REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1934.
Dated this Twenty second day
of June , 1938.
Administrator.
By His Excellency’s Command,
Signature of the Minister of State for Defence.
Minister of State for Defence.
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NAVAL RESERVE (SEA-GOING) REGULATIONS.
Part I.—Preliminary.
Citation.
1. These Regulations may be cited as the Naval Reserve (Sea-going) Regulations.
Repeal.
2. The Statutory Rules set out in the Schedule to these Regulations are repealed.
Parts.
3. These Regulations are divided into parts as follows:—
Part I.—Preliminary.
Part II.—Rank and Command.
Part III.—Entry, Promotion and Training.
Part IV.—Uniform and Decorations.
Part V.—Pay and Allowances.
Part VI.—Annual Training Fees.
Part VII.—Retirement, Resignation and Discharge.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“Certificate” means the Certificate of Competency granted under the Navigation (Examination of Masters and Mates) Regulations;
“Commanding Officer” means the Commanding Officer of a ship of the Royal or Royal Australian Navy or Naval Establishment in which an officer of the Naval Reserve (Sea-going) is borne for training, service or other purposes;
“officer” or any reference to an officer in terms of his rank means an officer of the Royal Australian Naval Reserve (Sea-going);
“the Act” means the Naval Defence Act 1910-1934, as amended from time to time;
* Notified in the Commonwealth Gazette on , 1938.
2669/35.—9/25.5.1938.—Price 8d.
“the Naval Board” means the Naval Board of Administration appointed under the Naval Defence Act 1910-1934;
“the Naval Reserve (Sea-going)” means the Royal Australian Naval Reserve (Sea-going);
“the War” means the war which commenced on the 4th August, 1914;
“training year” means the calendar year commencing on 1st January and ending on 31st December.
Constitution.
5. There shall be a Force which shall be known as the Royal Australian Naval Reserve (Sea-going) and shall constitute a section of the Citizen Naval Forces.
Administration.
6. The officer appointed to be Director of Naval Reserves and Naval Reserves Mobilization shall, subject to the control of the Naval Board, he responsible for the administration of the Naval Reserve (Seagoing).
Part II.—Rank and Command.
Banks in Naval Reserve (Sea-going).
7.—(1.) The Minister may, on the recommendation of the Naval Board, and subject to the qualifications and conditions prescribed in these Regulations, recommend to the Governor-General suitable candidates for appointment as officers to the Naval Reserve (Sea-going).
(2.) The establishment of officers on the active list of the Naval Reserve (Sea-going) shall be fixed annually by the Naval Board, and shall not be exceeded:
Provided that, where a vacancy exists, an officer of lower rank in the same branch may be borne in lieu.
(3.) The ranks to which officers may be appointed or promoted shall be—
(a) Executive Officers—
Captain.
Commander.
Lieutenant-Commander.
Lieutenant.
Sub-Lieutenant.
Acting Sub-Lieutenant.
Midshipman.
(b) Engineer Officers—
Engineer Commander.
Engineer Lieutenant-Commander.
Engineer Lieutenant.
(c) Accountant Officers—
Paymaster Commander.
Paymaster Lieutenant-Commander.
Paymaster Lieutenant.
Paymaster Sub-Lieutenant.
(4.) Honorary officers may be appointed to any of the ranks prescribed in sub-regulation (3.) of this regulation.
Precedence of Officers.
8. Subject to these Regulations, the order of precedence of officers shall be as prescribed in the Naval Forces Regulations, and officers of the Naval Reserve (Sea-going) shall take precedence with officers of other branches of the Naval Forces as prescribed in the Naval Forces Regulations, rank for rank, irrespective of seniority, except as provided
in these Regulations in respect of qualified officers of the Naval Reserve (Sea-going) of the confirmed rank of Lieutenant or Lieutenant-Commander.
Designation of “Qualified Officer.”
9. An officer who has the qualifications prescribed in these Regulations for the status of qualified officer shall be designated a “Qualified Officer “.
Rank and command of qualified officers.
10. Qualified Officers of the same rank shall, in relation to each other and to officers of corresponding rank of the Permanent Naval Forces, rank and command according to seniority, but after officers of the Permanent Naval Forces of the same seniority.
Rank and command—other officers.
11. Officers of the same rank who are not Qualified Officers shall rank and command after officers of the Permanent Naval Forces and after Qualified Officers of corresponding rank and in relation to each other according to seniority.
