Cadet Forces Regulations 1977 (Cth)

Cadet Forces Regulations 1977

Statutory Rules 1977 No. 206 as amended

made under the

Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923

This compilation was prepared on 28 April 2007

taking into account amendments up to SLI 2007 No. 93

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary

Part 2 Organisation of and service in a cadet force

Part 3 The Code of Conduct

Part 4 Miscellaneous

Part 1Preliminary

  1Name of regulations [see Note 1]

 These regulations are the Cadet Forces Regulations 1977.

2Interpretation

 In these Regulations, unless the contrary intention appears:

cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.

Code means the Code of Conduct mentioned in regulation 16.

commanding officer means the commanding officer of a unit.

continuous training means a period of continuous training of not less than 48 hours duration, at a camp or course of instruction.

instructor means an instructor in a cadet force.

member means an officer, instructor or cadet in a cadet force.

officer means an officer in a cadet force.

service chief,in relation to a cadet force or a member of a cadet force, means the service chief administering that cadet force under section 62 of the Defence Act 1903, section 39 of the Naval Defence Act1910 or section 8 of the Air Force Act 1923, as the case requires.

unit means one of the units into which a cadet force is divided by regulation 4.

3Delegation

• (1)

  A service chief mentioned in an item in Table 1 may delegate all or any of his or her powers and functions under regulations 5, 14 and 17 to a delegate mentioned in the item.

TABLE 1		DELEGATION FOR REGULATIONS 5, 14 AND 17
Item	Service Chief		Delegate
1	Chief of Navy		(a) an officer of the Navy or the Australian Navy Cadets of the rank of Lieutenant‑Commander or above
			(b) an Australian Public Service employee of the Department of Defence of Executive Level 1 or above
2	Chief of Army		(a) an officer of the Army or the Australian Army Cadets of the rank of Captain or above
			(b) an Australian Public Service employee of the Department of Defence of Australian Public Service 6 or above
3	Chief of Air Force		(a) an officer of the Australian Air Force or the Australian Air Force Cadets of the rank of Squadron Leader or above
			(b) an Australian Public Service employee of the Department of Defence of Executive Level 1 or above

• (2)

  A service chief mentioned in an item in Table 2 may delegate all or any of his or her powers and functions under the following provisions to a delegate mentioned in the item:

  • (a)

    regulation 6;

  • (b)

    subregulation 8 (3);

  • (c)

    subregulation 8 (4);

  • (d)

    regulation 11;

  • (e)

    regulation 15.

 

TABLE 2		DELEGATION FOR REGULATIONS 6, 11 AND 15 AND SUBREGULATIONS 8 (3) AND (4)
Item	Service Chief		Delegate
1	Chief of Navy		(a) any member of the Navy of the rank of Petty Officer or above
			(b) any officer or instructor of the Australian Navy Cadets of the rank of Petty Officer or above
			(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above
2	Chief of Army		(a) any member of the Army of the rank of Warrant Officer Class Two or above
			(b) any officer or instructor of the Australian Army Cadets of the rank of Corporal or above
			(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above
3	Chief of Air Force		(a) any member of the Australian Air Force of the rank of Warrant Officer or above
			(b) any officer or instructor of the Australian Air Force Cadets of the rank of Warrant Officer or above
			(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above

Note In accordance with section 34AB of theActs Interpretation Act 1901:

Where an Act confers power on a person or body (in this section called the authority) to delegate a function or power:

(a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;

(b) the powers that may be delegated do not include that power to delegate;

(c) a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;

(d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority.

3AApplication of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 

Part 2Organisation of and service in a cadet force

  

4Organisation of cadet forces

 A cadet force is divided into units authorized by the service chief.

5Appointment of officers and instructors

• (1)

  The service chief may appoint as officers or instructors in a cadet force persons who are suitable to supervise and control the training programme for, and the activities of, cadets enrolled in a unit.

• (2)

  A person shall not be appointed an instructor unless he or she has attained the age of 18 years.

• (3)

  A person shall not be appointed an officer unless he or she has attained the age of 19 years.

• (4)

  An officer or instructor may be appointed, or reappointed, for a period specified in the instrument of appointment or reappointment.

• (5)

  A service chief must not appoint or reappoint a person as an officer or instructor under subregulation 5 (1) unless the person states, in writing, that the person:

  • (a)

    has read the Code; and

  • (b)

    agrees to abide by it.

