ELIZABETH R
COMMONWEALTH OF AUSTRALIA
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her Other Realms and Territories, Head of the Commonwealth:
TO ALL to whom these Presents shall come,
GREETING:
KNOW YOU that it is Our will and pleasure that the Victoria Cross for Australia be the highest decoration for according recognition to persons who, in the presence of the enemy, perform acts of the most conspicuous gallantry, or daring or pre-eminent acts of valour or self-sacrifice or display extreme devotion to duty:
AND WE DO ordain that the award of the Victoria Cross shall be governed by the Regulations set out in the Schedule.
IN WITNESS whereof We have caused these Our Letters to be made Patent.
GIVEN under the Great Seal of Australia at Our Court at St James’s on 15 January 1991
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
SCHEDULE
VICTORIA CROSS REGULATIONS
Short title
1. These Regulations may be cited as the Victoria Cross Regulations.
Interpretation
2. In these Regulations —
“decoration” means —
(a) the Victoria Cross; or
(b) a bar to the Victoria Cross;
“Defence Force” has the same meaning as in the Defence Act 1903;
“Minister” means the Minister of State for Defence.
Conditions for award of the decoration
3. The decoration shall only be awarded for the most conspicuous gallantry, or a daring or pre-eminent act of valour or self-sacrifice or extreme devotion to duty in the presence of the enemy.
4. Each decoration may be awarded posthumously.
5. The persons to whom the decoration may be awarded are —
(a) members of the Defence Force; and
(b) other persons determined by the Minister for the purposes of this regulation.
6. Any subsequent award of the Victoria Cross to the same person shall be made in the form of a bar to the Cross.
Making of awards
7. Awards of the decoration shall be made, with the approval of the Sovereign, by Instrument signed by the Governor-General on the recommendation of the Minister.
Designations
8. (1) A person to whom the Victoria Cross has been awarded is entitled to have the letters “VC” placed after the person’s name on all occasions when the use of such letters is customary.
(2) Where a person has been awarded a bar to the Victoria Cross, the person is entitled to have placed after the letters prescribed by sub-regulation (1) the words “and Bar” or the words “and Bars”, as the case may be.
Design of the decoration
9. The design of the decoration shall be as prescribed.
Wearing of the decoration
10. The manner of wearing the decoration shall be as determined by the Governor- General.
Registrar of Awards
11. (1) There shall be a Registrar of Awards appointed by the Governor-General who shall maintain a Register of the names of persons to whom the decoration has been awarded.
(2) The Registrar shall keep such other records relating to the award of the decoration as the Governor-General directs.
Cancellation and reinstatement
12. (1) The Governor-General may cancel an award of the decoration and may reinstate an award so cancelled.
(2) Where an award of the decoration is cancelled, the name of the person to whom the award was made shall be erased from the Register and the person shall return the decoration to the Registrar.
(3) Where an award that has been cancelled pursuant to sub-regulation (1) is reinstated, the Registrar shall restore the entry or entries in the Register that had been erased.
Overview
The Victoria Cross Regulations, enacted in 1991, establish the framework for awarding the Victoria Cross for Australia, the highest military decoration in the Australian honours system. This Act was introduced to recognise acts of extreme bravery and valour in the face of the enemy, thereby providing an official means to honour such actions. Enacted by the Commonwealth Parliament, the primary objective of the legislation is to formalise the criteria, eligibility, and process for awarding the Victoria Cross to members of the Defence Force and other designated individuals. The Regulations govern the conditions for the award, the design, and the manner of wearing the decoration, as well as the role of the Registrar of Awards in maintaining records of recipients. The award process itself is subject to the approval of the Sovereign, highlighting the significance and prestige associated with this honour.
Scope and Application
The Victoria Cross Regulations, which are part of the prerogative instrument C2010Q00025, outline the governance of the Victoria Cross for Australia, the highest military decoration awarded for acts of conspicuous gallantry or pre-eminent valour in the presence of the enemy. The Act applies to members of the Defence Force and other persons determined by the Minister, and the award is made on the recommendation of the Minister and approved by the Sovereign. The regulations cover the conditions for the award, including the eligibility criteria, the manner in which the award can be made, and the entitlement to wear the decoration. Additionally, the Act stipulates the design of the decoration, the keeping of records by the Registrar of Awards, and the authority of the Governor-General to cancel or reinstate an award. The scope of the Act is national, governed by the Commonwealth of Australia, with the authority to award the decoration extending across federal territories as defined by the Defence Act 1903. The Act does not specify exclusions or exemptions, nor does it mention thresholds for eligibility, leaving the determination of these aspects to the discretion of the Minister and the Governor-General. Subordinate instruments may further define the specific procedures and criteria for the award of the Victoria Cross.
Key Provisions
The Victoria Cross Regulations, established under the authority of the Victoria Cross for Australia, set out the parameters for awarding this prestigious decoration. Section 3 of the Regulations specifies that the Victoria Cross is reserved for acts of the most conspicuous gallantry, or daring and pre-eminent acts of valour, self-sacrifice, or extreme devotion to duty in the presence of the enemy. Section 4 further clarifies that the decoration may be awarded posthumously. The scope of eligibility for the award is detailed in Section 5, which states that the Victoria Cross may be awarded to members of the Defence Force and to other persons as determined by the Minister. If a person is awarded the Victoria Cross more than once, subsequent awards are to be made in the form of a bar to the Cross, as per Section 6.
The Regulations impose several obligations on those involved in the process of awarding the Victoria Cross. Section 7 stipulates that any award must be made with the approval of the Sovereign, by Instrument signed by the Governor-General, following a recommendation from the Minister. Section 8 grants recipients the privilege of using the letters "VC" after their name, with additional notations for multiple bars. The design and wearing of the decoration are prescribed by Sections 9 and 10, respectively, leaving the final determination to the Governor-General. The establishment of a Registrar of Awards, tasked with maintaining a Register of recipients and other relevant records, is mandated in Section 11, with the Registrar being appointed by the Governor-General.
Failure to comply with the provisions of the Victoria Cross Regulations can result in serious consequences. Section 12(1) empowers the Governor-General to cancel an award of the Victoria Cross, requiring the return of the decoration and the erasure of the recipient's name from the Register. This section also provides for the reinstatement of cancelled awards under certain conditions, with the Registrar then responsible for restoring the Register as per Section 12(3). While the Regulations do not explicitly detail criminal or civil penalties for breaches, the serious nature of the offences related to the misuse or unauthorised wearing of the Victoria Cross may invite legal action under other relevant laws, potentially leading to criminal charges and penalties.