Temporary status of “Qualified Officer.”
12. The Naval Board may grant Naval command and authority to an officer who is not a Qualified Officer, during his tenure of a particular appointment, and that officer shall rank and command as if for the time being he were a Qualified Officer.
Retention of seniority.
13. Retention of relative seniority as a Qualified Officer shall be conditional upon an officer satisfactorily performing the prescribed training and being well reported on by his Commanding Officer.
Status of qualified officer.
14. The Naval Board may grant to Lieutenant-Commanders and Lieutenants confirmed in rank the status of a Qualified Officer.
Lieutenants with war service—Qualifications for qualified status.
15. A Lieutenant who served for at least six months during the War in one of His Majesty’s or His Majesty’s Australian Ships in a rank above that of Midshipman, may be granted the status of Qualified Officer, if he has been well reported on by his Commanding Officer, and—
(a) (i) has been recommended by an officer of the Royal Navy or Royal Australian Navy not below the rank of Commander in command, in whose ship he has served for a period of not less than 28 days; and
(ii) has satisfactorily completed gunnery, torpedo and signal courses; or
(b) has served in command of one of His Majesty’s or His Majesty’s Australian Ships for not less than 12 months during the War.
Lieutenant-Commanders with war service—Qualifications for qualified status.
16. A Lieutenant-Commander who was not granted the status of Qualified Officer whilst holding the rank of Lieutenant, and who served for at least six months during the War in one of His Majesty’s or His Majesty’s Australian Ships in a rank above that of Midshipman may be granted the status of Qualified Officer if he was well reported on by his Commanding Officer, has been recommended by an officer of the Royal Navy or Royal Australian Navy not below the rank of Commander in command in whose ship he has served for a period of not less than 28 days in the rank of Lieutenant-Commander, and has—
(a) satisfactorily completed gunnery, torpedo and signal courses; or
(b) served in command during the War in one of His Majesty’s or His Majesty’s Australian Ships for not less than 12 months.
Retention of qualified status on promotion.
17. A Lieutenant granted the status of Qualified Officer as a Lieutenant shall not retain such status on promotion to Lieutenant-Commander, but may be granted the status of Qualified Officer on obtaining, in the rank of Lieutenant-Commander, a recommendation as prescribed by sub-paragraph (i) of paragraph (a) of regulation 15.
Definition of H.M. or H.M.A. Ships.
18. For the purposes of regulations 15, 16, 17, and 22, His Majesty’s or His Majesty’s Australian Ships shall include all ships, except submarines, on the list of ships of the Royal Navy or Royal Australian Navy, and merchant ships commissioned as His Majesty’s or His Majesty’s Australian Ships which fly the White Ensign.
Lieutenants without war service—Qualifications for qualified status.
19. A Lieutenant who did not serve in the War may be granted the status of Qualified Officer, if—
(a) he has satisfactorily completed gunnery, signal and torpedo courses;
(b) he has, within three years after completing the courses specified in the last preceding paragraph served continuously in a ship of war—
(i) in the case of a Lieutenant who has undergone not less than six months’ training as a Midshipman—for a period of twelve months as part complement in the rank of Lieutenant; or
(ii) in any other case, for a period of twelve months as part complement in the rank of Lieutenant and a further period of three months, either as part complement or additional for training; and
(c) he has been recommended by an officer of the Royal Navy or Royal Australian Navy not below the rank of commander in command under whose command he has served for not less than six months.
Lieutenant Commanders without war service—Qualifications for qualified status.
20. A Lieutenant-Commander who did not serve in the War may be granted the status of Qualified Officer if—
(a) he was granted the status of Qualified Officer as a Lieutenant;
(b) while in the rank of Lieutenant-Commander he has obtained a recommendation from his Commanding Officer stating that he possesses the necessary qualifications as determined by the Naval Board.
Service in future wars.
21. A Lieutenant or Lieutenant-Commander who serves in a future war for not less than twelve months in a ship of war at sea commanded by an officer not below the rank of Commander may be granted the status of Qualified Officer without having completed gunnery, torpedo and signal courses:
Provided that a Lieutenant granted qualified status under this regulation shall not retain that status on promotion to the rank of Lieutenant-Commander during future hostilities unless he is again recommended for qualified status in that rank.
