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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out how the Royal Military College is run: who may apply and be selected, how cadets are enlisted and trained, what staff do, what pay and allowances apply, and the disciplinary and discharge rules.
They affect applicants, cadets, parents/guardians, instructional staff and Defence decision‑makers. Key decisions and discretionary powers lie with the Selection Board, the Military Board and the Commandant (regs 5, 8, 21, 31); the Commonwealth meets allowances but may charge cadet accounts (regs 46–49, 52); cadets face clear compliance duties and specified punishments (regs 36–39).
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Direct links to the current provisions in Royal Military College Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1939. No. 7.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1934.
Dated this day of, 1939.
Governor-General.
By His Excellency’s Command,
G. A. STREET
Minister of State for Defence.
––––––
ROYAL MILITARY COLLEGE REGULATIONS.
Part I.—Introductory.
Citation.
Repeal.
Parts.
Part I.—Introductory.
Part II.—Eligibility and selection of candidates.
Part III.—Admission of candidates.
Part IV.—Command, organization and establishment.
Part V.—Staff.
Part VI.—Course of instruction.
Part VII.—Expulsion, removal, resignation and discharge.
Part VIII.—Discipline.
Part IX.—Leave.
Part X.—Allowances and contributions.
Part XI.—Miscellaneous.
Definitions.
4.—(1.) In these Regulations unless the contrary intention appears—
“Cadet” means a member of the Corps of Staff Cadets;
“Commonwealth Cadet” means a Cadet who was a Commonwealth candidate;
“Commonwealth candidate” means a candidate for admission as a student who is a British subject permanently resident in Australia;
“Formation, &c., Commander” means commander of a cavalry division, or of an infantry division, or of a mixed brigade, or of the field troops in a military district, or District Base Commandant;
* Notified in the Commonwealth Gazette on , 1939.
7239.—30/5.1.1939.—Price 1s. 3d.
“Military Forces” means Military Forces of the Commonwealth;
“New Zealand Cadet” means a cadet who was a New Zealand candidate;
“New Zealand candidate” means a candidate for admission as a student who, being a British subject, is resident in the Dominion of New Zealand;
“non-commissioned officer” means a non-commissioned officer of the Corps of Staff Cadets and includes a lance non-commissioned officer but does not include a warrant officer;
“normal entry” means admission as a student of a Commonwealth candidate who is eligible for admission under sub-regulation (1.) of regulation 5 of these Regulations;
“service entry” means admission as a student of a Commonwealth candidate who is eligible for admission under sub-regulation (2.) of regulation 5 of these Regulations;
“special entry” means admission as a student of a Commonwealth candidate who is eligible for admission under sub-regulation (3.) of regulation 5 of these Regulations;
“student” means a student at the College;
“the Act” means the Defence Act 1903-1934, as amended from time to time;
“the College” means the Royal Military College established in pursuance of section 147 of the Act;
“the Commandant” means the Commandant of the College, and includes any officer for the time being performing the duties of the Commandant;
“the Instructional Staff” means the Instructional Staff of the College and includes military and civil members;
“the Military Board” means the Military Board constituted in pursuance of section 28 of the Act, or, if the Military Board is not in existence, the officer appointed to command the Military Forces in time of war;
“the Selection Board” means the Selection Board appointed in pursuance of sub-regulation (3.) of regulation 8 of these Regulations;
“under-officer” means a warrant officer who is appointed by the Commandant to be an under-officer;
“warrant-officer” means a warrant officer of the Corps of Staff Cadets.
Part II.—Eligibility and Selection of Candidates.
Conditions of eligibility (Commonwealth candidates).
5.—(1.) A Commonwealth candidate shall be eligible for admission as a student by way of normal entry, if—
(a) he is medically fit in accordance with such standard of medical fitness as is approved by the Military Board;
(b) he is unmarried;
(c) on the last Saturday in February in the year in which he joins the College, he is under the age of twenty years and over the age of sixteen years;
(d) he has passed the appropriate examination specified in the Second Schedule to these Regulations;
(e) he is recommended by the Selection Board in accordance with sub-regulation (6.) of regulation 8 of these Regulations and
(f) he is approved by the Minister.
