Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 69 1

__________________

Defence Force Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 4 April 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister for Defence Science and Personnel

____________

1.   Amendment

1.1   The Defence Force Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 76 (Referral of complaint)

2.1   Omit the regulation, substitute:

Referral of complaint

“76.

(1) Subject to subregulation (2), if a member is not satisfied with the decision of a commanding officer on a complaint, the member may refer the complaint:

• (a)

  in the case of a member of the Navy—to the Chief of Naval Staff; or

• (b)

  in the case of a member of the Army—to the Chief of the General Staff; or

• (c)

  in the case of a member of the Air Force—to the Chief of the Air Staff.

“(2)

If:

• (a)

  the complaint relates to service by the member:

  • (i)

    in a unit or an organisation that is responsible directly to Headquarters Australian Defence Force and comprises personnel drawn from more than one arm of the Defence Force; or

  • (ii)

    in Headquarters Australian Defence Force; and

• (b)

  the complaint is not connected only with the member’s own arm of the Defence Force;

the complaint must be referred to the Vice Chief of the Defence Force.”.

3.   Regulation 77 (Investigation of complaint)

3.1   Omit the regulation, substitute:

Investigating and reporting outcome of complaint

“77.

An officer to whom a complaint is made under subregulation 75 (1) or referred under regulation 76, must:

• (a)

  investigate the complaint without delay or cause it to be investigated without delay; and

• (b)

  notify the member of the results of the investigation without delay.”.

4.   Regulation 78 (Referral upon request)

4.1   Omit the regulation.

5.   Regulation 79 (Further referral of officers’ complaints)

5.1   Omit subregulation 79 (2), substitute:

“(2)

If an officer is not satisfied with the result of a referral under regulation 76, the officer may refer the matter to the Chief of the Defence Force.”.

6.   Regulation 81 (Delegations)

6.1   Before subregulation 81 (1), insert:

“(1A)

The holder of the office of Chief of the Defence Force or Vice Chief of the Defence Force may, by instrument, delegate all or any of the powers of that office under this Part, other than this power of delegation, to any of the following officers:

• (a)

  an officer of the Navy not below the rank of Commodore;

• (b)

  an officer of the Army not below the rank of Brigadier;

• (c)

  an officer of the Air Force not below the rank of Air Commodore.”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 April 1995.

2. Statutory Rules 1952 No. 29 as amended by 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106; 1980 Nos. 95 and 244; 1981 Nos. 177 and 352; 1982 No. 271; 1983 No. 129; 1984 No. 392; 1985 Nos. 88, 118, 131, 156, 235 and 331; 1986 No. 101; 1987 No. 113; 1988 Nos. 58, 89, 321 and 322; 1989 Nos. 203, 275, 290 and 302; 1990 No. 92; 1995 No. 51.