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.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1987, issued under the authority of the Minister for Defence, were enacted to address the need for providing long-term re-engagements for experienced airmen in the Australian Defence Force Air Force. This amendment to the Air Force Regulations, originally established under the Air Force Act 1923, was aimed at ensuring a degree of permanency in employment for skilled airmen by allowing for long-term re-engagements up to retiring age. The rules also included a number of minor amendments to streamline and modernise the existing regulations, removing obsolete or unnecessary provisions and correcting minor drafting errors. The policy objective behind these amendments is to better retain experienced personnel within the Air Force, thereby maintaining operational effectiveness and institutional knowledge.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1987 No. 9, issued under the authority of the Minister for Defence, provides amendments to the Air Force Regulations made under the Air Force Act 1923. These regulations pertain to the organisation and administration of the Air Force, with a specific focus on the entry, promotion, and discharge of airmen. Regulation 8 amends sub-regulation 92(3) to clarify that the Reserve Force period for an airman will begin from the conclusion of their enlistment or subsequent re-engagement. Regulation 9 introduces a new regulation 106A, empowering the Chief of the Air Staff to offer suitable airmen long-term re-engagements, up to their retiring age. Regulation 10 removes sub-regulation 109(1), which allowed the Chief of the Air Staff to dispense with an airman's services at any time, as this is inconsistent with the concept of long-term re-engagement. Regulation 11 repeals regulation 111 and replaces it with a new regulation that allows an airman on a long-term re-engagement to request their discharge before the expiration of their re-engagement, with certain conditions. Regulation 12 modifies regulation 115 to ensure that the grounds for discharge are subordinate to the operation of the new regulation 111, and it requires the Chief of the Air Staff to give an airman on a long-term re-engagement at least 12 months' notice of any intended retrenchment. These rules apply to airmen within the Australian Defence Force and come into operation on the date of gazettal.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1997 No. 9, issued under the authority of the Minister for Defence, introduces several amendments to the existing Air Force Regulations, which are made under the Air Force Act 1923. Regulation 8 amends sub-regulation 92(3) to clarify that any period of service in the Reserve Force for a person enlisting in the Air Force will commence from the end of their initial enlistment or any subsequent re-engagement. Regulation 9 introduces a new regulation 106A, which allows the Chief of the Air Staff to offer suitable airmen a long-term re-engagement, up to their retiring age. Regulation 10 repeals sub-regulation 109(1), which previously allowed the Chief of the Air Staff to dispense with an airman’s services at any time, as this power is inconsistent with the concept of long-term re-engagements. Regulation 11 repeals regulation 111 and replaces it with a new regulation that provides airmen on a long-term re-engagement with the right to request their discharge before the expiration of their re-engagement. Regulation 12 amends regulation 115 to ensure it operates in conjunction with the new regulation 111, and includes a new sub-regulation that requires the Chief of the Air Staff to provide an airman on a long-term re-engagement with at least 12 months’ notice of any intended retrenchment.
These amendments impose certain obligations on the Air Force and the airmen it governs. Airmen enlisting in the Air Force must now serve in the Reserve Force for a period of 5 years following the expiration of their enlistment or re-engagement. The Chief of the Air Staff is granted the authority to offer long-term re-engagements to suitable airmen, up to their retiring age, and must provide airmen on such re-engagements with at least 12 months’ notice of any intended retrenchment. Airmen on a long-term re-engagement also have the right to request their discharge before the expiration of their re-engagement, subject to certain conditions. The Chief of the Air Staff retains the discretion to refuse a request for discharge if it would seriously prejudice Air Force operations during a time of war or defence emergency, or if the airman is under a return of service obligation.
The Air Force Regulations (Amendment) Statutory Rule 1997 No. 9 does not explicitly provide for offences, penalties, or consequences for breaches of its provisions. However, the regulations are made under the Air Force Act 1923, which may contain relevant provisions regarding breaches of the Air Force Regulations. Any breach of the Air Force Regulations, including those amended by this Statutory Rule, could potentially result in disciplinary action, administrative penalties, or other consequences as prescribed by the Air Force Act 1923 or other relevant legislation. The specific penalties or consequences for a breach would depend on the nature and severity of the breach, and the applicable laws in force at the time of the breach.