REGULATIONS FOR THE COMMONWEALTH NAVAL FORCES 1904.
PART I.—GENERAL REGULATIONS.
SECTION I.—PRELIMINARY.
1. In these Regulations—unless the contrary intention appears—
" The Secretary " : means the Officer appointed to be Secretary to the Department of Defence.
" Naval Officer Commanding " : means the Officer Commanding the Naval Forces of the Commonwealth.
" Commandant " : means the Officer appointed to command any State Division of the Naval Forces.
" Commanding Officer ": means the Senior Executive Officer for the time being on board any ship or on the shore.
" Executive Officer ": means the next in command to the Commanding Officer and carrying on the Executive duties.
" Gunnery Officer" : means the Lieutenant or other Officer in charge of gunnery duties, and drills and instructions of Naval Forces.
" Torpedo Officer " : means the Lieutenant or other Officer in charge of torpedo duties.
" Navigating Officer " : means the Officer in charge of navigating duties.
" Medical Officer " : means the Staff Surgeon or Surgeon in charge of the medical duties.
" Accountant Officer ": means the Paymaster, Assistant Paymaster, or other officer in charge of the pay and victualling duties.
" Engineer ": means the Engineer Officer in charge of the machinery and boilers of the Naval Establishment in any State.
" Warrant Officer " includes chief gunners, chief boatswains, chief carpenters and 1st and 2nd class gunners, boatswains, artificer engineers, and carpenters.
" Seamen Class " : means any petty officers, seamen, or boys serving in the Commonwealth Naval Forces who take military command.
" Ship " : means any vessel belonging to or attached to the Commonwealth Naval Forces.
" The Act " : means the Defence Act 1903.
2. These Regulations shall not be construed to prevent the application of any provisions of the Naval Discipline Act to the Naval Forces while on active service.
SECTION II.—POWERS AND DUTIES OF THE NAVAL OFFICER COMMANDING AND OF COMMANDANTS.
2A. (a) The Naval Officer Commanding shall advise the Minister on all questions relating to the discipline, drill, and training of the Naval Forces of the Commonwealth, and on any matters that may be referred to him by the Minister.
(b) He shall recommend to the Minister suitable candidates for appointment as officers, and recommend officers for promotion and retirement.
Section 1 - Naval Forces of the Commonwealth Regulations - Naval Forces of the Commonwealth Regulations | Zoe
(c) He shall periodically inspect the several divisions and establishments of the Naval Forces, and report thereon to the Minister.
(d) He shall be charged with the preparation and maintenance of plans for the organization and mobilization of the Naval Forces and for the scheme
5. All orders and directions of the Government with respect to the administration of the Forces shall be communicated by the Minister or through the Secretary, and Commandants will issue the necessary orders to give effect to them. All communications intended for the Minister shall be addressed to and forwarded through the Secretary as the channel of communication with the Minister.
6. If the Naval Officer Commanding or any officer at any time neglects or refuses to carry out and give full and complete effect to these Regulations, or if the Naval Officer Commanding or any officer from any cause becomes or is unable to perform his duties, the Governor-General may suspend or remove him.
7. The Commandants shall be responsible for the prescribed oath being taken by every person (below the rank of officer) enlisting.
PART II.—PERMANENT NAVAL FORCES.
SECTION I.—ENTRIES, COMMISSIONS, AND PROMOTIONS OF OFFICERS.
8. The Minister may, on the recommendation of the Naval Officer Commanding, and subject to the qualifications and conditions hereinafter provided, recommend to the Governor-General suitable candidates for appointment to the Permanent Naval Forces.
Any person who wishes to be appointed an officer of the Permanent Naval Forces must make application, in writing, to the Naval Officer Commanding.
All Candidates must pass such medical examination as may be directed by General Order.
For the Rank of Sub-Lieutenant.
9. Candidates for appointment as Sub-Lieutenant must be under the age of 30 years, have not less than seven years' sea-time, and must hold one of the following commissions or certificates and produce satisfactory testimonials of previous service :—
(a) Commission of Lieutenant or Sub-Lieutenant in the Royal Navy.
(b) Commission of Lieutenant or Sub-Lieutenant in the Royal Naval Reserve.
(c) Master's Certificate in the Mercantile Marine; preference to be given to qualified candidates from the Naval Militia or Volunteers.
10. Sub-Lieutenants shall be entered on probation for one year, during which time they must pass the examinations in Gunnery and Torpedo work, and Pilotage. On passing these examinations and satisfactorily completing the probationary period, the confirmation of their commissions may be recommended.
11. Officers failing to pass the foregoing examinations shall not have their commissions confirmed. The term of probation may, however, on the recommendation of the Naval Officer Commanding, be extended for a further period, not exceeding six months, but any such extension of time will entail a corresponding loss of seniority in the Force. Should they then fail to pass, their appointments shall be cancelled.
12. Officers appointed from the Naval Militia or Volunteers to vacancies for Lieutenant or Sub-Lieutenant in the Permanent Forces, who have already passed the prescribed examinations for the confirmation of their rank in the Naval Militia or Volunteers, will only be required to pass a requalifying examination in Gunnery and Torpedo work.
13. Officers on probation shall not take command of any ship or torpedo boat, except under special circumstances, and with the approval of the Commandant.
For the Rank of Lieutenant.
14. Promotion to fill vacancies in the rank of Lieutenant may be made on the recommendation of the Naval Officer Commanding from such Sub-Lieutenants as have qualified by passing the prescribed examination for Lieutenant, but Sub-Lieutenants shall not be eligible for promotion to Lieutenant unless they have completed one year's service from the date of confirmation.
15. Lieutenants and Sub-Lieutenants will be required to requalify in
Medical Officer.
20. A Medical Officer, duly qualified as such, may be appointed Surgeon on the recommendation of the Naval Officer Commanding.
A Surgeon may be promoted to the rank of Staff or Fleet Surgeon, on the recommendation of the Naval Officer Commanding and the Principal Medical Officer.
