EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 385
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, including the appointment of officers and chaplains, promotions, appointments on probation, the transfer of officers between branches and parts of the Air Force and acting appointments.
Since 1982, there has been an extensive review of legislative provisions relating to personnel administration in the Defence Force. The objective has been to substantially reduce the volume of routine personnel matters requiring action by the Governor-General-in-Council, with the authority for formal action in such matters being transferred to the Minister for Defence or senior Service officers. This has aligned formal legislative authority more closely with practical responsibility for personnel matters.
Action so far has included extensive delegation of the Governor-General’s powers, particularly in relation to the appointment and promotion of officers. The Defence Act, the Naval Defence Act and the Air Force Regulations have also been amended to vest various powers in the Minister or Chiefs of Staff with authority to further delegate the powers.
This Statutory Rule is part of a concluding stage in this exercise. The Statutory Rule amends various provisions of the Air Force Regulations to transfer powers from the Governor-General. The table below identifies the provisions affected, briefly indicates their nature and states the authority in whom the power is proposed to be vested. In some cases, powers also remain exercisable by the Governor-General to accommodate cases relating to senior officers.
TABLE
Abbreviation: CAS - Chief of the Air Staff
Provision | Power Given | Authority to whom Power is Transferred |
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46 | To specify the part of the Air Force to which an officer is appointed and whether the appointment is permanent or fixed-term | Delegate making the appointment |
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48 | To appoint Chaplains | Delegate of the Governor-General under regulation 45 |
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48A | To appoint Principal Air Chaplains | CAS |
Provision | Power Given | Authority to whom Power is Transferred |
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55 | To terminate or confirm probationary appointments | CAS in addition to Governor-General |
57 | To transfer officers between parts or branches of the Air Force | CAS in addition to Governor-General |
59A | To confirm acting appointments made by CAS | Provision repealed |
60A | To appoint or promote officers without examination in time of war etc | Provision repealed - power now exercisable by CAS under regulations 52 and 65 |
103 | To appoint or promote non-commissioned officers without examination by reason of distinguished service in war etc | Provision repealed - power now exercisable by CAS under regulations 100 and 102 |
Transitional Provisions
Transitional provisions are included where necessary to preserve action taken under amended regulations prior to amendment.
Commencement
The amendments have effect from the date of gazettal of the Statutory Rule.