Naval Forces Regulations (Amendment)

Overview

The Statutory Rules 1938 No. 20, made under the Naval Defence Act 1910-1934, address the need for updated regulations concerning the composition and leave entitlements of the Auxiliary Services within the Permanent Naval Forces. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations were published in the Commonwealth Gazette on 16 February 1938. The primary objective of these regulations is to clearly define the structure of the Auxiliary Services and to establish a framework for granting additional leave to naval personnel, particularly those in remote or harsh environments, thereby ensuring the effective management and welfare of the naval forces.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934 govern the composition of the Auxiliary Services of the Permanent Naval Forces, which includes members of the Royal Australian Naval Reserve Staff, Naval Dockyard Police, personnel appointed for special duty on shore, and designated Boatmen. These regulations apply to individuals within the specified categories who are involved in various capacities within the Naval Defence sector. The provisions cover the rank and seniority of officers and petty officers transitioning from Seagoing Lists to the Auxiliary Services, ensuring continuity in their service status. The scope of these regulations extends to the establishment of a structured hierarchy for discipline within the Auxiliary Forces, as outlined in the detailed Table within the legislation. Additionally, the regulations provide for the approval and conditions of extra leave for members of the Sea-going Forces and the Auxiliary Services, reflecting the operational needs and welfare of personnel stationed in remote or climatically challenging locations. The regulations have a national jurisdictional reach as they are issued under the authority of the Commonwealth of Australia, applying across all states and territories.

Key Provisions

The primary sections of these regulations pertain to the composition of the Auxiliary Services of the Permanent Naval Forces (Regulation 84) and the granting of extra leave (Regulation 144). Regulation 84 specifies that the Auxiliary Services will consist of members of the Royal Australian Naval Reserve Staff, members of the Naval Dockyard Police, members appointed for special duty on shore, and employees designated as 'Boatmen'. It further details the rank and seniority that these personnel will retain upon transfer to the Auxiliary Services, with certain exceptions (Regulation 84(1)-(4)). Regulation 144 allows for the approval of extra leave for members of the Sea-going Forces and Auxiliary Services under certain conditions, such as travel time or particularly arduous service conditions (Regulation 144(1)-(2)). These regulations impose certain obligations on the parties governed by them. The Naval Board, which is presumably a governing body within the naval forces, is tasked with the approval of extra leave as stipulated in Regulation 144. This includes determining the period of leave and the conditions under which it can be granted. The composition and structure of the Auxiliary Services, as outlined in Regulation 84, also place obligations on the personnel involved, particularly regarding the maintenance of their rank and seniority upon transfer. The regulations do not explicitly detail offences, penalties, or consequences for breaches. However, given the context of military regulations, it can be inferred that failure to adhere to the specified requirements for rank, seniority, and leave approval could lead to disciplinary action or other consequences as determined by the Naval Board or other relevant authorities within the naval forces. The exact nature and severity of these consequences would be governed by the broader military law and regulations.