Warrant Officers.
21. Men selected for promotion to the rank of Warrant Officer will be required to pass the examination laid down for that rank.
22. Gunners shall be selected by the Naval Officer Commanding from Petty Officers and Chief Petty Officers who are qualified as Instructors.
23. Boatswains, Artificer Engineers, and Carpenters shall be selected by the Naval Officer Commanding from the most suitable men who are qualified for appointment.
Examinations.
24. All examinations for Officers will be conducted by a Board, composed of not less than three officers who shall be deputed for such duty by the Naval Officer Commanding, provided that in all Torpedo and Gunnery examinations, the Torpedo and Gunnery Officers respectively shall be members of the examining Board.
SECTION II.—ENTRY AND PROMOTION OF SEAMEN AND BOYS.
Standard Height.
25. The standard height for the men shall be 5ft. 6in., and the chest measurement 36 inches. Exceptions to the standard height and chest measurement may be allowed with the approval of the Naval Officer Commanding. Boys, 15 years of age; height, 4ft. 11in. ; chest measurement, 29 inches.
26. All candidates must pass such medical examination as may be directed.
Boys.
27. Boys may be engaged between the ages of 15 and 17, and shall be discharged on the termination of three years' engagement, unless there are vacancies to which they could be promoted in other ratings.
Training Seamen.
28. Seamen between the ages of 20 and 25 years may be engaged as Training Seamen on probation for six months, at rates of pay as prescribed, and, if found suitable in character and ability, they may, at the expiration of this term, be re-engaged and sworn in for a period of three years.
29. Training Seamen who have served their probationary term may, at or before the completion of their three years' engagement, if qualified as prescribed, be rated or re-engaged as Able Seamen, and sworn in for a further term of three years.
Seamen under the age of 30 years who have previously served in the Royal Navy or in some Colonial Naval Force, and who hold an Able Seaman's Certificate, may be enrolled as Training Seamen, provided that they produce certificates of good character and ability.
Preference shall be given to men who have served in the Naval Militia or Volunteers.
Able Seamen.
30. Suitable candidates to fill the vacancies for Able Seamen may be selected, as directed by the Commanding Officer, provided that they possess the necessary gunnery qualifications, and there are no Training Seamen qualified for the rating. Able Seamen shall not be engaged when over the age of 35 years.
31. In selecting candidates for the rating of Seaman Gunner Torpedo man, preference shall be given to men holding the rating of qualified or leading signalman, but no man shall draw the pay for the ratings of Signalman and Seaman Gunner Torpedo man at the same time.
Petty Officers and Leading Seamen.
32. Leading Seamen are to be rated from qualified Able Seamen holding the rate of Seaman Gunner Torpedo man ; and Seamen Petty Officers from Leading Seamen; and Chief Petty Officers from Petty Officers.
33. The Commanding Officer shall be responsible for the best and fittest men being selected, and due consideration is to be given to the senior man qualified.
Instructors.
34. Gunnery and Torpedo Instructors must hold a rate not lower than Leading Seaman, and shall be selected by the Commanding Officer from those who have passed the necessary examinations.
Stokers, Leading Stokers, and Chief Leading Stokers.
35. Stokers between the ages of 19 and 30 years may be engaged on probation for six months, and, if found suitable in character and ability, they may, at the expiration of this time, be re-engaged and sworn in to complete three years from date of joining.
36. Promotion to the rates of Leading Stoker and Chief Leading Stoker shall be made by the Commandant or Commanding Officer on the recommendation of the Senior Engineer.
Engine-room Artificers.
37. Candidates for the rating of Engine-room Artificers must hold certificates showing that they have served for five years in an engine factory on the making and repairing of marine engines or boilers. They must be between the ages of 22 and 30, and produce satisfactory testimonials of previous service.
38. They shall be engaged as Acting Artificers for six months, at the expiration of which period they shall be required to pass an examination approved by the Naval Officer Commanding, and if successful, shall be confirmed as Engine-room Artificers, and sworn in to complete three years from date of joining.
Concealment Of Disease And Producing False Papers.
39. Any member who is discovered to have been, at the time of engagement, suffering from disease, or to have sustained injury which incapacitates him from duty, and who has concealed such disease or injury, or who is discovered to have made any false representations, or have produced any false papers on the occasion of engagement, may be summarily dismissed by the Governor-General, and will be liable to forfeit all claims to pay or other advantages of the service.
SECTION III.—RETIREMENTS AND RESIGNATIONS.
Officers.
40. Captains shall retire at the age of 60.
Commanders shall retire at the age of 55.
Lieutenants shall retire at the age of 50.
Staff and Chief Engineers shall retire at the age of 55.
Engineers shall retire at the age of 55.
Paymasters shall retire at the age of 60.
Warrant Officers shall retire at the age of 55.
But the Governor-General may, nevertheless, on the recommendation of the Naval Officer Commanding, require any officer who would otherwise so retire, notwithstanding his age, to continue to perform his duty for a period not exceeding two years.
Unattached and Retired List.
41. Any officer applying may be placed on the Unattached List. Officers on the Unattached List shall not, unless special authority is given, receive any pay. The services of Unattached Officers shall at all times be at the disposal of the Commandants.
Unattached Officers, other than those on Staff employ, shall not perform any duty unless ordered to do so by the Commandant.
All officers on the Unattached or Retired Lists shall report themselves in writing once a year to the Commandant in the State in which they reside. Failing this their names shall be removed from the Forces List.
42. The Governor-General may, on the recommendation of the Naval Officer Commanding, cancel the resignation of any officer who has been employed in the Forces since the commencement of the Act, and may place him on the Unattached List or the Retired List.
Honorary Rank.
43. Officers not under the rank of Lieutenant, after ten years' commissioned service in the Naval Forces, may be allowed to retire, with permission to retain their rank and wear their uniform, and may, on the recommendation of the Officer Commanding Naval Forces, be accorded a step of honorary rank.
