Royal Military College Regulations 1951 (Amendment)

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STATUTORY RULES.

1960. No. 13.

REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.

Dated this 22nd day of January, 1959.

W. J. Slim

Governor-General.

By His Excellency’s Command,

J. O. CRAMER

Minister of State for the Army.

Amendments of the Royal Military College Regulations.†

Documents to be furnished by Commonwealth candidates.

1. Regulation 7 of the Royal Military College Regulations is amended by omitting from paragraph (a) of sub-regulation (3.) the words “Part XII. of the Act” and inserting in their stead the words “the National Service Act 1951-1957”.

Selection of Commonwealth candidates.

2. Regulation 8 of the Royal Military College Regulations is amended—

(a) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—

“(5.) For the purposes of this regulation, there shall be a Selection Board which shall consist of a chairman and not less than two other officers.

“(5a.) The chairman and the members shall be appointed by the Military Board.

“(5b.) Where more than two members in addition to the chairman are appointed to the Selection Board, the powers and functions conferred on the Selection Board by this regulation may be exercised by the chairman and any two of the other members of the Selection Board.

“(5c.) Commonwealth candidates who—

(a) in the case of candidates for normal entry, have been found medically fit in accordance with such standards as are approved by the Military Board and either have the educational qualifications specified in the Second Schedule to these Regulations or were candidates at, or are candidates at, one of the examinations specified in that Schedule held or to be held immediately preceding the next date of entry to the College; or

* Notified in the Commonwealth Gazette on 4th February, 1960.

† Statutory Rules 1951, No. 40, as amended by Statutory Rules 1955, No. 76; 1957, No. 42, and 1958, No. 84.

6950/59.—Price 3d. 10/17 11.1959

(b) in the case of candidates for service entry, have qualified at, were candidates at, or are candidates at, the examination specified in the Third Schedule to these Regulations,

shall be interviewed by the Selection Board.”;

(b) by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—

“(9.) The Selection Board shall present to the Chief of the General Staff, for submission to the Minister, the names of candidates for normal entry whom the Selection Board recommends for admission as students arranged in the order in which the Selection Board considers that they should be selected for admission to the College.”;

(d) by omitting sub-regulation (12.) and inserting in its stead the following sub-regulation:—

“(12.) The Selection Board shall present to the Chief of the General Staff the names of candidates for service entry whom the Selection Board recommends for admission as students arranged in the order in which the Selection Board considers that they should be selected for admission to the College.”;

(e) by omitting from sub-regulation (13.) the words “of merit”;

(f) by omitting from sub-regulation (15.) the words “of merit”; and

(g) by omitting from sub-regulation (16.) the words “order of merit” and inserting in their stead the words “the order in which he thinks they should be admitted to the College”.

Notification in Gazette.

3. Regulation 9 of the Royal Military College Regulations is amended by omitting the words “order of merit” and inserting in their stead the words “the order in which they will be admitted to the College”.

Classes.

4. Regulation 19 of the Royal Military College Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) A cadet shall, on admission to the College, be allotted—

(a) in the case of normal entry—to the Fourth Class;

(b) in the case of service entry—to the Third Class; or

“(3.) Subject to the next succeeding sub-regulation, the advancement of cadets from one class to another shall take place at the commencement of the first Term of each year.

“(4.) Where a cadet admitted by way of normal entry possesses special qualification, the Commandant may approve his advancement from the Fourth Class to the Third Class during the first year’s course of instruction.”.

Seniority of cadets.

5. Regulation 20 of the Royal Military College Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1.) the words “order of merit” and inserting in their stead the words “order of admission to the College”;

(b) by inserting in paragraph (c) of sub-regulation (1.), after the words “lower class, and,” the words “subject to the next succeeding paragraph,”;

“(ca) Cadets admitted by way of service entry to the Third Class and cadets advanced to that class under sub-regulation (4.) of regulation 19 of these Regulations, not being warrant officers or non-commissioned officers, shall have seniority as the junior members of that class and in relation to one another shall have seniority as determined by the Commandant, and when, advanced to a higher class than the Third Class, shall have seniority in relation to other cadets in that higher class according to the aggregate of marks gained in the Third Class and higher classes, the higher aggregate giving seniority over the lower;”;

(d) by omitting from paragraph (d) of sub-regulation (1.) the words “special entry” and inserting in their stead the words “service entry or special entry or cadets advanced to the Third Class under sub-regulation (4.) of regulation 19 of these Regulations”;

(e) by omitting from paragraph (f) of sub-regulation (1.) the words “order of merit” and inserting in their stead the words “order of admission to the College”; and

(f) by omitting from paragraph (g) of sub-regulation (1.) the words “special entry” and inserting in their stead the words “service entry or special entry or cadets advanced to the Third Class under sub-regulation (4.) of regulation 19 of these Regulations”.

