On 28 May 1917, the Solicitor-General gave an opinion⁽¹⁾ in reply to a case submitted by this Department that disobedience by a member of the A.I.F. of an order to submit to dental treatment was an offence against section 9 (2) of the Army Act. On that occasion attention was not drawn to section 18 (3) of the Army Act. The question as to whether such disobedience should be charged as an offence against that section was referred on 24 July 1917, but no opinion on this matter has been received as yet.

(2) Despite the opinion of the Solicitor-General of 28 May 1917 some courts have been holding that such an order is not a lawful order and to prevent this happening in the future it is suggested that a Regulation might be framed to cover both the cases of refusal to undergo dental treatment and also refusal to undergo inoculation and vaccination. These last two are included in pursuance of the two previous opinions of the Solicitor-General dated 13 February 1911 and 5 October 1916 ⁽²⁾, dealing with these specific cases. The following is the draft of the Regulation suggested and I would be glad to be advised if there is any objection to this proposed Regulation:

493A

1. Any member of the Permanent Forces while on War Service may be required to undergo such medical and dental treatment as may be deemed necessary by a medical officer to cure or remove or to prevent or reduce the likelihood of any disease or infirmity which affects or is likely to affect the efficiency of such member in the carrying out of his duties.
2. For the purposes of sub-regulation (1) of this regulation medical treatment shall include vaccination and inoculation, and dental treatment shall include the extraction and filling of teeth.⁽³⁾

I think the draft regulation is in order. If it is promulgated there will I presume be no necessity to advise upon the questions which were submitted for advice with your previous memorandum.

[Vol. 15, p. 367]

(1)Opinion No. 797.

(2)Opinion No. 740.

(3)A regulation in these terms (reg. 493A) was inserted in Australian Military Regulations I916 by S.R. I918, No. 72. made 20 March I918.