Commonwealth Numbered Regulations - Explanatory Statements

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NAVAL FORCES REGULATIONS (AMENDMENT) 1992 NO. 264

STATUTORY RULES 1992 No. 264

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

Naval Forces Regulations (Amendment)

Section 45 of the Naval Defence Act 1910 ("the Act") provides that the Governor-General may make regulations for the purposes of the Act. Section 17 of the Act provides that retiring ages for members of the Navy shall be as prescribed, and empowers the Minister to extend a member's retiring age by up to 2 years.

The Naval Forces Regulations ("the Regulations"), made under the Act, prescribe various matters relating to the administration of the Navy.

Regulation 102 of the Regulations provides for the compulsory retirement ages of officers in the Permanent Naval Forces ("PNF").

Regulation 102 tied the compulsory retirement age to the list or branch to which an officer belonged. The effect of this was that compulsory retirement ages for officers below the rank of Rear Admiral varied from one area of the PNF to another and ranged from 45 to 55.

Following a review of the officer career structure, it was decided that all lists and branches of the PNF (other than the General List) should be abolished. All PNF officers who are not already in the General List will be transferred to that List and their compulsory retirement ages will be largely standardised. The reorganisation of the lists and branches will take effect on 1 November 1992.

As part of this review all officers below the rank of Rear Admiral who are or have been appointed to the PNF on or after 1 January 1992 will have a common compulsory retirement age of 55. This measure is designed to assist in the retention of skilled and experienced middle managers, and is consistent with the compulsory retirement age of sailors in the PNF.

Officers of the rank of Rear Admiral and above, irrespective of date of appointment, will retain the compulsory retirement ages that at present apply to their respective ranks. All officers below the rank of Rear Admiral who were appointed to the PNF prior to 1 January 1992 will retain their existing compulsory retirement ages subject to any of these officers who are on a permanent appointment, or who are serving for a specified period that would end after their existing compulsory retirement age, being able to elect to have a compulsory retirement age of 55. In addition, chaplains will retain their existing compulsory retirement age of 55.

The Statutory Rule makes the necessary changes. The Attachment contains details of the amendments.

The amendments will not affect voluntary retirements by officers from the PNF.

The amendments will not adversely affect the rights of officers of the PNF.

The Statutory Rule comes into operation on the date of gazettal.

ATTACHMENT

NAVAL FORCES REGULATIONS (AMENDMENT)

The amendment to subregulation 102(1) of the Regulations ensures that all officers who were appointed to the PNF before 1 January 1992 retain the compulsory retirement ages that apply to them immediately before the date of the reorganisation of the lists and branches. However, subregulations 102(2) and (3) provide that any of these officers (below the rank of Rear Admiral) who are on a permanent appointment, or serving for a specified period that ends after their existing compulsory retirement age, may elect to be retired at 55.

Subregulation 102(3A) provides that an election under subregulation 102(2) or (3) must be made in writing to the Chief of Naval Staff. Any such election must be made by 31 December 1992, or within three months of a PNF officer being granted a permanent appointment or an extension of appointment under section 11 of the Act, whichever is the later. (Section 11 provides for the extension or conversion of appointments.)

Subregulation 102(3B) prescribes a compulsory retirement age of 55 for all officers, below the rank of Rear Admiral, who were appointed to the PNF on or after 1 January 1992. officers of the rank of Rear Admiral or above who were appointed on or after this date retain the compulsory retirement age that at present applies to their respective ranks (ie 63 for Admirals, 60 for Vice Admirals and 57 for Rear Admirals).

The amendment to subregulation 102(4) maintains the current retirement age of 55 that applies to all PNF chaplains.

The Statutory Rule also makes a consequential amendment to regulation 46A of the Regulations. This regulation provides that members whose retirement age has been extended under section 17 of the Act will not be eligible for promotion. The amendment ensures that PNF officers who have had their compulsory retirement age extended under section 17 and then elect for the new retirement age of 55 will be able to be promoted until they reach 55 or any higher compulsory retirement age that becomes applicable to them under subregulation 102(1).