6. Regulation 34 of the Royal Military College Regulations is repealed and the following regulation inserted in its stead:—

Resignation.

“34. A Commonwealth cadet may be permitted to resign if he satisfies the Minister that circumstances exist which justify acceptance of his resignation and upon payment of an amount ascertained by reference to his period of service as a cadet and the date of his admission to the College.

Period of Service.	Date of admission—
Period of Service.	Before 1st January, 1960.	On or after 1st January, 1960.
Less than one year..............	Fifty pounds..................	One hundred pounds
More than one year but less than two years	Seventy-five pounds.............	Two hundred pounds
More than two years but less than three years	One hundred pounds............	Three hundred pounds
More than three years but less than four years	One hundred and twenty-five pounds	Four hundred pounds
More than four years............	One hundred and fifty pounds	Five hundred pounds

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1960, No. 13, made under the Defence Act 1903-1956, was introduced to amend the Royal Military College Regulations, specifically to align them with the National Service Act 1951-1957. The regulations were enacted by the Governor-General in accordance with the advice of the Federal Executive Council, and the amendments were intended to address gaps in the selection process for Commonwealth candidates entering the Royal Military College. The primary objective of these amendments was to establish a more structured and systematic approach to candidate selection by forming a Selection Board responsible for interviewing candidates and presenting their recommendations to the Chief of the General Staff for ministerial approval. This reform aimed to ensure that the selection process was fair and transparent, reflecting the educational and medical standards required for admission to the College.

Scope and Application

The Statutory Rules of 1960, No. 13, made under the Defence Act 1903-1956, pertains specifically to amendments of the Royal Military College Regulations. This legislation applies to Commonwealth candidates seeking admission to the Royal Military College (RMC) and includes provisions for the establishment of a Selection Board to oversee the selection process for these candidates. The Act establishes criteria for the medical fitness and educational qualifications of candidates for normal entry, as well as specific examinations for candidates for service entry. The Selection Board, appointed by the Military Board, is tasked with interviewing eligible candidates and recommending them for admission to the College in an order deemed appropriate by the Board. The Act also outlines the classes to which cadets are initially assigned upon admission, the conditions under which cadets may be advanced between classes, and the process for cadets to resign from the College, including financial penalties based on their period of service. The regulations are applicable across the Commonwealth of Australia, with no specific exclusions or exemptions outlined in the text, and extend to the administration and governance of the Royal Military College within the Defence framework.

Key Provisions

The key provisions of these Regulations under the Defence Act 1903-1956 primarily focus on amendments to the Royal Military College Regulations, particularly concerning the selection process and entry requirements for Commonwealth candidates. Regulation 7 is amended to require candidates to furnish documents as per the National Service Act 1951-1957 instead of Part XII of the Act. Regulation 8 is significantly altered, establishing a Selection Board to interview candidates for normal entry and service entry, composed of a chairman and at least two other officers appointed by the Military Board. The Board’s role is to recommend candidates for admission to the College, who must meet specific medical and educational criteria. These candidates are then listed in order of the Board’s recommendation, rather than in order of merit. The Regulations impose several obligations on parties involved in the selection process. The Selection Board must conduct interviews for candidates who meet the specified criteria, and the Board's recommendations must be submitted to the Chief of the General Staff for onward submission to the Minister. The Board’s decisions must be communicated to the candidates through the Gazette, providing transparency in the selection process. Additionally, the Regulations outline the class allotment for cadets upon admission and detail the conditions under which cadets may be advanced from one class to another, including special qualifications and marks obtained. Failure to comply with these Regulations could result in legal consequences. Although specific penalties are not detailed within the Regulations themselves, breaches of Defence Act provisions can lead to civil or criminal penalties. Under the Defence Act, unauthorised acts or omissions can result in fines and imprisonment. For instance, under section 132, a person found guilty of certain offences can be subject to imprisonment for up to two years or a fine, or both. These provisions underscore the importance of adhering to the stipulated processes and requirements within the Defence Act and its subsidiary regulations.

Area of Law: Defence Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

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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.

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