6Commanding officer of a unit

 The service chief may appoint an officer in a cadet force to be the commanding officer of a unit.

7Minimum and maximum ages for cadets

 For a provision of an Act mentioned in an item in the table, for a purpose mentioned in the item, the age mentioned in the item is prescribed.

 

Item	Provision	Purpose	Age
1	paragraph 62 (5) (a) of the Defence Act 1903	minimum age	12 years and 6 months
2	subsection 62 (6) of the Defence Act 1903	maximum age	1 day before turning 20 years
3	paragraph 38 (5) (a) of the Naval Defence Act 1910	minimum age	12 years and 6 months
4	subsection 38 (6) of the Naval Defence Act 1910	maximum age	1 day before turning 20 years
5	paragraph 8 (5) (a) of the Air Force Act 1923	minimum age	13 years
6	subsection 8 (6) of the Air Force Act 1923	maximum age	1 day before turning 20 years

8Acceptance and enrolment as a cadet

• (1)

  A person may volunteer as a cadet by furnishing to the service chief an application in accordance with a form approved by the service chief.

• (2)

  The service chief may accept as a cadet in the cadet force a person who furnishes to him an application under subregulation (1).

• (3)

  When the service chief accepts a person as a cadet under subregulation (2), the service chief shall enrol that person as a cadet in a unit.

• (4)

  A service chief must not accept a person as a cadet under subregulation 8 (2) unless the person states, in writing, that the person:

  • (a)

    has read the Code; and

  • (b)

    agrees to abide by it.

9Service of cadets

 Subject to regulation 17, a cadet is entitled to take part in the activities of the unit in which he or she is enrolled and to attend the training provided by that unit.

10Ranks

• (1)

  The ranks in a cadet force are:

  • (a)

    for the Australian Navy Cadets, as specified in Schedule 1; and

  • (b)

    for the Australian Army Cadets, as specified in Schedule 2; and

  • (c)

    for the Australian Air Force Cadets, as specified in Schedule 3.

• (2)

  A rank specified in Schedule 1, 2 or 3:

  • (a)

    is junior to each rank specified after it in the same, or specified in a subsequent, column of that Schedule; and

  • (b)

    is senior to each rank specified before it in the same, or specified in a preceding, column of that Schedule.

• (3)

  A person appointed under regulation 5 to be an officer or instructor holds, upon appointment, the rank specified in the instrument of appointment by the service chief having regard to the age and experience of the person and the vacancies in the establishment of the unit in which the person is to serve.

• (4)

  A person accepted and enrolled under regulation 8 as a cadet in a cadet force holds, upon being accepted and enrolled, the most junior rank of cadet or the rank determined by the service chief.

11Promotions

• (1)

  The service chief may promote a member of a cadet force.

• (2)

  When exercising his power under subregulation (1), the service chief must have regard to the age and length of service of the member and any recommendations concerning his or her promotion made to the service chief by the commanding officer of his or her unit or by the officer who is responsible, on behalf of the service chief, for the administration of the cadet force in the region where that unit is located.

13Resignation or request for discharge

• (1)

  A cadet may furnish to the service chief a request in writing to be discharged under subregulation 14 (1) from the cadet force to which he or she belongs.

• (2)

  An instructor or officer may resign from a cadet force by delivering to the service chief a notice of his or her intention to resign from the cadet force.

• (3)

  A resignation under subregulation (2) takes effect on the day immediately following the day on which the notice is received by the service chief or on such later day as is specified in the notice.

14Discharge or termination of appointment

• (1)

  If the service chief receives from a cadet a request in writing under subregulation 13 (1), he or she must discharge the cadet.

• (2)

  Subject to subregulation (3), a cadetmay, at any time, be discharged, or the appointment of an instructor or officer may be terminated, by the service chief, for any of the following reasons:

  • (a)

    that the member’s attendance at the activities and training programme of his or her unit has been unsatisfactory;

  • (b)

    that the unit in which the member is enrolled or in which he or she is serving is to be or has been disbanded;

  • (c)

    in the case of a cadet — if the unit in which the cadet is enrolled is located at a school, and membership is restricted to students of that school, that the cadet has ceased to attend that school;

  • (d)

    that the member has breached the Code;

  • (e)

    that, in the opinion of a service chief, the member is excess to the requirements of the cadet force;

  • (f)

    that the member has failed to renew, or has allowed to expire, personal qualifications that the service chief has determined to be essential for his or her position;

  • (g)

    that the member has failed to comply with mandatory child protection procedures:

    • (i)

      in any law of a State or Territory, including any instrument made under such a law; or

    • (ii)

      as directed by a service chief.

