EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 340
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, prescribe various matters relating to the administration of the Air Force.
This Statutory Rule amends various regulations providing for appointment, rank, seniority and retiring age of officers.
Regulation 1 of the Statutory Rule amends regulation 4 to delete references to the ranks of Air Cadet and Cadet Aircrew. These ranks are replaced by those of Officer Cadet and Non-commissioned Officer Cadet.
Regulation 2 of the Statutory Rule amends regulation 50 to include the new rank of Officer Cadet. A further amendment omits sub-regulation 50(3) to delete reference in that regulation to the relative seniority of officers. It is not necessary to prescribe rules for seniority as it is no longer a basis for promotion.
Regulation 3 of the Statutory Rule repeals regulation 50A, which applied the seniority provisions to female officers and is otiose following the omission of sub-regulation 50(3).
Regulation 4 of the Statutory Rule repeals the following regulations: 52, 52A, 53, 54, 54AA and 54A. These regulations, which prescribed the conditions governing the appointment of officers to various Branches of the Air Force, were incomplete. A new regulation 52 is substituted to enable the Chief of the Air Staff to determine the education, training, experience or other qualifications necessary for appointments to specified ranks, in specified parts of the Air Force, or of a specified kind.
Regulation 55 of the Air Force Regulations provides for appointments to be on probation. Regulation 5 of the Statutory Rule amends regulation 55 to increase the period of probation from 2 years to the period of initial training plus 2 years, but not to exceed 3 years in all unless the officer is an Officer Cadet. For Officer Cadets, the probationary period is the period of cadetship plus 2 years.
Regulation 6 of the Statutory Rule amends regulation 88 to include retiring ages for the new rank of Officer Cadet. The amendment prescribes 45 years as the retiring age for an Officer Cadet in the General Duties Branch, and 55 years for an Officer Cadet in other branches.
Regulation 7 of the Statutory Rule repeals regulations 97 and 97A which dealt with enlistment of Air Cadets.
Regulation 8 of the Statutory Rule amends regulation 101 to omit reference to the ranks of Air Cadet and Cadet Aircrew, and substitutes a reference to the rank of Non-commissioned Officer Cadet.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Air Force Regulations (Amendment) Statutory Rule 1997 was enacted to address the need for updated and comprehensive regulations governing the administration of the Air Force, particularly in relation to the appointment, rank, seniority, and retiring age of officers. This amendment was issued under the authority of the Minister for Defence, in accordance with the Air Force Act 1923. The policy objective of these amendments is to modernise the regulatory framework to better align with contemporary practices and requirements of the Air Force, including the restructuring of cadet ranks, the removal of seniority as a basis for promotion, and the updating of probationary and retiring age provisions. The changes also reflect the integration of female officers within the Air Force, ensuring that the regulations are inclusive and equitable. The amendments came into effect from the date of their gazettal, ensuring that the Air Force Regulations are current and effective in guiding the administration of the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1997 amends various provisions under the Air Force Act 1923, impacting the administration of the Air Force. The amendments primarily pertain to the ranks of Air Cadet and Cadet Aircrew, which are replaced with the ranks of Officer Cadet and Non-commissioned Officer Cadet. Regulation 4 and subsequent regulations have been modified to reflect these changes, including alterations to the seniority provisions, conditions for officer appointments, probationary periods, and retiring ages for the newly introduced ranks. The rule also repeals several regulations concerning the former ranks that are now obsolete. These changes apply to officers within the Australian Air Force and are in effect from the date of gazettal of the Statutory Rule. No specific exclusions or exemptions are stated within the text, and the amendments are directly applied without the need for subordinate instruments.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule, 1997, introduces several key amendments to the Air Force Regulations, made under the Air Force Act 1923. These amendments are designed to modernise and refine the structures related to officer appointments, ranks, and seniority within the Air Force. Regulation 1 (s.1) removes the ranks of Air Cadet and Cadet Aircrew, replacing them with Officer Cadet and Non-commissioned Officer Cadet. Regulation 2 (s.2) updates regulation 50 to include the new rank of Officer Cadet and removes the reference to relative seniority as a basis for promotion by deleting sub-regulation 50(3). This change signifies a shift away from seniority-based promotions to a more merit-based approach.
The amendments also address the conditions for officer appointments and the structure of ranks. Regulation 4 (s.4) repeals several incomplete regulations (52, 52A, 53, 54, 54AA, and 54A) that prescribed conditions for officer appointments to various branches. In their place, a new regulation 52 is introduced, granting the Chief of the Air Staff the authority to determine the necessary education, training, experience, or other qualifications for appointments to specified ranks, parts, or kinds within the Air Force. Regulation 5 (s.5) amends regulation 55 to adjust the probationary period for officers. The probation period is now set to be the length of initial training plus 2 years, but it cannot exceed 3 years unless the officer is an Officer Cadet. For Officer Cadets, the probationary period is the period of cadetship plus 2 years.
Further amendments include changes to retiring ages and the elimination of cadet-related enlistment regulations. Regulation 6 (s.6) amends regulation 88 to specify retiring ages for the new rank of Officer Cadet, setting the age at 45 years for those in the General Duties Branch and 55 years for those in other branches. Regulation 7 (s.7) repeals regulations 97 and 97A, which previously dealt with the enlistment of Air Cadets. Finally, Regulation 8 (s.8) updates regulation 101 to reflect the changes in rank nomenclature by omitting references to Air Cadet and Cadet Aircrew and substituting them with Non-commissioned Officer Cadet. These changes collectively aim to streamline and update the administrative framework governing the Air Force.