EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 63
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, provide for various matters relating to the administration of the Air Force.
Regulation 88 of the Air Force Regulations prescribes ages for the compulsory retirement of officers of the Air Force.
This Statutory Rule amends regulation 88 to reduce the compulsory retirement ages prescribed for some senior officers.
In the table to sub-regulation 88(1), an age of 57 was prescribed for an air vice-marshal in the General Duties Branch and 60 for an air vice-marshal in other branches. The age prescribed for an air commodore or group captain in the General Duties Branch was 55. In other branches, the age prescribed for an air commodore was 58 and, for a group captain, was 57.
Regulation 1 of this Statutory Rule amends the table to sub-regulation 88(1) to prescribe a compulsory retirement age of 57 for all air vice-marshals and 55 for all air commodores and group captains.
Regulation 3 of this Statutory Rule enables officers whose retirement ages are affected by the amendment to elect to serve until attaining their former compulsory retirement age where that is greater than the new age. The former, higher, retirement age continues to be the prescribed retirement age for an officer who has already passed the new, lower, retirement age for his rank.
Regulation 2 of this Statutory Rule contains an unrelated amendment to substitute the amount of $144.04 for $114.04 in item 5 of Schedule 5 to the Air Force Regulations.
Schedule 5 prescribes the rates at which the cost of hospital treatment may be recovered from a member who has an enforceable claim against a third party for the injury which led to the provision of treatment. The amendment was necessary to correct a printing error in Statutory Rules 1982 No 221, which added Schedule 5 to the Air Force Regulations.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1983 No 63, issued under the authority of the Minister for Defence, were enacted to address the compulsory retirement ages of certain senior officers within the Air Force. This legislative amendment responds to the need to streamline the retirement ages of air vice-marshals, air commodores, and group captains, thereby ensuring consistency across different branches. By reducing the compulsory retirement ages for these ranks and providing an option for affected officers to extend their service, the amendments aim to better align the Air Force's human resources management with contemporary standards and operational needs. Additionally, the rules correct a previously identified error in the rates for recovering hospital treatment costs from members with claims against third parties, ensuring accuracy and fairness in financial recoveries.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1983 No 63, issued under the authority of the Minister for Defence, primarily concerns the adjustment of compulsory retirement ages for certain ranks within the Australian Air Force. The Act applies to officers in specific ranks, namely air vice-marshals, air commodores, and group captains, across all branches of the Air Force. The amendment reduces the compulsory retirement age to 57 for air vice-marshals, 55 for air commodores, and 55 for group captains, irrespective of their branch. This amendment aims to modernise the retirement policies for these senior ranks and potentially accommodate changes in operational demands and career longevity. The Act's reach is limited to the Commonwealth level, governing federal Air Force personnel. Notably, the Statutory Rule also provides an option for affected officers to elect to serve until they reach their former compulsory retirement age if it exceeds the newly prescribed age. Additionally, the amendment rectifies a typographical error in the recovery rates for hospital treatment costs from members who have claims against third parties. The changes outlined in the Statutory Rule take effect from the date of their gazettal.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule (No 63 of 1983) makes several amendments to the Air Force Regulations, particularly focusing on the compulsory retirement ages for certain ranks within the Air Force. Regulation 1 of the Statutory Rule amends the table in sub-regulation 88(1) of the Air Force Regulations, which previously specified different compulsory retirement ages for air vice-marshals, air commodores, and group captains based on their branch of service. The amendment standardises the compulsory retirement ages for these ranks, setting the age at 57 for all air vice-marshals, 55 for all air commodores, and 55 for all group captains, regardless of their branch. These changes unify the retirement ages for these ranks, creating a more consistent policy across different branches of the Air Force.
The obligations imposed by this Statutory Rule on the parties it governs primarily concern the application of the new compulsory retirement ages. Under Regulation 1, the Air Force must adhere to the new ages specified for the compulsory retirement of air vice-marshals, air commodores, and group captains. Regulation 3 provides flexibility for officers who are affected by the new retirement ages, allowing them to elect to serve until they reach their former compulsory retirement age if it is higher than the new age. This provision ensures that officers who have already surpassed the new retirement age continue to be governed by their previous retirement age, maintaining fairness in the application of the new rules.
The Statutory Rule also outlines consequences for non-compliance with the amended regulations. While the Rule does not explicitly state offences or penalties, breaches of the Air Force Regulations generally may result in disciplinary action under the Air Force Act 1923. This could include administrative penalties, demotion, or dismissal, depending on the severity of the breach. Additionally, officers who do not comply with the new compulsory retirement provisions may face legal repercussions if their continued service is deemed unlawful under the amended regulations. The new compulsory retirement ages come into effect from the date of gazettal of the Statutory Rule, making compliance mandatory from that point forward.