• (3)

  A member must not be discharged or have his or her appointment terminated for a reason specified in paragraph (2) (a), (d), (e), (f) or (g) unless he or she has been notified of that reason for the intended discharge or termination of appointment and been given an opportunity to contest it.

• (4)

  A member who decides to contest his or her discharge or the termination of his or her appointment must give notice of the grounds on which he or she will do so to the service chief:

  • (a)

    not later than 28 days after he or she is notified of the reasons for the intended discharge or termination; or

  • (b)

    within any further period that may be allowed by the service chief.

15Wearing of uniforms

The uniforms to be worn by members, and the circumstances in which members are required or permitted to wear those uniforms, shall be as determined by the service chief, and may include uniforms lawful authority for the wearing of which by members has been given under subsection 83 (3) of the Defence Act 1903.

Part 3The Code of Conduct

  

16Members must comply with Code of Conduct

 A member of a cadet force must comply with the Code of Conduct mentioned in Schedule 4.

17Sanctions for breach of Code

 A service chief may impose 1 or more of the following sanctions for a breach of the Code by a member:

• (a)

  formal counselling;

• (b)

  reprimand;

• (c)

  official warning;

• (d)

  reduction in rank;

• (e)

  reassignment of duties;

• (f)

  suspension of duties;

• (g)

  discharge or termination.

Part 4Miscellaneous

  23Intoxicating liquor not to be supplied to cadets in uniform who are under 18 years of age

• (1)

  For the purposes of section 123AA of the Defence Act 1903 and section 44E of the Naval Defence Act 1910, the prescribed age is 18 years.

• (2)

  A person is guilty of an offence if:

  • (a)

    the person sells or supplies intoxicating liquor to another person; and

  • (b)

    that other person is a member of the Australian Air Force Cadets, is under 18 years, and is in uniform. 

• Penalty: 1 penalty unit. 
• (3)

  Subregulation (2) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code). 

• (4)

  An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

24State or Territory gun licensing laws

 It shall not be necessary for a member by reason of any law of a State or Territory to obtain or have any licence or permission to possess, use or carry a rifle or other firearm, belonging to the Commonwealth, if that possession, use or carriage is necessary for his or her participation in the activities of the cadet force of which he or she is a member.

25Procedural fairness in reviews etc

• (1)

  If, under these Regulations, a decision is made or is to be made that affects the rights of a person (person affected), the decision‑maker must make the decision having regard to the principles mentioned in subregulation (2).

• (2)

  The principles are as follows:

  • (a)

    the decision‑maker must make a decision without undue delay;

  • (b)

    the decision‑maker must promptly advise the person affected of relevant matters arising during the process of making the decision;

  • (c)

    if the decision involves misconduct or alleged misconduct by a person affected — the decision‑maker must advise the person affected, in writing, of the following matters concerning the misconduct:

    • (i)

      all details known to the decision‑maker;

    • (ii)

      any finding made by the decision‑maker;

  • (d)

    if the decision involves misconduct or alleged misconduct by a person affected — the decision‑maker must give a person affected the opportunity to be heard before the decision is made;

  • (e)

    after a decision is made, the decision‑maker must give the affected person:

    • (i)

      written notice of the decision; and

    • (ii)

      written notice of the review rights available to the affected person;

  • (f)

    if the person affected is a cadet who has not turned 18 — the decision‑maker must advise the cadet that the cadet must be represented by a parent or other adult person of the cadet’s choosing;

  • (g)

    if the person affected is a cadet who has turned 18 — the decision‑maker must advise the cadet that the cadet is entitled to be represented by a parent or other adult person of the cadet’s choosing;

  • (h)

    if, in the opinion of the decision‑maker, it appears that the matter requiring decision could be resolved by an informal dispute resolution or mediation process — the decision‑maker may take steps to facilitate that process.

