STATUTORY RULES.

1917. No. 203.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1915.

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 1903-1915, to come into operation as from the 1st July, 1917.

Dated this 22nd day of August, One thousand nine hundred and seventeen,

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Australian Junior Cadet Regulations 1917.

Repeal.

2. Part IV. of the Universal Training Regulations, now in force, is hereby repealed save as to any right, privilege, obligation, or liability acquired, accrued or incurred thereunder:—

Parts.

3. These Regulations are divided into parts as follows:—

Part I.—Preliminary.

Part II.—Inspection and Medical Examination.

Part III.—Training—Inspection—Delegation of Duties.

Division 1.—Training.

Division 2.—Inspection.

Division 3.—Delegation of Duties.

Part IV.—Discipline—Prescribed authorities.

Division 1.—Discipline.

Division 2.—Prescribed authorities.

Part V.—Officers of Junior Cadets.

Part VI.—Annual Contingent Allowance—Financial Instructions.

Division 1.—Annual Contingent Allowance.

Division 2.—Financial Instructions.

Division 3.—Junior Cadets attending Schools directed by States’ Education Departments.

Division 4.—Annual Contingent Allowance, unexpended balances.

Part VII.—Equipment—Scale of Material.

Division 1.—Equipment.

Division 2.—Scale of Material—for Cleaning and Preserving Arms.

Part VIII.—Schools of Instruction—Compensation.

Division 1.—Schools of Instruction.

Division 2.—Compensation for Injuries—School Teachers.

C.8754.—Price 5d.

Part II.—Inspection and Medical Examination.

Notice of time and place.

4. The times and places for inspection and medical examination shall be notified by the Area Officer of each Training Area, by means of notices exhibited at the Post Offices or other authorized places, and posted to the Headmasters of the schools at which Junior Cadet Training is authorized.

Exemptions from inspection or medical examination.

5. Junior Cadets residing at a distance of over five miles from any place appointed for training, and not attending a school at which Junior Cadet Training is authorized, may be temporarily exempted by the District Commandant or an officer appointed by him, or an Area Officer, from attending for inspection or medical examination.

Person unfit for service.

6. Persons who are known by the Area Officer to be blind, deaf, dumb, maimed, insane, or otherwise absolutely unfit for any physical training, may be permanently exempted from inspection and medical examination, and from training, and permanent certificates of exemption from training may be issued to such persons by the Area Officer under Section 138 (1) (a) of the Act. For the purpose of this Regulation, the Area Officer shall be deemed to be the prescribed medical authority referred to in Section 138 (1) (a) of the Act.

Record of examination.

7. The prescribed medical authority will cause to be entered, in the authorized form, the result of the medical examination, and will certify that the person examined is either:—

(a) Fit for Junior Cadet Training;

(b) Fit for Junior Cadet Training excepting such part thereof as is specified by him;

(c) Temporarily unfit for Junior Cadet Training; or

(d) Permanently unfit for any naval or military training.

Medical authority.

8. The prescribed medical authority referred to in Section 138 (2) of the Act in respect to Junior Cadet Training shall be an officer of the Australian Army Medical Corps appointed for duty to the Training Area in which the person liable to be trained resides, or such other duly qualified medical practitioner as the District Commandant, may approve. Provided, however, that as regards the operation of paragraph (c) of Regulation 7, the Area Officer shall be deemed to be the prescribed medical authority as referred to in Section 138 (1) (a) of the Act.

Form of record.

9. (1) All persons liable to be trained shall give to the Area Officer or the Headmaster of schools at which Junior Cadet Training is authorized, the following information:—

Name in full.

Date of birth.

(2). the information, specified in sub-Regulation (1) of this Regulation, together with the results of the medical examination, exemptions (if any), and certificate as to annual training performed, shall be entered on the authorized form.

Certificates of exemption.

10. (1) Certificates of exemption will be issued by Area Officers, or Brigade Majors, or Assistant Brigade Majors. Those temporarily exempted as temporarily unfit may be required by the Area Officer to again undergo medical examination at any time.

(2) Any person to whom a certificate of exemption has been issued may be required by any of the officers mentioned in sub-Regulation (1) of this Regulation to produce such certificate, and to undergo a medical examination, and such officer may withdraw and cancel such exemption.

Part III.—Training—Inspection—Delegation of Duties.

Division 1—Training.

Prescribed training.