(2.) A Commonwealth candidate shall be admitted as a student by way of service entry if—
(a) he is a member of the Defence Forces over the age of nineteen years;
(b) he has passed the examination specified in the Third Schedule to these Regulations; and
(c) he is approved by the Governor-General.
(3.) A Commonwealth candidate shall be eligible for admission as a student by way of special entry, if—
(a) he is medically fit in accordance with such standard of medical fitness as is approved by the Military Board;
(b) he is unmarried;
(c) on the first day of March in the year in which he joins the College, he is over the age of twenty years and under the age of twenty-five years;
(d) he possesses educational qualifications, as follows:—
(i) in the case of a candidate who is a member of the Military Forces, he has obtained at a Public Examination the Leaving Certificate (or equivalent educational qualification), including Algebra and Trigonometry and an honours pass in at least one other subject; or
(ii) in the case of a candidate who is not a member of the Military Forces, he has completed at least one year of a university course in Science or Arts, including Mathematics, or has graduated in an Engineering course at a University;
(e) he is recommended by the Military Board; and
(f) he is approved by the Minister:
Provided that the Minister may, in special circumstances, direct that a candidate over the age of twenty-five years shall be eligible for admission.
Method of application (Commonwealth candidates).
6.—(1.) Every application by a Commonwealth candidate for admission as a student shall be submitted on such form as is authorized by the Military Board.
(2.) A Commonwealth candidate for service entry shall submit his application for admission as a student to his commanding officer, who shall forward it, together with his recommendation and a confidential report on the candidate, to the District Base Commandant for transmission to the Selection Board.
Documents to be furnished by Commonwealth candidates.
7.—(1.) A Commonwealth candidate shall submit with his application for admission as a student—
(a) a copy of the entry of registration of his birth certified by the proper official, if reasonably procurable, or, if not reasonably procurable, such other evidence of his parentage and place and date of birth as the Selection Board, or, in the case of a candidate for admission by way of special entry, the Military Board, deems satisfactory; and
(b) if the candidate is under the age of twenty-one years, a request and undertaking in accordance with the form contained in the Fourth Schedule to these Regulations, signed by the parent or guardian of the candidate, or a statutory declaration of facts which prevent the submission of such a request and undertaking.
(2.) An application by a Commonwealth candidate under the age of twenty-one years which is not accompanied by the request and undertaking mentioned in sub-regulation (1.) of this regulation shall not be entertained unless the Minister dispenses with such request and undertaking.
(3.) In addition to the documents required by sub-regulation (1.) of this regulation—
(a) a Commonwealth candidate who belonged to a class of whom service was, or belongs to a class of whom service is, being demanded under Part XII. of the Defence Act, shall submit with his application for admission as a student a certificate by his Formation, &c., Commander that the candidate has rendered the service demanded of him or has been exempted therefrom; and
(b) a Commonwealth candidate who is an applicant for a vacancy reserved in accordance with sub-regulation (2.) of regulation 8 of these Regulations shall submit with his application for admission as a student a certificate that a parent of the applicant has been on such active service as is specified in that sub-regulation.
(4.) The certificate of the performance of active service required by sub-regulation (3.) of this regulation shall be signed by the parent by whom the active service was performed, if available, or if not available, by some person having knowledge of the fact, and should state the unit in which, and the place at which, and the time during which, the active service was performed, and should be accompanied by such corroborative documentary evidence as is available.
Selection of Commonwealth candidates.
8.—(1.) The number of vacancies for Commonwealth candidates for normal entry, service entry and special entry, respectively, shall be published annually in the Gazette.
(2.) One-fifth of the vacancies allotted annually for Commonwealth candidates for normal entry shall be reserved for the sons of persons who have been on active service abroad in the Royal Australian Navy, or in an expeditionary force raised by the Commonwealth:
Provided that—
(a) a candidate shall not be admitted unless he satisfies the requirements prescribed by sub-regulation (1.) of regulation 5 of these Regulations;
(b) if in any year the number of candidates who are eligible under this sub-regulation is less than the number of reserved vacancies, the reserved vacancies remaining unfilled shall be allotted to other qualified candidates; and
(c) where a candidate for a reserved vacancy under this sub-regulation is not selected for such a vacancy, he shall be eligible for selection for one of the other vacancies.
