Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (PERSONNEL) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 279

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 279

Defence Act 1903

Defence (Personnel) Amendment Regulations 2002 (No. 1)

Issued by the authority of the Minister for Veterans' Affairs

Subsection 124 (1) of the Defence Act 1903 permits the Governor-General to make Regulations, prescribing all matters necessary or convenient to be prescribed, for the good government of the Defence Force, and in particular providing for the enlistment, appointment, promotion, reduction in rank, retirement and discharge of members of the Defence Force, and including:

aa.       the transfer of members between different arms, or parts of arms, of the Defence Force; or

ab.       the training of members; or

ac.       conditions of service of members.

Subsection 124 (1AA) of the Act provides regulations may make provision for:

(a)       the appointment or reappointment of a member; or

(b)       the enlistment or re-enlistment of a member; or

(c)       the service of a member; on the basis that, after a specified time or on a specified event occurring, the member may or must transfer to a different arm, or part of an arm, of the Defence Force, or in relation to other similar arrangements.

Example: The regulations might allow for a soldier to enlist for a total of 8 years, with the first 4 years to be served in the Regular Army and the last 4 years in the Army Reserve, or vice versa, or any other combination of service.

Section 95 of the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 allows regulations to make provision in relation to transitional matters in connection with the amendments made by Schedule 2. In particular, the regulations may deal with the status of persons who are members of the Defence Force immediately before that time.

Subsection 32A (2) of the Naval Defence Act 1910, Subsection 50 (2) of the Defence Act 1903, and Subsection 4J (2) of the Air Force Act 1923, provide that the regulations must set or provide for the setting of training periods for the Naval Reserve, Army Reserve and Air Force Reserve respectively.

The principal purpose of these Regulations is to amend the Defence (Personnel) Regulations 2002, by consolidating the existing regulations relating to personnel matters contained in the Naval Forces Regulations 1935, the Australian Military Regulations 1927 and the Air Force Regulations 1927 into those regulations. These Regulations also consolidate some of the former provisions of the Naval Defence Act 1910 and the Defence Act 1903 relating to personnel matters.

These Regulations are tri-service relating to Navy, Army and Air Force.

New categories of Reserve Service are established. They are:

•       High Readiness Active Reserve;

•       High Readiness Specialist Reserve;

•       Active Reserve;

•       Specialist Reserve;

•       Standby Reserve; and

•       any other category a Service Chief may wish to raise.

With the exception of the Standby Reserve, which will be raised by all Services, a Service Chief is not required to ensure that all categories are raised at any point of time. The categories raised within each Service may change from time to time.

All currently serving Reservists are transferred into one of the new categories when these Regulations come into effect. This is effected by the transitional regulations contained in Chapter 13.

Before the end of their service in the Permanent Forces, members may apply to transfer to a category of the Reserves.

Example: A member of the Permanent Forces might volunteer for service in the Active Reserve on completion of permanent service.

For members appointed or enlisted after 1 July 2003, service in the Standby Reserve will generally be a part of a member's service. All members will serve in the Standby Reserve, except if the member has reached retirement age, or circumstances have occurred which have resulted in the prior discharge of the member.

Service in the Standby Reserve will not involve a training commitment but the member can be called out if required for Defence service. This measure will increase the capability of the Defence Force Reserves and make better use of the skills, training and expertise of members, both Permanent and Reserve.

There are some other new initiatives introduced into the Regulations. These include:

•       the introduction of the concept of a provisional appointment, whereby the Services are able to undertake appointment or enlistment on a provisional basis. The member can be appointed or enlisted on the basis that certain specified matters are completed within a specified time; and

Example: A member might be provisionally appointed or enlisted subject to satisfactory completion of a specialist medical examination.

•       an increase to 65 years of the maximum retirement age to which Permanent or Regular and Reserve members may be extended. The compulsory retirement age for Army and Air Force Reserve members (ie the normal retirement age in the absence of an age extension) has been increased to age 60 years consistent with the current compulsory retirement age for Naval Reservists.

Example: A senior general surgeon might be age extended to 65 years to permit the surgeon to serve on a UN deployment.

Regulation 1 identifies these Regulations as the Defence (Personnel) Amendment Regulations 2002 (No. 1).

Regulation 2 provides that these Regulations commence on 1 December 2002.

