EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 248
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AIR FORCE ACT 1923 - AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, prescribe conditions of service for members of the Air Force.
Regulations 60, 61, 62, 63, 64, 64A and 65 of the Air Force Regulations (the regulations affected by this Statutory Rule) contained various provisions prescribing conditions for appointment and promotion of Air Force officers.
Regulation 60 provided, in the case of an officer’s first appointment, for preference to be given to a person who had served in an expeditionary force. That provision was no longer required.
Regulation 1 of this Statutory Rule therefore repeals regulation 60.
Regulations 61 to 65 contained provisions relating to the examinations and periods of service which had hitherto been pre-requisites for appointment and promotion of Air Force officers up to and including the rank of flight lieutenant.
This Statutory Rule removes the requirement for promotion examinations and inserts a new provision to enable the Chief of the Air Staff to determine the periods of service which would be pre-requisites for promotion. The revised scheme provides a less rigid framework and enables
the Air force more easily to match the skills and career progression of officers with the requirements of the Air Force. As a consequence of removing the requirement for promotion examinations regulations which provided for promotion in some circumstances without examination are repealed.
The following is an outline of the repealed regulations and the new provision.
Regulation 61 provided that, except in time of war or defence emergency, a person could not be permanently appointed as an officer in the Active Force and an officer could not be permanently promoted until he had passed an examination approved by the Chief of the Air Staff.
Regulation 62 provided that officers provisionally appointed or promoted could be removed from office if they failed within 18 months (excluding any period of war or defence emergency) to pass the examination for the rank to which they had been appointed.
Regulation 63 enabled the Governor-General to waive the requirement for examination in the case of appointment or promotion for distinguished service in time of war or defence emergency or for exceptional gallantry on active service.
Regulation 64 provided for a pilot officer to be promoted to the rank of flying officer, subject to passing any prescribed examination, on completion of 12 months’ service in the rank of pilot officer.
Regulation 64A waived the requirement for any prescribed examination or period of service in the case of a pilot officer who was promoted to the rank of flying officer or flight lieutenant on successful completion of a tertiary course approved by the Chief of the Air Staff.
Regulation 65 provided for a flying officer to be promoted to the rank of flight lieutenant, subject to passing any prescribed examination, on completion of a period of service of either 2½ or 3 years, depending on his branch, previous service and qualifications.
Regulation 2 of this Statutory Rule repeals regulations 61 to 65 and substitutes a new regulation 65.
Sub-regulation (1) of the substituted regulation 65 enables the Chief of the Air Staff to determine by instrument in writing that:
(a) all officers; or
(b) officers included in a specified class of officers,
are not eligible for promotion -
(c) to specified ranks;
(d) in specified parts of the Air Force; or
(e) of a specified kind,
unless they have served for a specified period -
(f) in a specified rank; or
(g) in a specified rank in a specified part of the Air Force.
Sub-regulation 65(2) requires any specification, for the purpose of an instrument determined under sub-regulation (1), to be included in that instrument.
Sub-regulation 65(3) requires the Chief of the Air Staff, in making a determination under sub-regulation (1), to have regard to the following factors -
(a) the time required for officers to gain sufficient skill, experience or other qualification to be suitable for promotion;
(b) the career advancement needs of officers; and
(c) the need to ensure the availability of an adequate supply of officers suitable for promotion to particular ranks or in particular parts of the Air Force.
Sub-regulation 65(4) enables the Chief of the Air Staff, having regard to the factors specified in sub-regulation (3), to exempt a particular officer from compliance with a determination under sub-regulation (1).
It is envisaged that the general rules for time to be served before promotion will be established by determinations under sub-regulation 65(1) but that sub-regulation 65(4) will allow for accelerated promotion where the Air Force has a requirement matched by the skills of a particular officer or particular officers.
The amendments have effect from the date of gazettal of the Statutory Rule.