STATUTORY RULES
1920. No. 48.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1918, to come into operation on and from the 1st January, 1920.
Dated this twenty-fourth day of March, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. H. LAIRD SMITH,
for Minister of State for the Navy.
Naval Forces Regulations.
(Statutory Rules 1906, No. 20, as amended to present date.)
1. Regulation 70 is repealed and the following regulation is inserted in its stead:—
Leave of absence.
“70. Officers and Men regularly employed may be granted leave of absence for any periods not exceeding in the whole the number of days stated (which include public holidays) at such times as the Commanding Officer may deem convenient.
(a) In Sea-going Ships............... | 42 days per annum. |
(b) In Harbour Establishments.......... | 35 days per annum. |
(2) The above scale is to be adhered to whether Ships are employed on the Australian Station or elsewhere. Should a Ship be absent from the Australian Station for more than one year, special consideration will be given to the case.
(3) Subject to the requirements of the Service, Commanding Officers shall make such arrangements as will allow each Officer and Man under their command leave of absence annually according to the foregoing regulations, hut if it is found impracticable to grant such leave in any year or for other sufficient reason, Commanding Officers may permit the leave to be taken in the following year, in addition to the leave for such year, provided that in other cases leave not taken during the year it accrues shall lapse.
(4) Officers and Men lent from the Royal Navy may, if they so desire, defer portion of their leave each year and they shall be entitled to take this deferred leave as Foreign Service leave on their return to the United Kingdom on the conclusion of their service in the Commonwealth Naval forces. The Admiralty scale of Foreign Service leave has been adopted, and 15 days for each period of six months, or 2 days per month for shorter periods, will, therefore, be allowed to accumulate during service in the Royal Australian Navy. Any leave taken in Australia in excess of the balance of 12 days per annum, i.e., 42 days allowed, less 30 days approved to be accumulated, will be deducted from the accumulated leave on return to the Royal Navy.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Naval Forces Regulations 1920, enacted under the authority of the Naval Defence Act 1910-1918, were introduced to provide a structured framework for the leave entitlements of officers and men in the Australian Naval Forces. The regulations were made by the Governor-General in Council, with the intent of ensuring that personnel have a fair and consistent opportunity to take leave. This regulation aimed to address the need for clear guidelines on the leave entitlements for naval personnel, including those on sea-going ships and in harbour establishments, as well as for those seconded from the Royal Navy. The overarching policy objective was to maintain operational efficiency while allowing naval personnel to balance their professional duties with personal time off.
Scope and Application
The Naval Defence Act 1910-1918 and the Naval Forces Regulations under it apply to officers and men regularly employed in the Australian Naval Forces, including those on sea-going ships and in harbour establishments. The regulations govern the granting of leave of absence, setting specific limits and conditions for annual leave, and provide for the accumulation and carryover of leave for personnel who serve beyond one year away from the Australian Station. Personnel lent from the Royal Navy have additional provisions regarding the deferral and accumulation of leave, which can be taken as Foreign Service leave upon their return to the United Kingdom. These regulations are applicable nationwide, with special consideration for ships absent from the Australian Station for more than one year. The regulations are enforced by the Commanding Officers, subject to the requirements of the Service, and any untaken leave lapses if not taken within the specified period. The Act extends its application through the subordinate instrument of the Naval Forces Regulations, which includes detailed provisions for the administration of leave entitlements.
Key Provisions
The main operative sections of the Regulations under the Naval Defence Act 1910-1918 include Regulation 70, which details the leave of absence that officers and men can be granted. According to Regulation 70(1), officers and men in sea-going ships can be granted up to 42 days of leave per annum, while those in harbour establishments are allowed 35 days per annum. This leave includes public holidays. Regulation 70(2) stipulates that these leave allowances are to be adhered to regardless of whether the ship is stationed in Australia or elsewhere. If a ship is away from the Australian Station for more than a year, special consideration will be given. Regulation 70(3) requires Commanding Officers to arrange for leave to be taken annually, but if this is not possible, leave may be deferred to the following year, except where leave not taken in a given year will lapse. Regulation 70(4) further addresses the leave of officers and men lent from the Royal Navy, allowing them to defer part of their leave and accumulate it as Foreign Service leave, subject to the Admiralty scale.
The obligations imposed by these Regulations on the parties governed by them primarily involve the Commanding Officers. These officers must ensure that leave is granted in accordance with the stipulated allowances, and they must make arrangements to allow officers and men to take their leave annually. If it is impractical to grant leave in any year, the Commanding Officers may defer it to the following year, but leave not taken in a given year will lapse. The Regulations also place the responsibility on the Commanding Officers to manage the leave of officers and men from the Royal Navy, ensuring they can defer and accumulate leave as per the Admiralty scale.
Breaches of these Regulations could lead to various consequences. Although the text does not explicitly detail the penalties for non-compliance, it can be inferred that failure to adhere to the leave regulations could result in administrative actions or disciplinary measures within the naval service. The precise nature of these penalties would likely be determined by internal naval regulations and disciplinary codes, which could range from formal reprimands to more severe disciplinary actions, depending on the severity and frequency of the non-compliance. The maximum penalties, if applicable, would be dictated by the overarching military or naval disciplinary framework in place at the time.