Naval Forces (Women's Services) Regulations (Amendment)

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Statutory Rules

1976 No. 38

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1975.

Dated this thirtieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Naval Forces (Women’s Services) Regulations†

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

Delegations.

2. After regulation 3 of the Naval Forces (Women’s Services) Regulations the following regulation is inserted:—

“ 3a. (1) The Chief of Naval Staff may, by instrument in writing signed by him, delegate to an officer who holds a rank in the Australian Navy not below the rank of Chief Officer any of his powers or functions under these Regulations, other than this power of delegation.

“ (2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Chief of Naval Staff.”.

Amendments of the Naval Forces (Women’s Services) Regulations.

3. The Naval Forces (Women’s Services) Regulations are amended as set out in the following table:—

Provision	Amendment
Sub-regulation 1 (2) ..........	Omit.
Regulation 2 ...............	Repeal.

* Notified in the Australian Government Gazette on 3 February 1976.

† Statutory Rules 1943, No. 67, as amended by Statutory Rules 1943, No. 201; 1944, Nos. 101 and 155; 1959, No. 103; 1961, No. 34; 1964, No. 138; 1967, No. 105; 1968, No. 72; 1970, No. 63; 1971, No. 157; 1972, No.67; and 1973, No. 271.

Provision	Amendment
Regulation 3 .............	Omit the definition of “ Medical Director-General ”.
	Omit from the definition of “ member ” the words “ under these Regulations ”.
	Omit the definition of “ rating ”, substitute the following definition:— “ ‘ servicewoman ’ means an enlisted member;”.
	Omit from the definition of “ Women’s Service ” the words “ of these Regulations ”.
Sub-regulation 4 (3) ........	Omit “ Naval Forces ”, substitute “ Navy ”.
Regulation 5 .............	Omit all words after the word “ Service ” (last occurring).
Regulation 9 .............	Repeal.
Regulation 9a .............	Omit “ The ”, substitute “ For the purposes of section 17 of the Act, the ”.
	Omit “ fifty-five ”, substitute “ 55 ”.
Regulation 10 ............	Repeal.
Regulation 11 ............	Repeal.
Regulation 12 ............	Omit “ female officers and ratings appointed to, or enlisted in ”, Substitute “ officers appointed to, and service women enlisted in ”.
	Omit all words after the word “ Service ” (last occurring).
Regulation 14 ............	Omit from paragraph (a) “ seventeen ”, substitute “ 17 ”.
	Omit “ forty ” (wherever occurring), substitute “ 40 ”.
	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
	Omit “ fifty ”, substitute “ 50 ”.
	Omit “ it ”, substitute “ he ”.
Sub-regulation 15 (1) .......	Omit “ sub-section (11 of section 25 of the Naval Defence Act 1910-1966 ”, substitute “ sub-section 25 (1) of the Act ”.
	Omit “ four or six ”, substitute “ 4 or 6 ”.
Sub-regulation 15 (2) .......	Omit “ sub-section (2) of section 25 of the Naval Defence Act 1910-1966 ”, substitute “ sub-section 25 (2) of the Act ”.
	Omit “ one, two, three, four, five or six ”, substitute “ 1, 2, 3, 4, 5 or 6 ”.
Regulation 16 ............	Omit “ Naval Forces ”, substitute “ Navy ”.
Regulation 17 ............	Omit “ ratings of women ”, substitute “ ranks of servicewomen ”.
	Omit “ rating ”, substitute “ rank ”.
	Omit from the heading of the first column of the table “ Rating ”, substitute “ Rank ”.
	Omit “ ratings of men ” (wherever occurring), substitute “ ranks of sailors ”.
	Omit “ Naval Forces ”, substitute “ Navy ”.
Regulation 18 ............	Repeal.
Sub-regulation 19 (1) .......	After “ officer ” insert “ of the Women’s Royal Australian Naval Service ”.
	Omit “ Naval Board ”, substitute “ Chief of Naval Staff ”.
	Omit “ grade ”, substitute “ rank ”.
Sub-regulation 19 (2) .......	Omit “ Naval Board may advance any servicewoman ”, substitute “ Chief of Naval Staff may promote any servicewoman enlisted in the Women’s Royal Australian Naval Service ”.
	Omit “ rating ” (wherever occurring), substitute “ rank ”.
	Omit “ advancement ” (wherever occurring), substitute “ promotion ”.
Sub-regulation 20 (1) .......	Omit all words before “ Services ”, substitute “ The Chief of Naval Staff, the Chief of Naval Personnel, the Director-General of Navy Manpower and the Director-General of Navy Personnel ”.
	After “ each ” insert “, in respect of a servicewoman enlisted in the Women’s Royal Australian Naval Service ”.
Sub-regulation 20 (3) .......	Omit “ rating ” (wherever occurring), substitute “ rank ”.
	Omit from paragraph (a) “ paragraph (a) or (e) of sub-regulation (1) of regulation 20aa ”, substitute “ paragraph 20aa (1) (a) or (e) ”.
	Omit from paragraph (b) “ paragraph (e) of sub-regulation (1) of regulation 20aa ”, substitute “ paragraph 20aa (1) (e) ”.
Sub-regulation 20aa (1) ......	Insert after “ servicewoman ” (first occurring), “ of the Women’s Royal Australian Naval Service ”.

