Naval College Regulations (Amendment)

Legislation au C1965L00055 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 55.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1964.*

I, THE ADMINISTRATOR OF THE GOVERMENT of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1964.

Dated this 8th day of May, 1965.

HENRY ABEL SMITH

Administrator

By His Excellency’s Command,

F. CHANEY

Minister of State for the Navy.

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Amendments of the Naval College Regulations.†

Definitions.

1. Regulation 4 of the Naval College Regulations is amended—

(a) by omitting the definitions of “Cadet Midshipman” and “Cadet Midshipman (Special Entry)” and inserting in their stead the following definitions:—

“‘Cadet Midshipman (Junior Entry)’ means a Cadet Midshipman who has entered the college by way of junior entry;

‘Cadet Midshipman (Senior Entry)’ means a Cadet Midshipman who has entered the College by way of senior entry;”; and

(b) by omitting the definitions of “British subject” and “Naturalized person” and inserting in their stead the following definition:—

“‘year’ means a period of twelve months commencing on the first day of January.”.

2. Regulation 6 of the Naval College Regulations is repealed and the following regulations are inserted in its stead:—

Ways of entry.

“6. A person may enter the College—

(a) by way of junior entry; or

(b) by way of senior entry.”.

 

* Notified in the Commonwealth Gazette on 20 May, 1965.

† Statutory Rules 1931, No. 146, as amended by Statutory Rules 1932, No. 44; 1934, Nos.18, 94 and 159; 1935, No. 36; 1936, Nos. 78 and 131; 1938, No. 21; 1940, No. 195; 1942, No. 25; 1944, No. 182; 1947, Nos. 33, 121 and 135; 1948, No. 116; 1949, No. 69; 1950, Nos. 23 and 86; 1951, Nos. 36 and 52; 1952, No. 25; 1956, No. 86; 1961, Nos. 31, 110 and 146; and 1963, Nos. 46 and 95.

9116/60.—Price 9d.         9/5.3.1965.

Junior entry.

“6a. A person is eligible for entry to the College in a year, by way of junior entry, if—

(a) he is a person of the male sex who is—

(i) an Australian citizen;

(ii) a British subject, other than an Australian citizen, ordinarily resident in Australia; or

(iii) if the Naval Board approves, in special circumstances, of the application of this sub-paragraph in relation to him—a British subject, other than an Australian citizen, not ordinarily resident in Australia;

(b) he satisfies the physical requirements laid down in sub-regulation (1.) of regulation 12 of these Regulations for a candidate;

(c) he has passed the examination held under regulation 8 of these Regulations for entry to the College in that year;

(d) he will not, on the first day of January in that year, be younger than fifteen years or older than seventeen years; and

(e) he is selected by a selection committee appointed under regulation 14a of these Regulations.

Senior entry.

“6b.—(1.) A person is eligible for entry to the College in a year, by way of senior entry, if—

(a) he satisfies the requirements laid down in paragraphs (a) and (b) of the last preceding regulation;

(b) he is qualified by examination for matriculation at a university in Australia, being an examination in which he passed in such subjects as the Naval Board approves with respect to that examination;

(c) he will not, on the first day of January in that year, be older than nineteen years; and

(d) he is selected by a selection committee appointed under regulation 14a of these Regulations.

“(2.) Where a person sits for an examination for matriculation at a university in Australia but fails to matriculate, the Naval Board may, having regard to the results obtained by the person in the examination, approve of the person’s being treated, for the purpose of these Regulations, as having satisfied the condition laid down in paragraph (b) of the last preceding sub-regulation.”.

Special cadetship.

3. Regulation 7 of the Naval College Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “candidates”, the words “,being candidates eligible for entry to the College in accordance with regulation 6a or 6b of these Regulations,”; and

(b) by omitting sub-regulation (2).

Examination for junior entry.

4. Regulation 8 of the Naval College Regulations is amended by omitting sub-regulation (2.).

Repeal of regulations 10 and 11.

5. Regulations 10 and 11 of the Naval College Regulations are repealed.

6. Regulation 14 of the Naval College Regulations is repealed and the following regulations are inserted in its stead:—

Interviewing committee.

“14.—(1.) An interviewing committee shall be appointed by the Naval Board and shall sit at such places as the Naval Board directs.

“(2.) A candidate who satisfies the conditions hid down in regulation 6a or 6b of these Regulations, other than the condition relating to selection by a selection committee, shall be required to present himself for an interview with an interviewing committee.

“(3.) For the purposes of the last preceding sub-regulation, a candidate who intends sitting for an examination the passing of which will enable him to satisfy the condition laid down in paragraph (b) of sub-regulation (1.) of regulation 6b of these Regulations shall be deemed to have satisfied that condition.

“(4.) An interviewing committee shall make a report on each candidate that it interviews to a selection committee appointed under the next succeeding regulation.

Selection committee.

“14a.—(1.) A selection committee shall be appointed by the Naval Board and shall sit at such places as the Naval Board directs.

“(2.) A selection committee shall interview such of the candidates on whom reports have been made under the last preceding regulation as it considers should be interviewed, having regard to those reports, for the purpose of selecting those candidates whom it considers suitable for service as officers of the Naval Forces.

Candidate unable to present himself before committee.

“14b. Where a candidate is prevented, because of illness or some other cause that the Naval Board considers sufficient, from presenting himself before an interviewing committee or a selection committee—

(a) the question of his suitability for service as an officer of the Naval Forces may be determined in any manner directed by the Naval Board; and

(b) the candidate shall, if considered to be suitable for such service, be deemed, for the purposes of these Regulations, to have been selected by a selection committee appointed under the last preceding regulation.”.

Provisional interview.