44. Chief Warrant Officers who have served not less than ten years in such rank may be granted, on the recommendation of the Naval Officer Commanding, the honorary rank of Lieutenant on retirement.
SECTION IV.—DISCHARGES, RETIREMENTS, AND DISMISSALS. Petty Officers, Seamen, and Others.
45. Petty Officers, Seamen, and others below the rank of Warrant Officer, shall be permitted, subject to the approval of the Commandant, to purchase their discharge on the following terms :—
(a) With less than two years' service................................
£10
(b) Over two, and under three years' service...........................
£5
But such payments may be waived by the Minister on the recommendation of the Commandant.
46. A Commandant may discharge any Petty Officer or member below the rank of Petty Officer for unfitness, negligence, or misconduct, independently of any other punishment to which he may by law be subject, but the member before being so discharged shall be notified in writing of the charge against him, and shall be given an opportunity of showing cause against it.
47. The Governor-General may dismiss any Petty Officer or other person below the rank of Petty Officer for misconduct. All dismissals shall be notified in the Gazette.
48. Any man dismissed from the service shall forfeit to the Government the amount he would have to pay if purchasing his discharge on the day of the misconduct for whch he was dismissed; but the Minister shall have power, if he sees fit, to remit a portion of the same.
Retirement for All.
49. Chief Petty Officers, and members below the rank of Warrant Officer, shall be discharged on reaching the ages mentioned below, viz. :—
Chief Petty Officers and Petty Officers..............................
55 years.
All other ratings.............................................
50 years.
Should, however, it be considered by a Commandant necessary in the interests of the Force to retain the services of any member who would be otherwise discharged, he may recommend to the Naval Officer Commanding, for the approval of the Minister, that the said member be, notwithstanding his age, retained.
All such recommendations are to be accompanied by a report as to medical fitness; and no extension will be granted for a longer period than one year at a time.
SECTION V.—INTERIOR ECONOMY.
Offences—Punishments.
50. The Officer Commanding any ship or corps of the Naval Forces may summarily reduce in rank any Petty Officer for misconduct or inefficiency; but the Petty Officer so disrated shall be notified in writing of the charge against him, and shall be given an opportunity of showing cause against it, when he may be heard in his defence, together with any witnesses whom he may call on his behalf.
51. Commandants may punish members of the Naval Forces in respect of the following offences by punishments, according to the following scale :—
Offences.
Punishments
(1) Disobedience of orders.........................(2) Disrespect.................................(3) Drunkenness................................(4) Smuggling liquor into ship or boat or naval premises or place of duty on shore(5) Quitting ship, boat, working party, or other duty, or being absent without leave under any other circumstances
Fine not exceeding £5, and also forfeiture of fourteen days' pay, or stoppage of leave
(6) Breaking leave..............................
(6) Fine, one day's pay for every twelve hours' absence after the expiration of his leave, but not to exceed fourteen days' pay together with the stoppage of pay for all time of improper absence over twelve hours, and also stoppage of leave
(7) Wilfully or by neglect losing or damaging any Government property
(7) Fine not to exceed £2, and in addition he may be charged with the cost of property destroyed
(8) Neglect of duty..............................
(8) Fine not to exceed £1, with or without stoppage of leave
(9) Any act, conduct, disorder, or neglect to the prejudice of good order and Naval discipline, not specified in the foregoing
(9) Fine not to exceed £5, with or without stoppage of leave or reprimand
In the Regulations stoppage of leave means confinement in barracks or on board ship, for a period not exceeding 21 days, of which seven days may be imprisonment.
Reprimand by the Commanding Officer is confined to Petty Officers and Leading Seamen, and may be recorded or not.
Minor Offences.
Punishments.
(10) Talking or inattention at drill...................
(10) A fine of 2s. 6d., or extra drill not to exceed two hours a day for seven days
(12) Neglect to notify change of address within seven days..
(12) Fine 2s. 6d.
52. The Officer Commanding any ship or corps may, if thereto authorized in writing by the Commandant, punish members of the Naval Forces according to the above scale, but so that a fine imposed shall not exceed 5s., and stoppage of leave shall not exceed fourteen days.
53. No member of the Naval Forces shall receive any pay or allowances whilst under any charge of which he is afterwards convicted by any court, or while under sentence of imprisonment by any court, or during absence from duty without leave.
Change of Residence.
54. Every officer and man shall give immediate notice to his Commanding Officer of any change of residence, or of the place to which letters and notices are to be addressed.
Leave of Absence.
55. A Commandant may, at such times as he deems convenient, grant to any person regularly employed leave of absence for any periods not exceeding in the whole three weeks in each year ; and also one day's leave of absence for each public holiday on which such person has been on duty, provided that leave is not granted for more than five public holidays in each year, which shall be New Year's Day, Good Friday, Easter Monday, Christmas Day, and the day following.
Subject to the requirements of the Service, Commandants shall make such arrangements as will allow each officer and man under their command leave of absence annually according to the foregoing Regulations, but if it is found impracticable to grant such leave in any year, or for any other sufficient reason, Commandants may permit the leave to be taken in the following year in addition to the leave for such year, provided that in other cases leave not taken during the year it accrues shall lapse.
Sick Leave.
56. In cases of illness or of pressing necessity, the Minister, on the recommendation of a Commandant, may grant extended leave of absence to any person in accordance with the scale laid down in the Regulations for the Public Service.
57. Any person remaining on shore without leave, owing to illness, shall without delay send notice to his Commanding Officer, who shall cause inquiry to be made into his case. Persons failing to comply with this Regulation shall be liable to the penalties for absence without leave.
Illness from Indiscretion or Misconduct.
