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 |
| | |
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 |
| | |
48 | To appoint Chaplains | Delegate of the Governor-General under regulation 45 |
| | |
48A | To appoint Principal Air Chaplains | CAS |
Provision | Power Given | Authority to whom Power is Transferred |
| | |
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.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Defence, aim to address the need for a more efficient legislative framework for personnel administration within the Australian Defence Force. This amendment, part of a broader review that began in 1982, seeks to streamline the administrative processes by transferring certain powers from the Governor-General-in-Council to the Minister for Defence or senior service officers. This shift is intended to better align formal legislative authority with practical responsibilities for personnel matters, thereby reducing the burden on the Governor-General and enhancing operational efficiency. The changes, which include the delegation of powers relating to the appointment and promotion of officers, are designed to facilitate more streamlined decision-making while ensuring that significant decisions concerning senior officers remain under the purview of the Governor-General where necessary.
Scope and Application
The Air Force Regulations, made under the Air Force Act 1923, govern the administration of the Australian Air Force, encompassing various aspects such as the appointment and promotion of officers, the assignment of chaplains, and the handling of probationary and acting appointments. The purpose of the statutory rule, issued under the authority of the Minister for Defence, is to amend these regulations by transferring certain powers from the Governor-General to the Minister for Defence or other senior officials within the Air Force, specifically the Chief of the Air Staff (CAS). This shift aims to streamline administrative processes by aligning formal legislative authority more closely with practical responsibilities for personnel matters, following a long-term review of legislative provisions. The amendments transfer powers relating to the appointment and promotion of officers, as well as the assignment of chaplains and confirmation of probationary appointments, from the Governor-General to designated delegates, thereby reducing the routine workload for the Governor-General-in-Council. These changes are designed to facilitate more efficient administration within the Air Force, while preserving the authority of the Governor-General in cases involving senior officers.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1984 No. 385 primarily serves to transfer certain administrative powers from the Governor-General to other authorities within the Air Force hierarchy. Specifically, section 46 of the amended regulation allows the delegate making an appointment to specify the part of the Air Force to which an officer is appointed, and whether the appointment is permanent or fixed-term. Section 48 now permits the appointment of Chaplains by a delegate of the Governor-General under regulation 45, while section 48A involves the appointment of Principal Air Chaplains by the Chief of the Air Staff (CAS). These changes streamline the process of appointing key personnel within the Air Force.
These amendments place specific obligations on the authorities vested with these powers. For example, section 55 imposes the responsibility on the CAS to terminate or confirm probationary appointments, as well as the authority to transfer officers between parts or branches of the Air Force, in addition to the Governor-General (section 57). Furthermore, section 59A mandates the CAS to confirm acting appointments made by them. These provisions are designed to ensure that personnel administration is handled efficiently and aligns with practical responsibilities.
Breaching the provisions of the amended Air Force Regulations could result in civil or criminal consequences. Although the specific offences, penalties, and consequences are not detailed in the provided text, it is clear that any failure to adhere to the new regulatory framework could lead to legal ramifications. The statutory rule's purpose is to align legislative authority with practical responsibility, thereby ensuring that the Air Force is administered effectively and efficiently. The amendments come into effect from the date of gazettal, ensuring that the changes are implemented promptly and uniformly across the Air Force.