Regulation 3 identifies the Regulations amended by Schedule 1 as the Defence (Personnel) Regulations 2002.

Schedule 1 makes the substantive amendments to the Regulations.

Items 1 to 5 add to or substitute general definitions for terms used in the Regulations.

Item 6 makes the substantive amendments to the Regulations.

Chapter 2 (regulations 4-5) sets out the general arrangements for the Australian Defence Force.

Regulation 4 (and Schedule 1) sets out the ranks for each Service.

Regulation 5 sets out the new categories of Reserves that each Service may raise.

Chapter 3 (regulations 6 - 11) sets out the arrangements for service in the Australian Defence Force.

Regulation 6 gives an overview of the arrangements, setting out in point format the requirements by which officers and enlisted members serve in the Australian Defence Force, and how their service can end. Specific provisions are contained in the regulations that follow.

Regulation 7 lists the criteria to which decision-makers must have regard when making a decision or determination under these Regulations.

All decisions made under the Regulations are subject to these mandatory criteria.

The criteria are intended to ensure that sufficient numbers of qualified personnel are available to perform the duties that Australia's armed forces are required to perform.

The criteria are intended to assist the Australian Defence Force command system established by section 9 of the Defence Act 1903. Command means the authority and responsibility for effectively using available resources and for planning the employment of, organising, directing, coordinating and controlling military forces for the accomplishment of assigned missions.

There is an existing review process through which each Service of the Australian Defence Force allows for decisions affecting members to be reviewed. The redress system provides a formal mechanism for grievances to be investigated and reviewed and, where necessary, to correct wrong or unfair decisions or actions. The review process also involves the Defence Force Ombudsman who will investigate complaints when the Australian Defence Force Redress of Grievance system has been exhausted.

Example: A member not satisfied with the outcome of a pay-related Redress of Grievance by his Service might require that the grievance be forwarded to the Defence Force Ombudsman.

The Defence Force Ombudsman can also investigate grievances about unreasonable delays in the redress system or complaints from members who have not been informed about the progress of their grievances at any time during the redress period.

Regulation 8 (and Schedule 1) establishes the compulsory retirement ages for Australian Defence Force members. For the ranks of Commodore, Brigadier and Air Commodore and below, the age is 55 years (for the Permanent Force) and 60 years (for the Reserves). More senior officers have a higher retirement age.

As a transitional measure, regulations 9 and 10 permit an Australian Defence Force member or Chaplain (respectively) to elect to keep the current retirement age applicable to his or her rank.

Some compulsory retirement ages have been increased. Some members may have the option of retiring at the current retirement age or at 55 years of age if a member of the Permanent Forces or 60 years in the case of a member of the Reserves. In the case of Chaplains the compulsory retirement age has increased to 60 years. The extended age of retirement for Permanent/Regulars and Reserves has been increased to 65 years.

Regulation 11 allows the Minister to extend the retirement age for a particular officer, or class of officers, up to the age of 65 years. This power may be exercised where the requirements of the Service require an officer's service to be extended.

Regulation 12 allows a Service Chief to extend the retirement age for a particular member, or class of members, up to the age of 65 years.

Chapter 4 (regulations 13 - 29) deals with the appointment and enlistment of Australian Defence Force members. Regulation 13 provides that the general appointment provisions in regulations 14 and 15 do not apply to the appointment of a Chaplain.

Regulation 14 permits a Service Chief to determine the conditions of an officer's appointment. It also permits a Service Chief to determine that a person need not comply with a specified condition.

Conditions for appointment may include citizenship, security clearance, minimal educational requirements, satisfactory level of medical and dental fitness as well as trade or specialist qualifications for particular appointments, such as aircrew.

Specific conditions for appointment will be specified in Defence Instructions, which form part of the overall Australian Defence Force command system, the concept is discussed in the clause note to Regulation 7.

Regulation 15 permits the Governor-General to appoint a person to be an officer of the Australian Defence Force. A member may be appointed for a particular period of time, until reaching a particular age, or indefinitely. The appointment may also include a period of service in the Standby Reserve. The Regulations also allow the Governor-General to appoint a person whose age is greater than the maximum retirement age, until age 65 where the Governor-General is of the opinion the person has a particular skill that is required in the Service to which the person is to be appointed.