Schedule 1Ranks in the Australian Navy Cadets

(subregulation 10 (1))

  

Item	Ranks of cadets	Ranks of instructors	Ranks of officers
1	Cadet Recruit	Seaman (ANC)	Acting Sub‑Lieutenant (ANC)
2	Cadet Seaman	Able Seaman (ANC)	Sub‑Lieutenant (ANC)
3	Cadet Able Seaman	Leading Seaman (ANC)	Lieutenant (ANC)
4	Cadet Leading Seaman	Petty Officer (ANC)	Lieutenant‑Commander (ANC)
5	Cadet Petty Officer	Chief Petty Officer (ANC)	Commander (ANC)
6	Cadet Chief Petty Officer	Warrant Officer (ANC)	Captain (ANC)
7	Cadet Warrant Officer
8	Cadet Midshipman

Note 1   The above table must be read together with regulation 10.

Note 2   In the above table (ANC) means Australian Navy Cadets.

Schedule 2Ranks in the Australian Army Cadets

(subregulation 10 (1))

  

Item	Ranks of cadets	Ranks of instructors	Ranks of officers
1	Cadet Recruit	Recruit (AAC)	Second Lieutenant (AAC)
2	Cadet	Private (AAC)	Lieutenant (AAC)
3	Cadet Lance Corporal	Lance Corporal (AAC)	Captain (AAC)
4	Cadet Corporal	Corporal (AAC)	Major (AAC)
5	Cadet Sergeant	Sergeant (AAC)	Lieutenant‑Colonel (AAC)
6	Cadet Staff Sergeant	Staff Sergeant (AAC)	Colonel (AAC)
7	Cadet Warrant Officer Class Two	Warrant Officer Class Two (AAC)
8	Cadet Warrant Officer Class One	Warrant Officer Class One (AAC)
9	Cadet Under Officer

Note 1   The above table must be read together with regulation 10.

Note 2   In the above table (AAC) means Australian Army Cadets.

Schedule 3Ranks in the Australian Air Force Cadets

(subregulation 10 (1))

  

Item	Ranks of cadets	Ranks of instructors	Ranks of officers
1	Cadet	Aircraftman (AAFC) or Aircraftwoman (AAFC)	Pilot Officer (AAFC)
2	Leading Cadet	Leading Aircraftman (AAFC) or Leading Aircraftwoman (AAFC)	Flying Officer (AAFC)
3	Cadet Corporal	Corporal (AAFC)	Flight Lieutenant (AAFC)
4	Cadet Sergeant	Sergeant (AAFC)	Squadron Leader (AAFC)
5	Cadet Flight Sergeant	Flight Sergeant (AAFC)	Wing Commander (AAFC)
6	Cadet Warrant Officer	Warrant Officer (AAFC)	Group Captain (AAFC)
7	Cadet Under Officer

Note 1   The above table must be read together with regulation 10.

Note 2 In the above table(AAFC) means Australian Air Force Cadets.

Schedule 4The Code of Conduct

(regulation 16)

  

• (1)

  A member of a cadet force must behave honestly and with integrity while undertaking cadet force activities.

• (2)

  A member of a cadet force must act with care and diligence while undertaking cadet force activities.

• (3)

  A member of a cadet force must treat everyone with respect and courtesy, and without harassment.

• (4)

  A member of the cadet force must undertake cadet force activities in a safe, skilful and competent manner.

• (5)

  A member of the cadet force must not make unauthorised use of confidential information, or reveal it to persons not authorised to receive it.

• (6)

  A member of a cadet force, while undertaking cadet force activities, must comply with all applicable Australian laws, as follows:

  • (a)

    any Act or any instrument made under an Act;

  • (b)

    any law of a State or Territory, including any instrument made under such a law.

• (7)

  A member of a cadet force must, while undertaking cadet force activities, comply with any lawful and reasonable direction given by an authorised person.

• (8)

  A member of a cadet force must use Commonwealth resources in a proper manner.

• (9)

  A member of a cadet force must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the member’s cadet force activities.

• (10)

  A member of a cadet force must comply with any other conduct requirement that is prescribed by these regulations.

