Australian Military Regulations 1927

3 Interpretation

In these Regulations, and in the forms authorised by these Regulations, unless the contrary intention appears:

active service has the same meaning as in the Defence Force Discipline Act 1982.

Army Reserve means the Australian Army Reserve.

Corps means a corps referred to in subregulation 68 (1).

dental officer means an officer of the Royal Australian Army Dental Corps who is or has been a person registered as a dentist under a law of a State or Territory.

Formation means a Command, Military District, Army, Corps, Division, Brigade or Task Force and includes any other part of the Army declared by the Chief of Army to be a formation for the purposes of these regulations.

Head‑quarters means the head‑quarters of the Army.

medical officer means an officer of the Royal Australian Army Medical Corps who is or has been a person registered as a medical practitioner under a law of a State or Territory that provides for the registration of medical practitioners.

member means an officer or soldier.

non‑commissioned officer means a soldier who holds a rank not higher than the rank of staff sergeant or lower than the rank of lance‑corporal or lance‑bombardier.

officer means a person appointed as an officer of the Australian Army.

private soldier includes every soldier not being a warrant officer or non‑commissioned officer.

regimental means connected with a corps, or with any part of a corps.

substantive rank does not include temporary or honorary rank.

the Defence Act and the Act respectively mean the Defence Act 1903‑1927, and all amendments thereof for the time being in force.

unit means a unit specified in the Order of Battle for the Army.

warrant officer means a soldier of the Army holding the rank of warrant officer and includes a soldier holding the rank of warrant officer temporarily or as an honorary rank.

4 Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

11 Delegation

(1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).

(2) The Chief of Army may, either generally or otherwise as provided by the instrument of delegation, delegate all or any of its powers and functions under these Regulations (except this power of delegation).

(4) A power or function delegated under a subregulation of this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

(6) A delegation under a subregulation of this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the person giving the delegation.

Division 2 Administration

11A Powers of formation commander

(1) The Chief of Army may authorize an officer not below the rank of colonel to exercise, in relation to a specified part of the Army, the powers and functions of a formation commander.

(2) An officer authorized under subregulation (1) has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Army serving with the part of the Army specified in the authority.

(3) The Commandant of the Royal Military College has all the powers, and shall perform all the duties and functions, of a formation commander in respect of a member of the Army serving at the Royal Military College.

(4) The Chief of Army may authorise an officer to exercise the powers and carry out the functions of the formation commander of a formation that is not on active service if:

(a) the office of the formation commander is temporarily vacant; or

(b) the formation commander is absent, or unable to perform his or her duties.

(5) If, in the circumstances described in subregulation (4), the Chief of Army has not authorised an officer to exercise the powers and carry out the functions of the formation commander, then the senior officer present may exercise those powers and carry out those functions until an officer is authorised to do so under subregulation (1) or (4).

12 Exercise of powers of a formation commander

The Chief of Army and the Director General Personnel — Army may exercise the powers of a formation commander at any time.

16 Exercise of powers vested in holder of military office

(1) Any power or jurisdiction given to, and any act or thing to be done by, to or before any person holding any military office for the purpose of these regulations, may be exercised by or done by, to or before any person for the time being authorized in that behalf according to the custom of the service.

17 Signing of orders

When any order is authorized by any regulation made under the Act to be made by the Chief of Army, or by a formation commander, or by any general or other officer commanding, such order, unless the contrary intention is expressed, may be signified by an order, instruction, or letter under the hand of any officer authorized to issue orders on behalf of the Chief of Army or the formation commander or other general or other officer commanding; and an order, instruction, or letter purporting to be signed by any officer appearing therein to be so authorized shall be prima facie evidence of his being so authorized.

Part 3 Command, precedence and Divisions

43 C.O.’s command

An officer appointed to command a regiment, battalion, or equivalent command shall exercise command over all members serving therein.