Regulation 16 allows a Service Chief to determine a person's seniority on appointment.

Example: A person with previous Defence experience in the Australian Defence Force or in the Defence Force of another nation might be appointed to a particular rank or with a specific seniority.

Regulation 17 allows for the Governor-General to appoint a person as an officer on a provisional basis. Provisional service is counted when calculating an officer's period of service in the Australian Defence Force.

•       Provisional appointment may be used when a person is appointed subject to the requirement to comply with one or more specified conditions.

Regulation 18 allows a Service Chief to extend an officer's period of provisional appointment. This may be appropriate where additional time is necessary for reasons outside the officer's control to complete the requirements for substantive rank.

Example: An officer's provisional appointment might be extended when the officer was deployed overseas and unable to complete a specified educational requirement.

Regulation 19 allows the Governor-General to appoint an officer on a probationary basis.

Example: A teacher might be appointed as an educational officer on probation subject to satisfactory service over a two year period.

Subregulation 19 (2) and regulation 20 permit a Service Chief to terminate or extend a probationary appointment.

•       Probation is a procedure to confirm that a member is capable of service at a required level. If, during the period of probation, the member is shown to be unsuitable then the appointment would be terminated.

Regulation 21 permits a Service Chief to temporarily appoint an enlisted member of the Australian Defence Force as an officer. The temporary appointment can be extended or terminated. The power may be exercised when the appointment of an officer is only required for a short period of time.

Example: An enlisted member with language skills might be required to hold an officer's rank for a particular task on a UN deployment, if the UN requires positions undertaking such tasks be filled by officers.

Regulation 22 requires a Service Chief to confirm as soon as practicable the appointment of a provisionally appointed officer who has satisfied the required conditions, or an officer appointed on a probationary basis, who has completed the probation period.

Regulation 23 allows a Service Chief to determine conditions for enlistment in that Service.

Regulation 24 requires an applicant for enlistment to take the oath of allegiance or make the affirmation set out in Schedule 2 to the Regulations.

Regulation 25 authorises the enlistment of a person into a Service by taking the oath or affirmation set out in Schedule 2. Enlistment may occur at non-commissioned rank for persons with particular trade or civil skills or previous service experience. The Regulations also allow a Service Chief to appoint a person whose age is greater than the maximum retirement age, until age 65 where the Chief is of the opinion the person has a particular skill that is required in the Service to which the person is to be appointed.

Regulation 26 allows a Service Chief to determine a person's seniority on enlistment.

Regulation 27 allows a Service Chief to enlist a person on a provisional basis. The member must comply with specified conditions of enlistment. Provisional service is counted when calculating the member's period of service in the Australian Defence Force.

Regulation 28 allows a Service Chief to extend an enlisted member's period of provisional enlistment.

Regulation 29 requires a Service Chief to confirm as soon as practicable a provisional enlistment where the member has satisfied the enlistment conditions.

Chapter 5 (regulations 30-41) deals with promotions.

Regulation 30 declares that an officer is not entitled as of right to be promoted.

This is not a new regulation; it has been in place for many years. Promotion is selective and based on merit.

Regulation 31 allows a Service Chief to determine conditions that an officer has to satisfy to be substantively, or provisionally, promoted. Promotion conditions may include completion of required training courses or attainment of specified qualifications. A Chief may determine that an officer need not comply with a condition made under the regulation.

Example: An officer might need to complete a mandatory career development course to be eligible for consideration for promotion.

Regulation 32 permits the Governor-General to promote an officer.

Regulation 33 allows the Governor-General to promote an officer provisionally. A Service Chief can extend the time an officer has to satisfy the conditions of provisional promotion up to a total period of 3 years. If the officer fails to satisfy the specified conditions within the permitted time, the officer reverts to substantive rank. If an officer fails to make satisfactory progress the provisional promotion may be revoked.

Example: The provisional promotion of an officer, who withdraws from a course of training that is required to satisfy a specified condition, might be revoked for failing to make satisfactory progress.

A provisional promotion can be confirmed at any time within the specified period or, if no period is specified, within 3 years after the provisional promotion. If an officer satisfies the specified promotion conditions within the time period, the officer must be promoted.