58. All persons serving in the Permanent Naval Forces, when under medical treatment for disease resulting from their own indiscretion or misconduct, shall be mulcted of one-half of their daily pay during the time they are off duty ; and the medical officer shall furnish a certificate to the Commanding Officer of such persons who are under treatment from the effect, in his opinion, of such indiscretion or misconduct; and such certificate shall be the authority for the Commanding Officer for placing such persons under stoppage. Half-pay, however, will not be granted for a longer period of absence from duty than 28 days, after which all persons suffering from such diseases shall be placed under stoppage of the whole of their pay.
59. Concealment of a contagious disease, such as small-pox, measles, scarlet fever, diphtheria, typhoid fever, &c., and also of any venereal disease, from the knowledge of the Medical Officer (or, in his absence, of the Commanding Officer), or the employment of unauthorized medical advice and treatment, will be considered as an offence against the Regulations, and any person in the Permanent Naval Forces who is guilty of such offence shall be placed under stoppage of the whole of his pay during such period as he may be under medical treatment and absent from duty.
Desertion.
60. If any person belonging to the Permanent Naval Forces absents himself without leave, he shall be checked in the books the day following his absence; and, at the expiration of seven days, if he has not returned, shall be deemed to have deserted, and shall be liable to the penalties for desertion.
SECTION VI.—UNIFORMS.
6oa. Officers and men shall wear the uniform prescribed in the King's Regulations for officers and men of the Royal Navy (as set forth in the Dress Regulations of January, 1904, for officers of H.M. Navy), with the following modifications :—
(a) In the Executive Branch, instead of the loop worn on the upper stripe, a triangle is to be substituted, of ¾-inch inside diameter.
(b) Chief Warrant Officers to wear ½-inch lace, with same device.
(c) First-class Warrant Officers to wear ¼-inch lace, with same device.
(d) Second-class Warrant Officers the same as first-class, but with buttons on the sleeves of coat instead of lace.
60b. In the Civil Branches, the uniform is to be the same as in the Royal Navy, excepting that all officers in the Civil Branches will wear a gold star, of the same dimensions as that worn on the epaulettes, on the centre of the cuff, one inch above the distinguishing stripe or stripes.
60c Petty officers, men, and boys, same as in the Royal Navy, except that when detailed for duty on any ship of the Naval Force shall wear cap ribbons with H.M.A.S. preceding the name of such ship. (See Table I.)
61. Boys on first joining the Permanent Force will be provided with clothing as follows :—
1 blue serge suit.
1 white duck suit.
2 flannels.
1 silk handkerchief.
1 cap and cover.
After completing two months' service to the satisfaction of the Commanding Officer, boys will be provided with clothing necessary to complete their kit, as prescribed.
Servants, cooks, and stewards—
Jacket : Blue cloth; brass buttons, six in number; crown and anchor.
Waistcoat : Blue cloth, five brass buttons.
Trousers : Blue cloth.
Cap : Blue cloth with peak, and two brass buttons for chin-strap.
They may be permitted to wear also a serge suit, with tunic and brass buttons.
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PART III.—NAVAL MILITIA AND VOLUNTEERS.
SECTION I.—ENTRIES, COMMISSIONS, AND PROMOTION OF OFFICERS.
62. The Minister may, on the recommendation of the Naval Officer Commanding, and subject to qualifications and conditions hereinafter provided, rcommend to the Governor-General suitable candidates for appointment as Commissioned Officers to the Naval Militia and Volunteers. All candidates must pass such medical examination as may be directed. For the rank of Sub-Lieutenant candidates must be between the ages of 19 and 45, and hold one of the following commissions or certificates :—
(a) Commission of Lieutenant or Sub-Lieutenant, R.N.
(b) Commission of Lieutenant or Sub-Lieutenant, R.N.R.
(c) Master's or Mate's certificate of the Mercantile Marine, or certificates in Navigation or Seamanship similar to those granted to yacht-owners.
Preference will be given to candidates holding R.N. or foreign Masters' certificates in the Mercantile Marine.
63. For the rank of Lieutenant : Promotion to fill vacancies in the rank of Lieutenant shall be made on the recommendation of the Naval Officer Commanding from such Sub-Lieutenants as have qualified by passing the examination for Lieutenant, but Sub-Lieutenants shall not be eligible for promotion to Lieutenant unless they have completed one year's service from date of confirmation.
Medical Officers.
64. Medical Officers, duly qualified as such, may be appointed surgeons on the recommendation of the Naval Officer Commanding.
Engineers.
65. Candidates for appointment as Engineers must produce satisfactory testimonials of previous service, and be between the ages of 25 and 40.
Paymasters.
66. Candidates for appointment as Assistant Paymasters, or Paymasters, must produce satisfactory testimonials of service and qualifications, and may be appointed on the recommendation of the Naval Officer Commanding.
Warrant Officers.
67. Warrant Officers shall be selected from petty officers who have qualified for the duties of Instructor and have passed the necessary examinations for the rank of Warrant Officer, and who are specially recommended for advancement.
Instructors.
68. Officers for appointment as Instructors in the Naval Militia and Volunteers are to be selected by the Commandants from amongst those in the Permanent Naval Forces and Naval Militia for their ability as Instructors and general efficiency, apart from their seniority as Warrant Officers.
Engine-room Artificers.
69. Engine-room Artificers must possess the same qualification as required for this rating in the Permanent Naval Forces. On first entry, they must be between 22 and 40 years of age, and they shall not be re-engaged after having attained the age of 47.
SECTION II.—ENTRY AND PROMOTION OF SEAMEN, STOKERS, AND BOYS.
70. The engagement of seamen, stokers, and boys shall be for a period of three years, after having first served for three months on probation.
Every person so engaged shall take and subscribe before a Justice of the Peace or before any commissioned officer the oath prescribed in the Act.
71. No person shall be engaged unless he be a British subject, and between the ages of 15 and 35 years ; but persons who have previously served in the Imperial Regular or Auxiliary Naval Forces, or in any Colonial Naval Force, may be enrolled if under the age of 40 years.
