STATUTORY RULES.
1915. No. 160.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Universal Training Regulations.—Part III.—Senior Cadets.
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 1903-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this eighth day of September, 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 III.—Senior Cadets.
Amendment.
Regulation 35a.—After Regulation 35, insert the following new Regulation:—
“35a. Officers of Senior Cadets holding the rank of 2nd Lieutenant shall not be promoted to the rank of Lieutenant until they shall have had three years’ commissioned service, and Officers of Senior Cadets holding the rank of Lieutenant shall not be promoted to the rank of Captain until they shall have served for two years in the rank of Lieutenant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.12685.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1915, enacted in 1915, address the need to establish specific service duration requirements for rank promotions within the Senior Cadets of the Australian Defence Force. These regulations were introduced by The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure a structured and disciplined approach to military promotions. The underlying policy objective was to maintain a level of experience and competency among officers by mandating a minimum service period before advancing to higher ranks. This legislative instrument aims to provide immediate operational guidelines in response to the urgency of the situation, reflecting the strategic importance of properly trained leadership within the armed forces during the early years of the Commonwealth.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1915, particularly Regulation 35a, apply specifically to officers within the Senior Cadets who hold the rank of 2nd Lieutenant and Lieutenant. These regulations establish a mandatory period of service before such officers can be promoted, ensuring that officers holding the rank of 2nd Lieutenant must have three years of commissioned service before being promoted to Lieutenant, and officers holding the rank of Lieutenant must serve for two years in that rank before being eligible for promotion to Captain. This regulation extends across the Commonwealth of Australia, as it is an instrument of the Federal government and is applicable nationwide. While the regulation itself does not specify any exclusions or exemptions, it is likely that certain exceptional circumstances might be considered under the overarching Defence Act 1903-1915. The application of these regulations may also be extended or modified through subordinate instruments or further legislative amendments as deemed necessary by the relevant authorities.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1915 introduce specific provisions regarding the promotion of officers within the Senior Cadets, as outlined in Regulation 35a (1). This regulation mandates that officers holding the rank of 2nd Lieutenant cannot be promoted to Lieutenant unless they have completed three years of commissioned service. Similarly, it stipulates that officers holding the rank of Lieutenant cannot be promoted to Captain until they have served two years in the rank of Lieutenant. These provisions are intended to ensure a structured and merit-based progression within the ranks, reflecting a period of demonstrated competency and experience.
Entities and individuals governed by these regulations, particularly within the Senior Cadets, must adhere to the stipulated service durations before qualifying for promotion. This requirement places an obligation on both the officers themselves to accumulate the necessary years of service and on the oversight bodies to monitor and verify these service periods. The regulation ensures that promotions are not only based on rank but also on a foundation of sustained and substantial service, fostering a culture of experience and responsibility within the ranks.
Failure to comply with these regulations can result in various consequences. Although the specific penalties are not outlined in the text, it can be inferred that non-compliance with the stipulated service durations for promotion may lead to disciplinary actions or other administrative consequences. Such breaches could potentially affect the officer's career progression and standing within the Cadets. The absence of explicit penalties in the text suggests that further legislative instruments or internal policies might detail the repercussions of such non-compliance.
Additionally, while the text does not provide explicit details on civil or criminal penalties, it is reasonable to assume that significant breaches could attract legal scrutiny. In the broader context of military or cadet regulations, non-compliance with promotion criteria can often lead to formal reprimands, demotions, or other disciplinary measures. The overarching goal of these regulations is to maintain a disciplined and structured hierarchy within the Senior Cadets, ensuring that promotions are merited and based on both rank and service duration.