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

Legislation au C1915L00101 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1915. No. 101.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.

Regulations for the Military Forces of the Commonwealth.—Regulations 112-119.—Amendments.

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 Act 1903-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-first day of June, 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.

Amendments.

Regulations 112 to 119 inclusive are cancelled, and the fallowing substituted therefor:—

112. An establishment of Chaplains will be laid down, and published in Military Orders as may be necessary.

112a. The Chaplains’ Department will consist of Chaplains serving on the—

(a) Authorized establishment,

(b) Unattached List.

112b. A clergyman of any recognised religious body may be appointed a Chaplain.

112c. Nominations may be received for appointment as Chaplains from clergyman of any recognised denomination, and will be sent through the Senior Chaplain of the denomination to the Commandant, and will be forwarded by him to the Chaplain-General of the denomination concerned, for transmission to the Military Board.

In other cases, nominations will be sent by the head of the denomination, or the recognised governing body, direct to the Commandant, for submission to the Military Board.

113. Chaplains will be divided into four classes; viz.:—

4th Class—with relative rank of Captain,

3rd Class—with relative rank of Major,

2nd Class—with relative rank of Lt-Colonel.

1st Class—with relative rank of Colonel.

C.7134.—Price 3d.

114. Four Chaplains-General will be appointed, one for each of the following denominations:—

Anglican,

Roman Catholic,

Presbyterian,

Methodist,

to be the head of each denomination concerned, or a clergyman, recommended by the recognised governing or consultative body of such denomination.

114a. A Senior Chaplain for each of the following denominations may be appointed in each Military District to administer the Chaplains of his own denomination in the District: —

Anglican,

Roman Catholic,

Presbyterian,

Methodist.

Senior Chaplains for other denominations may be appointed on the recommendation of the Military Board, subject to provision being made for their appointments on the authorized establishment.

A Senior Chaplain shall either be—

(a) the head of the denomination in the Military District; or

(b) such other clergyman as he or the recognised denominational governing or consultative body may recommend.

On the termination of his appointment, a Senior Chaplain may be absorbed in the first vacancy with his classification on the authorized establishment, or if there be no vacancy on the authorized establishment, he may be transferred to the Unattached List pending a vacancy.

115. Promotions of Chaplains will be governed by length of service as follows: —

(i) to the 3rd Class—after 10 years’ service as Chaplain,

(ii) to the 2nd Class—after 15 years’ service as Chaplain, including 5 years in the 3rd Class.

(iii) to the 1st Class—after 20 years’ service as Chaplain, 5 of which must have been in the 2nd Class.

Provided that a clergyman appointed Chaplain-General or Senior Chaplain may be appointed 1st or 2nd Class Chaplain without having previously served as a Chaplain.

115. Transfers of Chaplains from one Military District to another will receive the sanction of the Senior Chaplains of the Military Districts concerned, or, in the case of other denominations, the head of the denomination or governing body in each of the Military Districts.

116a. A Chaplain leaving the Military District in which he is resident, or changing his address, will at once notify the Senior Chaplain of his denomination, who will report the same to the Commandant.

116b. On intimation being received by the Military Board from the head of a denomination that a Chaplain has ceased to be in

the service of the denomination, or is considered to be unsuitable to carry out the duties of a Chaplain, his appointment will be cancelled.

A Chaplain on the establishment who has not performed any duty for two years in succession, will be retired, provided that in special cases this period may be extended on the recommendation of the Senior Chaplain of his denomination and the Commandant.

In the event of a Chaplain on the establishment retiring, the fact shall be notified by the Senior Chaplain of the denomination concerned to the Commandant, and a new nomination will be submitted to fill the vacancy.

The appointment of a Chaplain who ceases to reside in Australia will be terminated.

116c. An Unattached List shall be formed to which Chaplains who have served for not less than one year on the authorized establishment of Chaplains shall be transferred when they are temporarily unable to serve on the authorized establishment, or when they are, for any reason whatever, unable to discharge the more active duties entailed by service as Chaplains.

Chaplains will only be transferred to the Unattached List who certify that they are capable of, and desirous for, employment as Chaplains if required.