Regulation 34 permits the Governor-General to promote an officer on a temporary basis, and to revoke such a promotion. A Service Chief may extend the period of promotion.

•       Temporary promotion is the promotion of a member temporarily to a higher rank for a specified period to carry out the duties of a position established at a higher rank than the substantive rank held by the member. Temporary promotion is restricted to meet a short term Service need where the higher rank in a position is considered necessary for the purpose of command, status or discipline, and cannot be met by posting of a qualified member of the higher rank into the vacant position. Temporary promotion is not substantive promotion.

Regulation 35 permits the Governor-General to promote an officer to the rank of Commander or higher (in the Navy), Lieutenant Colonel or higher (in the Army) and Wing Commander or higher (in the Air Force), for a specified period, and to extend the period.

•       Limited tenure promotion is a voluntary scheme, which provides for the promotion of members who have particular skills relevant to the position at the higher rank level. Limited tenure promotion is for a specified period.

Example: A Lieutenant Colonel with specialist logistic skills might be promoted to Colonel on a Limited tenure promotion for a period of three years.

Regulation 36 declares that an enlisted member is not entitled as of right to be promoted.

Regulation 37 allows a Service Chief to determine the conditions an enlisted member has to satisfy to be substantively, or provisionally, promoted. It also permits a Service Chief to determine that a person need not comply with a specified condition.

Regulation 38 permits a Service Chief to promote an enlisted member.

Regulation 39 allows a Service Chief to promote an enlisted member on a provisional basis. A member must satisfy the conditions within the specified time. The Chief can extend the time a person has to satisfy the conditions up to a total period of 3 years. If the member fails to satisfy the specified conditions within the permitted time, the member reverts to substantive rank. If a member satisfies the specified promotion conditions within the relevant time period, the member must be promoted.

If a member fails to make satisfactory progress, the provisional promotion may be revoked.

Regulation 40 permits a Service Chief to promote a member on a temporary basis, and to revoke such a promotion. The Chief may extend the period of promotion.

Regulation 41 permits a Service Chief to promote an enlisted member to the rank of Warrant Officer (in the Navy and Air Force) or Warrant Officer Class 1 (in the Army), for a specified period, and to extend the period.

Chapter 6 (Regulation 42) deals with the posting of members.

Regulation 42 allows a Service Chief to post members anywhere in or outside Australia, or to a position inside or outside the Australian Defence Force.

Example: A member might be posted to a position in another Government organisation or within defence industry or on exchange with a foreign Defence Force.

Chapter 7 (regulations 43-48) deals with reductions in rank.

Regulation 43 declares that a reduction in rank can take place where the member becomes inefficient or unsuitable, or displays unsatisfactory performance.

Example: A member might be reduced in rank where the member is not able or is unwilling to satisfactorily perform the duties of the member's rank or position.

Regulation 44 sets out a procedure by which the grounds for reduction are notified to an officer. The regulation requires the officer be given at least 28 days to respond. The Governor-General must consider the response (if any). If the Governor-General considers that there have been no changes in circumstances since the notice was issued and, where a response has been provided, that the reason for the reduction in rank has been made out, the Governor-General must make the reduction of rank.

Regulation 45 allows the Governor-General to cancel a reduction in rank. Where this occurs, the officer is reinstated to the same rank and seniority held prior to the reduction.

Regulation 46 sets out a procedure by which the grounds for reduction of rank are notified to an enlisted member. The regulation requires the member be given at least 28 days to respond. The Service Chief must consider the response (if any). If the Chief considers there have been no changes in circumstances since the notice was issued and, where a response has been provided, that the reason for the reduction in rank has been made out, the Chief must make the reduction of rank.

Regulation 47 allows a Service Chief to cancel a reduction in rank. Where this occurs, the member is reinstated to the same rank and seniority held prior to the reduction.

Regulation 48 permits an officer to apply to the Governor-General for voluntary reduction of rank. An enlisted member may apply to a Service Chief for voluntary reduction in rank.

Chapter 8 (regulations 49-80) deals with alterations to a member's service obligations.

Regulations 49 and 50 allow for officers and enlisted members (respectively) to apply for an extension of their service, either for a particular period or indefinitely, or to apply to convert an appointment of an indefinite period to a limited period appointment. A Service Chief may agree to the application, or refuse it. An extension cannot be for longer than the member's compulsory retirement age.

