Military Forces (Women's Services) Regulations (Amendment)

Legislation au C1944L00119 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 119.

––––––

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1941.

Dated this twenty-second day of August, 1944.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) F. M. FORDE

Minister of State for the Army.

————

Amendment of Military Forces (Women’s Services) Regulations.†

Eligibility for appointment, transfer, &c., to Australian Army Nursing Service.

1. The Military Forces (Women’s Services) Regulations are amended by inserting after regulation 4 the following regulation:—

“4a. A woman shall not be eligible for appointment, transfer or secondment to the Australian Army Nursing Service unless she—

(a) has attained the age of twenty-one years, but has not yet attained the age of forty years;

(b) is duly registered as a nurse in a State or Territory of the Commonwealth;

(c) is a spinster, widow or divorcee;

(d) has no dependent children under the age of sixteen years; and

(e) has passed such medical examination as is approved by the Military Board:

Provided that a woman who has attained the age of forty years, but has not attained the age of forty-five years, may be appointed, transferred or seconded to the Australian Army Nursing Service, if the Military Board certifies that she has special qualifications or that it considers that special circumstances warrant her appointment, transfer or secondment”.

 

* Notified in the Commonwealth Gazette on     , 1944.

† Statutory Rules 1943, No. 68 as amended by Statutory Rules 1943, No. 243; and 1944, No. 22.

4011.—Price 3d.         11/26.6.1944.


Eligibility for appointment to Australian Women’s Army Service and Australian Army Medical Women’s Service.

2. Regulation 5 of the Military Forces (Women’s Services) Regulations is amended by omitting the words “a Women’s Service” (wherever occurring) and inserting in their stead the words “the Australian Women’s Army Service or the Australian Army Medical Women’s Service”.

3. The Military Forces (Women’s Services) Regulations are amended by inserting after regulation 6 the following regulations:—

Age for retirement from Australian Army Nursing Service.

“6a. Notwithstanding the provisions of regulation 124 of the Australian Military Regulations, members of the Australian Army Nursing Service shall be retired at the ages shown in the following table:—

Appointment.

Age for Retirement.

 

Years.

Matron-in-Chief.....................

60

Principal Matron.....................

58

Senior Matron......................

55

Matron...........................

50

Senior Sister........................

45

Sister............................

45

Age for retirement of officers from Australian Women’s Army Service and Australian Army Medical Women’s Service.

“6b. Notwithstanding the provisions of regulation 124 of the Australian Military Regulations, officers of the Australian Women’s Army Service and of the Australian Army Medical Women’s Service shall be retired at the ages shown in the following table:—

Rank.

Age for Retirement.

 

Years.

Major and higher ranks.................

55

Captain...........................

50

Lieutenant.........................

50

Age for discharge of soldiers from Australian Women’s Army Service and Australian Army Medical Women’s Service.

“6c. Notwithstanding the provisions of regulation 191 of the Australian Military Regulations, a soldier of the Australian Women’s Army Service or of the Australian Army Medical Women’s Service shall be discharged on reaching the age of forty-eight years”.

4. The Military Forces (Women’s Services) Regulations are amended by inserting after regulation 12 the following regulations:—

Complaints by members of Australian Army Nursing Service.

“12a. Before any officer to whom a complaint by a member of the Australian Army Nursing Service is made or referred pursuant to regulation 194 of the Australian Military Regulations deals with the complaint, he shall refer it for comment to the senior officer of the Australian Army Nursing Service at the head-quarters of the unit or formation, &c. concerned or, in the case of a complaint referred to the Military Board, to the Director-General of Medical Services and to the Matron-in-Chief.


Members of Australian Army Nursing Service to stand to attention on certain occasions.

“12b. The provisions of regulations 679, 681, 682, 687, 689, 692, 693, 705, 706 and 724 of the Australian Military Regulations shall not apply to or in respect of members of the Australian Army Nursing Service, but on all occasions when, in accordance with regulations 679, 681 and 682 of those Regulations, officers are required to salute, members of the Australian Army Nursing Service will stand to attention They will also stand to attention while troops or naval landing parties with uncased colours, or the cortege of a naval, military or air force funeral is passing them.

Head dress in civil courts.

“12c. The provisions of regulation 694 of the Australian Military Regulations shall not apply to members of any Women’s Service, who, while present in a civil court, will wear their head dress”.

Power of certain officers to dispose of charges summarily.