Chaplains will only be permitted to remain on the Unattached List for five years, and, failing to gain a re-transfer to the authorized establishment on completion of this period, will be retired.

117. Chaplains will not be subject to the Regulations governing the age for retirement laid down in Commonwealth Military Regulation 134.

118. Chaplains are required to perform duty with the troops as may be arranged by their Senior Chaplains.

All arrangements for Divine Service will be made by the Senior Chaplain of each denomination for the service of his denomination, but this shall not prevent two or more Chaplains agreeing to hold combined services at any time, with the concurrence of their Senior Chaplains.

Chaplains detailed for duty at Camps of Continuous Training should, if possible, attend for the whole period, and will be granted allowances, as laid down in Financial and Allowance Regulations.

119. Chaplains are to be treated with those marks of respect which are due to their rank and profession, and Commandants and Officers Commanding are to render them every possible assistance in carrying out their duties.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Provisional Regulations Under the Defence Act 1903-1915, enacted in 1915, aimed to address the urgent need to establish a structured framework for the appointment, classification, and management of Chaplains within the Military Forces of the Commonwealth. The Regulations were made by the Governor-General in Council, reflecting the pressing requirements during wartime. The primary policy objective of these Regulations was to ensure that the spiritual needs of military personnel were adequately met by providing clear guidelines for the organisation and oversight of Chaplains. These Regulations laid out the establishment of Chaplains, their classifications based on service length, the appointment process, and the conditions under which Chaplains could be transferred or retired. They also stipulated the duties and respect owed to Chaplains within the military structure.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1915 pertain specifically to the establishment and management of Chaplains within the Military Forces of the Commonwealth of Australia. These regulations apply to individuals appointed as Chaplains, including those on the authorized establishment and the Unattached List, and to the management of the Chaplains’ Department, which comprises Chaplains of recognized religious denominations. The scope extends to the appointment, classification, promotions, and transfers of Chaplains, as well as their duties and the conditions of their service. The regulations apply on a national level, affecting all military forces under the Commonwealth of Australia. There are no stated exclusions or thresholds in these regulations, but they do specify conditions under which Chaplains may be transferred to the Unattached List or retired. The application and interpretation of these regulations can be further detailed through subordinate instruments, which may provide additional administrative and operational guidelines.

Key Provisions

The Provisional Regulations under the Defence Act 1903-1915, particularly Regulations 112 to 119, outline the structure, appointment, and operational procedures for the Chaplains’ Department within the Military Forces of the Commonwealth. Regulation 112 establishes that an establishment of Chaplains will be laid down and published in Military Orders. Regulation 112a specifies that the Chaplains’ Department consists of Chaplains on the authorized establishment and those on the Unattached List. Regulation 112b permits the appointment of a clergyman from any recognised religious body as a Chaplain, while Regulation 112c details the nomination process for these appointments. Regulation 113 divides Chaplains into four classes, correlating with ranks from Captain to Colonel. Regulation 114 mandates the appointment of a Chaplain-General for each major denomination (Anglican, Roman Catholic, Presbyterian, Methodist), while Regulation 114a allows for the appointment of Senior Chaplains within each Military District for the same denominations, with additional appointments subject to Military Board approval. The obligations imposed on Chaplains and the Military Forces include the notification of any changes in residency or address (Regulation 116a), the reporting of a Chaplain ceasing service or deemed unsuitable (Regulation 116b), and the creation of an Unattached List for Chaplains unable to serve on the authorized establishment (Regulation 116c). Chaplains are also required to perform duty as arranged by their Senior Chaplains (Regulation 118) and are to be treated with respect (Regulation 119). Promotions of Chaplains are governed by length of service, with specific criteria for each rank (Regulation 115). Transfers between Military Districts require the sanction of the relevant Senior Chaplains or heads of denominations (Regulation 115). Breaches of these regulations may not explicitly detail specific offences, penalties, or consequences within the provided text. However, given the nature of military regulations, non-compliance could potentially result in disciplinary action, administrative penalties, or other forms of sanction as determined by the Military Board or higher authority within the Defence Act framework. The exact consequences would depend on the severity and nature of the breach, aligning with broader military law and administrative regulations.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.