Regulation 51 permits a Service Chief to offer officers holding at least the rank of Lieutenant Commander (Navy), Major (Army) or Squadron Leader (Air Force), or enlisted members holding at least the rank of Chief Petty Officer (Navy), Warrant Officer Class 2 (Army) or Flight Sergeant (Air Force) appointments to particular positions for a fixed period.

The appointments do not involve promotion and are offered on the basis that the appointment be converted to an appointment or enlistment for a fixed period.

Regulation 52 allows a member to be transferred from one Service to another where the member and the Service Chiefs agree. The Chief of the receiving Service must specify the conditions under which the transfer is to take place.

Regulation 53 requires a member transferred under regulation 52 to comply with the conditions imposed by the receiving Service Chief. However, the Chief can decide that the member is not required to comply with the conditions.

Regulation 54 deems the period of service of a transferred member in the Service from which the member transferred, as service in the Service to which the member is transferred.

Regulation 55 provides that regulations 56 to 58 apply to members, other than senior officers.

Regulation 56 permits members, other than senior officers, to apply for a transfer from one part of the Permanent Force of a Service to another part of the Permanent Force of that Service, or to the Reserves, or from one part of the Reserves to another part of the Reserves, or from the Reserves to the Permanent Forces.

Example: A member of the Active Reserve might volunteer for service in the High Readiness Active Reserve following Active Reserve service.

Regulation 57 allows members, other than senior officers, to apply to withdraw a transfer application. A Service Chief can accept the application, or refuse it, after having regard to the ability of the Service to carry out current and future military operations, as well as to the management of personnel in the Service.

Regulation 58 allows a Chief to accept or refuse the transfer application. If the Chief approves it, the Chief may determine conditions for the transfer (including conditions relating to rank and seniority). The regulation then sets out grounds on which a transfer could be refused.

Regulation 59 provides that transfer applications from officers holding the rank of at least Rear Admiral (Navy), Major General (Army) or Air Vice-Marshal (Air Force) (called in this Statement senior officers) are to be considered as set out in regulations 60 - 62.

Regulation 60 permits senior officers to apply for a transfer from one part of the Permanent Force of a Service to another part of the Permanent Force of that Service, or to the Reserves, or from one part of the Reserves to another part of the Reserves, or from the Reserves to the Permanent Forces.

Regulation 61 allows a senior officer to apply to withdraw a transfer application. The Governor-General may accept or refuse the application.

Regulation 62 allows the Governor-General to accept or refuse the transfer application. If the Governor-General approves it, the Governor-General may determine conditions for the transfer (including conditions relating to rank and seniority). The regulation then sets out grounds on which a transfer could be refused.

Regulation 63 permits a Service Chief to transfer Permanent members between parts of the Permanent Forces, and Reservists from a category of the Reserves other than Standby Reserves to the Active Reserve or the Specialist Reserve, or from a category of the Reserves to the Standby Reserve.

Regulation 64 provides that members who have not reached retirement age and who have completed their term of service are transferred to the Standby Reserve. The transfer is taken to be a retirement from the Australian Defence Force for the purposes of paying benefits, but not for any other purpose.

The member remains in the Standby Reserve until the member has reached compulsory retirement age, or acceptance of resignation or termination of service whichever first occurs. After a member has completed 5 years of service in the Standby Reserve, the member can resign as of right, unless the application for resignation is made in time of war, defence emergency or at a time when the member has been called out for continuous full time service.

Regulation 65 provides that the Chief of the Defence Force, the Vice Chief of the Defence Force, and the Service Chiefs who have completed their appointment and have not reached retirement age are transferred to the Standby Reserve. The transfer is taken to be a retirement from the Australian Defence Force for the purposes of paying benefits, but not for any other purpose.

The former Chief remains in the Standby Reserve until reaching compulsory retirement age, or acceptance of resignation or termination of service whichever first occurs. After the former Chief has completed 5 years of service in the Standby Reserve, the former Chief can resign as of right, unless the application for resignation is made in time of war, defence emergency or at a time when the former Chief has been called out for continuous full time service.