72. Every applicant for engagement shall be subject to such medical examination as may be directed in general order, and must produce certificates of good character, or must otherwise satisfy the Commanding Officer that his character and conduct have been good.
73. The standard height and chest measurement shall be as prescribed for the Permanent Naval Forces.
Stokers.
74. Men entered for the rating of Stoker must satisfy the Senior Engineer of the State division of the Permanent Naval Forces as to their fitness for the work required of them, and be under 40 years of age.
Petty Officers.
75. Petty Officers shall be selected from such Able Seamen as have passed the examination laid down for Seamen, Gunners, or Torpedo men, and are considered eligible for appointment by the Commanding Officer.
76. When additional Petty Officers are required, Leading Seamen may be appointed to act as Petty Officers, who, if they prove themselves efficient, shall be promoted as vacancies occur.
Seamen of the Naval Militia and Volunteers may be rated as Seamen Gunners on passing the examination as prescribed.
78. Seamen of the Naval Militia and Volunteers may be rated as Torpedo men on passing the examination as prescribed.
Seamen Gunners and Torpedo Men.
79. Men who pass for Seamen Gunners shall be entitled to wear the badge as hereinafter prescribed, and shall be qualified to take any position at the guns and carry out the same duties as Seamen Gunners of the Permanent Force.
80. Men who qualify as Seamen Torpedo men shall also be entitled to wear badges and be eligible to take any torpedo number in the boats.
81. The badge for Seamen Gunner in the Naval Militia and Volunteers shall be similar to that for seamen gunner torpedo man, but without the torpedo.
82. The badge for Seaman Torpedo-man in the Naval Militia and Volunteers shall be similar to that for seaman gunner torpedo-man, without the gun.
SECTION III.—RETIREMENT OF OFFICERS.
83. The age and conditions of retirement to be the same as laid down for the Permanent Naval Forces.
84. Any Officer who does not attend more than three-fourths of the annual drills shall not be allowed to retain his Commission or Warrant unless it be represented by the Commandant that there are special reasons for a relaxation of this Regulation.
SECTION IV.—DISCHARGES.
85. The age and conditions of retirement are to be the same as prescribed for the Permanent Naval Forces, but the Commandant may discharge any members, other than Officers, on their attaining the age of 50 years.
86. Any sailor may, except in time of war, resign from the Militia or Volunteer Forces on giving three months' notice in writing to his Commanding Officer of his intention to claim his discharge, and by paying the following sums :—
(a) Militia Forces—
£2 if the resignation is during first year of service.
£1 if the resignation is during second year of service.
10s. if the resignation is during third year of service.
(b) Volunteer Forces—
£1 if the resignation is during first year of service.
10s. if the resignation is during second year of service.
The Minister may, on the recommendation of the Commandant, waive the above payments.
87. Any member absent without leave for a period of two months shall be discharged, unless in the opinion of the Commandant there are extenuating circumstances.
88. The Commandant may discharge any Petty Officer or member below the rank of Petty Officer for unfitness, negligence, or misconduct, independently of any other punishment to which he may by law be subject, but the member before being so discharged shall be notified, in writing, of the charge against him, and shall be given an opportunity of showing cause against it, when he may be heard in his defence, together with any witnesses whom he may call on his behalf.
89. On the discharge of any man from the Naval Militia or Volunteers his defaulter-sheet must be filed for reference, and on the application— written or personal—of any one who has been discharged, a printed certificate of character shall be made in accordance with such sheet, signed by the Commandant, or such Officer as he shall depute, and furnished to him, but no other certificates of service shall be given.
SECTION V.—DRILLS AND RETAINERS.
90. All Commissioned, Warrant, or Petty Officers, Seamen, Stokers, or boys engaged under the provisions of the Act shall up to the 30th day of June, 1904, continue subject to the regulations for drills, pay, retainers, and allowances existing in the several States prior to 1st January, 1904.
SECTION VI.—INTERIOR ECONOMY.
Regulations of Permanent Naval Forces Apply.
91. Subject to these Regulations, no restriction is laid on the occupation of a member whilst belonging to the Naval Militia or Volunteers, provided that he complies with the conditions herein prescribed.
92. Every member shall give immediate notice to his Commanding Officer of any change of residence, or of the place to which letters and notices are to be addressed to him.
93. In the event of the Naval Militia and Volunteers being called out by proclamation, every member is bound to serve in any ship belonging to or employed by the Commonwealth Government or in His Majesty's Navy, or on shore, under penalty of being treated as a deserter.
94. Any member who is discovered to have been, at the time of engagement, suffering from disease, or to have sustained injury, which incapacitates him for duty, and who has concealed such disease or injury, or who is discovered to have made any false representation, or to have produced any false papers on the occasion of engagement, may be summarily dismissed by the Governor-General, and shall be liable to forfeit all claim to pay or other advantages of the service.
95. Any member of the Naval Militia or Volunteers who violates or neglects to observe any command or injunction contained in the foregoing rules and regulations shall be guilty of an offence against discipline.
96. All rules and regulations for the discipline and internal economy of the Permanent Naval Forces shall be applicable to the members of the Naval Militia and Volunteers when serving or drilling ashore or afloat in the armed ships of the Commonwealth Naval Forces or in ships attached thereto.
Provided that in the application of the provisions of Regulation 51, relative to punishment, reduction in rank, discharge or dismissal, shall be substituted for forfeiture of pay and for stoppage of leave.
SECTION VII.—UNIFORM.
96A. Officers shall wear full dress and undress uniform of similar description and pattern in every particular to that prescribed for the Permanent Force. Officers are not obliged to provide themselves with full dress. No. 3 dress may be worn by such officers in lieu of No. 1, on occasions when otherwise No. 1 would be ordered.
96B. Petty officers and seamen shall wear the same uniform as worn in the Permanent Force, except that the cap ribbons shall have H.M.C. Naval Forces inscribed thereon.
96C. Warrant officers having over five years' service shall wear ¼-inch lace on the sleeve. Warrant officers having less than five years' service shall wear buttons on the sleeve.