Provision	Amendment
Sub-regulation 20aa (1)	Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”.
—continued	Omit “ those Forces ” (wherever occurring), substitute “ the Navy ”.
	Add at the end thereof the following paragraphs:—
	“ (g) that the servicewoman has not attained the age of 18 years and her parent or guardian has requested her discharge; and
	(h) that the servicewoman has been absent without leave for a period exceeding 3 months.”.
Sub-regulation 20a (1) .	Omit “ An officer of the Women’s Royal Australian Naval Service shall be retired from the Active List on attaining ”, substitute “ For the purposes of section 17 of the Act, the age for compulsory retirement of an officer of the Women’s Royal Australian Naval Service is ”.
Sub-regulation 20a (2) .	Omit, substitute the following sub-regulation:—
	“ (2) For the purposes of section 17 of the Act, the age for the compulsory retirement of a servicewoman enlisted in the Women’s Royal Australian Naval Service is 55 years.”.
Regulation 21 .......	Omit from paragraph (c) “ forty-five ”, substitute “ 45 ”.
Sub-regulation 21a (1) .	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (2) ”.
Regulation 21b ......	Omit from paragraph (b) “ Naval Board ”, substitute “ Chief of Naval Stall ”.
	Omit “ forty-five ” substitute “ 45 ”.
Sub-regulation 21c (1) .	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (2) ”.
	Omit from paragraph (a) “ paragraph (a) of the last preceding regulation ”, substitute “ paragraph 21b (a) ”.
	Omit from paragraph (a) “ Naval Forces ”, substitute “ Navy ”.
	Omit from paragraph (b) “ paragraph (b) of the last preceding regulation ”, substitute “ paragraph 21b (b) ” .
Sub-regulation 21c (2) .	Omit “ Naval Board ” (wherever occurring), substitute “ Chief of Naval Staff ”.
	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Regulation 21e ......	Omit from paragraph (b) “ forty-five ”, substitute “ 45 ”.
Regulation 21f ......	Omit “ five ”, substitute “ 5 ”.
Sub-regulation 21g (1) .	Omit “ rating ” (wherever occurring), substitute “ rank ”.
Sub-regulation 21g (2) .	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
	Omit “ rating ”, substitute “ rank ”.
	Omit from the heading of the first column of the table “ Rating ”, substitute “ Rank ”.
Sub-regulation 21h (1) .	Omit “ rating ”, substitute “ servicewoman ”.
	Omit “ forty-eight ”, substitute “ 48 ”.
Sub-regulation 21h (2) .	Omit “ sub-section (2) of section 25 ”, substitute “ sub-section 25 (2) ”.
	Omit “ two ”, substitute “ 2 ”.
Regulation 21j .......	Omit “ rating ” (first occurring), substitute “ servicewoman serving ”.
	Omit “ advancement ” (wherever occurring), substitute “ promotion ”.
	Omit “ rating ” (second and third occurring), substitute “ rank ”.
Regulation 21k ......	Omit “ fifty ”, substitute “ 50 ”.
Sub-regulation 21m (1) .	Omit “ Naval Board, a member of the Naval Board and the officer holding the office, or performing the duties of the office of Director-General of Manpower ”, substitute “ Chief of Naval Staff, the Chief of Naval Personnel and the Director-General of Navy Manpower ”.
	Omit “ rating ”, substitute “ servicewoman ”.
Sub-regulation 21m (2) .	Omit “ rating ”, substitute “ servicewoman ”.
Regulation 21n ......	Omit “ rating ”, substitute “ servicewoman ”.
	Omit paragraph (d), substitute the following paragraph:—
	“ (d) that she cannot be usefully employed in the Navy because of retrenchment in the Navy;”.
	Omit from paragraph (e) “ three ”, substitute “ 3 ”.
	Omit from paragraph (g) “ Naval Forces ”, substitute “ Navy ”.
Regulation 21p ......	Omit “ of these Regulations ”.

