EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 120
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE ROYAL MILITARY COLLEGE REGULATIONS (REPEAL)
The Royal Military College Regulations, made under the Defence Act 1903, provide for the establishment and administration of the Royal Military College, including provisions prescribing certain offences that may be committed by cadets at the College and punishments that may be imposed for those offences.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline, including discipline of cadets; fuller details are provided below. As a result of this legislation consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Sections 54, 55 and 88 of the Defence Act 1903 apply the Army Act (1881) (UK) and the Rules of Procedure made under the Army Act to the Australian Army and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure.
(iii) Officer Cadets
In conjunction with the bringing into force of the Defence Force Discipline Act 1982 and in anticipation of the opening of the Australian Defence Force Academy in January 1986, it is desired that cadets in the Army be accorded officer status (as is now the case in the Navy and the Air Force), and the rank title of “officer cadet” will be introduced. The ranks of officers in the Army have, until now, been treated as being established by the custom of the Service.
In according cadets officer status, it is necessary that there continue to be provision to terminate the appointment of an officer cadet (eg, where the cadet is not making satisfactory progress or is unlikely to become an efficient officer) equivalent to the power currently available by reason of the fact that cadets are soldiers.
Repeal of the Royal Military College Regulations
Apart from making provision for the discipline of cadets at the Royal Military College, the Royal Military College Regulations made provision for the entry of cadets to the College. With the change in status of cadets from soldiers to officers, the Royal Military College Regulations are now redundant.
This Statutory Rule repeals the Royal Military College Regulations.
Commencement
The repeal has effect from 3 July 1985.
Overview
The Royal Military College Regulations Repeal Instrument 1985 (C2004L06051) was issued under the authority of the Minister for Defence to address the outdated regulations governing the Royal Military College that were based on the Defence Act 1903. This legislative instrument repeals the Royal Military College Regulations to align with the new Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which were enacted to modernise the discipline framework for the Australian Defence Force. These changes also reflect the shift in the status of cadets from soldiers to officer cadets, necessitating the repeal of the existing regulations that were no longer applicable. The objective of the instrument is to ensure the legal framework governing the Royal Military College is consistent with contemporary disciplinary laws and the new status of cadets within the Australian Defence Force. The repeal came into effect on 3 July 1985, aligning with the implementation of the new disciplinary legislation.
Scope and Application
The Royal Military College Regulations Repeal, issued under the authority of the Minister for Defence, serves to repeal the Royal Military College Regulations, which were previously made under the Defence Act 1903. These regulations, which provided for the establishment and administration of the Royal Military College, including disciplinary measures and punishments for offences committed by cadets, are no longer applicable following the implementation of new Defence legislation. This repeal is necessitated by changes in the status of cadets from soldiers to officers, as well as the introduction of the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which brought about a consolidation of disciplinary law for the Defence Force and the discontinuance of the application of the Army Act (1881) (UK). The repeal took effect on 3 July 1985, aligning with the commencement of the new Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982.
Key Provisions
The Royal Military College Regulations Repeal Statutory Rule, 1985 (SR 1985 No. 120) outlines the repeal of the Royal Military College Regulations made under the Defence Act 1903, which governed the establishment and administration of the Royal Military College. These regulations prescribed offences and punishments for cadets and also addressed the entry of cadets into the College (section 1). The repeal is necessary due to changes in the status of cadets, who are now to be accorded officer status, a change that aligns with the practices in the Navy and Air Force. With the introduction of the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which will bring new disciplinary laws and repeal the application of the Army Act (1881) (UK) and the Rules of Procedure, the existing regulations are no longer applicable (sections 2(i)-(iii)).
Under this Statutory Rule, the Royal Military College Regulations are to be repealed from 3 July 1985, the same date the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982 come into force. The repeal signifies a transition in the governance of cadets, who will now hold officer cadet status. This change is accompanied by the introduction of the Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force and will govern the conduct of officer cadets, replacing the previous disciplinary provisions under the Army Act (1881) (UK) and the Rules of Procedure. The new legislative framework also facilitates the opening of the Australian Defence Force Academy in January 1986, further integrating the training and discipline of cadets within the broader Defence Force.
The repeal of the Royal Military College Regulations imposes certain obligations on the Defence Force and the Royal Military College. It mandates that the Defence Force adhere to the new disciplinary laws set forth in the Defence Force Discipline Act 1982. Officer cadets, now with a formal status, must comply with the provisions of this Act, which includes adherence to a new code of conduct and disciplinary measures. The Royal Military College is required to align its practices and administrative procedures with the new legislative framework, ensuring that the training and education of officer cadets are conducted in accordance with the updated regulations. This includes providing the necessary training and support to cadets to help them transition into their new roles as officer cadets.
Failure to comply with the new disciplinary laws and regulations can result in various consequences, including both civil and criminal penalties. Under the Defence Force Discipline Act 1982, officer cadets found in breach of the new disciplinary code may face administrative penalties, such as fines or detention, as well as more severe disciplinary actions. Additionally, any actions that contravene the provisions of the repealed Royal Military College Regulations may be subject to the provisions of the Defence Force Discipline Act 1982, which could lead to court-martial proceedings in more serious cases. The exact penalties depend on the nature and severity of the offence, with the potential for both financial penalties and imprisonment in cases of serious misconduct.