Notes to the Cadet Forces Regulations 1977

Note 1

The Cadet Forces Regulations 1977 (in force under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923) as shown in this compilation comprise Statutory Rules 1977 No. 206 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1977 No. 206	3 Nov 1977	3 Nov 1977
1977 No. 275	22 Dec 1977	22 Dec 1977	R. 2
1978 No. 175	26 Sept 1978	26 Sept 1978	R. 3
1979 No. 8	31 Jan 1979	31 Jan 1979	R. 2
1979 No. 248	28 Nov 1979	28 Nov 1979	R. 2
1980 No. 334 (a)	18 Nov 1980	18 Nov 1980	R. 2
1983 No. 41	21 Apr 1983	21 Apr 1983	—
1984 No. 361 (a)	30 Nov 1984	30 Nov 1984	R. 2
1985 No. 4	1 Feb 1985	1 Feb 1985	—
1989 No. 217	23 Aug 1989	23 Aug 1989	—
1990 No. 296	21 Sept 1990	21 Sept 1990	—
1991 No. 283	17 Sept 1991	17 Sept 1991	—
1997 No. 39	12 Mar 1997	12 Mar 1997

—
1999 No. 152	14 July 1999	14 July 1999	—
2001 No. 278	5 Oct 2001	15 Dec 2001	R. 2 (rs. by Act No. 135, 2003, Sch. 3 (item 1))
2004 No. 174	1 July 2004	1 July 2004	—
2006 No. 141	27 June 2006 (see F2006L01935)	28 June 2006	—
2007 No. 93	27 Apr 2007 (see F2007L01134)	28 Apr 2007	—

(a)Statutory Rules 1980 No. 334 and 1984 No. 361 were made under the Defence Amendment Act 1979.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
Heading to Part 1..................	rs. 2006 No. 141
R. 1.........................................	rs. 1999 No. 152
R. 2.........................................	am. 1997 No. 39; 2004 No. 174; 2006 No. 141
R. 3.........................................	am. 1997 No. 39; 2006 No. 141
rs. 2007 No. 93
R. 3A.......................................	ad. 2001 No. 278
Part 2
Heading to Part 2..................	rs. 2006 No. 141
Heading to r. 4......................	rs. 2006 No. 141
R. 4.........................................	am. 1997 No. 39
R. 5.........................................	am. 1990 No. 296; 1997 No. 39; 2006 No. 141
R. 6.........................................	am. 1997 No. 39
R. 7.........................................	am. 1999 No. 152
rs. 2004 No. 174; 2006 No. 141
R. 8.........................................	am. 1997 No. 39; 2006 No. 141
R. 9.........................................	am. 2006 No. 141
R. 10.......................................	am. 1997 No. 39; 2004 No. 174; 2006 No. 141
R. 11.......................................	am. 1997 No. 39; 2006 No. 141
R. 12.......................................	am. 1997 No. 39; 1999 No. 152
rep. 2006 No. 141
R. 13.......................................	am. 1997 No. 39; 2006 No. 141
R. 14.......................................	am. 1997 No. 39
rs. 2006 No. 141
R. 15.......................................	am. 1997 No. 39
Part 3
Rr. 16, 17...............................	rep. 1980 No. 334
ad. 1983 No. 41
rep. 1984 No. 361
ad. 2006 No. 141
Rr. 18, 19...............................	am. 1978 No. 175
rep. 1980 No. 334
Rr. 20–22...............................	rep. 1980 No. 334
Part 4
Heading to Part 4..................	rs. 2006 No. 141
R. 23.......................................	am. 2001 No. 278; 2004 No. 174
R. 24.......................................	am. 2006 No. 141
R. 25.......................................	rep. 1985 No. 4
ad. 2006 No. 141
Schedule 1
Heading to Schedule 1........	rs. 2004 No. 174
Schedule 1.............................	rs. 1991 No. 283
am. 1999 No. 152; 2006 No. 141
rs. 2007 No. 93
Schedule 2
Heading to Schedule 2........	rs. 2004 No. 174
Schedule 2.............................	rs. 1989 No. 217; 1999 No. 152
am. 1999 No. 152; 2006 No. 141
rs. 2007 No. 93
Schedule 3
Heading to Schedule 3........	rs. 2004 No. 174
Schedule 3.............................	am. 1999 No. 152; 2006 No. 141
rs. 2007 No. 93
Schedule 4
Schedule 4.............................	rs. 1977 No. 275; 1979 Nos. 8 and 248
rep. 1980 No. 334
ad. 2006 No. 141