Overview

Statutory Rules 1976 No. 38, Regulations under the Naval Defence Act 1910-1975, was enacted to introduce modifications to the existing regulations governing the Women’s Services within the Australian Navy. These Regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, and came into effect on 9 February 1976. The purpose of these regulations is to streamline and update the governance framework for women serving in the Navy, including delegation of powers and adjustments to terminology and age-related provisions for servicewomen. This legislative instrument aims to ensure that the regulations are more reflective of the current structure and operational requirements of the Australian Navy.

Scope and Application

The Statutory Rules 1976 No. 38, made under the Naval Defence Act 1910-1975, pertain to the administration of the Australian Navy, specifically focusing on the Women's Services within the naval forces. These regulations apply to individuals serving in the Women's Royal Australian Naval Service, particularly officers and enlisted women, and are administered by the Chief of Naval Staff, who has the authority to delegate certain powers to officers of the rank of Chief Officer or above. The regulations encompass the conditions of service, including the age limits and grounds for discharge or retirement of servicewomen and officers within the Women's Royal Australian Naval Service. The scope of these regulations extends nationally, as they are made under the Commonwealth's authority, and they supersede and amend previous regulations regarding women's services in the naval forces, aligning terminology and references to match the updated legislative framework. These regulations came into operation on 9 February 1976, and their application is subject to the provisions outlined in the Naval Defence Act 1910-1975, with no explicit exclusions or exemptions noted within the text.

Key Provisions

The Regulations under the Naval Defence Act 1910-1975 provide significant amendments to the existing Naval Forces (Women's Services) Regulations (regulation 3). These amendments update the language and terminology to better reflect the current status and roles of women in the Australian Navy. For instance, the term "rating" is replaced with "servicewoman" and "Naval Forces" is replaced with "Navy" (regulation 3). Additionally, certain definitions and references to the Naval Board have been removed or replaced with references to the Chief of Naval Staff (regulations 3 and 14). The Regulations also introduce new provisions for the delegation of powers by the Chief of Naval Staff to senior officers (regulation 2). Under these Regulations, the Chief of Naval Staff holds significant authority over the administration and governance of the Women's Royal Australian Naval Service. This includes the power to delegate certain functions to other officers and the authority to make decisions regarding the enlistment, promotion, and discharge of servicewomen (regulation 2). The Chief of Naval Staff is also responsible for setting the compulsory retirement ages for officers and servicewomen within the Navy (sub-regulations 20a(1) and 20a(2)). Furthermore, the Regulations outline the criteria and procedures for the discharge of servicewomen, including circumstances such as age, parental requests, and absence without leave (sub-regulation 20aa(1)). Breach of these Regulations can lead to various consequences. For instance, failure to adhere to the compulsory retirement ages can result in continued service beyond the specified limits, which may have implications for pension entitlements and service benefits. Additionally, any unauthorised delegation of powers by the Chief of Naval Staff could lead to administrative errors or improper decisions affecting servicewomen. While the Regulations themselves do not explicitly state penalties for breaches, non-compliance could potentially lead to disciplinary actions or legal consequences under the broader Naval Defence Act 1910-1975. The Act provides for various offences and penalties, which could be applied depending on the nature and severity of the breach.

Area of Law: Military Law
Instrument: Regulation
Concepts: Commencement Provisions; Delegations; Repeal & Amendment

Interactions

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.

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