Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE REGULATIONS (AMENDMENT) 1991 NO. 132

STATUTORY RULES 1991 No. 132

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

AIR FORCE REGULATIONS (AMENDMENT)

The Air Force Regulations ("the Regulations") made under the Air Force Act 1923 prescribe various matters relating to the organisation and administration of the Air Force.

The Defence Force has reviewed the organisation of Service chaplains, and restructured the classification of chaplains. The Regulations contain provisions that required amendment to reflect the restructuring.

Under the restructuring, chaplains are classified into 5 Divisions. This new divisional classification has formed the basis of two salary determinations (one for chaplains in the Permanent Forces, and the other for Reserve chaplains) by the Defence Force Remuneration Tribunal ("the Tribunal"). The classification will also be the basis for prescribing the annual rate of pay applicable for Defence Force Retirement and Death Benefits purposes. In addition, the classification enables chaplains to be assigned notional ranks corresponding to the ranks held by officers generally. (Chaplains hold no rank other than that of chaplain, and do not exercise rank-related functions such as command. However, notional ranks are assigned for circumstances where equivalence is necessary.)

The Statutory Rule makes the necessary changes to reflect the restructuring.

Regulations 48 and 51 of the Regulations provide for the appointment of clergymen to the chaplains branch and for the precedence of chaplains. The Statutory Rule includes an amendment to regulation 48 which establishes the new divisional structure of chaplains, and an amendment which replaces regulation 51 with a provision that deals with the notional ranks of chaplains under the new divisions.

In addition, the Statutory Rule amends regulation 65A, which deals with the promotion of officers to the rank of Squadron Leader or above, so that the provision also applies to the promotion of chaplains to Division 2 or a higher classification.

The Statutory Rule also repeals regulation 78 which dealt with the termination of the appointments of chaplains. Regulation 78 is unnecessary, as chaplains' appointments can be terminated under regulation 72 which is the general Air Force provision dealing with the termination of officers' appointments.

The amendment to regulation 48 of the Regulations, which establishes the divisional structure, is taken to have commenced on 19 July 1990, the date of effect of the Tribunal's salary determinations. This provision needs to have retrospective effect to ensure that the Tribunal's determinations operate effectively. The retrospectivity does not adversely affect the rights or conditions of service of any chaplains. The remaining provisions come into operation on the date of gazettal.