903–1912 to address urgent amendments in the military forces of the Commonwealth. These regulations were issued by The Governor-General in Council, acknowledging the immediate necessity for these changes. The overarching policy objective of these provisional regulations is to streamline the processes for appointments and promotions within the military forces, ensuring that the Military Board and the Promotion Board can more efficiently handle the recommendations and decisions regarding officer appointments and promotions above the rank of Major, as well as the appointment of Commandants and officers to command regiments and corps.

Scope and Application

The Provisional Regulations under the Defence Act 1903–1912, specifically concerning Regulations 2, 3, and 4, apply to the Military Forces of the Commonwealth and are issued with immediate effect. These regulations pertain to the roles and responsibilities of the Military Board and the Promotion Board in making recommendations for promotions and appointments within the military hierarchy, particularly for ranks above Major and for Commandants and officers commanding regiments and corps. The regulations also adjust the composition and functions of the Promotion Board, cancelling the prior arrangement where the Inspector-General was the President and the Chief of Ordnance attended to advise on specific officer promotions. These changes are intended to streamline the process of military promotions and appointments, ensuring that recommendations are made directly to the Secretary of the Department of Defence for ministerial consideration. This legislative instrument is applicable nationwide, as it concerns the federal military forces of Australia, and its immediate operation underscores the urgency of these amendments.

Key Provisions

The Provisional Regulations under the Defence Act 1903–1912, specifically Regulations 2, 3, and 4, introduce amendments primarily concerning the appointment and promotion processes within the Military Forces of the Commonwealth. Regulation 2 modifies the Military Board's role by tasking it with considering and making recommendations for all promotions to ranks above Major, as well as appointments of officers as Commandants and to command regiments and corps (Reg. 2). Regulation 3 replaces the existing Promotion Board structure, removing the Inspector-General as its President and altering its composition to include the Adjutant-General and the Senior District Commandant, among others (Reg. 3). Regulation 4 removes the Inspector-General's role as President of the Promotion Board (Reg. 4). These regulations impose specific obligations on the Military Board and the new Promotion Board structure. The Military Board must now consider and make recommendations for promotions and appointments to certain ranks and positions, a role previously assigned to the Inspector-General (Reg. 2). The newly constituted Promotion Board is responsible for considering and recommending promotions to ranks above Major, as well as appointments to command positions, with its recommendations to be submitted to the Secretary of the Department of Defence and subsequently to the Minister (Reg. 3). The Chief of Ordnance is tasked with attending Promotion Board meetings to provide advice on promotions for Artillery and Engineer Officers (Reg. 3). There are no explicit provisions in these regulations that outline offences, penalties, or civil/criminal consequences for breaches. However, any failure to adhere to the stipulated processes for appointments and promotions within the Military Forces could potentially lead to administrative consequences, including inquiries or reviews by higher authorities within the Department of Defence or the government. The seriousness of such consequences would depend on the nature and impact of the non-compliance.