EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 57
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.
Airmen in the Air Force are initially enlisted for fixed terms, and the past practice has been that they are re-engaged for successive fixed terms.
In accordance with new arrangements adopted in 1987, regulation 106A of the Regulations empowers the Chief of the Air Staff to offer suitable airmen re-engagement to retiring age, provided their health and conduct is satisfactory and they have completed at least 12 years service.
This Statutory Rule provides that any previous service in the Navy or Army, as well as Air Force service, will count towards satisfying the requirement for 12 years service that is prescribed in regulation 106A.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister for Defence Science and Personnel, were enacted to address the gap in the eligibility criteria for airmen to be re-engaged for successive fixed terms in the Air Force beyond their initial enlistment. This amendment to the Air Force Regulations, made under the Air Force Act 1923, specifically updates regulation 106A to include service in the Navy or Army towards the 12-year service requirement for re-engagement. This change ensures that airmen who have served in any of the three branches of the Defence Force are considered for continued service if they meet the health, conduct, and service duration criteria. The policy objective is to provide a more inclusive approach to recognising the cumulative service of Defence personnel, thereby enhancing retention and career progression opportunities within the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1988 No. 57, issued under the authority of the Minister for Defence Science and Personnel, amend the Air Force Regulations made under the Air Force Act 1923. These amendments are specifically targeted at airmen in the Air Force who are subject to initial enlistment for fixed terms and the subsequent re-engagement process. The amendments allow for the re-engagement of suitable airmen to retiring age, provided that they meet certain conditions including satisfactory health and conduct, and the completion of at least 12 years of service. Importantly, this Statutory Rule extends the scope of the 12-year service requirement to include previous service in the Navy or Army, in addition to Air Force service, thereby broadening the eligibility for re-engagement under regulation 106A. The amendments apply on a national level, as they are issued under Commonwealth authority, and there are no stated exclusions or exemptions beyond those outlined in the Regulations themselves. The Statutory Rule takes effect on the date it is gazetted.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1988 No. 57, issued under the authority of the Minister for Defence Science and Personnel, modifies the Air Force Regulations (the Regulations) to alter the terms of re-engagement for airmen. Regulation 106A (106A), which previously only considered service within the Air Force for the determination of re-engagement eligibility, now includes service in the Navy and Army towards the 12-year service requirement. This amendment ensures that the total service across all three branches of the Defence Force is considered when deciding on the re-engagement of airmen nearing retirement age, provided they meet the health and conduct criteria.
The obligation imposed by this amendment on airmen who have served in multiple branches of the Defence Force is that their cumulative service will now be recognised for the purposes of eligibility for re-engagement. This means that airmen who have served at least 12 years in total across the Navy, Army, and Air Force will be eligible for re-engagement to the retiring age, subject to their satisfactory health and conduct. This change in the Regulations aims to provide a more comprehensive assessment of an airman's eligibility for extended service, recognising their broader contributions to the Defence Force.
The Statutory Rule imposes a clear requirement on the Chief of the Air Staff to consider the total service of airmen when deciding on their re-engagement. By incorporating service from all branches, the Chief of the Air Staff must evaluate the combined service history of each airman to determine their eligibility. This evaluation must be conducted in accordance with the criteria set out in regulation 106A, which includes satisfactory health and conduct.
Breach of the provisions in the Air Force Regulations, including the new requirements set out in this Statutory Rule, can result in disciplinary action or other consequences as prescribed under the Air Force Act 1923. While the Statutory Rule itself does not specify penalties, the overarching Act provides for a range of sanctions, including fines and imprisonment, for violations of its provisions. The specific penalties would depend on the nature and severity of the breach, and would be determined in accordance with the existing legislative framework.