Air Force Regulations (Amendment) 1991 No. 132
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 132
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations ("the Regulations") made under the Air Force Act 1923 prescribe various matters relating to the organisation and administration of the Air Force.
The Defence Force has reviewed the organisation of Service chaplains, and restructured the classification of chaplains. The Regulations contain provisions that required amendment to reflect the restructuring.
Under the restructuring, chaplains are classified into 5 Divisions. This new divisional classification has formed the basis of two salary determinations (one for chaplains in the Permanent Forces, and the other for Reserve chaplains) by the Defence Force Remuneration Tribunal ("the Tribunal"). The classification will also be the basis for prescribing the annual rate of pay applicable for Defence Force Retirement and Death Benefits purposes. In addition, the classification enables chaplains to be assigned notional ranks corresponding to the ranks held by officers generally. (Chaplains hold no rank other than that of chaplain, and do not exercise rank-related functions such as command. However, notional ranks are assigned for circumstances where equivalence is necessary.)
The Statutory Rule makes the necessary changes to reflect the restructuring.
Regulations 48 and 51 of the Regulations provide for the appointment of clergymen to the chaplains branch and for the precedence of chaplains. The Statutory Rule includes an amendment to regulation 48 which establishes the new divisional structure of chaplains, and an amendment which replaces regulation 51 with a provision that deals with the notional ranks of chaplains under the new divisions.
In addition, the Statutory Rule amends regulation 65A, which deals with the promotion of officers to the rank of Squadron Leader or above, so that the provision also applies to the promotion of chaplains to Division 2 or a higher classification.
The Statutory Rule also repeals regulation 78 which dealt with the termination of the appointments of chaplains. Regulation 78 is unnecessary, as chaplains' appointments can be terminated under regulation 72 which is the general Air Force provision dealing with the termination of officers' appointments.
The amendment to regulation 48 of the Regulations, which establishes the divisional structure, is taken to have commenced on 19 July 1990, the date of effect of the Tribunal's salary determinations. This provision needs to have retrospective effect to ensure that the Tribunal's determinations operate effectively. The retrospectivity does not adversely affect the rights or conditions of service of any chaplains. The remaining provisions come into operation on the date of gazettal.
Overview
The Air Force Regulations (Amendment) 1991, issued by the authority of the Minister for Defence Science and Personnel, amends the Air Force Regulations made under the Air Force Act 1923. The primary objective of these amendments is to reflect the restructuring of the classification of chaplains within the Air Force. This restructuring is based on a review conducted by the Defence Force, which resulted in the classification of chaplains into five divisions. The amendment aims to align the existing regulations with the new classification system, ensuring that the salary determinations by the Defence Force Remuneration Tribunal and the application of annual rates of pay for Defence Force Retirement and Death Benefits purposes are properly reflected. Furthermore, the amendments facilitate the assignment of notional ranks to chaplains under the new divisions, where such equivalence is necessary, without altering their substantive rank or command functions. The changes seek to maintain the effective administration and organisation of the Air Force, particularly concerning the chaplains branch.
Scope and Application
The Air Force Regulations (Amendment) 1991 No. 132 pertains to the organisation and administration of the Australian Air Force, specifically concerning the restructuring of the classification of chaplains within the force. This legislation applies to all chaplains in both the Permanent Forces and the Reserve forces of the Australian Defence Force. The restructuring classifies chaplains into five divisions, which is fundamental for the implementation of salary determinations by the Defence Force Remuneration Tribunal, as well as for determining the annual rates of pay relevant to Defence Force Retirement and Death Benefits. Additionally, the new classification facilitates the assignment of notional ranks to chaplains, enabling them to be aligned with the ranks of officers for certain purposes, despite holding no official rank beyond that of chaplain. The amendment to the Air Force Regulations also incorporates changes that reflect the new divisional structure, with certain provisions applying retroactively to ensure the effectiveness of the Tribunal's salary determinations without affecting chaplains' rights or conditions of service. The application of this legislation is within the Commonwealth jurisdiction, impacting Defence Force personnel across Australia.
Key Provisions
The main operative sections of the Air Force Regulations (Amendment) 1991 No. 132 are those that amend regulations 48, 51, 65A, and repeal regulation 78. Regulation 48 now includes a new structure for the classification of chaplains into five divisions, aligning with the new salary determinations made by the Defence Force Remuneration Tribunal. This new structure is effective from 19 July 1990, ensuring that the Tribunal's salary determinations can operate effectively. Regulation 51 has been replaced with a new provision that addresses the notional ranks of chaplains, corresponding to their divisional classifications. Regulation 65A has been amended to include the promotion of chaplains to Division 2 or a higher classification, in line with the promotion of officers to the rank of Squadron Leader or above. Finally, regulation 78, which dealt with the termination of chaplains' appointments, has been repealed as it is now governed by the general provision in regulation 72.
The obligations and requirements imposed by these amendments on the parties involved include the adherence to the new divisional classification of chaplains and the associated salary determinations. The Defence Force must ensure that chaplains are classified into the appropriate divisions, with corresponding notional ranks and salary levels. The new classification also applies to the assignment of chaplains to various roles within the Air Force. The promotion of chaplains to Division 2 or higher must follow the same criteria as the promotion of officers to Squadron Leader or above. The termination of chaplains' appointments must now be handled under the general provision in regulation 72, rather than the repealed regulation 78.
Breaches of these amended regulations may result in various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is likely that non-compliance with the new classification structure, salary determinations, or promotion criteria could lead to disciplinary action against the Defence Force or individual chaplains. Such actions may include administrative penalties, reassignment, or even termination of employment. The retrospective effect of the amendment to regulation 48 does not adversely affect the rights or conditions of service of any chaplains, ensuring that any potential consequences of non-compliance apply only to future actions and not to past classifications or appointments.