Regulation 66 deals with transfers to the Standby Reserve after a limited tenure promotion. A member is transferred to the Standby Reserve at the end of the period of promotion, at the rank to which the member was promoted. The transfer is taken to be a retirement from the Australian Defence Force for the purposes of paying benefits, but not for any other purpose.

However, a Service Chief may authorise the member to resume serving at the rank held prior to the limited tenure promotion. Alternatively, a member may seek to be appointed to another category of Reserves, other than the Standby Reserve.

If a member is transferred, the period of service ends when compulsory retirement age is attained, resignation is accepted or service terminated whichever first occurs. After a member has completed 5 years of service in the Standby Reserve, the member can resign as of right, unless the application for resignation is made in time of war, defence emergency or at a time when the member has been called out for continuous full time service.

Regulation 67 deals with transfers to the Standby Reserve after a fixed tenure appointment. A member is transferred to the Standby Reserve at the end of the period of appointment. The transfer is taken to be a retirement from the Australian Defence Force for the purposes of paying benefits, but not for any other purpose.

Alternatively, a member may seek to be appointed to another category of Reserves, other than the Standby Reserves. Service ends when the member reaches compulsory retirement age for service in the Standby Reserve or when resignation is accepted or when service is terminated whichever first occurs. After a member has completed 5 years of service in the Standby Reserve, the member can resign as of right, unless the application for resignation is made in time of war, defence emergency or at a time when the member has been called out for continuous full time service.

Regulation 68 permits a Service Chief to declare a member serving in the Permanent Forces who cannot be usefully employed, to be redundant and transfer the member to the Standby Reserve. The transfer is taken to be a retirement from the Australian Defence Force for the purposes of paying benefits, but not for any other purpose.

Such a redundancy must be in accordance with a document issued by the Chief. The redundancy takes effect after 12 months, or such other time that is agreed. Service ends when the member reaches compulsory retirement age for service in the Standby Reserve or when resignation is accepted or when service is terminated whichever first occurs. A redundant member who has served 5 years in the Standby Reserve can resign as of right, unless the application is made in time of war or defence emergency or during a time when the member has been called out for continuous full time service.

Regulation 69 permits a Service Chief to transfer a Reservist who fails to carry out training or other obligations to another category of Reserves with a lesser training obligation. This can include transfer to the Standby Reserve.

Regulation 70 allows a Service Chief to terminate a member's service in the Standby Reserve at any time for a reason that relates to the interests of the Chief's Service.

Regulations 71 and 72 deal with the application of special benefits to members, other than senior officers.

Regulation 73 applies to officers of the Permanent Forces (other than senior officers) holding at least the rank of Lieutenant Commander (Navy), Major (Army) and Squadron Leader (Air Force) and enlisted members holding at least the rank of Chief Petty Officer (Navy), Warrant Officer Class 2 (Army) or Flight Sergeant (Air Force). The regulation authorises a Service Chief to give a notice to the member informing the member that the Chief is considering offering the member a special benefit and inviting the member within a period of at least one month to provide reasons why the member should not be transferred to a category of the Reserves.

Special Benefits are offered under Management Initiated Early Retirement. The Special Benefit paid is in accordance with a determination under section 58H or 58B of the Defence Act 1903.

Regulation 74 provides that after the period to provide reasons expires and after considering any reasons provided, the Service Chief may give the member a notice stating that if the member agrees to a transfer to a category of the Reserves within the period indicated in the notice the member will be eligible to receive a special benefit. The notice will also inform the member of the consequences of declining the offer.

Regulation 75 deals with the application of these benefits to senior officers under regulations 76 and 77.

Regulation 76 applies to officers of the Permanent Forces holding at least the rank of Rear-Admiral (Navy), Major-General (Army) and Air Vice-Marshal (Air Force). The regulation authorises the Governor-General to give a notice to the senior officer informing the senior officer that the Governor-General is considering offering the senior officer a special benefit and inviting the senior officer within a period of at least one month to provide reasons why the senior officer should not be transferred to a category of the Reserves.

Regulation 77 provides that after the period to provide reasons expires and after considering any reasons provided, the Governor-General may give the senior officer a notice stating that if the senior officer agrees to a transfer to a category of the Reserves within the period indicated in the notice the senior officer will be eligible to receive a special benefit. The notice will also inform the senior officer of the consequences of declining the offer.