96D. If any petty officer or man leaves or is dismissed from the Force before the expiration of his three years' engagement, he is to return all uniform. In the event of such uniform being detained by any petty officer or man, after notice to return same has been given by the proper authority, the Commanding Officer may proceed against such petty officer, or man, as prescribed.
96E. If any uniform is destroyed on duty, or by fair wear and tear on active service, the Commandant may, after receiving a report to that effect from the Commanding Officer, order the same to be renewed.
96F. If uniform is destroyed or damaged through the wearer's neglect, the Commandant may, after receiving a report to that effect, order the same to be repaired, cleaned, or replaced at the wearer's expense.
96G Members of the Naval Militia or Volunteers must appear in authorized uniform or in purely civilian dress.
96H. Members of the Naval Militia or Volunteers shall only wear their uniform when on duty, or with the permission of their Commanding Officer.
96I. Only petty officers and men of the Naval Militia or Volunteers will be supplied with uniform, which must be kept in good condition, fair wear and tear excepted. The uniform shall be and shall remain the property of the Government for a period of three years within the meaning of the Regulations, that is to say, until such member shall have completed a course of training in each financial year for three years.
96J. Petty officers and men of the Naval Militia or Volunteers will be provided with uniform clothing as per Table II.
TABLE II.
Dress for Petty Officers and Men of the Naval Militia and Volunteers.
2 blue serge suits (jumper and trousers).
1 duck suit (jumper and trousers).
2 flannels.
1 silk handkerchief.
1 collar.
1 cap and cover.
1 hat.
2 ribbons.
1 knife lanyard.
1 guernsey may be provided in lieu of one serge jumper.
Note.—The issue of clothing during the three years' engagement shall be as the Commandant may direct.
PART IV.—DISCIPLINE.
DISCIPLINE, NAVAL FORCES.
Offences, Complaints, and Redress.
97. If any officer of the Naval Forces is guilty of improper conduct, or of any civil offence bringing discredit on the service or is negligent in the performance of his duties, the Governor-General may cancel his commission, but before such cancellation the officer shall be notified, in writing, of the complaint or charge against him, and shall be called upon to show cause in relation thereto.
98. The commission of any officer absent without leave for a period of three months or upwards may, on the recommendation of the Naval Officer Commanding, be cancelled by the Governor-General.
99. Disrating for incompetency is not to be considered a punishment.
100. If an officer thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, he may complain through the Commandant to the Naval Officer Commanding, who is hereby required to examine into such complaint, and make his report to the Minister.
101. If any sailor have cause to think himself aggrieved, he may represent his case to his Commanding Officer. Any appeal against the decision of the Commanding Officer will be made to the Commandant, and any further appeal through the Commandant to the Minister.
102. The use of outside influence to support applications for personal advantages or to represent complaints is contrary to discipline, and the only proper course is to apply through the recognised official channel. Any attempt to obtain favorable consideration to requests or grievances by other means will prejudice the application, and will be severely dealt with.
Attempts to obtain favorable consideration for such applications by the use of outside influence will be regarded as an admission on the part of the applicant that his case is not sufficiently good upon its own merits.
103. The Militia and Volunteer Forces being composed of officers and men who devote only a portion of their time to naval drill and training, it is necessary that officers should maintain at all times that courtesy towards each other which is calculated to perpetuate friendly and social relations between them, and create an "esprit de corps." An Officer not in uniform should not comport himself, as regards the affairs of his corps and his intercourse with officers, in any manner different from what he would if he and they were in uniform. If officers act in any other way as private citizens, in respect to their immediate naval responsibility, discipline cannot be maintained in a satisfactory manner, and the harmonious working of the machinery necessary to keep the organization of a corps in an efficient condition will be endangered.
104. All officers are at all times responsible for the maintenance of good order and the rules and discipline of the service ; they are to afford the utmost aid and support to the Commanding Officer. It is their duty to notice, repress, and instantly report, any negligence or impropriety of conduct in petty officers and men, whether on duty or off duty.
105. Deliberations or discussions by officers or sailors with the object of conveying praise, censure, or any mark of approbation towards their superiors or any others in the Naval Forces are prohibited. The publication of laudatory orders on officers relinquishing an appointment is forbidden. Commanding Officers are to refuse to allow subscriptions for testimonials in any shape to superiors on quitting the service or on being removed from their ship or corps. Every officer will be held responsible should he allow himself to be complimented by officers or sailors who are serving, or who have served, under his command by means of presents of plate, swords, &c., or by any collective expression of their opinion.
106. Every officer whose character or conduct as an officer and gentleman has been impugned, must submit the case within a reasonable time to his Commanding Officer, or other competent naval authority, for investigation. Pending the investigation an officer may be suspended from duty, in which case he will be placed under the same restrictions as an officer in open arrest.
107. If any officer by bankruptcy, liquidation, composition, or other like legal proceeding, finds himself unable to meet his engagements, he should at once notify the fact to the Commandant. The latter will then at once ascertain and report the circumstances of the case for the information of the Naval Officer Commanding, who, in concurrence with the Minister, will investigate each case, and decide whether the officer can be permitted to hold his commission.
108. No officer or sailor of the Permanent Forces, except on the recommendation of the Minister, after report from the Naval Officer Commanding, in the case of an officer, and from the Commandant in case of a petty officer or seaman, and with the express permission of the Governor-General, shall—
(a) Accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation ; or
(b) Accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual ; or
(c) Engage in or undertake any such business whether as principal or agent ; or
(d) Engage or continue in the private practice of any profession ; or
(e) Accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth.
Provided that nothing herein contained shall be deemed to prevent an officer or sailor from becoming a member or shareholder only of an incorporated company or of any company or society of persons registered under any Act in any State or elsewhere.
109. Members of the Naval Forces are forbidden when in uniform or on duty to institute or attend any meeting, demonstration, or procession for any religious or political purpose.
