Air Force Regulations (Amendment)

Overview

The Air Force Regulations (Amendment) 1997 No. 36, issued under the authority of the Minister for Defence Industry, Science and Personnel, amends the Air Force Regulations made under the Air Force Act 1923 to address the cumbersome process of transferring members between the different arms of the Australian Defence Force. Previously, members had to resign or be discharged from their current arm before being appointed or enlisted in another arm, a process that was inefficient and disruptive. This amendment enables direct transfers between the Navy, Army, and Air Force, aligning the Air Force Regulations with the corresponding provisions in the Defence Act and Naval Defence Act as amended by the Defence Legislation Amendment Act (No. 1) 1997. The policy objective is to streamline the transfer process, allowing for the direct transfer of members with their consent and the approval of the service chief of the gaining arm, while ensuring that any return of service obligations and service-related entitlements are appropriately carried over.

Scope and Application

The Air Force Regulations (Amendment) 1997 No. 36 applies to members of the Royal Australian Air Force who are eligible for transfer to another arm of the Defence Force, namely the Australian Army or the Royal Australian Navy. This amendment, made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923, introduces regulations 89 and 119 to streamline the transfer process. Prior to this amendment, transfers between the services required a member to resign or be discharged from their current service before being appointed or enlisted in another. Now, the Chief of Air Force, or a delegate, has the authority to effect a transfer, provided the member consents and the service chief of the gaining arm approves. The transfer instrument must specify the effective date, the period of appointment or enlistment, the part of the gaining arm, the rank, and the seniority of the member. This amendment also ensures that any return of service obligations and service credits are carried over to the gaining arm, ensuring continuity in service benefits such as leave entitlements. The amendment applies nationally across Australia as it pertains to the Defence Force, and the regulations are made under Commonwealth authority.

Key Provisions

The main operative sections of the Air Force Regulations (Amendment) 1997 No. 36 (the "Statutory Rule") are regulations 89 and 119. Regulation 89 provides for the direct transfer of a member of the Air Force to another arm of the Defence Force, while regulation 119 ensures that any return of service obligation incurred in the Air Force is carried over to the gaining arm. Regulation 89 specifies that the Chief of Air Force (or a delegate) can only transfer a member if the member consents and the service chief (or delegate) of the gaining arm approves the transfer. Regulation 119 ensures that any return of service obligation incurred in the Air Force is carried over to the gaining arm when a transfer takes effect, and that service in the Air Force is counted as service in the gaining arm for purposes such as the calculation of leave entitlements. The obligations and requirements imposed by the Statutory Rule on the parties it governs include the requirement that a transfer must be effected by an instrument specifying the date of effect of the transfer, the period of appointment or enlistment that is to apply once the transfer is effected, the part of the gaining arm in which the member is appointed or enlisted, the rank the member is to hold, and seniority in that rank. The Statutory Rule also imposes an obligation on the service chiefs to delegate their transfer function to an officer of their respective service not below the rank of Air Commodore (or equivalent rank). Any breach of the Statutory Rule may result in civil or criminal consequences. However, the Statutory Rule does not specify any particular offences, penalties, or maximum penalties for breach. The consequences of a breach will depend on the specific circumstances of the case and the relevant laws and regulations. It is important to note that the Statutory Rule is made under the Defence Act, Naval Defence Act and Air Force Act as a member who has incurred a return of service obligation while serving in the Air Force will continue to have that obligation as a member of the Army or Navy. The Statutory Rule comes into operation on the same day as Schedule 1 of the 1997 Act (which contains the corresponding Defence Act and Naval Defence Act amendments). This day is fixed by proclamation.