Naval Forces Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 30 May 1985.
N. M. STEPHEN
Governor-General
By His Excellency's Command,
John Brown
Minister of State for Sport, Recreation and Tourism
for and on behalf of the
Minister of State for Defence
"23. (1) Where a person—
(a) was appointed to the Royal Australian Naval Nursing Service or to the Women's Royal Australian Naval Service before the repeal of the Naval Forces (Women's Services) Regulations; and
(b) immediately before that repeal was a member of the Permanent Naval Forces,
(S.R. 74/84) Cat. No. —Recommended retail price 60c 13/15.3.1985
that person shall be deemed to have been appointed to those Forces under these Regulations on the date on which she was appointed to that Service and to have held, immediately after that repeal, the same rank in those Forces as she held immediately before that repeal.
"(2) Where a person—
(a) was enlisted in the Women's Royal Australian Naval Service before the repeal of the Naval Forces (Women's Services) Regulations; and
(b) immediately before that repeal was a member of the Permanent Naval Forces,
that person shall be deemed to have been enlisted in, or re-engaged in, or last re-engaged in, as the case may be, the Permanent Naval Forces under these Regulations for the period of that enlistment, re-engagement, or last re-engagement, and to have held, immediately after that repeal—
(c) in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the following table in an item in that table—the rank in those Forces specified in Column 2 of that table in that item; or
(d) in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table—the same rank in those Forces as she held immediately before that repeal:
Column 1 | Column 2 | Column 3 |
Item | Ranks | Former ranks in Women's Royal Australian Naval Service or Women's Royal Australian Naval Service Reserve |
1 | Seaman .................................................... | Wran |
2 | Able Seaman ............................................ | Senior Wran |
3 | Leading Seaman ....................................... | Leading Wran |
"(3) Where a person—
(a) was appointed to the Women's Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women's Services) Regulations; and
(b) immediately before that repeal was a member of the Australian Naval Reserve,
that person shall be deemed to have been appointed to the Australian Naval Reserve on the date on which she was appointed to the Women's Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.
"(4) Where a person—
(a) was enlisted in the Women's Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women's Services) Regulations; and
(b) immediately before that repeal was a member of the Australian Naval Reserve,
that person shall be deemed to have been enlisted in, or re-engaged in, or last re-engaged in, as the case may be, the Australian Naval Reserve under these Regulations for the period of that enlistment, re-engagement, or last re-engagement, and to have held, immediately after that repeal—
(c) in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the table in sub-regulation (2) in an item in that table—the rank in the Australian Naval Reserve specified in Column 2 of that table in that item; or
(d) in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table—the same rank in the Australian Naval Reserve as she held immediately before that repeal.
"(5) Where—
(a) an officer of the Permanent Naval Forces was transferred to the Women's Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women's Services) Regulations; and
(b) the officer was, immediately before that repeal, a member of the Australian Naval Reserve,
that officer shall be deemed to have been transferred to the Australian Naval Reserve on the date on which she was transferred to the Women's Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.
"23a. For the purposes of determining under section 14 of the Act the seniority in their respective ranks of female members of the Navy, other than officers, a person who holds a rank specified in Column 2 of the table in sub-regulation 23 (2) in an item in that table and who for any period before the commencement of this regulation held a rank specified in Column 3 of that table in that item shall be deemed to have held the rank specified in Column 2 of that table in that item during the whole of the period during which she held the rank specified in Column 3 of that table in that item.".
"30. (1) Subject to sub-regulations (3) and (4), the Chief of Naval Staff may, for the purposes of section 8 of the Act, determine by instrument that persons, or persons included within a specified class of persons, are not eligible for—
(a) appointment to specified ranks;
(b) appointments in specified parts of the Navy; or
(c) an appointment of a specified kind,
unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that appointment.
"(2) In sub-regulation (1), 'specified' means specified in the instrument referred to in that sub-regulation.
"(3) In making a determination under sub-regulation (1), the Chief of Naval Staff shall have regard to the education, training, experience and other qualifications required to make a person suitable for the appointment concerned.
"(4) Where, because of a condition, qualification or requirement specified in an instrument under sub-regulation (1) in relation to an appointment to which the instrument applies, a person is not eligible for that appointment, the Chief of Naval Staff may, having regard to that person's education, training, experience or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that appointment.
"31. An appointment under section 8 of the Act of a person to be an officer of the Navy that is expressed in the instrument of appointment to be on probation for a period not exceeding 5 years specified in the instrument shall be subject to the condition that, if not revoked by the Governor-General before the end of that period, the appointment shall lapse at the end of that period unless confirmed by the Governor-General before the end of that period.
"32. (1) Subject to sub-regulations (3) and (4), the Chief of Naval Staff may, for the purposes of section 8 of the Act, determine by instrument that officers, or officers included within a specified class of officers, are, subject to regulations 33 and 34, not eligible for—
(a) promotion to specified ranks;
(b) promotion in specified parts of the Navy; or
(c) a promotion of a specified kind,
unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that promotion.