This Regulation applies to bands of corps.
This Regulation does not apply to—
(a) Attendance at church or funeral services ; or to
(b) Attendance at charity gatherings, for which authority has been duly obtained from the Commanding Officer.
110. Members of the Naval Forces are forbidden to publish or communicate to the press any information, without special authority, either directly or indirectly. They will be held responsible for all statements contained in communications to their friends which may subsequently be published in the press.
111. They are not to attempt to prejudge questions under investigation by the publication, anonymously or otherwise, of their opinions, and they are not to attempt to raise a discussion in public about orders, regulations, or instructions issued by their superiors.
112. Commanding Officers shall be responsible that those under their command have opportunities of making themselves acquainted with the Defence Act and the Regulations under which they serve.
Arrest.
113. Any member who behaves with violence on board a ship, or uses mutinous or abusive language, may be placed in irons, handcuffed, or locked in a cell.
114. Any member may, for any offence against good order and discipline, be placed under arrest by his superior officer.
115. If any member, while under arms or on duty with the Force to which he belongs or any portion of the Force, or while engaged in any Naval exercise or drill, either in uniform or plain clothes, or while going to or returning from any place of exercise or assembly, disobeys any lawful order of the Officer under whose command he then is, or is guilty of misconduct, any superior officer may order the offender, if an officer, into arrest, and if not an officer, into the custody of any Petty Officer or seaman; but, so that the offender be not kept in such custody longer than during the time such portion of the Force as aforesaid remains under arms or on duty. After which his case will either be disposed of by the Commanding Officer on the spot, or he will be suspended from duty, and reported to higher authority.
116. Duty with any portion of the Force is held to mean not only presence under arms at drill, but the performance of all duties of a Naval nature in or out of uniform.
117. Arrest shall signify suspension from all duty until the case has been investigated and dealt with by the Commandant; but if any emergency of the service should render it requisite that the person under arrest should be released without the charge against him being withdrawn, the Commanding Officer may give orders to that effect, and the person shall return to his duty accordingly, without prejudice to his future trial or the inquiry into the charge on which he was placed under arrest.
Courts.
118. Any member of the Naval Forces will be subject to be brought before the Court therein provided for, if charged with any of the following offences :—
(1) Loses, hazards, or strands any ship.
(2) Causes or conspires with any other person to cause mutiny or sedition.
(3) Is disrespectful to superior officers.
(4) Uses violence to superiors.
(5) Disobeys orders.
(6) Is absent without leave.
(7) Deserts.
(8) Is guilty of fraudulent enlistment or enrolment.
(9) Is guilty of theft.
(10) Makes away with or is concerned in making away with (whether by pawning, selling, destruction, or otherwise howsoever) his arms, ammunition, equipment, instruments, clothing, or any Government property in his charge, or any property of officers or the members of the Force.
(11) Loses by neglect any of the above-named articles.
(12) In any report, return, muster roll, pay list, certificate, book, route, or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy—
(a) Knowingly makes or is privy to the making of any false or fraudulent statement ; or
(b) Knowingly makes or is privy to the making of any omission with intent to defraud.
(13) Loses by neglect any public money intrusted to his charge.
(14) Being an officer, behaves in a scandalous manner unbecoming the character of an officer and a gentleman.
(15) Neglects his duty.
(16) Sleeps on his post.
(17) Is guilty of drunkenness.
(18) Breaks arrest.
(19) Malingers.
(20) Commits any disgraceful conduct.
(21) Violates or neglects to obey any command or injunction contained in the Rules and Regulations made under the Act.
(22) Is guilty of any act, conduct, or neglect to the prejudice of good order and Naval discipline, though not specified in the foregoing cases.
And shall be liable—
(a) To be dismissed or discharged.
(b) If an officer, to forfeit seniority.
(c) If a Petty Officer to be disrated.
(d) To imprisonment not exceeding three months, with or without hard labour.
(e) To a fine not exceeding twenty pounds.
(f) To be reprimanded or censured.
PART V.—RANK AND COMMAND.
119. The Officers of the Permanent Naval Forces shall be divided into two branches, viz., a Military and a Civil Branch. The Military Branch, comprised of the undermentioned officers, shall rank in the following order :—
Naval Officer Commanding.
Commandants.
Captains.
Commanders.
Lieutenant-Commanders.
Lieutenants.
Sub-Lieutenants.
Chief Gunner,
Chief Torpedo Gunner, According to date of Commission.
Chief Boatswain,
Boatswain
Gunner According to date of Warrant.
120. The relative rank of Officers of the Naval Forces shall be as laid down in the King's Regulations and Admiralty Instructions.
OFFICERS OF THE CIVIL BRANCH.
121. Notwithstanding the relative rank and authority conferred by these Regulations on officers of the Civil Branch, they shall in all such matters and details as relate to the service on which they are employed, the duties of the Fleet, and to the discipline and interior economy of ships, be subject to the authority of the officers of the Military Branch ; and in no case shall they be deemed to be superior in rank, or take precedence to the officer appointed to command the ship or establishment in which they are employed, or the officer or other person on whom the command of such ship or establishment properly devolves in the absence of the officer appointed to the command thereof.
122. Officers of the Civil Branch are not to assume any Military command whatever, either afloat or on shore, but under the Captain or other superior officer they shall have all necessary authority within their own departments, and according to their relative rank, for the due performance of their respective duties, and they are to be obeyed accordingly by their subordinates.
COMMAND AND RANK.
123. All commands shall belong to the senior officer of the military branch present on duty, and subject to the order of command laid down in Article 135, Chapter III., of the King's Regulations and Admiralty Instructions.
124. No Officer of the Naval Militia or Volunteers shall have Naval Command afloat, unless duly qualified under the Regulations of the Royal Navy or Mercantile Marine.
