STATUTORY RULES.
1914. No. 40.
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PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-12.
Regulations and Instructions for Universal Training—Royal Australian Naval Reserve (O.).
Amendments.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naval Defence Act 1910-12 should come into operation on and from 1st July, 1913, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this eighth day of May, One thousand nine hundred and fourteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
REGULATIONS AND INSTRUCTIONS FOR UNIVERSAL TRAINING.
Royal Australian Naval Reserve (o.).
Amendments.
Add new Regulation 20—The general tenure of appointments at any place shall be for a period of not less than three nor more than five years, except at Thursday Island, Cairns, and Townsville, where the period shall be two years.
Add new Regulation 21—Any member of the A. and I. Staff below the rank of Warrant Officer guilty of any act, conduct, neglect, or disorder to the prejudice of good order and Naval discipline may be punished by a fine, which may be inflicted by District Naval Officers to the extent of £5, and by Sub-District Naval Officers of the rank of Lieutenant to the extent of £2.
The ordinary punishments authorized by the King’s Regulations may also be inflicted so far as they can be made applicable to the peculiar nature of employment on the A. and I. Staff, but offences which, in the opinion of the District Naval Officer, require a greater punishment than a fine, are to be reported to the Naval Board, with a view to the offender being dismissed with or without disgrace (under Article 758 King’s Regulations), or discharged “services no longer required,” or tried by Court Martial, and, pending the decision of the Naval Board, all such offenders are to be suspended from duty.
Regulation 28—After “South Australia” add “and ports where only Naval Training is carried out, viz.—Thursday Island, Portland, and Port Fairy.”
Add at end of paragraph:—“At Thursday Island all trainees, and at Portland and Port Fairy all trainees within a radius of 5 miles, are to be enrolled for Naval Training.”
Regulation 167—After “compulsory” add “except as laid down in Article 167a.”
Add new clause—The names of any absentees from Continuous Training are to be forwarded to the Director with full particulars and reasons for non-attendance, and, should any opportunity arise, they may be permitted to attend the training at another port.
In the event of such permission being granted, they may be paid travelling expenses to and from the training ship, but shall not be granted any drill pay, except in those cases where their failure to attend was due to causes over which they had no control.
Add new Regulation 167a—Armourer and Sick Berth ratings for the first two years, and Writer ratings for the first year, of their training are to be attached to the Head-Quarter’s Staff for instruction, and are not to go afloat in the Training Ships. So far as possible, they should perform their Continuous Training at the same time as the other trainees.
Add new Regulation 171—All trainees before being allowed to attend bathing parades are to pass a swimming test, and when such parade is held at least one Kisbe life-buoy and life-line for every thirty persons attending is to be provided.
Regulation 197—After “(Date),” in eighth line, add “and the duplicate record book is to be sent to the Commanding Officer of the ship or establishment or regiment for which the person has been recruited.”
Regulation 244—After “clause 1A” add “clause a.” Add following new clauses:—It is not intended that, under ordinary circumstances, a trainee should be proceeded against for absence without leave on only one or two occasions; but in those cases in which a wilful defiance of the Act is shown, immediate action is to be taken. So far as possible the reasons for the absence should be inquired into before instituting proceedings, and, generally, trainees should be warned that any future case of absence will involve their appearance before the Court.
In these cases the information should be drawn, stating that “A.B., being a person liable to training under the Defence Act 1903-12, did, on the day of 191 , without lawful excuse, fail to attend a compulsory drill.”
The general principle regarding a “lawful excuse” is that proper representation should be made to the Commanding Officer, and leave of absence obtained.
Regulation 245—Cancel whole regulation, and substitute the following:—“Proceedings under section 135, clause 1, of the Defence Act are to be commenced as early as possible after 1st July in each year, the worst cases being dealt with first.”
In these cases the offence should be stated in the following form:—That “A.B., being a person who, under the provisions of Part XII. of the Defence Act 1903-12, was under an obligation to render personal service for the purposes of training, did, during the year ending 30th June, 191 , fail to render the personal service required by the said Part of the said Act contrary to the said Act.”
Regulation 246—After “242” add “244.”
Regulation 247—Add new clause “All prosecutions are to be conducted by an officer of the A. and I. Staff. Reserve Officers are not to be detailed for this duty.”
