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

Legislation au C1911L00073 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1911. No. 73.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.

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 1903-1910 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 12th day of May, One thousand nine hundred and eleven.

DUDLEY,

Governor-General.

By His Excellency’s Command,

G. McGREGOR.

 

REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.

Amendments.

Appointment of Warrant and Non-commissioned Officers to the Instructional Staff of the Commonwealth Military Forces.

Regulations 152 to 159 are cancelled, and the following substituted:—

“152. A Special School of Instruction shall be established for the training of an instructional staff of non-commissioned officers, and all future appointment of persons to act as instructors shall be made from amongst those who have, at the close of the prescribed course, satisfied the Chief of the General Staff, or some person duly appointed by him, that they are competent.

‘‘Provided that persons who have acted as instructors in the British Army, or who, having served in the British Army, satisfy the Chief of the General Staff that they have the necessary qualifications, may be appointed without passing through such course. (Section 21b of the Defence Act.)

“153. To be eligible for appointment to the Special School of Instruction referred to in Regulation 152, a candidate must—

(1) Be within the ages of 22 and 40 years at the date of commencement of examination for such appointment referred to in sub-paragraph (5) of this Regulation, except under special circumstances approved by Military Board.

(2) Have served for at least three years in the Active Forces of the Military Forces of the Commonwealth, except under special circumstances approved by the Military Board.

(3) Be recommended by his Commanding Officer (or, in the case of a candidate not serving at the time of application, by the Commanding Officer of the Corps in which he last served) as a fit and proper person for appointment to the Instructional Staff.


(4) Be certified as medically fit, in accordance with Regulation 156.

(5) Have passed the examination for appointment to the School referred to in Regulation 157 (in the case of there being more candidates than vacancies the examination will be competitive).

“154. Notification of intention to hold an examination for appointment to a school under Regulation 152 will be published in orders and by advertisement in each of the States. Such notification shall state the estimated number of vacancies, and the place and dates between which the school will be held.

“155. The applications of candidates who have served in the Military Forces of the Commonwealth, as provided in Regulation 153 (2) will be submitted to District Commandants through the usual channel, and provided they comply with the conditions prescribed in these Regulations, may be approved by them. Railway passes may be issued to approved candidates to attend the examination.

“156. Each candidate will be medically examined, either by the Principal Medical Officer or Staff Officer for Medical Services, or the Medical Officer appointed to medical charge of permanent troops of his station of each district, and will not be further tested unless certified to be physically qualified.

“157. The examination (Regulation 153 (5)), will consist of:—

Subject.

Number of Question.

Time Allowed (hours).

Marks.

Full.

Qualifying.

Arithmetic—

 

 

 

 

Reduction, simple practice and proportion, vulgar and decimal fractions

12

100

60

English—

 

 

 

 

Writing from dictation extracts from Commonwealth Military Regulations or Standing Orders—

 

 

 

 

(a) Handwriting..............

40

28

(b) Spelling.................

60

32

Composition—To write a letter or simple essay on any given subject

1

100

50

Practical Drill—

 

 

 

 

Alternative

Light Horse—

Squad, troop and squadron drill, rifle and musketry exercises, guards and sentries skirmish-ing, instruction in equitation and stable duties

or

Infantry—

Squad and company drill, rifle and musketry exercises, skirmishing, guards and sentries

 

 

 

 

300

150

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

300

150

 

 

 

 

 

 

 

 


“The papers for the written portion of the examination will be prepared by a Board appointed by the Chief of the General Staff, and will be forwarded to District Commandants, who will assemble Boards to supervise the written portion of the examination, mark the examination papers, and carry out the practical test.

“As soon as possible after the conclusion of the examination, the results of the examination, showing the names of the successful candidates in order of merit, will be forwarded by Commandants to the Chief of the General Staff at Head-quarters.