Non-executive officers—Qualifications for qualified status.
22. An engineer officer or accountant officer of the confirmed rank of Lieutenant or Lieutenant-Commander may, at the discretion of the Naval Board, be granted the status of Qualified Officer if—
(a) he has served for at least six months in one of His Majesty’s or His Majesty’s Australian Ships during the War as an officer of the same branch as that in which he is serving;
(b) the Naval Board consider him to be qualified professionally by reason of his Naval experience and training and to possess such other qualifications as, in the opinion of the Naval Board, are necessary;
(c) he has been recommended by the Commanding Officer and by the senior officer of his branch of the ship in which his training has been performed.
Part III.—Entry, Promotion and Training.
Conditions of entry, promotion and training.
23. Subject to the Act and these Regulations, the conditions of entry, promotion and training of officers shall be as prescribed by Admiralty Regulations for officers of the Royal Naval Reserve, except that—
(a) the period of training for Probationary Midshipmen of the Naval Reserve (Sea-going) shall be six months, and
(b) the Naval Board may dispense with any portion of the training of an officer if he satisfies the Board that he is prevented by circumstances beyond his own control from carrying out such training.
Transfer from Royal Naval Reserve.
24. An officer on the Active List of the Royal Naval Reserve (except Skipper Class Officers and Warrant Engineers) may be transferred to the Naval Reserve (Sea-going) in the rank and with the seniority last held by him in the Royal Naval Reserve.
Part IV.—Uniform and Decorations.
Description of uniform.
25. The uniform to be worn by an officer of the Naval Reserve (Sea-going) shall be of the same pattern as that for officers of corresponding rank of the Permanent Naval Forces with the following distinctive exceptions:—
(a) Instead of each distinctive stripe of gold lace round the sleeves of the coat and on shoulder straps, there shall be a stripe formed of two waved lines of gold lace each of one-half the width of that prescribed for officers of the Permanent Naval Forces, one line superimposed upon the other so that one-eighth inch of blue cloth shows between the curves. The half stripe, however, shall be a single straight line of one-eighth inch of gold lace.
(b) The turnback and buttonhole for Midshipmen shall be blue instead of white.
(c) Midshipmen, when appointed for short periods or when under training, shall not be required to wear a sword or dirk, but a sword may be worn if desired.
Occasions on which to be worn.
26. An officer shall wear Naval uniform only when borne on ship’s books for Naval service or training and an such State occasions and other occasions of ceremony within the British Empire as may be approved by the Naval Board.
Uniform to be provided.
27. An officer, prior to embarkation for training, shall provide himself with such articles of uniform as may from time to time be approved by the Naval Board.
Purchase of uniforms.
28. Officers may be permitted to purchase articles of uniform at the current issuing price fixed by the Naval Board.
Brown jean may be supplied to engineer officers.
29. An engineer officer shall be supplied gratuitously on his first embarkation for training with twelve yards of brown jean material for making working suits.
Loan of bedding.
30. An officer when accommodated in a ship or Naval establishment for training shall be provided on loan with all necessary articles of bedding.
Decorations and medals may be worn.
31. An officer shall, whilst wearing Naval uniform, wear only such decorations and medals or their appropriate ribbons as are enumerated in the King’s Regulations and Admiralty Instructions and to which he is entitled.
Rules for award of Royal Naval Reserve Decoration.
32.—(1.) An officer who has at least fifteen years’ service as an officer exclusive of any service as a Midshipman may be recommended for the Royal Naval Reserve Officer’s Decoration:
Provided that award of this decoration to a commissioned officer shall not be recommended unless—
(a) he has completed voluntary training for the following periods:—
(i) in the case of an Executive Officer—9 months;
(ii) in the case of an Engineer Officer—4 months;
(iii) in the case of an Accountant Officer—2 months; or
(b) in the opinion of the Naval Board, he has performed specially good service.
(2.) All mobilized time from the fourth day of August, 1914, to the date of demobilization of an officer who belonged to the Royal Naval Reserve or Royal Australian Naval Reserve (Sea-going) on the fourth day of August, 1914, shall count as double time for the purposes of the award of this decoration, and all subsequent war service of such an officer in any other branch of the Naval Forces or in the Army or the Air Force as an officer shall similarly count as double time for the purposes of the award of this decoration.
