Air Force Regulations (Amendment) 1998 No. 134
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 134
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Air Force Act 1923
Air Force Regulations (Amendment)
The Air Force Regulations ("the Principal Regulations") made under the Air Force Act 1923, set out, inter alia, the conditions of service for members of the Air Force.
Regulation 92 of the Principal Regulations prescribed the period of engagement for airmen voluntarily enlisting in one of the parts of the Air Force. For airmen enlisting in the Permanent Air Force, the period was 3, 6, 9, 12 or 15 years depending on employment category; for airmen enlisting in the Air Force Emergency Reserve, the period was 3 years; for airmen enlisting in the Air Force Active Reserve, the period was 2, 3, 4 or 5 years; and for airmen enlisting in the Air Force General Reserve or Air Force Specialist Reserve, the period was 5 years.
At the completion of this initial period, airmen were able to re-engage under regulation 106 of the Principle Regulations for 1, 2, 3, 4, 5, or 6 years in the Permanent Air Force; 2 years in the Air Force Emergency Force or Air Force Active Reserve; or 4 years in the Air Force General Reserve or Air Force Specialist Reserve.
In addition, regulation 106A of the Principle Regulations provided that the Chief of Air Force was able to offer an airman, who had completed not less than 12 years service, re-engagement until attaining retiring age.
Those provisions were too rigid to pen-nit the introduction of flexible employment practices in the Australian Defence Force as approved by the Minister. They were also inconsistent with the enlistment provisions for the Navy and Army. Therefore in order to allow flexible employment in the Air Force and to align the Air Force provisions with those of the Navy and Army, this Statutory Rule amends the Principal Regulations to provide that all new entrants may volunteer to serve as an airman in a particular part of the Air Force for either a fixed period or until attaining retiring age. This Statutory Rule also provides that at the end of a member's initial period of enlistment, the member may extend his or her enlistment for either a further fixed period or until attaining retiring age. In addition, this Statutory Rule makes a number of consequential amendments.
Details of the amendments made by this Statutory Rule are contained in the attachment to this Statement.
The Statutory Rule commences on 1 July 1998.
ATTACHMENT
DETAILS OF THE AMENDMENTS TO THE AIR FORCE REGULATIONS
This Statutory Rule amends regulation 92 of the Principal Regulations to provide that all new entrants may volunteer to serve as an airman in a particular part of the Air Force for either a fixed period or until attaining retiring age. (The duration of the fixed period that a person may volunteer to serve is determined at the time of his or her enlistment and will depend on the career phase of his or her particular occupational group.) (Regulation 3.)
The Statutory Rule amends regulation 106 of the Principal Regulations to provide that at the end of a member's initial period of enlistment the member will be able to extend his or her enlistment for either a further fixed period or until attaining retiring age. (Regulation 4.)
The Statutory Rule omits regulation 106A of the Principal Regulations as the matter of extending enlistment periods is now covered by regulation 106. (Regulation 5.) The Statutory Rule also makes consequential amendments to subregulation 92(3) and regulations 111 and 115 as a result of the omission of regulation 106A. (Regulations 3, 6 and 7.)
The Statutory Rule omits subregulation 92(5), which dealt with enlistment prior to the commencement of regulation 92 in 1952, as this provision no longer has practical effect. (Regulation 3.)
Overview
The Air Force Regulations (Amendment) 1998 No. 134 was enacted to address the rigidity of the existing enlistment provisions for airmen in the Australian Defence Force. This amendment aimed to facilitate the introduction of flexible employment practices within the Air Force and to align the Air Force's enlistment provisions with those of the Navy and Army. Issued under the authority of the Minister for Defence Industry, Science and Personnel, the objective of this amendment was to provide airmen with more flexible enlistment options, allowing them to volunteer for either a fixed period or until reaching retiring age. This change aimed to modernise the conditions of service and better accommodate the evolving needs of the Defence Force.
Scope and Application
The Air Force Regulations (Amendment) 1998 No. 134 amends the Air Force Regulations made under the Air Force Act 1923, which set out the conditions of service for members of the Air Force. The amendments pertain to the period of engagement for airmen enlisting in various parts of the Air Force, including the Permanent Air Force, Air Force Emergency Reserve, Air Force Active Reserve, Air Force General Reserve, and Air Force Specialist Reserve. The legislation provides flexibility for new entrants to volunteer for either a fixed period or until they attain retiring age, aligning the Air Force's enlistment provisions with those of the Navy and Army. At the completion of the initial enlistment period, airmen can extend their service for either a further fixed period or until they reach retiring age. The amendments also omit and replace certain regulations, making consequential changes to other parts of the Principal Regulations. The Statutory Rule commences on 1 July 1998 and applies nationally under Commonwealth jurisdiction.
Key Provisions
The Air Force Regulations (Amendment) 1998 No. 134, issued under the Air Force Act 1923, introduces significant changes to the enlistment and re-engagement provisions for airmen within the Australian Defence Force. The main operative sections of these amendments are regulation 92 and regulation 106 of the Principal Regulations, which are now altered to provide more flexibility in the terms of service. Regulation 92 (Regulation 3) now allows all new entrants to volunteer for service for either a fixed period or until they reach retiring age, with the specific duration of the fixed period determined at the time of enlistment based on the career phase of their occupational group. Regulation 106 (Regulation 4), on the other hand, permits airmen to extend their enlistment at the conclusion of their initial period for either a further fixed period or until they reach retiring age.
These amendments impose several obligations on airmen and the Air Force. Airmen now have the flexibility to choose between fixed-term enlistments and indefinite service until retirement, which aligns with similar provisions in the Navy and Army. This change requires airmen to make an informed decision about their career paths and service duration at the time of enlistment. The Air Force must also accommodate these flexible terms and manage the administrative processes associated with varied enlistment periods. Additionally, the Air Force is required to ensure that airmen are fully informed about their re-engagement options and the implications of their choices.
The amendments also address several consequential changes. Regulation 106A (Regulation 5) has been omitted because the new provisions in regulation 106 now cover the extension of enlistment periods. This omission necessitates updates to subregulation 92(3) and regulations 111 and 115 to reflect the changes (Regulations 3, 6, and 7). Furthermore, subregulation 92(5), which pertained to enlistment before the commencement of regulation 92 in 1952, has been removed as it no longer has practical relevance (Regulation 3). Non-compliance with these regulations could lead to administrative discrepancies or service disruptions. Although specific offences and penalties are not detailed in the provided text, breaches of military regulations generally carry serious consequences, including disciplinary action, potential discharge from service, and other administrative penalties as outlined in the Air Force Act 1923.