EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 9
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations (“the regulations”), made under the Air Force Act 1923 (“the Act”), prescribe various matters relating to the organization and administration of the Air Force.
Part IV of the regulations makes provision for the entry, promotion and discharge of airmen.
Regulations 92 and 106, contained in Part IV, prescribe periods for which persons may be enlisted as airmen or for which airmen may be re-engaged. There is a requirement for long-term re-engagements to provide a degree of permanency in employment for experienced airmen. This Statutory Rule makes the necessary amendments, together with a number of unrelated minor amendments.
Air Force Regulations (Amendment)
Regulations 1, 2, 3, 5, 13, 15, 16 and 17 omit or repeal regulations or parts of regulations which are unnecessary or obsolete.
Regulations 4, 6, 7 and 14 make minor drafting amendments.
Regulations 8 to 12 (inclusive) make the changes necessary to provide for long-term re-engagements and make consequential amendments.
Regulation 8 makes a consequential amendment to sub-regulation 92(3) which provides that a person enlisting in the Air Force shall, at the time of enlistment, engage to serve in a Reserve Force for a period of 5 years from the expiration of his enlistment. The amendment makes it clear that the period in the Reserve will begin to run from the conclusion of the enlistment or any subsequent re-engagement.
Regulation 9 inserts a new regulation 106A which will empower the Chief of the Air Staff to offer suitable airmen a long-term re-engagement, ie a re-engagement to retiring age.
Regulation 10 omits sub-regulation 109(1). That sub-regulation empowered the Chief of the Air Staff to dispense with the services of an airman at any time and its retention would be inconsistent with the concept of long-term re-engagement. Regulation 10 also makes a drafting amendment to sub-regulation 109(2).
Regulation 11. Regulation 111 dealt with the request by an airman for his discharge, a matter which is adequately dealt with by existing paragraph 115(1). Regulation 11 repeals regulation 111 and substitutes a new regulation which will provide an airman who is on a long-term re-engagement with a right to claim his discharge before the expiration of his re-engagement. There is provision for the Chief of the Air Staff to determine a period of notice, having regard to the remaining period that the airman had agreed to serve, but in any case not greater than 12 months.
The Chief of the Air Staff is authorized to refuse a request for discharge in time of war or defence emergency, if granting it would seriously prejudice Air Force operations or if the airman is under a return of service obligation. In the last case, the Chief of the Air Staff may decide not to require the airman to complete his return of service if the airman is prepared to reimburse the Commonwealth for the period of service foregone. These rules for refusing a request are the same as those which operate in respect of officers under regulation 73.
Regulation 12. Regulation 115 sets out the grounds on which an airman may be discharged. Regulation 12 makes the operation of regulation 115 subordinate to the operation of new regulation 111, so far as discharge at the request of a member under regulation 111 is concerned, and also inserts a new sub-regulation (2) which will require the Chief of the Air Staff to give an airman who is serving on a long-term re-engagement at least 12 months notice of any intended retrenchment. Some drafting amendments are included.
Commencement
The Statutory Rule comes into operation on the date of gazettal.