68 Precedence of Corps

(1) The Corps in the Army are the Corps in the following list, set out in order of precedence:

(a) the Corps of Staff Cadets;

(b) the Royal Australian Armoured Corps;

(c) the Royal Regiment of Australian Artillery;

(d) the Royal Australian Engineers;

(e) the Royal Australian Corps of Signals;

(f) the Royal Australian Infantry Corps;

(g) the Australian Army Aviation Corps;

(h) the Australian Intelligence Corps;

(i) the Royal Australian Army Chaplains Department;

(j) the Royal Australian Corps of Transport;

(k) the Royal Australian Army Medical Corps;

(l) the Royal Australian Army Dental Corps;

(m) the Royal Australian Army Ordnance Corps;

(n) the Royal Australian Electrical and Mechanical Engineers;

(o) the Royal Australian Army Educational Corps;

(p) the Australian Army Public Relations Service;

(q) the Australian Army Catering Corps;

(r) the Royal Australian Army Pay Corps;

(s) the Australian Army Legal Corps;

(t) the Royal Australian Corps of Military Police;

(u) the Australian Army Psychology Corps;

(v) the Australian Army Band Corps;

(w) the Royal Australian Army Nursing Corps;

(x) the Women’s Royal Australian Army Corps.

(2) Units of the Army take precedence as follows:

(a) the units of the Permanent Forces have precedence over the units of the Reserves;

(b) the units have precedence according to the order of their numerical succession;

(c) if units are not included in a numerical succession, the units have precedence according to the order in which the Commands to which they belong are specified in the instrument appointing Commands.

70 Consular service

Officers of the Consular Service rank with officers of the Army as follows:

(a) a Consul‑General ranks with, but after, a Major‑General;

(b) a Consul ranks with, but after, a Colonel;

(c) a Vice‑Consul ranks with, but after, a Major;

(d) a Consular Agent ranks with, but after, a Captain.

72 Establishment of Divisions

The following Divisions are established in the Australian Army:

(a) the General Service Officer Division;

(b) the Prescribed Service Officer Division;

(c) the Specialist Service Officer Division.

Part 4 Deductions from salary

294 Deductions for barrack etc damages

(1) With the approval of a formation commander, there may be deducted from the salary (due or to become due) of a soldier, the share he is required to contribute as belonging to a unit towards compensation for barrack damage or damage to vehicles, which appears to have been occasioned by the wilful act or negligence of a person or persons (who cannot be identified) belonging to the unit during the period while the unit was in occupation.

(2) For the purposes of this regulation the expression barrack damage means damage to, or loss or destruction of, any premises, including huts and tents, in which soldiers are quartered or billeted, or any appurtenances, fixtures, furniture, or effects therein, or appertaining thereto; and the expression unit includes any part of a unit.

(2A) For the purpose of this regulation damage to vehicles means damage to, or loss or destruction of a ship, train, motor vehicle, aircraft or other conveyance in which units or parts of units of the Army are transported, or appurtenances, fixtures, furniture or effects therein or appertaining thereto.

(3) The share shall be proportionate to the number of persons from whom the compensation is to be recovered.

Part 6 Medical examination and treatment

433 Liability to be examined

(1) A member may be required at any time, by the member’s commanding officer or any other superior officer, to be medically examined.

(2) If the member is required to be medically examined, the member must:

(a) attend at the time and place directed by the officer who requires the examination; and

(b) submit to being examined; and

(c) give all information, and do anything, that the person who conducts the examination requires for the purpose of the examination.

434 Attendance of medical officer on member suspected to be absent without sufficient cause etc

When a member employed on continuous full time military service is absent from duty owing to sickness or is suspected to be absenting himself without sufficient cause, his commanding officer or a superior may authorize a medical officer or a Medical Board to attend upon and examine the member and to make a report of the examination.

435 Obligations to undergo medical or dental treatment

(1) Any member may be required to undergo such medical treatment as is deemed by a medical officer, and such dental treatment as is deemed by a dental officer, to be necessary to cure, remove, prevent or to reduce the likelihood of any disease or infirmity which in the opinion of the medical officer or the dental officer affects or is likely to affect the efficiency of the member in the performance of his duties, or to endanger the health of any other member.

(2) For the purposes of subregulation (1) medical treatment shall include vaccination and inoculation, and dental treatment shall include the extraction and filling of teeth, the fitting of artificial dentures and prophylactic treatment for the cure of pathogenic conditions of the gingivae.

(3) In this regulation:

(a) medical officer includes a person who is registered in a State or Territory as a medical practitioner; and

(b) dental officer includes a person who is registered in a State or Territory as a dental practitioner.

436 Medical officers’ report on infectious diseases etc

(1) Every medical officer who in the course of his duty as an officer of the Royal Australian Army Medical Corps medically examines or attends any member suffering from any infectious or contagious disease shall immediately report the case in writing to the proper military authority. The report shall include particulars of the name, address, and corps of the member, and of the nature of the disease, and any other information necessary for the purpose of taking steps to prevent the disease from affecting any other member, or otherwise necessary for the efficiency of the Army.

