EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 101
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.
Regulation 88 prescribes compulsory retirement ages for Air Force officers. Under subregulation 88(1), the prescribed age for Squadron Leaders in the General Duties Branch of the Permanent Air Force was 47, while the prescribed age for Squadron Leaders in the other branches is 55.
A review of their conditions of service indicated that career prospects for Squadron Leaders in the General Duties Branch would be enhanced if the compulsory retirement age of those officers was aligned with that of Squadron Leaders in the other branches. This action is also likely to assist in retaining General Duties officers (particularly pilots) in the Air Force.
The Statutory Rule therefore raises the prescribed compulsory retirement age of Squadron Leaders in the General Duties Branch to 55. This amendment will not affect voluntary retirements.
The Statutory Rule also contains a savings provision that will protect the interests of Squadron Leaders who could be disadvantaged by the amendment and allow them the option of retaining the present retiring age. As an example, under the Defence Force Retirement and Death Benefits Act 1973, members are normally required to complete 20 years service to qualify for pension. However, officers who retire at the compulsory retiring age with between 15 and 20 years service are eligible for partial benefits. Raising the retiring age for Squadron Leaders would disentitle an officer in this position from a legitimate expectation of eligibility for this benefit at age 47. The savings provision empowers the Chief of the Air Staff to nominate an officer, with the officer’s consent, to retain the existing compulsory retirement age of 47 so as to preserve the present eligibility.
The Statutory Rule comes into operation on the date of gazettal.