(3.) An officer upon whom this decoration has been conferred may be deprived of it with the King’s approval if he is convicted of any act derogatory to his honour as an officer or a gentleman.
Long Service and Good Conduct Medal.
33. An officer who has been granted the Royal Naval Reserve Long Service and Good Conduct Medal and is subsequently granted the Royal Naval Reserve Officer’s Decoration may wear both the medal and the decoration.
Part V.—Pay and Allowances.
Pay whilst called out by proclamation.
34.—(1.) When called out for active service by proclamation an officer shall receive active and deferred pay, at “on promotion” rates, and allowances as prescribed in the Naval Financial Regulations for an officer of corresponding rank in the Permanent Naval Forces (Seagoing):
Provided that—
(a) active service in a confirmed rank, whether before or after the date of the proclamation, shall count for increase of pay in that rank, and
(b) deferred pay shall be payable only on termination of his employment on active service and under the conditions prescribed for officers of the Permanent Naval Forces (Sea-going).
Pay during training or employment in peace time.
35. When undergoing training or performing service in the Fleet during peace time, an officer shall receive pay and allowances as prescribed in regulation 34 of these Regulations, except that deferred pay shall not be payable.
Pay whilst holding acting appointments.
36. An officer who has been granted an acting appointment in a higher rank shall receive the pay and allowances prescribed for such higher rank so long as he holds the acting appointment.
Period for which paid whilst serving under proclamation.
37. The pay of an officer whilst on active service under proclamation shall accrue from the date of receipt of the notice calling upon him to serve, unless, in the opinion of the Naval Board, there was undue delay on the part of the officer in taking up his appointment, and his pay shall be continued until the date of his discharge.
Period for which paid during training or service in peace time.
38. An officer appointed in peace time for service or training or for a course of instruction shall be paid as from the date of his appearance in the ship to which he is appointed to the date of his discharge to shore:
Provided that no officer shall be paid for a period longer than that for which he was appointed.
Uniform allowance.
39.—(1.) Subject to the provisions of this regulation, an officer, on first appearance for training after appointment, may be paid a Uniform Allowance in accordance with the following scale:—
(2.) On first appearance for training after promotion to or confirmation in (as the case may be) the rank of Acting Sub-Lieutenant, an officer may be paid a further allowance as follows:—
£
If promoted from Midshipman .......................................28
If entered as a Probationary Acting Sub-Lieutenant.........................10
(3.) An officer granted a temporary commission may be paid a Uniform Allowance of £30 on appointment for training or service.
(4.) An officer who was previously a member of the Royal Navy, Royal Australian Navy, Royal Naval Reserve, Royal Australian Naval Reserve (Sea-going), Royal Australian Naval Reserve, Royal Naval Volunteer Reserve, or the Royal Australian Naval Volunteer Reserve, may, on first appearance for training after appointment, be paid Uniform Allowance, as follows:—
(a) Where at least three years have elapsed subsequent to previous service, he may be paid the full amount of the allowance appropriate to his rank as prescribed in sub-regulations (1.) and (3.) of this regulation.
(b) Where less than three years have elapsed subsequent to previous service, he may be paid—
(i) the difference between the amount of Uniform Allowance he previously received and the full amount of allowance appropriate to his rank as prescribed in sub-regulation (1.) or (3.) of this regulation, or
(ii) a refund of reasonable and necessary expenditure incurred in altering uniform to Naval Reserve (Sea-going) requirements or in the purchase of additional articles of uniform not previously required by regulations:
Provided that no grant will be made for replacement of articles worn out or no longer in the officer’s possession where no change of pattern is involved.
(5.) In determining for the purposes of paragraph (b) of sub-regulation (4.) of this regulation, the amount of Uniform Allowance previously received, the amount, if any, of such Uniform Allowance which has been refunded shall be deducted.
(6.) The Naval Board may require the production of vouchers in support of payment of allowances under this regulation when the Board consider their production necessary, and in such cases payment shall not be authorized in excess of the amount shown in the vouchers produced.
(7.) An officer who resigns or is discharged from the Naval Reserve (Sea-going) before completing the periods of service specified in this sub-regulation shall be required to refund Uniform Allowance received in accordance with the following provisions:—
(a) If he entered as a Probationary Midshipman—
£
s.
d.
