Naval Reserve Cadets Regulations (Cth)

STATUTORY RULES

1972 No.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1971.

Dated this twenty-fourth day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

MALCOLM MACKAY

Minister of State for the Navy.

NAVAL RESERVE CADETS REGULATIONS

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Naval Reserve Cadets Regulations.

Commencement.

2. These Regulations shall come into operation on the date fixed under subsection (2.) of section 2 of the Naval Defence Act 1971.

Repeal.

3.—(1.) The Australian Sea Cadet Corps Regulations (being Statutory Rules 1954, No. 89; Statutory Rules 1959, No. 82; Statutory Rules 1961, No. 44; Statutory Rules 1965, No. 85; Statutory Rules 1966, No. 101; Statutory Rules 1966, No. 126; Statutory Rules 1970, No. 22; Statutory Rules 1972, No. 130) are repealed.

(2.) Where—

(a)a person who was, immediately before the commencing day, a cadet in the Australian Sea Cadet Corps does not enrol in the Naval Reserve Cadets within one month after that day; or

(b)a person who was, immediately before the commencing day, an officer or instructor in the Australian Sea Cadet Corps is not appointed an officer or instructor in the Naval Reserve Cadets within one month after that day,

regulation 31 of the Australian Sea Cadet Corps Regulations applies, notwithstanding its repeal by the last preceding sub-regulation, to and in relation to the service of that person in the Australian Sea Cadet Corps during the period from and including the first day of July, 1972, to and including the day immediately before the commencement of this Regulations as if—

(c) that period were a financial year;

(d)for the reference to sixty hours in paragraph (b) of sub-regulation (1.) of that regulation there were substituted a reference to thirty hours; and

(e) for each amount specified in the table in sub-regulation (1.) of that regulation there were substituted an amount equal to half the amount so specified.

* Notified in the Commonwealth Gazette on 1972.

18355/72—Price 10c 9/30.10.1972

Parts.

4. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Members (Regulations 7-15).

Part III.—Uniform (Regulations 16-17).

Part IV.—Pay and Allowances (Regulations 18-26).

Definitions.

5. In these Regulations, unless the contrary intention appears—

“cadet” means a cadet in the Naval Reserve Cadets;

“continuous training camp” means a period of continuous training of not less than two days duration at a camp or course of instruction;

“instructor” means an instructor in the Naval Reserve Cadets;

“member” means a cadet, instructor or officer;

“officer” means an officer in the Naval Reserve Cadets;

“the Act” means the Naval Defence Act 1910-1971;

“the commencing day” means the date on which these Regulations come into operation;

“the Naval Board” means the Board of Administration for the Naval Forces appointed under sub-section (1.) of section 7 of the Act;

“unit” means a unit of the Naval Reserve Cadets according to the Organization for the Naval Reserve Cadets authorized by the Naval Board in pursuance of the powers conferred on it by section 39 of the Act.

Delegations.

6.—(1.) The Naval Board may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under these Regulations, except this power of delegation.

(2.) A power or function delegated by the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Naval Board.

Part II.—Members.

Agefor enrolment.

7. For the purpose of paragraph (a) of sub-section (5.) of section 38 of the Act, the age is fourteen years.

Enrolment as a cadet.

8.—(1.) A person may volunteer to serve as a cadet by furnishing to the commanding officer of a unit an application in accordance with a form made available by the Department.

(2.) Where the commanding officer of a unit accepts an application by a person under the last preceding sub-regulation, he shall enrol him as a cadet in the unit and the person then becomes a cadet.

Service of cadets.

9. A cadet is eligible to take part in the activities of the unit in which he is enrolled, to attend the training provided by that unit and to undertake, with a view to being classified as an efficient cadet, the programme of training for that unit according to the approved training syllabus of the unit.

Appointment of instructors and officers.

10.—(1.) The Naval Board may appoint persons who are suitable to supervise and control the training programme for, and the activities of, cadets enrolled in a unit to be officers or instructors in the Naval Reserve Cadets.

(2.) A person shall not be appointed an instructor unless he has attained the age of nineteen years.

(3.) A person shall not be appointed an officer unless he has attained the age of twenty-one years.

(4.) A person appointed to be an instructor or an officer holds, upon appointment, the rank determined by the Naval Board.

(5.) In making a determination under the last preceding sub-regulation in relation to an instructor or officer, the Naval Board shall have regard to the age and experience of the person, the vacancies in the establishment of the unit in which he is to serve and, if he has served in the Defence Force, the rank held by him immediately before he ceased to serve in that force.

Promotions.

11.—(1.) The Naval Board may promote a member.

(2.) In exercising its powers under the last preceding sub-regulation, the Naval Board shall have regard to the age and length of service of the member and any recommendations concerning his promotion made to the Naval Board by the commanding officer of his unit or by the Naval Officer in charge of the administrative area in which his unit is situated.

