Defence (Personnel) Regulations 2002
Statutory Rules No. 51, 2002 as amended
made under the
Defence Act 1903
Compilation start date: 5 March 2013
Includes amendments up to: SLI No. 19, 2013
About this compilation
The compiled instrument
This is a compilation of the Defence (Personnel) Regulations 2002 as amended and in force on 5 March 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 5 March 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument has not commenced or is affected by an uncommenced amendment, the text of the uncommenced provision or amendment is set out only in the endnotes.
Application provisions for amendments
If the operation of an amendment is affected by an application provision, this provision is set out in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect, or is to expire or otherwise cease to have effect, in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
Chapter 1—Preliminary
1 Name of Regulations
2 Commencement
3 Definitions
Chapter 2—General arrangements for the Defence Force
4 Ranks
5 Reserves
Chapter 3—Arrangements for service in the Defence Force
Part 1—Overview
6 Service
Part 2—Criteria for making determinations
7 Criteria
Part 3—Retirement age
8 Compulsory retirement age
9 Alteration of compulsory retirement age—members
9A Compulsory retirement age for certain officers
10 Alteration of compulsory retirement age—chaplains
11 Extension of compulsory retirement age—officers
12 Extension of compulsory retirement age—enlisted members
Chapter 4—Appointment and enlistment
Part 1—Appointment of officers
Division 1—Appointment—general
13 Application of Division 1
14 Eligibility for appointment
15 Appointment
Division 2—Determination of seniority
16 Seniority
Division 3—Appointment on provisional basis
17 Provisional appointment
18 Extension of period of provisional appointment
Division 4—Appointment on probation
19 Probation
20 Extension of period of probation
Division 5—Temporary appointment of officers
21 Temporary appointment
Division 6—Confirmation of appointment
22 Confirmation
Part 2—Enlistment
Division 1—Enlistment—general
23 Eligibility for enlistment
24 Oath or affirmation on enlistment
25 Acceptance of enlistment
Division 2—Determination of seniority
26 Seniority
Division 3—Enlistment on provisional basis
27 Provisional enlistment
28 Extension of period of provisional enlistment
Division 4—Confirmation of enlistment
29 Confirmation
Chapter 5—Promotion
Part 1—Promotion—officers
Division 1—Promotion—general
30 No right to promotion
31 Eligibility for promotion
32 Promotion
Division 2—Provisional, temporary and limited‑tenure promotion
33 Provisional promotion
34 Temporary promotion
35 Limited‑tenure promotion
Part 2—Promotion—enlisted members
Division 1—Promotion—general
36 No right to promotion
37 Eligibility for promotion
38 Promotion of enlisted member
Division 2—Provisional, temporary and limited‑tenure promotion
39 Provisional promotion
40 Temporary…
Overview
The Defence (Personnel) Regulations 2002, made under the Defence Act 1903, were enacted to provide a framework for the management of personnel within the Australian Defence Force. These regulations address the various aspects of service in the Defence Force, including the appointment, enlistment, promotion, transfer, and retirement of officers and enlisted members. The regulations were established to ensure that personnel within the Defence Force are managed in a way that maintains the operational effectiveness and organisational integrity of the Defence Force. The enacting body for these regulations is the Governor-General, on the recommendation of the Minister. The policy objective is to provide clear guidelines for the management of Defence Force personnel, ensuring that the Defence Force is adequately staffed and structured to meet its operational requirements.
Scope and Application
The Defence (Personnel) Regulations 2002, as amended, establish the framework for the management of Defence Force personnel, including officers and enlisted members, within the Australian Defence Force (ADF). These Regulations apply to all members of the ADF, including those in the Australian Navy, Australian Army, and Australian Air Force, and govern various aspects of their service, such as appointment, promotion, transfer, retirement, and termination of service. The Regulations are made under the Defence Act 1903 and commenced on 22 March 2002. The scope of these Regulations is comprehensive, covering the entire lifecycle of a Defence Force member from enlistment to retirement, and includes provisions for reservists and chaplains. The Regulations also outline the compulsory retirement ages for different ranks, detailing provisions for extending or altering these ages where applicable. While the Regulations set out the general terms and conditions for service, specific details and conditions can be further defined through subordinate instruments. Notably, these Regulations do not create any civil contracts and do not apply to chaplains in the same manner as other members, with specific provisions addressing their appointment, rank, and service obligations.
Key Provisions
- The Defence (Personnel) Regulations 2002, as amended, govern various aspects of service in the Australian Defence Force. Key provisions include regulations on the compulsory retirement ages for members (Reg. 8), which can be altered by members (Reg. 9) or by the Minister or a Chief (Regs. 11 and 12). Service members, whether officers or enlisted, may be appointed or enlisted provisionally (Regs. 17 and 27) or on probation (Regs. 19 and 20), and may be subject to temporary or limited-tenure promotions (Regs. 33 to 41). Members can be posted to different locations or positions within the Defence Force (Reg. 42), and their ranks can be reduced (Regs. 43 to 48) or restored (Regs. 45 and 47) under certain conditions. Service obligations can also be altered voluntarily (Regs. 49 to 51) or compulsorily (Regs. 63 to 69), and can be terminated under various circumstances (Regs. 82 to 87). These Regulations impose obligations on members to serve for specified periods (Regs. 6 and 23), comply with conditions for appointment, enlistment, and promotion (Regs. 14, 23, 31, and 37), and meet training requirements (Reg. 100). The Regulations also establish criteria for making determinations regarding members, including considerations such as the operational capability of the Defence Force and the availability of suitable personnel (Reg. 7). Breach of these Regulations can result in civil or criminal consequences. For example, under Regulation 108, a member who enters the service of a foreign country without approval commits an offence and is liable to a penalty of up to 2 years imprisonment. Additionally, under Regulation 86, an enlisted member who has been absent without leave for more than 3 months can have their service terminated by the Chief of their Service. If the service is terminated without proper authority, the Chief may be liable to a penalty of up to 12 months imprisonment.
- Area of Law
- Defence & Military Law
- Administrative Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Appointment & Enlistment
- Promotion
- Retirement Age
- Reduction in Rank
- Posting of Members