Regulation 250—After “failure to” insert “attend a Statutory parade, or”.
Add following new clauses:—In the case of adults, the Court is to be asked to impose a penalty of not less than £2, and any such fine may be recovered from a man's pay under section 107 of the Defence Act.
In the case of Cadets, the Court is to be asked to specify an alternative of not less than seven days' continuous custody in default of payment of fine, as, if the Court does not, when imposing a pecuniary penalty, specify an alternative in lieu of payment, the matter cannot afterwards be re-opened, and the defendant would not be legally liable to be committed.
When a period of detention has been specified in lieu of payment of fine, a Cadet is to be allowed two months in which to pay. Should he fail to pay within that period, the Magistrate is to be asked to issue a warrant for his arrest for detention in pursuance of the original order.
Add new Regulation 250a—When any trainee has been committed to the custody of a prescribed authority, and has been released under the provisions of section 135, clause 6, of the Defence Act, and has failed to return to such custody, application is to be made for a warrant for his arrest, in order that he may be kept in continuous custody, and may be further dealt with under section 135, clause 7, of the Defence Act.
Add new Regulation 252—All fines imposed under the provisions of the Defence Act belong to the Commonwealth. They will be collected by the Clerk of Court, who should transfer them to the Departmental Receiver of Public Moneys for payment into Defence Revenue.
District Naval Officers are responsible that fines imposed in any prosecutions of Naval trainees in their Districts are duly transferred accordingly.
Add new Regulation 253—As regards physical fitness for training, section 138 of the Defence Act recognizes only the opinion of a prescribed medical authority, and, in cases where the opinion of that officer is at variance with that of a private practitioner, the Magistrate has power to decide only in accordance with the former.
Regulation 267, Clause 2—After “Board” add “or duty in connexion with Courts of Inquiry or Boards of Examination (see Article 268).”
Regulation 268—Add at end “Except when attending Continuous Training; Reserve Officers should not, as a rule, be detailed for Courts of Inquiry, or Boards of Examination, or Boards of Survey. Should this, however, be unavoidable, they may be granted extra pay as laid down in Article 267, clause 2, on the approval of the Naval Board. When attending Continuous Training work of this nature forms part of their ordinary duties, and no extra pay is to be granted.”
Add new Regulation 274—An allowance of 4s. shall be paid to any Reserve man below the rating of Leading Seaman, who is qualified in Camp cookery, for each day he is actually so employed in camps of Continuous Training (including Cadet Camps), provided that he performs his duty to the satisfaction of the Officer in command of such camps.
Regulation 323—After “sword” insert “(not to be provided for Midshipmen or Engineer Midshipmen).”
After “Boots” insert “1 pair leggings.”
After “1 Mess waistcoat” insert “1 white mess waistcoat” and delete “1 pair trousers.”
Add new Regulation 400a—When any member of the Reserve ceases Naval Training he shall be called upon to account for all articles of uniform standing to his credit in the Clothing Issue Book. Should he be entitled under Article 198 to retain his uniform, the District or Sub-District Naval Officer shall certify accordingly under his name in the Clothing Issue Book. Should he not be so entitled, any articles fit for re-issue after disinfection are to be returned into store, the details being noted in the Clothing Abstract Book, which shall form the necessary voucher for their posting on the receipt side of the store ledger.
If the condition of any articles returned should warrant it, the garments are to be surveyed by a Board, consisting of three members, of which the Storekeeper shall be one (in Sub-Districts where three members are not readily obtainable, two shall constitute the Board), and, if recommended by the Board of Survey to be immediately destroyed, they are to be disposed of accordingly.
The decision of the Board is to be recorded in the Clothing Issue Book under the name of the person returning the clothing, and articles condemned and destroyed need not be taken on charge in the Store Ledger, this certificate being sufficient record of the transaction.
Reports of Survey are then to be submitted for covering approval to the Director, who is to forward quarterly a list of articles thus disposed of to the Naval Secretary for Board approval.
Should the unserviceable condition of any articles not be attributable to fair wear and tear, steps are to be taken to recover their unexpired value from the individual concerned, as laid down in Article 341.
Regulation 410—Add after “43” “44. Return of defaulting trainees.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.