Universal Training Regulations (Amendment) (Provisional)

Legislation au C1915L00256 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1915. No. 256.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1914.

Regulations for Universal Training, Part V., Citizen Forces.—Amendment—Regulations 122, 131, 132, 133, and 139.

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 Defence Act 1903-1914 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-second day of December, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

Regulations for Universal Training, Part V., Citizen Forces.

Amendments.

After Regulation 122 add new Regulation 122a:—

“122a. Every person liable to training under Part XII. of the Act, who, having been committed by a Court to the custody of any prescribed authority, and having been detained in any prescribed institution or place

(a) Refuses or fails to comply with the Regulations or orders governing that institution or place; or

(b) Refuses to perform any drill, training, or other duty required of him; or

(c) Disobeys or neglects to obey the orders of any officer or soldier placed in authority over him;

shall be guilty of an offence, and shall, on conviction by a Court of Summary Jurisdiction, be liable to suffer one of the following penalties, namely:—

(a) Detention, that is to say, confinement in military detention rooms for a period not exceeding twenty days;

(b) Confinement in the custody of the prescribed authority for a further period not exceeding twenty days.”

Regulation 131—

Regulation 131 is cancelled and the following substituted therefor:—

“131. Sufficient Lieutenants may be appointed annually to maintain the total number of officers required by the authorized War Establishment of each unit.”

C.12333.—Price 3d.


Regulation 132—

Paragraph (1) is cancelled and the following substituted therefor:—

“(1) Promotion to the rank of Lieutenant will be made from the most successful candidates at the competitive examinations for promotion. Sergeants, Lance-Sergeants, and all Non-commissioned Officers above that rank, and Warrant Officers and Officers of Senior Cadets who are eligible under Defence Act, section 62 (7), shall be eligible to compete for promotion to rank of Lieutenant.”

Paragraph (7) is cancelled and the following substituted therefor:—

“(7) Examination for the rank of Lieutenant and Captain shall be practical and, as far as possible, oral. The only written work to be demanded of candidates shall be such as they have to carry out in the duties of the rank for which they are being tested.”

Paragraph (11) is cancelled.

Regulation 133—

Regulation 133 is cancelled and the following substituted therefor:—

“133. In each of the following units, that is to say:—

A Regiment of Light Horse,

The Field Artillery in a Military District,

The Garrison Artillery of a Fortress or Defended Port,

Each branch of the Engineers in any Military District,

A Battalion of Infantry,

The Army Service Corps in any Military District,

The Army Medical Corps in any Military District,

Each Departmental Corps in any Military District,

there shall be kept a seniority list of all the officers of the unit, and vacancies for promotion will be filled by those within the unit, if qualified; but in the case of Squadrons, Companies, or other similar parts of a unit, which are detached at some distance from the rest of their Regiment or Corps, promotion to the rank of Lieutenant, Captain, and Major will be limited to vacancies in the Squadron, Company, or other similar part of a unit.”

Regulation 139—

Paragraph (1) is cancelled and the following substituted therefor:—

“(l) The maximum terms during which officers will be permitted to serve in units of the Citizen Forces shall be as follows:—

In the rank of Lieutenant...........................

8 years

Up to the rank of Captain...........................

12 years

Up to the rank of Major............................

15 years

Up to the rank of Lieutenant-Colonel...................

20 years

Provided that, on the recommendation of a District Commandant an officer may at any time be transferred to the Unattached List or to the Reserve of Officers, if considered necessary in the interests of the service.”

The following new paragraph is added:—

“(5) The period during which any officer on the active list of the Citizen Forces has held the rank of Second Lieutenant will be counted as service as Lieutenant for the purposes of this Regulation.”

 

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 1915 No. 256, Provisional Regulations Under the Defence Act 1903-1914, was enacted in 1915 to address the urgent need for amendments to the regulations governing universal training within the Citizen Forces. This legislative instrument was introduced by the Governor-General in Council, reflecting the pressing requirements of the time as a response to the exigencies of the First World War. The overarching policy objective of these regulations is to ensure the effective organisation and discipline of the Citizen Forces by establishing clear guidelines for the appointment of officers, the conduct of personnel, and the terms of service. This legislation aimed to enhance the efficiency and readiness of the Citizen Forces by providing a structured approach to officer appointments and service durations, as well as addressing the disciplinary measures applicable to personnel under military custody.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1914, as detailed in Statutory Rules 1915 No. 256, specifically address the Universal Training of Citizen Forces within the Commonwealth of Australia. These regulations apply to all persons liable to training under Part XII of the Defence Act, particularly those who have been committed to the custody of any prescribed authority and are detained in prescribed institutions or places. The regulations delineate the conduct expected from these individuals, including compliance with institutional regulations, participation in drills, training, and duties, and obedience to orders from officers and soldiers. Failure to comply with these regulations constitutes an offence, subject to penalties such as detention or confinement as outlined in the regulations. The regulations also establish criteria for the appointment and promotion of officers within the Citizen Forces, including competitive examinations and seniority lists. Additionally, the regulations set maximum service terms for officers in various ranks, with provisions for transfers based on the recommendation of a District Commandant. The application of these regulations is broad, encompassing the entire Commonwealth, and they are enforced through the Courts of Summary Jurisdiction.

Key Provisions

The operative sections of these Provisional Regulations under the Defence Act 1903-1914 primarily focus on amendments to Regulations 122, 131, 132, 133, and 139, concerning the Citizen Forces. Regulation 122a (new) specifies that any person liable for training who refuses to comply with regulations or orders while detained in a prescribed institution or place will be guilty of an offence, punishable by a court of summary jurisdiction with up to forty days of detention. Regulation 131 replaces the old regulation to allow for the annual appointment of sufficient lieutenants to meet the authorized War Establishment of each unit. Regulation 132 updates the eligibility criteria and examination process for promotion to the rank of lieutenant, making it competitive and practical-based. Regulation 133 revises the seniority list maintenance and promotion process for various units, ensuring that promotions to lieutenant, captain, and major are filled within the unit if qualified. Regulation 139 modifies the maximum service terms for officers in the Citizen Forces, setting specific time limits for each rank and including a provision to transfer officers to the Unattached List or Reserve of Officers based on service necessity. These regulations impose specific obligations and requirements on the Citizen Forces, including adherence to the new penalty provisions for non-compliance while detained (Regulation 122a), ensuring sufficient lieutenants are appointed annually to meet War Establishment needs (Regulation 131), and adhering to the updated promotion criteria and examination methods for lieutenants (Regulation 132). Additionally, units must maintain a seniority list of officers and prioritize internal promotions for lieutenant, captain, and major ranks (Regulation 133). Lastly, officers must be aware of the maximum service terms for each rank and the conditions under which they may be transferred to the Unattached List or Reserve of Officers (Regulation 139). Violations of these regulations result in specific civil and criminal consequences. Under Regulation 122a, any person who refuses or fails to comply with regulations or orders while detained will face penalties such as confinement in military detention rooms or custody of the prescribed authority for up to forty days. These penalties are enforced through conviction by a court of summary jurisdiction. The other amended regulations (131, 132, 133, and 139) do not explicitly state penalties for non-compliance but imply that failure to adhere to these provisions may lead to administrative actions or service-related consequences, such as transfers to the Unattached List or Reserve of Officers.

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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.