5. Regulation 27 of the Military Forces (Women’s Services) Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2) Any charge against an officer of or below the rank of Lieutenant-Colonel of a Women’s Service may be disposed of summarily by any authority who has power to deal summarily with a charge against a male officer below the rank of field officer:

Provided that a charge against an officer of the rank of field officer shall not be disposed of otherwise than by a general officer:

Provided further that reduction in rank, extra duties or confinement to camp or barracks may not be awarded as punishment”.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1944, No. 119, made under the Defence Act 1903-1941, were introduced to amend the Military Forces (Women’s Services) Regulations, specifically addressing the eligibility, retirement, and disciplinary procedures for women serving in the Australian Army Nursing Service, the Australian Women's Army Service, and the Australian Army Medical Women's Service. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aimed to establish clear criteria for the appointment and service of women in these roles, including age limits, marital status, and medical fitness, while also defining retirement ages and modifying certain disciplinary and ceremonial procedures. This legislative instrument was designed to align the service conditions for women in these specific military roles with the broader military regulations and to ensure consistency and fairness in their treatment within the Defence Force.

Scope and Application

The Statutory Rules 1944, No. 119 amends the Military Forces (Women's Services) Regulations under the Defence Act 1903-1941, primarily focusing on the eligibility, retirement, and conduct of women serving in specific services within the Australian Defence Force. These regulations apply to women who are eligible for appointment, transfer, or secondment to the Australian Army Nursing Service, Australian Women's Army Service, and Australian Army Medical Women's Service. The eligibility criteria include age restrictions, marital status, dependents, and medical fitness. Retirement ages for different ranks within these services are also specified, deviating from general military retirement provisions. Additionally, the regulations detail procedural aspects such as handling complaints by members of the Australian Army Nursing Service and the conduct of service members in civil courts and during ceremonial events. The scope of these regulations is limited to the Commonwealth of Australia, impacting federal military services and their female members directly. These regulations extend their application through subordinate instruments, ensuring that specific provisions regarding women's services in the military are clearly defined and enforced. The amendments and provisions outlined in the regulations are specific to women in the designated services and do not explicitly state exclusions or exemptions beyond the eligibility criteria. The regulations, by their nature, apply uniformly across all states and territories within the Commonwealth, reinforcing the federal oversight and uniformity in military service standards and practices.

Key Provisions

The main operative sections of these Regulations (Statutory Rules 1944, No. 119) primarily concern the amendment of eligibility criteria, age limits, and retirement provisions for the Australian Army Nursing Service (AANS), the Australian Women's Army Service (AWAS), and the Australian Army Medical Women's Service (AAMS). Specifically, section 1 introduces stringent eligibility requirements for women seeking appointment, transfer, or secondment to the AANS, including age, registration status, marital status, and the absence of dependent children, alongside passing a medical examination approved by the Military Board. It also provides exceptions for women aged 40-45 with special qualifications or circumstances. Section 2 amends the eligibility criteria for the AWAS and AAMS, while sections 3 and 4 set forth specific retirement ages for members of these services, differentiating between various ranks and roles within the AANS, AWAS, and AAMS. Section 5 modifies the disciplinary process, allowing for summary disposal of certain charges against officers in the women's services by appropriate authorities, with limitations on the types of punishment that may be imposed. These Regulations impose specific obligations on individuals seeking to join or remain in the AANS, AWAS, and AAMS, as well as on the authorities responsible for managing these services. For women aspiring to join or transfer within the AANS, the Regulations necessitate adherence to the stipulated eligibility criteria, including age, registration, marital status, and family responsibilities, in addition to passing a medical examination. For members of these services, compliance with the specified retirement ages is mandatory, and officers must abide by the amended disciplinary procedures. The Regulations also mandate that complaints made by AANS members be referred to appropriate senior officers for review and that AANS members adhere to certain protocols regarding attention and head dress in specified contexts. The Regulations stipulate various consequences and penalties for non-compliance with the outlined provisions. While the Regulations do not explicitly enumerate specific offences or penalties for failing to meet eligibility criteria or retirement age requirements, non-compliance could lead to administrative actions, such as denial of appointment, transfer, or secondment, or mandatory retirement. The summary disposal of charges against officers in the women's services is permitted, with restrictions on the types of punishment that can be imposed, such as reduction in rank, extra duties, or confinement to camp or barracks. However, the Regulations do not explicitly state maximum penalties for breaches, implying that any consequences would be determined by the relevant authorities within the framework of military law.

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