Commonwealth Numbered Regulations

1985 No. 93 NAVAL FORCES REGULATIONS (AMENDMENT) - REG 3

3. After Division 4 of Part I of the Naval Forces Regulations the following
Division is inserted:

"Division 5-Appointment to, and promotion in, the Naval Forces Chief of Naval
Staff may make determinations

"30. (1) Subject to sub-regulations (3) and (4), the Chief of Naval Staff may,
for the purposes of section 8 of the Act, determine by instrument that
persons, or persons included within a specified class of persons, are not
eligible for-

   (a)  appointment to specified ranks;

   (b)  appointments in specified parts of the Navy; or

   (c)  an appointment of a specified kind, unless they satisfy any specified
        conditions, hold any specified qualifications and meet any specified
        requirements relating to that appointment.

"(2) In sub-regulation (1), 'specified' means specified in the instrument
referred to in that sub-regulation.

"(3) In making a determination under sub-regulation (1), the Chief of Naval
Staff shall have regard to the education, training, experience and other
qualifications required to make a person suitable for the appointment
concerned.

"(4) Where, because of a condition, qualification or requirement specified in
an instrument under sub-regulation (1) in relation to an appointment to which
the instrument applies, a person is not eligible for that appointment, the
Chief of Naval Staff may, having regard to that person's education, training,
experience or other qualifications, dispense with the requirement that that
person comply with that condition, qualification or requirement in relation to
that appointment. Appointments on probation

"31. An appointment under section 8 of the Act of a person to be an officer of
the Navy that is expressed in the instrument of appointment to be on probation
for a period not exceeding 5 years specified in the instrument shall be
subject to the condition that, if not revoked by the Governor-General before
the end of that period, the appointment shall lapse at the end of that period
unless confirmed by the Governor-General before the end of that period.
Promotion of officers

"32. (1) Subject to sub-regulations (3) and (4), the Chief of Naval Staff may,
for the purposes of section 8 of the Act, determine by instrument that
officers, or officers included within a specified class of officers, are,
subject to regulations 33 and 34, not eligible for-

   (a)  promotion to specified ranks;

   (b)  promotion in specified parts of the Navy; or

   (c)  a promotion of a specified kind, unless they satisfy any specified
        conditions, hold any specified qualifications and meet any specified
        requirements relating to that promotion.

"(2) In sub-regulation (1), 'specified' means specified in the instrument
referred to in that sub-regulation.

"(3) In making a determination under sub-regulation (1), the Chief of Naval
Staff shall have regard to the education, training, experience and other
qualifications required to make a person suitable for the promotion concerned.

"(4) Where, because of a condition, qualification or requirement specified in
an instrument under sub-regulation (1) in relation to a promotion to which the
instrument applies, a person is not eligible for that promotion, the Chief of
Naval Staff may, having regard to that person's education, training,
experience or other qualifications, dispense with the requirement that that
person comply with that condition, qualification or requirement in relation to
that promotion. Provisional promotion

"33. (1) For the purposes of section 8 of the Act, an officer who is not
eligible for a specific promotion, because of a condition, qualification or
requirement specified in an instrument under sub-regulation 32 (1), may be
provisionally granted that promotion if the officer has-

   (a)  commenced; or

   (b)  given an undertaking in writing to the Chief of Naval Staff to
        commence, at a time specified by the Chief of Naval Staff, to do what
        is necessary to enable the officer to become eligible for the
        promotion in accordance with the instrument under sub-regulation 32
        (1).

"(2) Where an officer who has been provisionally promoted in accordance with
this regulation becomes eligible, within the period of 2 years commencing on
the day on which the officer was provisionally promoted, for a promotion of
that kind in accordance with the relevant instrument under sub-regulation 32
(1), the Chief of Naval Staff shall issue a certificate in writing to that
effect.

"(3) Where the Chief of Naval Staff issues a certificate under sub-regulation
(2) in relation to an officer who has been provisionally promoted, the
provisional promotion of that officer is, by force of this regulation,
confirmed on the day on which the certificate is issued.

"(4) Where an officer who has been provisionally promoted in accordance with
this regulation does not become eligible, within the period of 2 years
commencing on the day on which the officer was provisionally promoted, for a
promotion of that kind in accordance with the relevant instrument under
sub-regulation 32 (1), the provisional promotion of that officer shall lapse
at the expiration of that period of 2 years.

"(5) Where a provisional promotion of an officer lapses in accordance with
sub-regulation (4), the officer reverts to the substantive rank that the
officer held immediately before he or she was provisionally promoted and the
period during which he or she served in the rank to which he or she had been
provisionally promoted shall, for the purposes of these Regulations, be deemed
to form part of the period of service of the officer in that substantive rank.

"(6) Where an officer has-

   (a)  given an undertaking of the kind referred to in sub-regulation (1);

   (b)  been provisionally promoted in consequence of having given that
        undertaking; and

   (c)  failed to comply with the undertaking, the provisional promotion of
        that officer may be revoked. Temporary promotion

"34. (1) For the purposes of section 8 of the Act, an officer may be promoted
temporarily to a rank that is higher than the substantive rank held by the
officer.

"(2) An officer promoted temporarily to a rank in accordance with
sub-regulation (1) holds the rank while the officer performs duties
appropriate to that rank and for such further period (if any) as the Chief of
Naval Staff approves.".