Rank.

12.—(1.) A member included in a class of members specified in the first column of the following table may hold any of the ranks specified in the second column of that table opposite to that class in the first column.

Class of members	Rank
1. Cadets...............................................................	Recruit
Cadet Ordinary Seaman
Cadet Able Seaman
Cadet Leading Seaman
Cadet Petty Officer
Cadet Officer
2. Instructors.........................................................	Instructor
Senior Instructor
3. Officers.............................................................	Sub-Lieutenant (Cadets)
Lieutenant (Cadets)
Lieutenant-Commander (Cadets)
Commander (Cadets)

(2.) A rank specified in the second column of the table in the last preceding sub-regulation is junior to each rank specified after it in that column and is senior to each rank specified before it in that column.

Resignation.

13.—(1.) Where a cadet furnishes to the commanding officer of the unit in which he is enrolled a request, in writing, to be discharged from the Naval Reserve Cadets, his commanding officer shall cause him to be discharged as soon as practicable after receipt of the request.

(2.) An instructor or officer may resign from the Naval Reserve Cadets by delivering to an officer of the Naval Forces authorized by the Naval Board for the purpose of this regulation a notice of his intention to resign from the Naval Reserve Cadets.

(3.) A resignation under the last preceding sub-regulation takes effect on the day immediately following the day on which the notice is received by the officer authorized for the purpose of this regulation or on such later day as is specified in the notice.

Discharge of members.

14.—(1.) Subject to sub-regulation (4.) of this regulation, a cadet may, at any time, be discharged, and the appointment of an instructor or officer may, at any time, be terminated, by the Naval Board for a prescribed reason notwithstanding that he has not attained—

(a) in the case of a cadet—the age of nineteen years; or

(b)in the case of any other member—the age for his compulsory retirement.

(2.) For the purpose of the last preceding sub-regulation, each of the following reasons is a prescribed reason:—

(a)that the member, being a cadet, has not been classified as an efficient cadet;

(b) that the member is unsuitable to be a member;

(c) that the member’s attendance at the activities and training programme of his unit has been unsatisfactory;

(d) that the member is medically unfit; and

(e) that the unit in which the member is enrolled or in which he is serving has been disbanded.

(3.) For the purpose of sub-regulation (1.) of this regulation, the following is a prescribed reason in the case of an instructor, that is to say, that the instructor will, upon the termination of his appointment, be appointed an officer of the Naval Reserve Cadets.

(4.) The appointment of an instructor or officer shall not be terminated for a reason specified in paragraph (b), (c) or (d)of sub-regulation (2.) of this regulation except for cause and after he has had notice of the cause and been called upon to answer in his defence.

(5.) Where a cadet is discharged, or the appointment of an instructor or officer is terminated, the Naval Board shall cause a certificate of his service in the Naval Reserve Cadets to be furnished to him.

Age for retirement.

15.—(1.) Subject to the next succeeding sub-regulation, the age for the compulsory retirement of instructors and officers is sixty years.

(2.) The Naval Board may, if it is in the interest of the Naval Reserve Cadets to do so and the instructor or officer consents to it doing so, extend the age for the compulsory retirement of an instructor or officer for a period not exceeding two years.

Part III.—Uniform.

Uniform.

16.—(1.) Articles of uniform kit supplied to a member at the expense of the Commonwealth remain the property of the Commonwealth and shall be returned to the Commonwealth when that member ceases to be a member.

(2.) A member is responsible for the proper care and preservation of his uniform.

(3.) Damage to, or deterioration of, any article of uniform kit not due to fair wear and tear shall be made good at the expense of the member concerned.

Wearing of uniform.

17. 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 Naval Board.

Part IV.—Pay and Allowances.

Special allowance.

18.—(1.) Where each of the following conditions is fulfilled in relation to a member and a financial year, that is to say—

(a) the member has served in the Naval Reserve Cadets during the whole of the financial year;

(b)the member has during the financial year attended home training drills or parades in respect of which he is not entitled to pay under the next succeeding regulation for periods aggregating not less than sixty hours;

(c) the member has held only one of the ranks specified in the first column of the following table during the whole of that financial year; and

(d)the member has performed his duties efficiently during the whole of the financial year either in a unit of a kind referred to in the second column of the following table or in a unit of a kind referred to in the third column of the following table,

the member is entitled to be paid, as a special allowance, the amount set out in the following table in relation to the rank that he has held and the kind of unit in which he has been enrolled or served during that financial year.

