STATUTORY RULES.
1943. No. 243
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-ninth day of September, 1943.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Military Forces (Women’s Services) Regulations. †
Authority to command and subordination of members—A.A.N.S.
1. Regulation 12 of the Military Forces (Women’s Services) Regulations is amended by inserting in sub-regulation (3.), after the words “command of”, the word “medical”.
Authority to command and subordination of members—A.A.M.W.S.
2. Regulation 21 of the Military Forces (Women’s Services) Regulations is amended—
(a) by inserting in sub-regulation (2.), after the words “command of”, the word “medical”; and
(b) by adding at the end thereof the following sub-regulation:—
“(3.) Subject to the last preceding sub-regulation, where an officer of the Australian Army Medical Corps, and an officer of the Australian Army Medical Women’s Service are performing similar duties, they shall, as between themselves in matters connected with those duties, exercise command in accordance with their respective ranks, or, if equal in rank, in accordance with their Army seniority.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1943, No. 68.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5118.—Price 3d. 25/23.8.1943.
Overview
The Statutory Rules 1943 No. 243, Regulations under the Defence Act 1903–1941, were enacted to amend the Military Forces (Women’s Services) Regulations, addressing the need for clearer command structures within the military forces, particularly for women’s services during wartime. These regulations were issued by the Governor-General in Council, with the aim of ensuring that the authority and subordination of members, particularly those from the Australian Army Medical Corps and the Australian Army Medical Women’s Service, were clearly defined to enhance operational efficiency and cohesion. The amendments sought to provide explicit guidelines for the exercise of command in cases where officers from these services performed similar duties, ensuring that command was exercised in accordance with rank and seniority where applicable.
Scope and Application
These regulations, made under the Defence Act 1903–1941, pertain specifically to the Australian Army Medical Corps and the Australian Army Medical Women’s Service. They amend the Military Forces (Women’s Services) Regulations to clarify and expand the command structure and authority within these two services. The amendment to Regulation 12 allows for a female medical officer to command other members in medical matters, thereby recognising their authority in their respective medical roles. Regulation 21 is similarly amended to ensure that in situations where officers from both services are performing similar duties, command is exercised according to their respective ranks or, if their ranks are equal, their seniority within the Army. These regulations are applicable to all members of the Australian Army Medical Corps and the Australian Army Medical Women’s Service, and they extend to all duties and responsibilities within the Commonwealth of Australia. The scope of these amendments is limited to the command and subordination of members in medical contexts, and does not affect other aspects of military service or discipline.
Key Provisions
The primary operative sections of the Statutory Rules 1943, No. 243, involve amendments to the Military Forces (Women’s Services) Regulations. Specifically, Regulation 12 and Regulation 21 have been modified to include the word "medical" in sub-regulation (3) (section 1) and sub-regulation (2) (section 2(a)), respectively. Furthermore, a new sub-regulation (3) has been added to Regulation 21, stipulating the command hierarchy between officers of the Australian Army Medical Corps and the Australian Army Medical Women’s Service when they are performing similar duties (section 2(b)). These provisions aim to clarify and define the authority and subordination of members within the medical services of the military.
These regulations impose obligations on members of the Australian Army Medical Corps and the Australian Army Medical Women’s Service. Firstly, they require that the term "medical" be included in the relevant sections of the Regulations, thereby formally acknowledging the medical context of their duties. Secondly, the new sub-regulation (3) introduces a clear command structure for officers performing similar duties, ensuring that command is exercised based on rank or, if equal, Army seniority. This is intended to maintain order and clarity in the chain of command, particularly in situations where both male and female medical officers are working together.
Breach of these regulations could lead to disciplinary action within the military, as the Regulations are made under the Defence Act 1903–1941, which includes provisions for the enforcement of military law. While the specific civil or criminal penalties are not detailed in the Statutory Rules, breaches of military regulations can typically result in administrative penalties, such as fines or reprimands, and in severe cases, court-martial proceedings. The potential criminal consequences would depend on the severity and nature of the breach, with penalties ranging from fines to imprisonment, as stipulated by the Defence Act.