(i) for each year or part of a year by which his service from date of entry as a Probationary Midshipman falls short of two years he shall refund
14
0
0
(ii) for each year or part of a year by which his service subsequent to promotion to Acting Sub-Lieutenant falls short of two years he shall refund
14
0
0
(b) If he entered as a Probationary Acting Sub-Lieutenant—
(i) upon resignation or discharge prior to confirmation in rank of Acting Sub-Lieutenant—for each year or part of a year by which his service from date of entry falls short of two years he shall refund
18
10
0
(ii) upon resignation or discharge subsequent to confirmation in rank of Acting Sub-Lieutenant —for each year or part of a year by which his service from date of entry falls short of four years he shall refund
11 15 0
(c) In any other case—
For each year or portion of a year by which service from date of entry (or re-entry) falls short of four years he shall refund
One-quarter of the amount received.
(8.) Notwithstanding the provisions of sub-regulation (7.) of this regulation, the refund of Uniform Allowance received may be waived in whole or in part at the discretion of the Naval Board, if failure to complete the prescribed period of service is due to death or to special circumstances such as ill-health not due to the officer’s own misconduct or imprudence.
Equipment allowance.
40. An officer appointed for service in the Fleet in peace time may be granted an equipment allowance at the rate prescribed in the following scale:—
If employed in the same rank as that in which he underwent the prescribed period of voluntary training
£5
If employed in a rank one grade higher than that in which he underwent the prescribed period of voluntary training
£10
Provided that not more than one payment of equipment allowance shall be made in any period of five years.
Payment of special allowances.
41. An officer who is appointed during service with the Fleet for navigating duties may be paid a navigating allowance at such rate and under such conditions as may from time to time be approved by the Naval Board.
Travelling expenses.
42.—(1.) An officer shall be paid travelling allowance at the rates and under the conditions prescribed in the Naval Financial Regulations for officers of corresponding rank in the Permanent Naval Forces (Seagoing) when travelling to take up his appointment for training or service and when returning to his home:
Provided that no travelling expenses shall be allowed in the case of an officer permitted to perform training beyond the limits of the Australia station.
(2.) An officer who is permitted to interrupt his period of training or service at his own request or to perform his training in two parts shall be required to bear the cost of any travelling expenses incurred on his discharge after the first period, and also that of re-joining to complete such training or service.
Leave.
43.—(1.) Except as provided in this regulation, leave on full pay (other than the usual short leave) shall not be granted to an officer borne on the books of one of His Majesty’s Australian Ships or Naval Establishments.
(2.) An officer appointed for not less than nine months’ continuous training, or training and service, may be granted leave of absence on full pay, under the conditions prescribed by the Naval Forces Regulations for officers of the Permanent Naval Forces (Sea-going), for a period not exceeding 31 days in respect of the first period of nine months’ training or service, and a proportionate period of leave for training or service continued beyond the first nine months.
(3.) An officer appointed for less than nine months’ training or service may be granted leave of absence on full pay for such periods as the Naval Board determine or in cases of urgency, but such leave shall not exceed the amount which might be granted to an officer of the Permanent Naval Forces (Sea-going) in respect of a similar period of service.
(4.) Midshipmen who are performing six months’ training may be granted the usual leave given to other Gun Room officers of the ship in which they are serving, up to a maximum of 21 days in all during the whole period of six months’ training.
(5.) Leave under the provisions of sub-regulations (2.), (3.) and (4.) of this regulation may be granted only during the currency of the period for which the officer was appointed.
Medical treatment.
44. When called out for active service by proclamation an officer may receive medical treatment under the same conditions as are prescribed by the regulations applicable to officers of the Permanent Naval Forces (Sea-going).
Pay during incapacity.
45.—(1.) When undergoing training or service in time of peace, an officer checked sick on account of a disability not due to his own negligence or misconduct or to other causes within his own control may, during the period of his appointment, receive medical treatment under the regulations applicable to officers of the Permanent Naval Forces (Sea-going), and be borne for full pay in accordance with the following scale:—
Period of Appointment.
Maximum period for which full pay may be paid.
If appointed for 28 days and less than 56 days......................
7 days
If appointed for 56 days and less than 91 days......................
14 days
If appointed for 91 days and less than 121 days.....................
21 days
If appointed for 182 days or more..............................