Amount
Rank	Units formed in Schools	Units formed elsewhere
First column	Second column	Third column
$	$
Commander (Cadets)........................................................................	210.00	340.00
Lieutenant-Commander (Cadets).......................................................	165.00	270.00
Lieutenant (Cadets)...........................................................................	125.00	205.00
Sub-Lieutenant (Cadets)....................................................................	100.00	165.00
Senior Instructor...............................................................................	80.00	130.00
Instructor..........................................................................................	60.00	100.00
Cadet Officer....................................................................................	15.00	15.00

(2.) Where—

(a) the condition specified in paragraph (a)of the last preceding sub-regulation has not been fulfilled in relation to a member and a financial year but the condition specified in paragraph (b)of that sub-regulation has been so fulfilled; or

(b) the conditions specified in paragraphs (a) and (b)of the last preceding sub-regulation have been fulfilled in relation to a member and a financial year but the conditions specified in paragraphs (c) and (d) of that sub-regulation have not been so fulfilled,

the member is entitled to be paid, as a special allowance, in respect of a part of that financial year during which he held a rank specified in the first column of the table in the last preceding sub-regulation and performed his duties efficiently either in a unit of a kind referred to in the second column or in a unit of a kind referred to in the third column of that table, the amount that bears the same proportion to the amount specified in the second or third column, as the case may be, opposite to that rank in the first column as the number of days in that period bears to three hundred and sixty-five.

(3.) Where the conditions specified in paragraphs (a) and (b)of sub-regulation (1.) of this regulation are not fulfilled in relation to a member and a financial year but the member has performed his duties efficiently either in a unit of a kind referred to in the second column or in a unit of a kind referred to in the third column of the table in sub-regulation (1.) of this regulation for part of

the financial year, the member is entitled to be paid, as a special allowance, in respect of each month of that financial year during which he—

(a) held for the whole of the month one of the ranks specified in that table; and

(b)attended not less than one-half of the home training drills or parades held by the unit in which he was serving during that month,

an amount equal to one-twelfth of the amount specified in the table in sub-regulation (1.) of this regulation in relation to the rank that he held during that month and the kind of unit in which he served during that month.

(4.) The next succeeding sub-regulation applies—

(a) to a person who was, immediately before the commencing day, a cadet in the Australian Sea Cadet Corps and enrols in the Naval Reserve Cadets within one month after that day; and

(b)to a person who was, immediately before the commencing day, an officer or instructor in the Australian Sea Cadet Corps and is appointed an officer or instructor in the Naval Reserve Cadets within one month after that day.

(5.) In the application of sub-regulations (1.), (2.) and (3.) of this regulation to and in relation to a person to whom this sub-regulation applies in respect of the financial year ending on the thirtieth day of June, 1973—

(a)the person shall be deemed, while serving during the prescribed period in the Australian Sea Cadet Corps, to have been serving in the Naval Reserve Cadets;

(b)the person shall be deemed to have enrolled, or been appointed an officer or instructor, in the Naval Reserve Cadets on the commencing day;

(c) the home training drills or parades of the Australian Sea Cadet Corps attended by the person during the prescribed period, being drills or parades in respect of which the person was not entitled to pay under regulation 32 of the Australian Sea Cadet Corps Regulations, shall be deemed to be home training drills or parades of the Naval Reserve Cadets attended by the person in respect of which he is not entitled to pay under the next succeeding regulation;

(d)a unit of the Australian Sea Cadet Corps formed in a school shall be deemed to be a unit of the Naval Reserve Cadets formed in a school;

(e) a unit of the Australian Sea Cadet Corps other than a unit formed in a school shall be deemed to be a unit of the Naval Reserve Cadets other than a unit formed in a school; and

(f) the person shall be deemed, while he held a rank in the Australian Sea Cadet Corps specified in the first column of the following table, to have held the rank in the Naval Reserve Cadets specified in the second column of that table opposite to that rank in the first column:—

Rank in the Australian Sea Cadet Corps	Corresponding rank in the Naval Reserve Cadets
Sea Cadet Commander........................................................................	Commander (Cadets)
Sea Cadet Lieutenant-Commander........................................................................	Lieutenant-Commander (Cadets)
Sea Cadet Lieutenant........................................................................	Lieutenant (Cadets)
Sea Cadet Sub-Lieutenant........................................................................	Sub-Lieutenant (Cadets)
Chief Petty Officer Instructor........................................................................	Senior Instructor
Petty Officer Instructor ........................................................................	Senior Instructor
Cadet Officer........................................................................	Cadet Officer

 (6.) Where a person to whom the last preceding sub-regulation applies—

(a)held the rank of Chief Petty Officer Instructor in the Australian Sea Cadet Corps;

(b)served in a unit of that Corps formed in a school; and

(c) has been paid or is entitled to be paid special allowance under the preceding sub-regulations of this regulation,

in respect of a period, being the prescribed period or a part of the prescribed period, he is entitled to be paid, in respect of the financial year ending on the thirtieth day of June, 1973, or a part of that financial year, as additional special allowance—

(d)if that period comprises the whole of the prescribed period—an amount of Twenty-five dollars; or

(e)if that period comprises part of the prescribed period—an amount that bears the same proportion to Fifty dollars as the number of days in that period bears to three hundred and sixty-five.