“158. The required number of successful candidates in the order of merit in which they pass the examination will be seconded from their Corps, and provisionally appointed to the Special School of Instruction with the rank of Sergeant. Whilst attending the School, they will be granted pay at the minimum rate prescribed for non-commissioned officers (Staff Sergeant-Majors) of the Instructional Staff, and will be provided with uniform and rations.

“159. At the conclusion of the school, candidates, in order to be recorded as having qualified for appointment to the Instructional Staff, will be required to pass an examination in Military Subjects, and to satisfy the Chief of the General Staff, or some person duly appointed by him, that they are competent to act as instructors.

“Vacancies existing on the Instructional Staff for first appointments thereto will be filled by successful candidates according to the order of merit in which they passed the qualifying examination. The remainder will be discharged from the school.

“Successful candidates for whom no vacancies exist will be eligible, without further examination, for appointment to any vacancy that may occur within eighteen months of the date of their discharge from the school, provided, however, that they are again passed as physically qualified in the manner prescribed in Regulation 156.”

 

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

Overview

The Statutory Rules 1911 No. 73, titled "Provisional Regulations under the Defence Act 1903-1910," were introduced to address the urgent need for the establishment of a Special School of Instruction for the training of an instructional staff of non-commissioned officers within the Commonwealth Military Forces. Enacted by the Governor-General in Council, these Provisional Regulations aimed to streamline the appointment process for instructional staff by ensuring that all future appointments are made from among those who have successfully completed a prescribed course and demonstrated their competency to the Chief of the General Staff or a duly appointed representative. The policy objective was to improve the quality and consistency of military instruction by establishing stringent eligibility criteria and a competitive examination process, thus enhancing the overall effectiveness of the Commonwealth Military Forces.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1910 apply specifically to the Military Forces of the Commonwealth, targeting the establishment and operation of a Special School of Instruction for the training of an instructional staff of non-commissioned officers. These regulations are applicable to individuals who have served in the Active Forces of the Military Forces of the Commonwealth and are within the prescribed age range and service duration, unless special circumstances are approved by the Military Board. Furthermore, these regulations apply to the process of appointing instructors who meet the criteria set out, including passing a competitive examination and demonstrating competence to the Chief of the General Staff. The regulations extend to the entire Commonwealth of Australia, impacting the conduct and transactions within the military forces across the nation. However, the regulations exclude those who have not served in the Active Forces of the Commonwealth or who do not meet the eligibility criteria. The application and scope of these regulations may also be extended or modified through subordinate instruments, ensuring flexibility in addressing specific circumstances or needs within the military forces.

Key Provisions

The key provisions of the Provisional Regulations under the Defence Act 1903-1910 establish a Special School of Instruction for the training of non-commissioned officers to serve as instructors within the Commonwealth Military Forces. According to Regulation 152, appointments to this instructional staff will be made from individuals who have completed a prescribed course and demonstrated their competence to the Chief of the General Staff or an authorised appointee. An exception is made for those who have served as instructors in the British Army, or those who have served in the British Army and possess the necessary qualifications as determined by the Chief of the General Staff. Regulation 153 outlines the eligibility criteria for candidates applying to the Special School of Instruction, including age, service requirements, medical fitness, and passing an examination. The Regulations impose several obligations and requirements on the parties involved. Candidates must meet the eligibility criteria specified in Regulation 153, including age limits, service duration, and medical certification. They must also pass the competitive examination detailed in Regulation 157, which consists of written and practical components. Regulation 154 mandates that notifications of examination dates, locations, and estimated vacancies be published in orders and advertisements. Successful candidates must be seconded from their Corps and provisionally appointed to the Special School of Instruction, as outlined in Regulation 158. Breaches of the provisions outlined in the Regulations may result in civil or criminal consequences, although specific offences and penalties are not explicitly stated in the text. However, given the nature of military regulations, failure to adhere to the stipulated requirements could lead to disciplinary actions, including discharge from service or other administrative penalties. The maximum penalties, if applicable, would be determined in accordance with the Defence Act 1903-1910 and other relevant military laws.

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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.