125. The seniority of officers in the Reserve Forces in their respective ranks shall be regulated by the date of their commissions, and when commissions are of the same date by their previous commissions; or in the case of first commissions by the order in which the names appear in the Gazette, or in the Government Gazette of a State, or of a colony which has become a State, in which their appointments are notified. Officers of the Reserve shall rank junior in their respective ranks to officers of the Active Force.
SHIP'S COMPANY.
126. Petty Officers, Seamen, and others shall rank and command as laid down in the King's Regulations.
PART VI.
MEDALS FOR " CONSPICUOUS GALLANTRY " AND " LONG SERVICE AND GOOD CONDUCT " FOR THE PERMANENT NAVAL FORCES OF THE COMMONWEALTH OF AUSTRALIA.
(a) FOR CONSPICUOUS GALLANTRY.
127. A silver medal, having on the obverse the Royal effigy, and on the reverse the words " For Conspicuous Gallantry," and on the rim the sailor's name, rating, and E.R., may be granted to a Petty Officer and Seaman of the Permanant Naval Forces if specially recommended by the Naval Officer Commanding through the Minister to the Governor-General.
Before getting this medal the Admiralty shall adjudicate upon the application.
In the case where a petty officer or seaman already in possession of a medal for Conspicuous Gallantry is recommended on account of further distinguished conduct, a bar shall be added to the medal.
As these rewards are intended for such men only as shall have rendered themselves individually conspicuous by some special act of pre-eminent gallantry in action with the enemy, great care is to be taken that the cases recommended come strictly within the spirit of this regulation, and that each case be accompanied by a full statement of the grounds on which the claim to distinction is founded.
(b) FOR LONG SERVICE AND GOOD CONDUCT.
128. A silver medal, bearing on the obverse the Royal effigy, and on the reverse the words " For Long Service and Good Conduct," and on the rim the sailor's name, rating, and E.R., shall be awarded to a Petty Officer or man of the Permanent Naval Forces, on the recommendation of the Naval Officer Commanding through the Minister to the Governor General.
To entitle a Petty Officer or man to this medal—
(a) He must have served for fifteen years with continuous very good character, and must have been recommended for three consecutive years prior to the award, and also must never previously have been awarded a character below or equivalent to good, unless for a period not exceeding one year in his first live years of service.
(b) A break in the service not due to desertion, dismissal, imprisonment, or misconduct on the man's part will not be considered as breaking the continuity of his very good character, or of recommendation for the medal, provided he rejoins within five years.
(c) Desertion, reduction to good, or the award of character less than good during any portion of the time which reckons for the medal, shall render a man absolutely ineligible for the medal except under clauses (d), (e), (f), and (g).
(d) Imprisonment by the civil power shall not prejudice a man's claim to the medal, unless it shall be so decided by the Minister on the recommendation of the Naval Officer Commanding.
(e) In order not entirely to exclude from the honour of a medal, a man who may have committed himself in the early years of his service, but who may have since become a very good character, the Minister, on the recommendation of the Naval Officer Commanding, will consider the case of any man who can show eighteen years of continuous very good character, notwithstanding anything he may have done, or any character which may have been awarded to him, except bad or indifferent, in his previous service.
(/) The Minister, on the recommendation of the Naval Officer Commanding, may also consider the case of any man who would be excluded under the foregoing regulations, but who may be specially recommended on account of his having shown highly exemplary conduct in action or otherwise.
(g) Should a man's conduct not have been satisfactory pending the presentation of the medal, it is to be withheld, and the particulars of the case reported to the Minister.
APPLICATION FOR MEDALS.
129 Names of men recommended for the medal for conspicuous gallantry are to be transmitted to the Minister through the Naval Officer Commanding, and the recommendation will be accompanied by descriptive return, record of service, and of the wounds, and distinction of the petty officer and men recommended.
Recommendations for the Long Service and Good Conduct Medal are to be forwarded through the Naval Officer Commanding as candidates become eligible. They will be accompanied by the man's defaulter's sheet, certified extracts showing the charge, finding, and sentence of any court-martial by which he has been tried, and copies of any conviction by the civil power.
The medal will be presented to the sailor by his Commanding Officer before the entire ship's company, and is to be worn by him as an honorable testimonial of his Sovereign's appreciation of his conduct.
Good conduct medals, which may not have been received by a sailor before his discharge, will be forwarded to him.
Letters containing medals, when forwarded through the post, are to be registered.
LOST MEDALS.
130. When a medal is lost, a board of inquiry will sit upon and record the cause of the loss. If the loss is accidental, the loser may be recommended by the board to be supplied with a new medal at once, either at his own expense or that of the public, according to the circumstances of the case. In order to justify the replacement of a medal at the public expense, the loss must be proved to have occurred on duty by some accident absolutely beyond the control of the loser.
In such a case as a medal being lost through carelessness, the loser must pay for it himself. If the loss be proved to have occurred from carelessness or neglect, the loser may, after being two years clear of the defaulters' sheet, be recommended by a board to be provided with a new medal at his own expense.
FORFEITURE AND RESTORATION OF MEDALS.
131. Every sailor who is found guilty by a court-martial of desertion or fraudulent enlistment, and who is sentenced by a court-martial to penal servitude, or to be discharged with ignominy, shall forfeit all medals and decorations awarded under the regulations of which he may be in possession, or to which he may be entitled.
Every sailor who—
(a) Is liable to trial on confession of desertion or fraudulent enlistment, but whose trial has been dispensed with ;
(b) Is discharged in consequence of incorrigible and worthless character, or expressly on account of misconduct, or on conviction by the civil power, or on being sentenced to penal servitude, or for giving a false answer on attestation;
(c) Is sentenced by a civil court to a punishment exceeding six months' imprisonment, shall forfeit all medals awarded under the regulations, together with the gratuity (if any) thereto appertaining.
Any court-martial may, in addition to or without any other punishment, sentence any offender to forfeit any medal or decoration awarded under these regulations.
By Authority : Robt. S. Brain, Government Printer, Melbourne