STATUTORY RULES.
1920. No. 101.
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 dates specified.
Dated this fifteenth day of June, 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.)
Regulation 36 is amended as follows:—
(a) by omitting the words ‛8 years’ as from 1st July, 1919, and inserting in their stead the words ‘six years’; and
(b) by adding at and of first sub-regulation as from 4th August, 1914, the following words:—
“Provided that during a time of war and for twelve months thereafter a Surgeon Lieutenant shall not be required to pass the professional examination referred to in (b) above, in order to qualify for promotion.”
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, introduced under the Naval Defence Act 1910-1918, were enacted by the Governor-General in Council to amend the existing regulations governing the service of officers within the Royal Australian Navy. These regulations were issued in the form of statutory rules to address specific operational requirements during and after periods of conflict, particularly the First World War. The principal change outlined in these regulations involves the reduction of the mandatory service period for certain ranks and the exemption from certain professional examinations during wartime and for a year following the cessation of hostilities. The policy objective behind these amendments is to ensure the efficient and flexible management of naval personnel during times of war, balancing the need for experienced officers with the logistical challenges posed by wartime conditions.
Scope and Application
The Naval Forces Regulations, made under the Naval Defence Act 1910-1918, apply to members of the naval forces of Australia, including officers, warrant officers, and sailors. These regulations govern various aspects of the service, including conditions of employment, discipline, and promotion. The regulations have a national reach, applying across the Commonwealth of Australia. They provide for the amendment of certain provisions, such as reducing the age limit for certain appointments from eight years to six years, effective from 1 July 1919. Furthermore, they include a proviso that during times of war and for twelve months thereafter, Surgeon Lieutenants are exempt from passing a professional examination to qualify for promotion. The Act may also be extended or restricted through subordinate instruments, ensuring that the regulations remain relevant and responsive to the changing needs of the naval forces.
Key Provisions
The Regulations under the Naval Defence Act 1910-1918, specifically Regulation 36, have been amended to reflect changes in the qualifications and requirements for the rank of Surgeon Lieutenant within the naval forces. Regulation 36(a) modifies the age requirement for promotion, reducing the minimum period of service from eight years to six years, effective from 1 July 1919. Additionally, Regulation 36(b) introduces an exception to the professional examination requirement during times of war and for twelve months following the cessation of hostilities. According to this provision, a Surgeon Lieutenant will not be required to pass the professional examination in order to qualify for promotion during these periods.
The obligations imposed by these regulations on parties or entities within the naval forces include adherence to the revised service period for promotion to the rank of Surgeon Lieutenant, now set at six years. Furthermore, during and immediately after wartime, Surgeon Lieutenants are exempt from the requirement to pass the professional examination for promotion purposes, provided they meet the six-year service criterion. These obligations are aimed at ensuring that the naval forces maintain a skilled and adequately trained medical personnel pool, especially during critical periods such as wartime.
The legislation does not explicitly state any specific offences, penalties, or consequences for non-compliance with these provisions. However, non-compliance with service requirements and regulations within the naval forces generally can lead to disciplinary actions under the Defence Force Discipline Act 1982, which includes potential penalties such as fines, imprisonment, or dismissal from service. The exact penalties would depend on the nature and severity of the breach, as determined by the relevant military authorities.