42 days
(2.) In special cases, such as serious bodily injury resulting from an accident on duty, or sickness due to extraordinary exposure or exertion on service, the Naval Board may determine the period in addition to that prescribed in sub-regulation (1.) of this regulation, during which an officer shall receive the full rate of pay.
(3.) Subject to sub-regulation (4.) of this regulation, an officer incapacitated by injury or sickness due to his own negligence or misconduct or to other causes within his own control may, with the approval of the Naval Board, receive medical treatment in His Majesty’s Australian Ship or Naval Establishment, and be borne on full pay during disablement for periods not exceeding the following:—
(a) If appointed for 91 days or more, but not exceeding 182 days
21 days
(b) If appointed for more than 182 days..........
30 days.
Cost of medical treatment from other than Naval sources, and any travelling expenses occasioned by the disability, shall not be a charge against Commonwealth funds.
(4.) Where an officer is incapacitated by injury or sickness due to his own negligence, misconduct or other causes within his own control, and he is unlikely to be fit for training or service—
(a) within 7 days if appointed for 28 days or less;
(b) within 14 days if appointed for more than 28 days but not exceeding 56 days;
(c) within 21 days if appointed for more than 56 days but not exceeding 91 days; or
(d) within 28 days if appointed for more than 91 days,
his pay shall cease on the date of the occurrence of the disability and he shall be discharged to shore when fit to travel.
Certain time whilst incapacitated may count as training.
46.—(1.) Within the period of an appointment all time in respect of which full pay whilst incapacitated is granted under the provisions of sub-regulations (1.) and (2.) of regulation 45 shall count as training or service for the purposes of promotion, training fees, and other benefits dependent upon the satisfactory completion of training or service.
(2.) In the case of an officer to whom sub-regulation (3.) of regulation 45 applies, the following time whilst incapacitated within the period of an appointment may be counted as training or service, notwithstanding that full pay may not have been issued in respect of the whole of such time:—
if appointed for 28 days and less than 56 days.....
7 days;
if appointed for 56 days and less than 91 days ....
14 days;
if appointed for 91 days and less than 121 days ...
21 days;
if appointed for 182 days or more.............
42 days.
(3.) The Naval Board may approve of an officer being retained beyond the period of his appointment to complete the balance of time by which the period of disability exceeds the time which may be counted as training or service.
Compensation may be paid.
47. The Naval Board may authorize the payment of compensation to an officer or his dependants under the same conditions as are prescribed in the Naval Financial Regulations for a member of the Permanent Naval Forces (Sea-going) and at rates not exceeding those prescribed in those Regulations.
Part VI.—Annual Training Fees.
Conditions under which training fees may be paid.
48.—(1.) Subject to compliance with the regulations in regard to the performance of obligatory training and the further conditions prescribed in these Regulations, an officer on the active list may be granted a training fee for each completed year of service at the rates specified in the following scale:—
Rank or Relative Rank.
Rate per annum.
Captain or Commander...............................
£30
Lieutenant-Commander or Lieutenant.....................
(2.) An officer who performed twelve months’ active service during the War and who has obtained satisfactory reports from his Commanding Officer as to his proficiency may be allowed to count twelve months’ active service as the equivalent of training for the purposes of this regulation.
(3.) The payment of training fees shall be dependent upon the conduct of the officer being satisfactory and the training fee may be forfeited or suspended in any case in which the Naval Board consider that an officer’s conduct, either while borne on a ship’s books for training or service or during his civil employment, has been unsatisfactory.
(4.) To be eligible to receive training fees, an officer who was not entitled to training fees prior to the first day of January, 1927, shall be required to have completed the full period of voluntary training prescribed, viz.:—
Executive officers....................
9 months.
Engineer officers.....................
4 months.
Accountant officers...................
2 months.
Manner of payment of training fees.
49.—(1.) An officer who was entitled to training fees prior to the first day of January, 1927, may be paid training fees in advance, if the rate of training fee remains unchanged, and obligatory training has been performed in respect of the year for which payment is claimed, but if he becomes entitled to a higher rate of training fee, payment shall then be made in arrear.
(2.) Any officer other than an officer referred to in sub-regulation (1.) of this regulation shall, on completion of the voluntary training prescribed in sub-regulation (4.) of regulation 48, become entitled to payment, after the first day of January next following the year in which such training was completed, of a training fee in the same proportion to the full annual training fee as the number of days subsequent to the date of completion of such voluntary training bears to the total number of days in the training year.