11. (1) The prescribed training for Junior Cadets shall be as follows:—

(a) Physical Training—to be carried out on each school day for not less than fifteen minutes, and the attainment of a certain standard of efficiency.

(b) Marching Drill, elementary, and the attainment of a certain standard of efficiency therein.

And the attainment of a certain standard of efficiency in at least one of the following subjects:—

(c) Miniature rifle shooting.

(d) Swimming.

(e) Running exercises in organized games.

(f) First Aid.

(g) Mariner’s compass and elementary signalling (in certain specified State schools in Naval Training Areas only).

(2) The details of subjects (a) to (g) specified in sub-Regulation (1) of this Regulation and the standard of efficiency required therein shall be laid down front time to time in Military Orders.

(3) The degree of efficiency to be required of each Junior Cadet shall depend upon the length of time during which he has been liable to training, such time as any Junior Cadet may have been exempted not being taken into account.

Training by whom carried out.

12. The training of Junior Cadets shall be carried out by:—

(a) The masters of schools, wherein the training is conducted in accordance with the Regulations and to the satisfaction of the District Commandant, or

(b) The members of the Administrative and Instructional Staff and Area Officers.

Persons liable not attending school.

13. (1) Those liable to training as Junior Cadets, who are not attending schools at which the prescribed training is authorized, will be required to attend for training under the military instructors at such times and places as are appointed by the Area Officers, and notified at the authorized places.

(2) The arrangement of the periods of training for Junior Cadets not attending school will be so made by Area Officers as not to interfere if possible with the ordinary hours of employment of such boys, and will be carried out as under:—

The opening drills should not usually be longer than one hour and the daylight drills one and a half hours.

Division 2—Inspection.

Annual inspection.

14. (1) All Junior Cadets shall be inspected not less than once in each year of training by the District Commandant, or officers representing him. Such officers may be officers of the Australian Military

Forces or Inspectors appointed or authorized by the Governments of the States in connexion with public education to inspect and report on Government or other schools.

(2) At the end of each year of training, in the month of June, each District Commandant shall notify the Military Board the names of those schools in which the training given is not considered by him to be “sufficient.” The Military Board may, by advertisement or otherwise, notify all concerned that the Junior Cadets of such school must, for the following year, attend for training under military instructors as above. Notices to the same effect will be exhibited by Area Officers.

Division 3—Delegation of Duties.

Delegation of duties.

15. Headmasters or Headmistresses may delegate to a teacher the duties prescribed, except in respect to personal responsibility for allowances and equipment.

Part IV.—Discipline—Prescribed Authorities.

Division 1—Discipline.

Discipline.

16. Serious breaches of discipline shall be dealt with under Section 135 of the Act.

Division 2—Prescribed Authorities.

Prescribed authorities &c.

17. (1) The following are the prescribed authorities and persons referred to in Section 135 and 135 (a) of the Act:—

Under Sub-section (2) of Section 135—

“The Commanding Officer, Adjutant, Area Officer, or other officer appointed by the District Commandant.”

Under Sub-sections (4), (5), (7) of Section 135 and Section 135 (a)—“Any member of the Permanent Military Forces or any Area Officer.”

The following shall be the prescribed “Institution” or “place” referred to in Section 135, sub-sections (5) and (7) of the Act:—

“Any place kept or used for military purposes, or any other institution or place approved by the Minister.”

(2) The prescribed officer referred to in Section 110 (5) of the Act, and authorized by that Section to bring a prosecution in any court of summary jurisdiction against a soldier or person liable to render personal service under the provisions of Part XII, of the Act, shall be—

“Any officer of the Provost Staff or other officer appointed by the District Commandant.”

Part V.—Officers of Junior Cadets.

Person eligible for appointment as officers.

18. Masters in schools in which Junior Cadet training is carried out to the satisfaction of the District Commandant, and who have qualified by examination as officers of the Militia Forces or of the Senior Cadets or at the schools of instruction referred to in Regulation 34 (1) et seq., may be appointed officers of the Junior Cadets.

Hon. commissions granted.

19. (1) The commissions granted to officers of Junior Cadets in any one school shall be limited as follows:—

For every 200 Junior Cadets one Hon. Major.

For every 100 Junior Cadets one Hon. Captain.

For every 50 Junior Cadets one Hon. Lieutenant.

For a school having between 30 and 50 Junior Cadets one Hon. Lieutenant.

(2) The honorary commissions granted under sub-Regulation (1) of this Regulation will be withdrawn when the officer ceases to serve with the Junior Cadets or when in any school the number of Junior Cadets in attendance falls below the number specified in sub-Regulation (1) of this Regulation.