Regulation 78 deals with what happens when a member other than a senior officer declines the offer of a benefit. If a Service Chief considers it necessary in the interests of the organisational effectiveness of the Service, the Chief may, after a period of at least 13 months from the date of the notice, terminate the member's service in the Defence Force, or transfer the member to the Standby Reserve. The member will be ineligible to receive a special benefit.

Regulation 79 deals with what happens when a senior officer declines the offer of a benefit. If a Governor-General considers it necessary in the interests of the organisational effectiveness of the Service, the Governor-General may, after a period of at least 13 months from the date of the notice, terminate the senior officer's service in the Defence Force, or transfer the senior officer to the Standby Reserve. The senior officer will be ineligible to receive a special benefit.

Regulation 80 provides that the time periods relating to the offer of a special benefit do not run whilst a complaint made by the member to the member's Service Chief, the Minister or the Defence Force Ombudsman is being investigated.

Chapter 9 (regulations 81 - 99) deals with the completion of a member's service obligation.

Regulation 81 provides that except in time of war or defence emergency or if the member is serving in a category of the Reserves and has been called out on continuous full time service a member is retired from the Defence Force when the member reaches compulsory retirement age, or the period of service specified when the member was appointed, or enlisted, ends.

Regulation 82 provides that a Service Chief may terminate a member's service when a member proposes, or has become, a permanent resident in another country.

Regulation 83 provides for the termination of service of a member of the Permanent Forces by a Service Chief where that member cannot be usefully employed in the Chief's Service because of redundancy in that Service. The member must be given at least 12 months written notice of the redundancy.

Regulation 84 allows the Governor-General to terminate an officer's service if the officer has been absent without leave for more than 3 months.

Regulation 85 sets out reasons why the Governor-General may terminate the service of an officer. They include:

•       being incapable of rendering effective service as a result of physical or mental incapacity;

•       is medically unfit;

•       is inefficient or incompetent for a reason within the officer's control;

•       is convicted of an offence and the Service Chief has certified that retention of the officer is not in the interest of the Defence Force after having regard to the nature and seriousness of the offence;

•       because of the officer's behaviour, retention of the officer is not in the interests of the Defence Force; or

•       retention is not in the interests of the Defence Force because of the officers performance and it is within the officer's power to control the reason or cause of that performance.

Where termination is proposed, the reasons for the decision (with particulars) must be given to the officer. The officer must be given 28 days to give the Governor-General a written statement of reasons why the officer's service should not be terminated.

The Governor-General must terminate the officer's service where the officer declines to provide a statement or, after considering the officer's statement, the reasons for termination have been established.

Regulation 86 allows a Service Chief to terminate an enlisted member's service if the member has been absent without leave for more than 3 months.

Regulation 87 allows a Service Chief to terminate an enlistment where:

•       the father, mother or guardian of a member younger than 18 years of age requests a termination;

•       the member will be appointed an officer;

•       the member is medically unfit, or does not comply with the medical standard for the trade or engagement for which the member is engaged;

•       the member is not suited to be an enlisted member of the Defence Force;

•       the member is undergoing training, and the Chief is satisfied the member is unsuitable for further training;

•       the Chief is satisfied the retention of the enlisted member is not in the interest of either Australia, the Defence Force or the Chief's Service;

•       the member gave false or misleading information at or prior to enlistment;

•       the member has not been granted, or has not accepted, Australian citizenship; or

•       the member has failed to render service the member was required to render.

Where termination is proposed, the reasons for the decision (with particulars) must be given to the member. The member must be given 28 days to give the Service Chief a written statement of reasons why the member's service should not be terminated.

The Service Chief must terminate the member's service where the member declines to provide a statement or, after considering the member's statement, the reasons for termination have been established.

Regulation 88 provides that an officer other than a senior officer may apply to the officer's Service Chief to resign from the Australian Defence Force.

Regulation 89 allows the officer to apply to withdraw such a resignation. The Chief may accept or refuse the withdrawal.

Regulation 90 sets out when a resignation can be refused.

Regulation 91 permits the Chief to grant the application to resign, or specify conditions that must first be complied with.

Regulation 92 declares that a senior officer may apply to the senior officer's Service Chief to resign from the Australian Defence Force.

Regulation 93 allows the senior officer to apply to withdraw such a resignation. The Chief may accept or refuse the withdrawal.