(3.) For each subsequent calendar year an officer shall be paid training fees, in arrear, if he has performed the prescribed period of obligatory training.
(4.) The final payment of training fee on an officer’s removal from the active list of the Naval Reserve (Sea-going), and any other payment that may be due for a period of less than a calendar year, shall be proportionate to the period to which it relates.
(5.) In cases where the Naval Board are satisfied that, owing to active employment in his profession, or to long service abroad, an officer has been unable to perform his training with regularity he shall, on completing the training due—
(a) within four years, in the case of an officer whose training period is biennial, or
(b) within six years, in the case of an officer whose training period is triennial,
from the termination of the year in which he last performed training, be allowed to draw his training fees due to that date, If he fails to perform his training within the appropriate period, all training fees
for that period, not already earned, shall be forfeited, and he shall, if he eventually performs training, become entitled to draw only his fee for the then current calendar year.
(6.) An officer who is promoted shall be entitled to receive for the year in which promotion is effected a proportionate part of the difference between the training fee of his former rank and that of the higher rank.
(7.) In the case of an officer who is entitled to be paid training fee in advance, and who will be due for retirement on account of age, or who will become liable to removal under regulations 54 or 55 of these Regulations at any time during the ensuing year, a proportionate amount only of the full training fee for his rank shall be paid on or after the first day of January of that year, but should it be proved to the satisfaction of the Naval Board that an officer has resumed sea service, thus obviating the removal of his name from the Active List, the balance of the fee for that year may be paid when the next fee becomes due.
Training fee not payable during voluntary training or service.
50. An officer performing voluntary training or service in the Fleet (other than obligatory training or courses) or when called out for active service by proclamation, shall not be paid training fee in respect of the period during which he is so employed.
Training fee not payable during period of suspension of Certificate of Competency.
51. An officer whose Certificate is suspended shall not be paid training fee in respect of the period of suspension.
Part VII.—Retirement, Resignation and Discharge.
Retired List.
52. Subject to the Act and these Regulations, an officer may be placed on the Retired List under such conditions as may be approved by the Naval Board and with such rank as the Governor-General determines:
Provided that an officer appointed to or promoted on the Active List after the seventh day of October, 1931, shall not be eligible for promotion on the Retired List, but an officer not promoted on the Active List after the seventh day of October, 1931, or who was on the Retired List at that date, may, subject to the foregoing provisions of this regulation, receive one step in rank on the Retired List.
Age or seniority for retirement.
An officer shall be compulsorily retired on attaining the age or seniority prescribed for his rank in the following scale:—
Lieutenant—on reaching eight years’ seniority, if he was not qualified for promotion as Lieutenant-Commander or has not applied for promotion as Acting Lieutenant-Commander
Sub-Lieutenant who was entered as probationary Midshipman.......
28
Sub-Lieutenant (direct entry) entered before the first day of January, 1931, who was under 24 years of age on entry
28
Years.
Sub-Lieutenant (direct entry) entered before the first day of January, 1931, who was 24 years of age or over on entry
31
Sub-Lieutenant (direct entry) entered on or after the first day of January, 1931, who was under 26 years of age on entry
30
Sub-Lieutenant (direct entry) entered on or after the first day of January, 1931, who was 26 years of age or over on entry
Circumstances under which executive officers may be removed from the Active List.
54.—(1.) An officer of the Executive Branch shall be removed from the Active List in the circumstances respectively stated in the following paragraphs which are applicable to his rank:—
(a) Captain—after four years from last employment at sea in the Mercantile Marine;
(b) officer of or below the rank of Commander—after three years from the date of his last employment at sea in the Mercantile Marine;
(c) Lieutenant—if he has not obtained his Master’s Certificate before reaching the age of 30, and the Naval Board are not satisfied with the reasons for his failing;
(d) Probationary Lieutenant—if he is not confirmed in his rank within two years from the date of his first appointment;
(e) Probationary Sub-Lieutenant—if he is not qualified for confirmation in his rank within four years from the date of his appointment;
(f) Acting Sub-Lieutenant—if he is not qualified for promotion to Sub-Lieutenant within four years from the date of his first appointment:
Provided that an Acting Sub-Lieutenant, who ceased civil employment at sea while holding the rank of Midshipman, may be removed from the Active List after two years from the date of ceasing such employment;
(g) Probationary Acting Sub-Lieutenant—if he is not qualified for confirmation in his rank within two years from the date of his first appointment;
(h) Midshipman—after two years from the date of ceasing last employment at sea or on attaining 23 years of age, whichever is the sooner;
(i) Probationary Midshipman—if he is not confirmed in his rank within three years from the date of his first appointment.