Substantive commissions on Reserve of Officers List

20. (1) Officers of the Junior Cadets who qualify for their rank under the syllabus and conditions which apply to officers of the Militia Forces may be granted substantive commissions and be shown on the Reserve of Officers’ List of the Militia Forces.

(2) The substantive commission on Reserve of Officers’ List of the Militia Forces granted under sub-Regulation (1) of this Regulation to an officer of the Junior Cadets will be withdrawn when such officer ceases to serve with the Junior Cadets.

Officers admitted to R.M.C. to resign Commissions.

21. An officer of the Junior Cadets admitted to the Royal Military College of Australia as a Staff Cadet will be required to resign his commission from a date prior to his attestation in the corps of Staff Cadets.

Part VI.—Annual Contingent Allowance—Financial Instructions.

Division. 1—Annual Contingent Allowance.

Contingent allowance.

22. (1) In each year an allowance may be paid to Headmasters of approved schools, or, in the case of Junior Cadets not attending schools, to Area Officers, and subject to the provision of funds by Parliament, on the following conditions: —

(a) In the case of schools the rate will be 2s. per Junior Cadet who is certified as efficient and up to the prescribed standard by the Inspecting Officer referred to in Regulation 14 (1) provided that no allowance shall be paid in any school at which the average daily of attendance is less than 60 per cent. of the enrolment of Junior Cadets.

(b) In the case of boys not attending schools, the rate will be 1s. per Junior Cadet who is certified as efficient and up to the prescribed standard by the Inspecting Officer referred to in Regulation 14 (1).

(c) The allowance specified under paragraphs (a) and (b) of this Regulation shall not be paid unless the Junior Cadets are inspected during the training year for which the allowance in payable.

(2) The allowance may, in the case of schools, be expended on: —

(a) Maintenance of miniature rifle range.

(b) Ammunition.

(c) Printing, stationery, advertising, postage stamps, and office requisites.

(d) Care and protection of stores on charge.

(e) Replacing losses or damage to equipment which cannot be recovered from those responsible for the loss or damage.

(f) Clerical assistance in connexion with the keeping of records, provided the maximum amount in any one school does not exceed the following amounts: —

Schools with over 200 Junior Cadets in training, £l per annum.

Schools with over 100 Junior Cadets in training, but under 200, £3 per annum.

Schools with over 50 Junior Cadets in training, but under 100, £2 per annum.

Schools with over 30 Junior Cadets in training, but under 50, £1 per annum.

(g) Incidental expenditure and provision of equipment as required for the prescribed training.

(3) In the case of Junior Cadets not attending school the allowance may be expended in accordance with paragraphs (c), (d), (e) and (f) of sub-Regulation (2) of this Regulation. In addition 50 rounds of ball and 10 rounds blank ammunition will be issued free to all Junior Cadets not attending school who are on the roll on 1st July of each year.

(4) No part of the Contingent Allowance referred to in this Regulation shall be paid to or expended for the benefit of any individual teacher or Cadet, except, as provided in paragraph (f) of sub-Regulation (2) of this Regulation.

(5) Claims will be made out by Area Officers and supported by the certificates mentioned in paragraphs (a) and (b) of sub-Regulation (1) of this Regulation and forwarded to the District Paymaster.

Division 2—Financial Instructions.

Headmaster personally responsible.

23. Each Headmaster shall sign the approved document, making himself personally responsible for the disbursement, of any allowance paid to him. In any case, however, in which it is estimated that a greater amount than £50 per annum will be drawn from departmental funds by any school, such Headmaster shall be guaranteed in the Fund established by, and in accordance with, Treasury Regulations. District Paymasters are responsible for the strict observance of these Regulations, and that application is made to the Secretary, Department of Defence, to obtain approval of the Treasurer in each case.

Banking accounts.

24 (1) All moneys, except as provided in this Regulation, paid to Headmasters or Area Officers are to be immediately placed to the credit of the Detachment in a Government Savings Bank or in such bank as may be approved. No other moneys are to be paid into this account. When the amount paid to a Headmaster or an Area Officer does not exceed the sum of three pounds (£3) per annum, the payment of such sums into a banking account will not be required, but the money shall be held in trust by the Headmaster or Area Officer concerned.

(2) All vouchers must show full particulars, and be numbered to agree with the order in which they are shown in the authorized Cash Statement.