(2) Every medical officer who in the course of his duty as an officer of the Royal Australian Army Medical Corps is required to make any comment or recommendation on any report or evidence relating to a member suffering from any disease, or to make a report of an examination of any such member shall in the comment, recommendation or report, state all such things as are necessary to be stated for the purpose of preserving the efficiency and safeguarding the health of the Army.

437 Reporting infectious and contagious disease

(1) Every member suffering from a contagious or infectious disease shall:

(a) if he is a member employed on continuous full‑time military service — as soon as practicable after he becomes aware that he is so suffering; or

(b) if he is a member not employed on continuous full time military service:

(i) where, at the commencement of a period of military service fixed by or in accordance with these Regulations, he is aware that he is so suffering — on the commencement by him of that period of military service; or

(ii) where, during such a period of military service, he becomes aware that he is so suffering — as soon as practicable after he becomes so aware;

report the fact to his commanding officer or other proper military authority.

437A Post mortem examinations

(1) In this regulation:

deceased member means a member who died:

(a) while rendering continuous full time military service; or

(b) while rendering military service for a period fixed by or in accordance with these regulations.

medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory which provides for the registration or licensing of medical practitioners.

(2) A medical officer may, if he considers it desirable, arrange for a medical practitioner, whether that practitioner is a member of the Royal Australian Army Medical Corps or not, to carry out such post mortem examinations of the body of a deceased member as that practitioner thinks fit.

(3) Where a medical officer arranges for a post mortem examination of the body of a deceased member to be carried out under this regulation, the body may be conveyed to the nearest military hospital or, if the medical officer so directs, to the nearest public hospital or other suitable place for the carrying out of the examination.

(4) Where a medical officer directs that the body of a member be conveyed to a place other than a military hospital for the purpose of the carrying out of a post mortem examination, the person in charge of that place shall not prevent or hinder the carrying out of the examination at that place.

Part 7 Particulars of service in the Australian Army Legal Corps

576 Constitution of Australian Army Legal Corps

(1) The Australian Army Legal Corps shall consist of officers appointed to that Corps, or transferred to, or seconded for duty with, that Corps from other parts of the Army.

(2) A person is not qualified for transfer to or seconding for duty with the Australian Army Legal Corps unless:

(a) he is or has been a barrister or solicitor or barrister and solicitor of the High Court or of the Supreme Court of a State or Territory; or

(b) he is or has been entitled, in another part of Her Majesty’s dominions, to the like rights and privileges of practice before the courts of that part as a barrister or solicitor, or barrister and solicitor, of a State or Territory is entitled before the courts of that State or Territory and the Director of Army Legal Services has certified that he possesses qualifications sufficient for the performance of the duties of an officer of the Australian Army Legal Corps.

580 Appointment and transfer to Standby Reserve of A.A.L.C.

(1) Notwithstanding anything contained in these Regulations or the Defence (Personnel) Regulations 2002, persons qualified for appointment to the Australian Army Legal Corps may be appointed to the Standby Reserve.

(2) An officer appointed or transferred to the Australian Army Legal Corps for whom no suitable appointment or duty is available may be transferred to the Standby Reserve.

(3) Officers appointed or transferred under this regulation may, notwithstanding anything contained in these Regulations or the Defence (Personnel) Regulations 2002, remain on the Standby Reserve until they reach the age of retirement.

583 Control and command of Corps

(1) All matters relating to any appointment, promotion or transfer to, in, or in connection with, the Australian Army Legal Corps shall, subject to these Regulations, be under the control of the Director of Army Legal Services.

(2) A certificate of the Director of Army Legal Services that the person concerned is suitable for the appointment or promotion shall be obtained when an appointment or promotion to or in the Australian Army Legal Corps is contemplated and no such appointment or promotion shall be made without such certificate.

(3) An officer of the Australian Army Legal Corps at the headquarters of a formation or other command shall be under the command of the officer commanding the formation or other command, but any officer not so attached shall be under the command of the Director of Army Legal Services.

(5) Subregulation (3) does not apply to the command of a legal officer while the officer is performing duties under subsection 154 (1) of the Defence Force Discipline Act 1982.

584 Communications and rulings

(1) The legal officer, or the senior legal officer of a formation or other command forming part of a larger formation or other command, shall communicate on questions of military law directly with the legal officer or senior legal officer at the next larger formation or command to which the officer communicating belongs:

Provided that, on the application of any legal officer, a question shall be referred, for opinion, to the Director of Army Legal Services, who may, if it appears to him desirable, submit the question to the Judge‑Advocate‑General for his ruling.