(2.) Notwithstanding anything contained in sub-regulation (1.) of this regulation, the Naval Board may, in exceptional circumstances, retain on the Active List any officer of or above the rank of Lieutenant-Commander who has not reached the retiring age.
Circumstances under which engineer officers may be removed from the Active List.
55.—(1.) An engineer officer who has given up the sea as a profession, and who is not employed in a position approved by the Naval Board connected with engineering ashore, shall be compulsorily removed from the Active List at the expiration of four years from the date of his last employment at sea.
(2.) A Probationary Engineer Lieutenant, if not qualified for confirmation in his rank within two years from the date of his first appointment, shall be removed from the Active List.
Circumstances under which accountant officers may be removed from the Active List
56. A Probationary Paymaster Sub-Lieutenant shall be removed from the Active List if he does not qualify for confirmation in his rank within a period of two years from the date of his first appointment.
Officers may be removed for various reasons.
57. The Governor-General may cancel the commission or terminate the appointment of an officer—
(a) if he commits any offence against the rules, discipline or character of the Naval Service;
(b) if his Certificate is suspended or cancelled;
(c) if, in the case of an executive officer, he accepts a position in the Mercantile Marine below that of Master, Mate, Apprentice, Cadet or Midshipman:
Provided that, in the case of a Midshipman of the Naval Reserve (Sea-going), this provision shall not apply where additional sea service is required to qualify for Second Mate’s Certificate;
(d) if, in the case of an engineer or an accountant officer, he accepts employment, either afloat or ashore, which in the opinion of the Naval Board is not consistent with the position of an officer of the Naval Services;
(e) if he is considered by the Naval Board unsuitable;
(f) if he fails for eighteen consecutive months to report himself as required;
(g) if his conduct in the Mercantile Marine is, in the opinion of the Naval Board, unsatisfactory;
(h) if, in the case of a Midshipman, an Acting or Probationary Sub-Lieutenant, Probationary Lieutenant or Probationary Paymaster Sub-Lieutenant, he does not qualify during training or is unfavorably reported upon by his Commanding Officer;
(i) if he undertakes any service or engagement which would render him unavailable for mobilization if required.
Suspension of Certificates of Competency.
58. An officer whose Certificate is suspended, who is allowed to retain his commission or appointment in the Naval Reserve (Sea-going), shall not be permitted to embark for training or service until his Certificate shall have been restored to him.
Removal for failure to perform training.
59.—(1.) An officer who for the following periods, viz.:—
(a) in the case of a Commander—six years from the date of promotion to the rank of Commander;
(b) in the case of an officer whose training period is biennial—four years;
(c) in the case of an officer whose training period is triennial—six years,
fails to perform the obligatory courses or training prescribed in these Regulations may be removed from the Active List.
(2.) In the case of paragraphs (b) and (c) of sub-regulation (1.) of this regulation, the period shall be reckoned from the first day of January immediately following the date on which the officer completed his last period of training, irrespective of whether that training was or was not performed in advance.
Removal for physical unfitness.
60. An officer who becomes physically unfit shall be removed from the Active List.
Officers may be placed on the Retired List.
61. Any officer of or above the rank of Lieutenant who is removed from the Active List for any cause except for misconduct may, on the recommendation of the Naval Board, be placed on the Retired List:
Provided that probationary officers shall not be eligible for the Retired List.
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THE SCHEDULE.
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Statutory Rules 1926, No. 207.
Statutory Rules 1927, No. 97.
Statutory Rules 1928, No. 2.
Statutory Rules 1929, No. 6.
Statutory Rules 1930, No. 124.
Statutory Rules 1930, No. 152.
Statutory Rules 1931, No. 81.
Statutory Rules 1931, No. 139.
Statutory Rules 1932, No. 62.
Statutory Rules 1933, No. 112.
Statutory Rules 1934, No. 160.
Statutory Rules 1935, No. 59.
Statutory Rules 1936, No. 110.
Statutory Rules 1937, No. 9.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.