(3) Any expenditure not in accordance with Regulation 22 (2) and Instructions issued from time to time will be disallowed by the Inspecting Officer, and the amount thereof deducted from the next allowance unless in the meantime adjustment has been made.

(4) On the disbandment of any Detachment, the Cash Statement referred to in sub-Regulation (2) of this Regulation and vouchers shall together with any unexpended balance of the funds, be forwarded to the District Paymaster.

(5) The accounts of all Detachments are subject to audit by the Government Audit Inspector at any time.

(6) At least once in each financial year, if practicable, at the time of the prescribed annual inspection, an officer will carefully inspect and examine the accounts of those Detachments receiving departmental funds of a total less than £50 during each financial year. A report of every such inspection will be made to the District Paymaster at District Head-Quarters on the authorized form. In the event of any such report not being received, the District Paymaster will bring the matter to the notice of the District Commandant.

(7) Receipts must be obtained for all expenditure provided that where the amount does not exceed 5s. a certificate by the Headmaster or

Officer in charge of the Detachment “that the money has been paid” will be accepted in cases where it is impracticable to obtain receipts.

(8) The Cash Statement referred to in sub-Regulation (2) of this Regulation must be properly balanced, and, together with all vouchers for expenditure, and the bank pass-book, showing balance at credit of the Detachment, produced at any official inspection.

Division 3.—Junior Cadets Attending Schools directed by States’ Education Departments.

Special provision for school under control of states Education Departments.

25. (1) In the case of Junior Cadets in attendance at schools under the direction of any State Education Department, the allowance mentioned in Regulation 22 (1) and specified in Regulation 22 (1) (a) may be paid to the Education Department as a grant instead of to the Headmasters of approved schools, in which case Regulations 22 (5), 23, and 24 shall not apply.

(2) Claims will be made out by each State Education Department and forwarded at the end of each quarter to the District Paymaster concerned. These claims to be supported by the certificates of Inspecting Officers as specified in paragraph (a) of Regulation 22 (1).

Division 4.—Annual Contingent Allowance Unexpended Balances.

26. An amount equivalent to the expended balance held by a State Education Department, Head teacher of a school or Area Officer on 30th June of each year, after allowing for any outstanding liabilities, shall be deducted from the amount due to such Education Department, Head teacher of a school, or Area Officer during the next financial year.

Part VII.—Equipment—Scale of Material

Division 1.—Equipment.

Equipment to be accounted for.

27. All equipment, including arms, ammunition, and all other stores issued for the use of Junior Cadets shall be accounted for by the Area Officer in whose area such Junior Cadets are situated. Arms may be issued by him on loan to the Headmasters of schools at which Junior Cadet training is conducted.

Receipt for issue.

28. Area Officers shall at the time of issue obtain a receipt for such equipment from Headmasters, who will be held responsible for the preservation of the same, reasonable wear and tear excepted. Arms and other equipment are not to be used for any unauthorized purpose.

Inspection of equipment.

29. (1) All equipment shall be inspected annually by the Senior Ordnance Officer, or his representative as notified from time to time in Military District Orders.

(2) Such inspector will enter on the authorized form all equipment produced in good order, or in bad order, and deficiencies. The form will in the case of schools be signed by the Inspector and by the Headmaster, and transmitted to the Area Officer as a new voucher for the equipment on loan.

(3) Application will at once be made by the Area Officer to the Senior Ordnance Officer, to write off the stores damaged or deficient, and to the District Paymaster to deduct the amount chargeable from the annual contingent allowance payable to the Headmaster or Area Officer except in cases when approval is obtained to remit the charge.

Procedure—Receipt for stores.

30. The authorized form referred to in Regulation 29 (2) when completed and transmitted to the Area Officer will cancel all previous receipts for stores, and operate as a fresh account until the next inspection, together with any vouchers for equipment received or returned between the two inspections. A copy will be given to the Headmaster.

Annual verification of equipment.

31. The equipment in charge of the Area Officer will be verified by the Inspector annually, by checking the equipment ledger of the area with the authorized form referred to in Regulation 29 (2) and the equipment produced for inspection by the Area Officer.

Liability for equipment.

32. The Headmaster of a school, on relinquishing such position, shall not be relieved of his liability for such equipment until he has transmitted to the Area Officer the authorized form referred to in Regulation 29 (2) indorsed “Transfer” and signed by the new Headmaster.

Division 2.—Scale of Material for Cleaning and Preserving Small Arms.