(3.) The Military Board shall appoint a Selection Board consisting of three officers which shall, except as provided in sub-regulation (5.) of this regulation, interview Commonwealth candidates who—
(a) in the case of candidates for normal entry, have been found medically fit in accordance with such standard as is approved by the Military Board and have either qualified at a prescribed examination or were candidates at or are candidates for the prescribed examination immediately preceding the next pending date of entry to the College; or
(b) in the case of candidates for service entry, have qualified at the examination specified in the Third Schedule to these Regulations.
(4.) The Selection Board shall sit at such places as are determined by the Military Board.
(5.) In the case of candidates for normal entry the Military Board may appoint a provisional committee in any State or Territory which is not included in the itinerary of the Selection Board for the purpose of interviewing candidates in that State or Territory and making a recommendation to the Military Board as to the suitability or otherwise of each candidate to appear before the Selection Board. The Military Board shall then determine whether or not the candidate shall be interviewed by the Selection Board.
(6.) The Selection Board shall present to the Chief of the General Staff for submission to the Minister the names of candidates for normal entry, arranged in order of merit, whom the Board recommends for admission as students. In determining the order of merit the Board shall take into consideration results obtained at prescribed examinations, records and certificates submitted by schoolmasters or by the candidates, and the personal qualities revealed at the interviews. Subject to the provisions of sub-regulations (1.) and (2.) of this regulation, the Minister may approve of the admission of the selected candidates.
(7.) The Selection Board shall present to the Chief of the General Staff the names of candidates for service entry, arranged in order of merit, together with a report in each case as to whether or not the Board recommends the candidate’s admission as a student. In determining the order of merit, the Board shall take into consideration the marks obtained by candidates at the prescribed examination, the confidential reports on the candidates by their commanding officers, records and certificates submitted by schoolmasters or by the candidates and the personal qualities of the candidates revealed at the interviews. The Chief of General Staff shall forward to the Minister, for submission to the Governor-General, the report and recommendations of the Board together with any remarks or recommendations he deems fit.
Notification in Gazette.
New Zealand candidates.
Part III.—Admission of Candidates.
Dates of examinations and admissions.
11.—(1.) An entrance examination for Commonwealth candidates for service entry shall be held in each year, and shall begin on the last Monday in September, unless otherwise notified in the Gazette. The syllabus of this examination shall be as set out in the Third Schedule to these Regulations.
(2.) Candidates for service entry who are selected for admission as students shall join at the beginning of the Autumn Term.
(3.) Candidates for normal entry who are selected for admission as students shall join on the first day of March: provided that when the first day of March is a Sunday they shall join on the last Saturday in February.
(4.) Candidates for special entry who are selected for admission as students shall join on such date as is approved by the Military Board.
Enlistment of Commonwealth candidates.
12.—(1.) A Commonwealth candidate selected for admission to the College shall, on presenting himself for admission, be enlisted in the Corps of Staff Cadets for—
(a) five years, in the case of a candidate for normal entry;
(b) four years, in the case of a candidate for service entry; or
(c) two years, in the case of a candidate for special entry,
Attestation.
and for that purpose he shall answer truly the questions on the Form of Attestation Paper set out in the Fifth Schedule to these Regulations, and shall sign a declaration in the form contained therein; the Commandant, or an officer thereunto authorized by him, shall then administer the oath, or, in appropriate circumstances, the affirmation in the form set out in the Sixth Schedule, and thereupon the candidate shall be enrolled in the Corps of Staff Cadets, and, having been so enrolled, shall be admitted to attend as a student.
(2.) A Commonwealth cadet shall not be permitted to remain at the College for a longer period than that for which he was enlisted.
Appointment on graduation.
New Zealand candidates.
Part IV.—Command, Organization, and Establishment.
Command.
15.—(1.) The Commandant, who shall be an officer of the Permanent Military Forces, shall be responsible to the Military Board for the command and administration of the College.
(2.) In the absence of the Commandant the senior combatant officer present shall perform the duties of the Commandant.
(3.) A civil member of the Instructional Staff shall not exercise any military command.
(4.) Units of the Military Forces m
This is an opening excerpt, not the complete document.