"(2) In sub-regulation (1), 'specified' means specified in the instrument referred to in that sub-regulation.
"(3) In making a determination under sub-regulation (1), the Chief of Naval Staff shall have regard to the education, training, experience and other qualifications required to make a person suitable for the promotion concerned.
"(4) Where, because of a condition, qualification or requirement specified in an instrument under sub-regulation (1) in relation to a promotion to which the instrument applies, a person is not eligible for that promotion, the Chief of Naval Staff may, having regard to that person's education, training, experience
or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that promotion.
"33. (1) For the purposes of section 8 of the Act, an officer who is not eligible for a specific promotion, because of a condition, qualification or requirement specified in an instrument under sub-regulation 32 (1), may be provisionally granted that promotion if the officer has—
(a) commenced; or
(b) given an undertaking in writing to the Chief of Naval Staff to commence, at a time specified by the Chief of Naval Staff,
to do what is necessary to enable the officer to become eligible for the promotion in accordance with the instrument under sub-regulation 32 (1).
"(2) Where an officer who has been provisionally promoted in accordance with this regulation becomes eligible, within the period of 2 years commencing on the day on which the officer was provisionally promoted, for a promotion of that kind in accordance with the relevant instrument under sub-regulation 32 (1), the Chief of Naval Staff shall issue a certificate in writing to that effect.
"(3) Where the Chief of Naval Staff issues a certificate under sub-regulation (2) in relation to an officer who has been provisionally promoted, the provisional promotion of that officer is, by force of this regulation, confirmed on the day on which the certificate is issued.
"(4) Where an officer who has been provisionally promoted in accordance with this regulation does not become eligible, within the period of 2 years commencing on the day on which the officer was provisionally promoted, for a promotion of that kind in accordance with the relevant instrument under sub-regulation 32 (1), the provisional promotion of that officer shall lapse at the expiration of that period of 2 years.
"(5) Where a provisional promotion of an officer lapses in accordance with sub-regulation (4), the officer reverts to the substantive rank that the officer held immediately before he or she was provisionally promoted and the period during which he or she served in the rank to which he or she had been provisionally promoted shall, for the purposes of these Regulations, be deemed to form part of the period of service of the officer in that substantive rank.
"(6) Where an officer has—
(a) given an undertaking of the kind referred to in sub-regulation (1);
(b) been provisionally promoted in consequence of having given that undertaking; and
(c) failed to comply with the undertaking,
the provisional promotion of that officer may be revoked.
"34. (1) For the purposes of section 8 of the Act, an officer may be promoted temporarily to a rank that is higher than the substantive rank held by the officer.
"(2) An officer promoted temporarily to a rank in accordance with sub-regulation (1) holds the rank while the officer performs duties appropriate to that rank and for such further period (if any) as the Chief of Naval Staff approves.".
(a) by inserting in sub-regulation (4a) "an officer who was, immediately before the repeal of the Naval Forces (Women's Services) Regulations," after "of sub-regulation (1)"; and
(b) by omitting from paragraph (4a) (d) "is" and substituting "was, immediately before the repeal of the Naval Forces (Women's Services) Regulations,".
8. Regulation 102a of the Naval Forces Regulations is amended by omitting from the definition of "officer" in sub-regulation (1) "an officer of the Women's Royal Australian Naval Service" and substituting "a female officer".
9. Regulations 186 and 188 of the Naval Forces Regulations are repealed.
1.
Notified in the
2. Statutory Rules 1935 No. 133 as amended by 1936 Nos. 63 and 119; 1938 Nos. 20, 46, 70 and 91; 1939 Nos. 26, 27, 72 and 143; 1940 Nos. 123, 135, 147, 197, 217 and 240; 1941 Nos. 21, 187, 215 and 242; 1942 Nos. 48 and 202; 1943 No. 42; 1944 No. 63; 1946 Nos. 26 and 32; 1947 Nos. 34 and 130; 1948 Nos. 37, 87 and 88; 1950 Nos. 4 and 26; 1951 Nos. 53, 66 and 165; 1953 No. 19; 1954 Nos. 28, 115 and 123; 1955 Nos. 5 and 16; 1956 No. 78; 1958 No. 88; 1959 No. 38; 1961 Nos. 51 and 67; 1963 Nos. 113 and 145; 1964 Nos. 143 and 157; 1965 Nos. 56 and 67; 1967 No. 20; 1968 Nos. 15 and 79; 1969 No. 128; 1970 Nos. 35, 71 and 179; 1971 No. 16; 1972 Nos. 1, 44, 75, 125 and 158; 1973 Nos. 58, 105 and 274; 1974 No. 78; 1975 No. 1; 1976 Nos. 15 and 56; 1978 Nos. 54 and 75; 1979 No. 251; 1980 Nos. 7, 100, 104, 178, 225, 285 and 359; 1981 Nos. 53, 227, 258 and 339; 1982 Nos. 34, 132 and 324; 1983 Nos. 42, 62, 205, 266 and 282; 1984 Nos. 199, 377 and 399.
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