Material for cleaning and preserving arms.

33. Material for cleaning and preserving arms will be issued annually as follows, deducting quantities unexpended from previous allowance:—

No oil, except that supplied from Ordnance Stores, is under any circumstances, to be applied to arms.

Part VIII.—Schools of Instruction—Compensation.

Division 1.—Schools of Instruction.

Schools of Instructions.

34. (1) Schools of Instruction may be held from time to time for the instruction of masters and mistresses of schools in the courses of training prescribed for Junior Cadets.

(2) The syllabus and method of conducting these schools shall be as authorized by the Military Board.

Issue of certificates.

35. Certificates as specified in Military Orders will be issued to those who pass the tests authorized by the Military Board, whether they have attended a School of Instruction or prepared themselves by other means.

Approved expenditure.

36. (1) Railway warrants may be issued, or payment made for coach or steamer fares, if approved by the District Commandant concerned, to masters and mistresses of schools at which Junior Cadet training is prescribed in order to attend such schools or examinations.

(2) Payment may also he made for subsistence, medical examination of teachers attending, and incidentals in connexion with Schools of Instruction in Junior Cadet training, provided the condition laid down in sub-Regulation (1) of this Regulation is observed.

(3) The expenditure admitted under sub-Regulations (1) and. (2) of this Regulation is contingent on the necessary funds being made available by Parliament, and that the amount placed at the disposal of the District Commandants for this purpose is not exceeded.

Division 2.—Compensation for Injuries.

Compensation for injuries school teachers.

37. School teachers who may be injured, or temporarily incapacitated from resuming their calling in consequence of such injury, whilst in attendance at Schools of Instruction in Junior Cadet training in the performance of duty, may be compensated for any loss sustained thereby in salary or wages, but such compensation shall not in any case exceed an amount of 10s. per diem.

(a) Full particulars as to any injury must be communicated to the Commandant of the District within forty-eight (48) hours after its occurrence, otherwise claims will not be considered; and the Commandant shall thereupon direct a Medical Officer of the Australian Army Medical Corps, if possible, to report on the case. A Court of Inquiry shall be assembled to inquire into the circumstances of each case and submit its recommendation to the Commandant. The compensation shall be limited to the period during which the teacher shall be shown to have been wholly unable to follow his or her occupation and shall not be issuable for the day of the accident, or any Sunday, or for any period for which he or she has drawn his or her regular pay.

(b) Compensation shall not be allowed to a teacher in respect of any injury sustained whilst proceeding to the place of assembly, or whilst returning home after the dismissal of the school from duty.

(c) In cases in which an injury is not reported to the District Commandant within the limits of the time prescribed in paragraph (a) of this Regulation, and the Government is subsequently called upon to pay compensation in connexion with such injury, the amount so paid by the Government may be made a charge against the officer or soldier responsible for the neglect of duty in failing to report the injury.

(d) Applications for compensation shall be forwarded for the consideration of the Military Board, and must be supported by the following documents:—

(i) The proceedings of the Court of Inquiry (and Medical Board, if any), which reported on the case;

C.8754.—2

(ii) A certificate showing the period during which the teacher was unable to follow his or her calling. When, however, the injury is of so severe a nature as to incapacitate the teacher from following his or her employment for a period exceeding two months, a medical certificate showing the state of the case must be forwarded to the Commandant of the District at intervals of one month;

(iii) A certificate from the employer of the teacher showing the teacher's average weekly earnings, and that his or her pay has been stopped during the period for which compensation is claimed;

(iv) A report from the Medical Officer who attended the individual or examined him or her;

(v) A statement of all medical expenses that are recommended to be defrayed by the Government. Only Government rates for medical attendance in each State will be recognised;

(vi) All correspondence on the subject, including a certificate from the District Paymaster that the documents are in order and bearing the remarks and recommendations of the Commandant concerned;

(vii) No fees will be paid for certificates necessary to support claims for compensation under these regulations.

(e) Teachers may be treated in a private hospital on the distinct understanding that the Department will only be liable for the payment of fees which would have been charged had the patient been treated in a approved general hospital, except under very special circumstances, which must be approved by the Minister before any liability is incurred.

(f) A teacher may be required by the Principal Medical Officer of a Military District to go into a Military or Public Hospital for treatment. Should such teacher refuse to do so, the medical expenses otherwise incurred shall not be defrayed by the Government.

(g) The Director-General, Medical Services, shall report on each case submitted as above.

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