Naval Forces Regulations (Amendment)

Legislation au C1934L00054 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 54.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 19101918.

I, THE GOVERNORGENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Naval Defence Act 19101918 to come into operation forthwith, unless otherwise specified herein.

Dated this ninth day of May, 1934.

ISAAC A. ISAACS

GovernorGeneral.

By His Excellency’s Command,

G. F. PEARCE

Minister of State for Defence.

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Amendment of Naval Forces Regulations.

(Statutory Rules 1926, No. 196, as amended to this date.)

(Twelfth amendment.)

1. Regulation 47 is amended—

(a) by omitting subregulation (1) and inserting in its stead the following subregulations:—

“47. (1) On passing out of the Naval College, a Cadet Midshipman shall serve for eight months, dating from the 1st January next following, in a Seagoing Ship.

(2) On completion of that period, a Cadet Midshipman shall, if recommended by his Commanding Officer, be rated Midshipman, his seniority in that rank being antedated by four months.

(3). Midshipmen shall be allotted by the Naval Board according to the requirements of the Service, to the Executive or Engineer Branch, due consideration being given to the wishes of each officer as to which branch he desires to join: provided that, in the event of the number of Cadet Midshipmen available exceeding the estimated requirements of other branches mentioned, the Naval Board may allot any Cadet Midshipmen in excess of such requirements to the Accountant Branch: provided also that, in special cases, any officer may on the recommendation of the Naval Board be transferred from one branch to another at any time before he attains the rank of Lieutenant.”

(b) by renumbering subregulations (2), (2a), (3) and (4) to read (4), (5), (6) and (7) respectively.

1409.—Price 3d.


2. Regulations 57, 58, 59 and 60 are cancelled, as from 1st April, 1934, and the following new regulations are inserted in their stead:—

“57. (1) Subject to the conditions prescribed in subregulation (2) of this regulation a Medical Practitioner will be eligible for appointment as Surgeon Lieutenant in the Permanent Naval Forces, either—

(a) For service until attaining the prescribed retiring age appropriate to his rank, or

(b) For short service of not less than three or more than four; years.

(2) The conditions governing the eligibility of a Medical Practitioner for appointment under this regulation are

(a) that he is not under 21 years of age;

(b) that he satisfies the Naval Board that he is of pure European descent and the son of naturalborn or naturalized British subjects, provided that the Minister may reject the application of any candidate who is the son of a naturalized British subject;

(c) that he labours under no mental or constitutional disease or weakness, or any other imperfection or disability which may interfere with the most efficient discharge of the duties of a Medical Officer in any climate;

(d) that he is ready to engage for general service at home or abroad as required;

(e) that he is a duly registered practitioner under the States’ Medical Acts, or that he holds qualifications which entitle him to become a legally registered medical practitioner under the States’ Medical Acts.

58. The Naval Board may direct applicants for appointment as Surgeon Lieutenant of after passing the physical test to present themselves for a competitive examination held by an Examining Board appointed by the Naval Board, from nominations by the Universities of Sydney, Melbourne and Adelaide.  No candidate shall be permitted to sit more than twice for this examination.

59. (1) A successful candidate for appointment under regulation 57, subregulation (1), paragraph (a), shall be appointed on probation for one year from date of commencing Naval duty.  If recommended, appointment will be confirmed on the termination of the probationary service; seniority in rank will date from the date of probationary appointment.

(2) Such a candidate who at the time of entry into the Medical Branch of the Service holds, or is about to hold, an appointment as Medical or Surgical Officer at a recognized civil hospital, may be granted leave without pay to serve in such civil appointment provided the period of service in that appointment does not exceed one year  after the date of entry into the Royal Australian Navy. The time so served will count towards seniority and for purposes of increments in active and deferred pay, if approved by the Naval Board.


60. (1) A successful candidate for appointment under regulation 57, subregulation (1), paragraph (b), shall be appointed for a period of three years, provided that on completion of such period his appointment may, upon the recommendation of the Naval Board, be extended for a period of twelve months.