7. Regulation 15 of the Naval College Regulations is amended by omitting the words “the Interviewing Committee” (wherever occurring) and inserting in their stead the words “an interviewing committee”.

8. Regulation 17 of the Naval College Regulations is repealed and the following regulation inserted in its stead:—

Nominations for entry.

“ 17. Subject to regulation 7 of these Regulations, nominations for entry to the College in a year shall be made by the Minister, upon the recommendation of the Naval Board, from persons who are eligible for entry to the College in that year.”.

9. Regulation 19 of the Naval College Regulations is repealed and the following regulation inserted in its stead:—

Undertaking by guardian.

“19. A person shall not be permitted to enter the College unless his guardian has given an undertaking that, if—

(a) the appointment of the person as a Cadet Midshipman is terminated because of his refusal to complete, or of the refusal of his guardian to permit him to complete, his course of training as a Cadet Midshipman; or

(b) the person resigns from the Naval Forces before he has completed his course of training as a Cadet Midshipman,

the guardian will pay to the Commonwealth an amount of One hundred pounds for each year, or part of a year, of training undergone by the person as a Cadet Midshipman.”.

10. Regulations 20, 21, 22, 23, 24 and 25 of the Naval College Regulations are repealed and the following regulation is inserted in their stead:—

Period of training.

“20. The period of training for a Cadet Midshipman shall be as determined by the Naval Board but shall be not less than—

(a) in the case of a Cadet Midshipman (Junior Entry)—three years; or

(b) in the case of a Cadet Midshipman (Senior Entry)—one year.”.

Retiring ages.

11. Regulation 38 of the Naval College Regulations is amended by inserting in sub-regulation (2.), after the words “Director of Studies”, the words “,a Master-in-Charge”.

12. Regulation 57 of the Naval College Regulations is repealed and the following regulation inserted in its stead:—

Chief cadet Captains and Divisional Cadet Midshipmen.

“57. The Captain may, from time to time as he considers necessary, appoint Cadet Midshipmen who, in his opinion, are able to assist the officers in maintaining the discipline and good order of the College to be Chief Cadet Captains and Divisional Cadet Midshipmen.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Regulations under the Naval Defence Act 1910-1964, made in 1965, were enacted to refine the procedures for entry and training at the Naval College. The problem or gap this legislation sought to address was the need for updated and clearer regulations to accommodate changes in the eligibility criteria, entry methods, and training requirements for prospective naval officers. This legislative instrument was introduced by the Parliament of Australia, reflecting a policy objective to maintain and enhance the effectiveness of the Royal Australian Navy by ensuring that only suitably qualified and vetted individuals are admitted and trained at the Naval College. The regulations cover various aspects such as the definitions of cadet categories, eligibility criteria, the establishment of selection and interviewing committees, and the duration of training periods.

Scope and Application

The Naval Defence Act 1910-1964 serves as the primary legislative framework for the regulation of the Royal Australian Navy, with these regulations outlining the specific processes and criteria for entry into the Australian Naval College. These regulations apply to individuals seeking entry into the Australian Naval College as Cadet Midshipmen, whether by junior or senior entry, and are applicable nationally as they pertain to Commonwealth institutions. The eligibility criteria for junior entry include being a male Australian citizen or a British subject ordinarily resident in Australia, with certain exceptions allowed by the Naval Board. Senior entry candidates must additionally meet the requirements for university matriculation. The regulations define key terms such as "Cadet Midshipman (Junior Entry)" and "Cadet Midshipman (Senior Entry)" and establish the procedures for interviews, selection, and the obligations of guardians, including a financial undertaking in case of early termination of training. The regulations also set out the minimum duration of training and roles within the college structure, including the appointment of Chief Cadet Captains and Divisional Cadet Midshipmen. These provisions are subject to further detail and specific application through subordinate instruments as necessary.

Key Provisions

The main operative sections of the regulations (Regulations 4, 6, 6a, 6b, 7, 8, 14, 14a, 14b, 17, 19, 20, 57) pertain to the entry and training of Cadet Midshipmen at the Naval College. These sections outline the criteria for junior and senior entry, the examination process, the selection committee process, the period of training, and the appointment of Cadet Midshipmen as Chief Cadet Captains and Divisional Cadet Midshipmen. The regulations provide that a person may enter the College by way of junior entry if they are a male Australian citizen or British subject, satisfy physical requirements, pass the examination for entry, and are selected by a selection committee. They may enter by way of senior entry if they satisfy the requirements for junior entry, are qualified by examination for matriculation at a university in Australia, and are selected by a selection committee. The period of training for a Cadet Midshipman shall be not less than three years for a Cadet Midshipman (Junior Entry) or one year for a Cadet Midshipman (Senior Entry). The Act imposes several obligations on the parties and entities it governs. Firstly, it requires the Naval Board to appoint interviewing and selection committees to interview and select candidates for entry into the College. Secondly, it requires candidates to satisfy the physical requirements and pass the examination for entry. Thirdly, it requires the Minister to make nominations for entry to the College upon the recommendation of the Naval Board. Fourthly, it requires the guardian of a Cadet Midshipman to give an undertaking that they will pay to the Commonwealth a specified amount if the Cadet Midshipman’s appointment is terminated or they resign before completing their course of training. Fifthly, it requires the Captain to appoint Cadet Midshipmen as Chief Cadet Captains and Divisional Cadet Midshipmen as necessary. The regulations do not specify any offences, penalties, or civil/criminal consequences for breach. However, the undertaking given by the guardian of a Cadet Midshipman may have legal consequences if the Cadet Midshipman’s appointment is terminated or they resign before completing their course of training. The guardian may be required to pay the specified amount to the Commonwealth. Additionally, failure to satisfy the physical requirements or pass the examination for entry may result in the candidate not being selected for entry into the College.

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