STATUTORY RULES.
1919. No. 266.
REGULATION UNDER THE DEFENCE-ACT 1903-1918.
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 Defence Act 1903-1918, to come into operation forthwith.
Dated this twenty-fourth day of November, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Amendment of Regulations for the Royal Military College of Australia.
Regulation 8 of regulations for the Royal Military College of Australia, 1916, is repealed, and the following regulation made in lieu thereof:—
8(i) Vacancies at the College for Commonwealth cadets under 19 years of age will be allotted to the States of the Commonwealth on the basis of population, and the candidates from each State will compete among themselves. The number of vacancies will be published in the Commonwealth Gazette. Candidates will only be eligible for vacancies allotted to the State in which their parents or guardians have their permanent residence, or, if the parents or guardians are not residents of the Commonwealth, the State in which the candidate has resided for one year immediately preceding the Entrance examination. Provided that in the event of the number of qualified candidates from any State being less than the number of vacancies allotted to such State, such vacancies will be offered to candidates at large, in their order of merit, who have qualified at the same examination. The order of merit will be determined by adding together the whole of the marks obtained by each candidate in the examination.
(ii) Provided that when in any year the total number of vacancies for Commonwealth cadets under 19 years of age does not enable an allotment to be made to the States on the basis of population, the vacancies allotted will be available for competition by candidates irrespective of State of residence.
(iii) Provided also that notwithstanding anything in this regulation one-fifth of the vacancies allotted annually for candidates under 19 years of age will normally be set apart irrespective of the State of residence for the sons of persons who have been abroad on active service in the Royal Australian Navy, the Australian Imperial Force, or the Naval and Military Expeditionary Force, with the condition that no such candidate will be admitted who receives less than half marks in the aggregate of the subjects of the examination. Should less than one-fifth of the candidates qualify under this provision the vacancies remaining will be offered to other candidates who have qualified at the same examination in order of merit. The order of merit will be determined by adding together the whole of the marks obtained by each candidate in the examination.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1919, No. 266, are a set of regulations made under the Defence Act 1903-1918 by the Governor-General in Council, and they concern the amendment of the regulations for the Royal Military College of Australia. This regulation was introduced to address the distribution of vacancies at the College for Commonwealth cadets under 19 years of age, ensuring a fair and merit-based selection process. The objective of these regulations is to allot vacancies to the States based on population while allowing candidates to compete among themselves, and to provide special consideration for the sons of service personnel who have been abroad on active service. These regulations came into operation immediately upon their enactment.
The enacting body behind these regulations is the Governor-General in Council, acting on the advice of the Federal Executive Council. The policy objective of the regulation is to establish a transparent and equitable process for the allocation of vacancies at the Royal Military College of Australia, taking into account the population of each state and the special consideration for the sons of service personnel. The regulation ensures that candidates are selected based on merit, with a focus on fairness and inclusivity in the admission process for the College.
Scope and Application
The statutory rules, issued under the Defence Act 1903-1918, specifically amend the regulations concerning vacancies at the Royal Military College of Australia for Commonwealth cadets under 19 years of age. These regulations apply to candidates from the States of the Commonwealth, with vacancies allotted based on population, while candidates must meet eligibility criteria such as residing in the state or having parents or guardians residing there for at least a year. In cases where the number of qualified candidates from a state is less than the allocated vacancies, these are offered to candidates at large in order of merit. However, when the total number of vacancies does not allow for an allotment based on population, all candidates who qualified at the same examination can compete irrespective of their state of residence. Additionally, a provision reserves one-fifth of the annual vacancies for the sons of persons who have served in the Royal Australian Navy, the Australian Imperial Force, or the Naval and Military Expeditionary Force, contingent upon meeting specific examination score criteria. Any unfilled vacancies under this provision are then offered to other qualified candidates in order of merit. The regulations are applicable across the Commonwealth and come into operation immediately upon issuance.
Key Provisions
The main operative sections of this statutory rule, Regulation 8 under the Defence Act 1903-1918, primarily concern the allocation of vacancies at the Royal Military College of Australia (RMCA) for Commonwealth cadets under the age of 19. Regulation 8(i) stipulates that these vacancies are to be distributed among the States based on population, with candidates from each State competing for these positions. Regulation 8(ii) states that if the total number of vacancies does not permit an allotment based on population, the vacancies will be open to all candidates regardless of their State of residence. Regulation 8(iii) adds that a portion of the vacancies, specifically one-fifth, is set aside for the sons of individuals who have served in the Royal Australian Navy, Australian Imperial Force, or Naval and Military Expeditionary Force, provided these candidates achieve at least half marks in their entrance examination.
The obligations imposed by these regulations include ensuring that eligible candidates from each State compete fairly for the allocated vacancies based on their marks in the entrance examination. The regulation mandates that the number of vacancies and the allotment basis must be published in the Commonwealth Gazette. It also requires that candidates be qualified based on their residency or their parents' or guardians' permanent residence in the Commonwealth, or if neither applies, by their residency for one year prior to the examination. Furthermore, the regulation requires that the sons of service personnel be given preference, provided they meet the minimum marks requirement.
Breaches of these regulations may lead to civil or administrative consequences. While the statutory rule does not explicitly mention penalties, failure to comply with the prescribed procedures for candidate selection and allocation of vacancies could result in legal challenges or administrative review. The regulation's intent is to ensure a transparent and merit-based selection process, and any deviation from this could potentially be contested in a court or tribunal. The precise legal consequences would depend on the specific nature of the breach and the applicable laws governing administrative actions and judicial review.