Regulation 94 requires a senior officer's resignation be given to the Minister, for submission to the Governor-General. Where the Minister considers the resignation should be refused until the senior officer complies with a condition, the resignation cannot be forwarded to the Governor-General until the condition is satisfied.

Regulation 95 permits an enlisted member to apply to a Service Chief to resign from the Australian Defence Force, where the member provides 12 months notice or such lesser period determined by the Chief.

Regulation 96 allows the enlisted member to apply to withdraw such a resignation. The Chief may accept or refuse the withdrawal.

Regulation 97 sets out when a resignation can be refused.

Regulation 98 permits the Chief to grant the application to resign, or specify conditions that must first be complied with.

Regulation 99 deals with changing the reasons for terminating a member's service. This must be either at the request of the member or with the member's consent.

Chapter 10 (regulations 100-108) deals with other matters relating to appointment, promotion, transfer and related matters.

Regulation 100 permits a Service Chief to determine a training period and training requirements for each category of Reserves.

Regulation 101 allows a Service Chief to determine what uniforms members should wear, and when.

Regulation 102 deals with the Retired List and regulation 103 allows the Governor-General to appoint an officer or person to honorary rank.

Regulation 104 allows a Service Chief to appoint an enlisted member or person to honorary non-commissioned rank.

Regulations 105 to 107 deal with the use of titles and uniforms after the service of a member.

Regulation 108 prevents a member from entering the service of a foreign country unless the member's Service Chief has approved.

Chapter 11 (regulations 109-116) deals with Chaplains.

Regulation 109 establishes the Divisions of Chaplains within the Navy, Army and Air Force.

Regulation 110 permits the Governor-General to appoint a Chaplain and to specify the Chaplain's period of service. A person cannot be appointed a Chaplain unless the person is a member of a church or faith group approved by the Religious Advisory Committee to the Services, and is recommended by both the Committee and the Principal Chaplain for the church or faith group.

Regulation 111 permits the Governor-General to appoint a minister of a church or faith group as a Principal Chaplain.

Regulation 112 specifies the ranks that Chaplains of various Divisions may hold.

Regulation 113 provides that Chaplains do not exercise military executive command and must not be appointed to a court martial, court or board of inquiry.

Regulation 114 deals with the advancement and reduction of Chaplains.

Regulation 115 deals with the application of general provisions of the Regulations to Chaplains.

Regulation 116 provides for the compulsory retirement age of Chaplains.

Chapter 12 (regulations 117-119) deals with other general matters.

Regulation 117 provides that no civil contract is created between a member and the Crown, or the Commonwealth.

Regulation 118 deals with periods of service of less than 1 day in the Reserves (other than periods of continuous full time service).

Regulation 119 provides for the delegation of the powers of the Governor-General, Minister, or Service Chief as conferred by these regulations. It sets out the minimum rank levels of officer permitted to exercise the powers conferred by these Regulations.

Chapter 13 (regulations 120-124) deals with transitional arrangements. Presently serving Reservists are transferred on 1 December 2002 to the new category of Reserves appropriate for their type of service without disadvantage in any way.

The rank position and entitlements of serving Reservists are preserved by the transitional arrangements.

Regulation 120 provides the transitional arrangements for the Navy.

Regulation 121 provides the transitional arrangements for the Army.

Regulation 122 provides the transitional arrangements for the Air Force.

Regulation 123 provides the transitional arrangements for Chaplains.

Regulations 124 and 125 provide that regulations 64, 65, 66, 67 and 68, dealing with transfer to the Standby Reserve, do not apply to members serving as at 1 December 2002, and for those who are appointed as officers, or enlist, between 1 December 2002 and 1 July 2003.

Exceptions to this rule apply to enlisted members of the Permanent Air Force who enlisted on or after 1 January 1996, or where members agree to have the transfer provisions apply to them, or where members retire after 1 December 2002, and are subsequently re-appointed or re-enlisted. Members of the Permanent Air Force, who enlisted on or after 1 January 1996, are already obligated to serve in the equivalent of the Standby Reserve.

Schedule 1 sets out the ranks and compulsory retirement ages for members other than Chaplains.

Schedule 2 sets out the oath or affirmation for enlistment of a member.


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