585 Efficiency of officers of A.A.L.C.

(1) An officer of the Australian Army Legal Corps shall be classified as efficient for each year in which he satisfactorily performs the duties allotted to him.

(2) Subregulation (1) does not apply to the performance of duties by a legal officer under subsection 154 (1) of the Defence Force Discipline Act 1982.

585A Duties of the Director of Army Legal Services

The duties of the Director of Army Legal Services shall include:

(a) the supervision, control, working and efficiency of legal service within the Army;

(b) the submission of reports upon and the making of recommendations with reference to the instruction in military law of officers of the Army;

(c) advising upon and settling of the form of charges referred to him; and

(e) advising upon such matters as are referred to him.

Part 10 Personal records

770 Authority to disclose

(1) In this regulation:

authorizing officer means:

(a) the Minister;

(b) the Chief of Personnel;

(c) a formation commander; or

(d) a person appointed for the purpose of this regulation by the Director General Personnel — Army.

member includes a person who has served in the Army.

(2) An authorizing officer may, on the application of any person:

(a) who is the father, mother, or wife of a member; or

(b) who satisfies the authorizing officer that he has a bona fide interest in ascertaining any facts or particulars regarding the military history of a member;

authorize information as to the medical or other military history of the member to be given to that person.

(3) Every application under this regulation shall be in writing, and shall contain such particulars as are required by an authorizing officer.

(4) An authorizing officer may require any applicant to support his application by such evidence of good character or otherwise as the authorizing officer considers necessary.

(5) An authorizing officer may authorize information to be given to an applicant either unconditionally or subject to such conditions as the authorizing officer specifies.

(6) A person is guilty of an offence if the person:

(a) makes an untrue statement in an application under this regulation, or in a statement or declaration in support of an application; or

(b) having received information subject to a condition, fails to comply with the condition (whether that condition is by way of promise or otherwise).

Penalty: 1 penalty unit.

(6A) An offence against paragraph (6) (b) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

(7) No action or proceeding, civil or criminal shall lie against any member of the Army, nor against any person employed by the Department of Defence, by reason of the fact that he has, in pursuance of this regulation, disclosed information by the authority of an authorizing officer.

Part 11 Messes

782 Control of messes and mess funds and property

(1) The administration and conduct of a mess in the Army is subject to the control and direction of the Chief of Army.

(2) For the purposes of legal proceedings, the funds and property belonging to a mess shall be deemed to be the property of the President for the time being of the mess.

(3) The winding‑up of the affairs of a mess that is to be or has been disbanded is subject to the control and direction of the Chief of Army.

(4) The funds and property of a mess that is being or has been disbanded shall not be disposed of or applied otherwise than as directed by the Chief of Army.

(5) The Chief of Army may:

(a) determine mess fees that are to be paid by officers, warrant officers and sergeants for services provided by:

(i) a mess specified in the determination; or

(ii) all messes.

(6) For subregulation (5):

(a) the amount of mess fees must be reasonably proportionate to the value of the services provided by the mess; and

(b) each officer, warrant officer and sergeant who is a member of a mess is liable to pay the mess fees (if any) determined in relation to the mess.

784 Messes in camp

When an officers’ mess is established in a unit or corps during attendance at a camp of continuous training, every officer of the unit or corps shall join the mess unless exempted by the Officer Commanding the members in camp.

785 Debts to messes

(1) The amount of any regimental debt owing by a member may, with the approval of the formation commander, be deducted from any salary and allowances due, or to become due, to the member.

(2) In this regulation, regimental debt means any debt owing to a naval, military or air force mess, canteen or institute.

Part 13 Miscellaneous

802 False representation of authority

Any person who by word, act, or conduct, in relation to any matter concerning the defence of Australia, or the administration of the Department of Defence:

(a) falsely represents himself or herself to be authorized by the Minister or the Department of Defence, or any person engaged therein, or any officer of the Defence Force, to do anything on behalf or in the interest of the Minister or that Department or that Force; or

(b) misleads or attempts to mislead any person by any unauthorized representation as to any act, or intended act, of the Australian Government or the Minister or the Department of Defence or any person engaged therein or any officer of the Defence Force;

shall be guilty of an offence.

Penalty: 1 penalty unit or imprisonment for 3 months.