(2) Upon the recommendation of the Naval Board a Surgeon Lieutenant appointed for short service under regulation 57, subregulation (1), paragraph (b), may, at any time after the expiration of six months from date of entry, be reappointed for service until attaining the prescribed retiring age appropriate to his rank, in which case time served in his short service appointment shall, for purposes of seniority in rank, promotion, increments of pay and furlough, be deemed to have been service in an appointment under regulation 57, subregulation (1), paragraph (a).”

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

Overview

The Naval Defence Act 1910-1918, enacted by the Australian Parliament, was designed to establish and maintain a naval force to defend the Commonwealth of Australia. The Act provides the legislative foundation for the Royal Australian Navy, including the governance and operational frameworks necessary for its function. The 1934 Regulations under the Naval Defence Act aim to refine and update the administrative and operational procedures within the Navy, ensuring they are aligned with the evolving needs of the service and the broader defence strategy of the Commonwealth. The policy objective of these regulations is to maintain an efficient and capable naval force by updating the rules governing the recruitment, training, and service of personnel, including cadet midshipmen and medical practitioners, to meet the dynamic requirements of naval operations.

Scope and Application

The Naval Defence Act 1910-1918 and its subsequent regulations govern the operational and administrative aspects of the Royal Australian Navy, including the recruitment, training, and career progression of personnel within the Naval Forces. These regulations, particularly the twelfth amendment, focus on the terms and conditions for the advancement of Cadet Midshipmen to Midshipmen and the eligibility criteria for Medical Practitioners to be appointed as Surgeon Lieutenants. The amendment outlines the mandatory seagoing service period for Cadet Midshipmen before their rating as Midshipmen, along with their subsequent allotment to different branches based on service requirements and personal preferences. Furthermore, the regulations set out the eligibility criteria for Medical Practitioners to be appointed as Surgeon Lieutenants, including age, descent, health, and professional qualifications. The regulations also provide for the conditions of appointment, including probation periods and the possibility of extending short-term appointments. These regulations apply to all personnel within the Naval Forces, and their implementation is overseen by the Naval Board, with subordinate instruments potentially extending or restricting their application as necessary.

Key Provisions

The main operative sections of these Regulations under the Naval Defence Act 1910-1918 introduce key changes to the service conditions for Cadet Midshipmen and the appointment of Surgeon Lieutenants. Regulation 47, amended as per the twelfth amendment, specifies that a Cadet Midshipman must serve for eight months in a Seagoing Ship following their graduation from the Naval College (47(1)). Upon completion of this service, if recommended by their Commanding Officer, the Cadet Midshipman will be rated as a Midshipman, with their seniority in that rank backdated by four months (47(2)). The Naval Board is responsible for assigning Midshipmen to the Executive or Engineer Branch, considering their preferences, with potential allocation to the Accountant Branch if there is an excess of Cadet Midshipmen (47(3)). Additionally, officers may be transferred between branches under special circumstances, provided they have not yet attained the rank of Lieutenant. The Regulations impose several obligations and requirements on the parties involved. Cadet Midshipmen are mandated to complete eight months of service in a Seagoing Ship post-graduation (47(1)). Their Commanding Officers must recommend them for the rank of Midshipman upon completion of this service (47(2)). The Naval Board must consider the preferences of Midshipmen when assigning them to specific branches, while also managing the allocation of surplus Cadet Midshipmen to the Accountant Branch if necessary (47(3)). Furthermore, Medical Practitioners seeking to be appointed as Surgeon Lieutenants must meet specific eligibility criteria, including age, lineage, health, and professional qualifications, and may be required to undergo a competitive examination (57(2), 58). They must also commit to either long-term service or a defined short-term contract and may be appointed on probation with potential confirmation following a probationary period (59). Breaches of these Regulations may result in various civil and criminal consequences. For instance, failure to adhere to the specified service conditions for Cadet Midshipmen or Surgeon Lieutenants may lead to disciplinary actions, including dismissal from service. Non-compliance with the eligibility criteria for Surgeon Lieutenants, such as not meeting the age or health requirements, may result in rejection of the application. Additionally, any actions that contravene the terms of appointment, such as failing to complete the required service period or not adhering to the conditions of a probationary appointment, may lead to further disciplinary measures, including termination of service and potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.