STATUTORY RULES.
1915. No. 27.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1914.
Universal Training Regulation (Provisional)—Part V.—Citizen Forces—Regulations 132, 146, 147—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 Regulation 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 fourth day of March, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part V.—Citizen Forces.
Amendments.
Regulation 132—
After paragraph (12) insert—
“Provided that the conditions of appointment and promotion prescribed by this regulation shall not at any time apply to officers of the Army Medical Corps or of the Army Veterinary Corps.”
Regulation 146—
Regulation 146 is cancelled and the following substituted therefor:—
“In time of war, and in accordance with the second proviso of Section 11a of the Act, when it is found impracticable to carry out the system of promotion by competitive examination, officers may, on the recommendation of the Military Board, be
C.2646.—
appointed to first commissions and be promoted to higher ranks subject to passing a qualifying examination only, as under—
(a) For first appointment, the conditions of Commonwealth Military Regulation 60 and Universal Training Regulation 132 (1) will be observed as far as possible, but persons who are not now serving or who have not served in the Defence Force may also be recommended for appointment.
(b) The syllabus of examination and instructions to Boards of Examination will be as approved by the Military Board and authorized in Military Orders.
(c) No person, except as prescribed, shall be appointed an officer of the Citizen Forces until he has passed the prescribed examination, but persons who have not passed the examination for any particular rank may be appointed provisionally as officers of that rank.”
Regulation 147—
Regulation 147 is cancelled and the following substituted therefor:—
“Commonwealth Military Regulations 2 and 3a will continue to apply to promotions above Captain in time of war.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Universal Training Regulation (Provisional) Regulations 1915 were introduced as an urgent response to the exigencies of the First World War. Enacted under the Defence Act 1903-1914 by the Governor-General in Council, these regulations aimed to address the immediate needs of the Citizen Forces during wartime by allowing for the relaxation of strict promotion and appointment criteria. The overarching policy objective was to ensure that the military could swiftly and effectively respond to the demands of the conflict by enabling the appointment and promotion of officers based on their qualifications and the necessity of the situation, rather than strictly adhering to peacetime regulations. These provisional regulations permitted the appointment of officers to first commissions and higher ranks through a qualifying examination, rather than the usual competitive examination process, thereby facilitating a more agile and responsive military structure.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1914, specifically addressing Part V—Citizen Forces, apply to the appointment and promotion of officers within the Citizen Forces, particularly in times of war. These regulations outline exceptions for officers of the Army Medical Corps and the Army Veterinary Corps, exempting them from certain conditions of appointment and promotion. Furthermore, they provide for the appointment and promotion of officers through a qualifying examination when competitive examinations are deemed impracticable. These provisions apply to both serving and non-serving members who may be recommended for officer positions, subject to passing the requisite examination. The regulations extend to the whole Commonwealth, applying uniformly across all states and territories, as they are enacted under the authority of the Defence Act. These regulations are in force provisionally and come into immediate operation, ensuring that the necessary personnel can be appointed and promoted without delay in wartime scenarios.
Key Provisions
The Universal Training Regulation (Provisional) contains several significant amendments to the existing Defence Act 1903-1914. Firstly, Regulation 132 has been amended to clarify that the conditions of appointment and promotion do not apply to officers of the Army Medical Corps or the Army Veterinary Corps (Reg. 132). Secondly, Regulation 146 has been replaced entirely, outlining the new process for appointing and promoting officers during times of war. Under this new regulation, officers may be appointed or promoted based on the recommendation of the Military Board, subject to passing a qualifying examination (Reg. 146). This regulation allows for individuals who have not previously served in the Defence Force to be considered for appointment, and it specifies that the syllabus for the examination and instructions for the Boards of Examination will be approved by the Military Board and authorized in Military Orders. Additionally, individuals who have not passed the examination for a specific rank may still be appointed provisionally as officers of that rank (Reg. 146(b) and (c)).
The amended regulations impose several obligations on parties involved in the appointment and promotion of officers within the Citizen Forces. Firstly, the Military Board must recommend candidates for appointment or promotion, ensuring they meet the criteria specified in the regulations. This includes the requirement to pass a qualifying examination, with exceptions for certain individuals and ranks as stipulated in Regulation 146. Furthermore, the Military Board is responsible for approving the syllabus for the examination and issuing instructions to the Boards of Examination (Reg. 146(b)). Additionally, the regulations mandate that no person shall be appointed an officer of the Citizen Forces unless they have passed the prescribed examination, with certain exceptions for provisional appointments as outlined in Regulation 146(c).
Failure to comply with the provisions of the amended regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the legislation, it is reasonable to infer that breaches of the regulations could lead to disciplinary action against individuals who do not adhere to the specified processes for appointment and promotion. The regulations ensure that appointments and promotions are conducted in a fair and structured manner, and any deviation from these requirements could potentially result in legal ramifications for those involved.