(7.) Where a person to whom sub-regulation (5.) of this regulation applies—

(a)held the rank of Chief Petty Officer Instructor in the Australian Sea Cadet Corps;

(b)served in a unit of that Corps other than a unit formed in a school; and

(c) has been paid or is entitled to be paid special allowance under the preceding sub-regulations of this regulation,

in respect of a period, being the prescribed period or a part of the prescribed period, he is entitled to be paid, in respect of the financial year ending on the thirtieth day of June, 1973, or a part of that financial year, as additional special allowance—

(d)if that period comprises the whole of the prescribed period—an amount of Forty dollars; or

(e)if that period comprises part of the prescribed period—an amount that bears the same proportion to Eighty dollars as the number of days in that period bears to three hundred and sixty-five.

(8.) In this regulation, “the prescribed period” means the period from and including the first day of July, 1972, to and including the thirty-first day of December, 1972.

Active pay—officers.

19. An officer who, with the approval of the Naval Board attends, for a period, a continuous training camp is entitled to be paid active pay in respect of that period as if he were an officer of the General List of the Permanent Naval Forces holding in those Forces the rank that corresponds to the rank held by him in the Naval Reserve Cadets and having a pay seniority of less than one year.

Active pay—instructors.

20. An instructor who, with the approval of the Naval Board, attends, for a period, a continuous training camp is entitled to be paid active pay in respect of that period—

(a)in the case of a Senior Instructor—at the rate specified in paragraph (c) (in the second column) of item 4 in the table in sub-regulation (2.) of regulation 31a of the Naval Financial Regulations; and

(b)in the case of an Instructor—at the rate specified in the Fifth Schedule to the Naval Financial Regulations in relation to a man who holds the rating of Leading Seaman and is included in a class of men in respect of whom pay level 1 is the appropriate pay level.

Marriage allowance.

21. Marriage allowance is payable to an officer or instructor in respect of a period during which he is attending a continuous training camp in like circumstances and subject to the like conditions as the circumstances in which and conditions subject to which marriage allowance is payable under Division 3 of Part XVI. of the Naval Financial Regulations to a member of the Citizen Naval Forces rendering naval service within the meaning of that Division.

Travelling allowance.

22. Where an officer or instructor is necessarily absent overnight from the city or town in which he ordinarily resides in the course of the performance of his duties, travelling allowance is payable to him in respect of the period of his absence upon the conditions and at the rate specified in regulation 201 of the Naval Financial Regulations as if he were a member of the Permanent Naval Forces holding the rank in those Forces that corresponds to the rank that he holds in the Naval Reserve Cadets.

Meal allowance.

23. Where an officer or instructor is necessarily absent from the city or town in which he ordinarily resides in the course of the performance of his duties for a period not involving absence overnight, meal allowance is payable to him in respect of that period at the rate, and subject to the conditions, applicable under regulation 211 of the Naval Financial Regulations as if he were a member of the Permanent Naval Forces holding the rank in those Forces that corresponds to the rank that he holds in the Naval Reserve Cadets.

Allowances—cadets.

24. Where a cadet is necessarily absent overnight from the city or town in which he ordinarily resides in the course of the performance of his duties, an allowance is payable to him equal to the amount reasonably expended by him, during the period of his absence, for his accommodation and meals.

Interpretation.

25. For the purposes of these Regulations, a rank in the Naval Reserve Cadets specified in the first column of the following table corresponds to the rank in the Permanent Naval Forces specified opposite to it in the second column of that table.

Rank in Naval Reserve Cadets	Rank in Permanent Naval Forces
Instructor or Senior Instructor..................................	Petty Officer
Sub-Lieutenant (Cadets).........................................	Sub-Lieutenant
Lieutenant (Cadets)................................................	Lieutenant
Lieutenant-Commander (Cadets).............................	Lieutenant-Commander
Commander (Cadets)..............................................	Commander

Efficiency.

26.—(1.) As soon as practicable after the end of a financial year the Naval Officer in charge of the administrative area in which a unit is situated shall classify the cadets who were enrolled in that unit on the last day of that financial year as “efficient” or “non-efficient”.

(2.) A cadet shall not be classified as efficient in relation to a financial year unless—

(a)he has, during that financial year, attended training for cadets of the unit for periods aggregating not less than sixty hours;

(b)he has obtained a reasonable standard of efficiency in the subjects in which cadets of the unit have received instruction during that financial year; and

(c)if cadets of the unit were required to undertake a small arms course on a miniature rifle range, he has completed that course.

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