EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO 78
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
Section 33 of the Defence Act 1903 (“the Act”) provides that the Army shall be organised as prescribed or, where there is no provision or insufficient provision made by the Act or the regulations, as determined by the Chief of the General Staff.
Regulations 22, 23, 24 and 25 of the Australian Military Regulations (“the Regulations”) establish, for the purposes of section 33 of the Act, the following career Divisions for officers of the Army:
a. the Specialist Service Officer Division,
b. the Prescribed Service Officer Division, and
c. the General Service Officer Division.
Regulation 76 of the Regulations provides that the Governor-General may transfer or second an officer from one part of the Army to another but did not enable an officer to be transferred or seconded from one career Division to another.
This Statutory Rule amends the Regulations to enable an officer to be transferred or seconded from one career Division to another.
Regulation 1 of the Statutory Rule amends regulation 23 to include in the Specialist Service Officer Division any officer transferred to that Division from another Division.
Regulation 2 of the Statutory Rule amends regulation 24 to include in the Prescribed Service Officer Division any officer transferred to that Division from another career Division.
A corresponding amendment is not required in relation to the General Service Officer Division which is defined in regulation 25 to consist of officers who are not included in the Specialist Service or Prescribed Service Officer Divisions.
Regulation 3 of the Statutory Rule amends sub-regulation 76(1) to enable the Governor-General to transfer or second an officer from one career Division to another. Since a transfer may involve a variation in an officer’s retiring age, a further amendment includes a new sub-regulation 76(4) which provides that an officer may not be transferred from one career Division to another without his written consent.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1984 were enacted to address a specific gap in the Australian Military Regulations, particularly regarding the transfer of officers between different career divisions within the Army. This amendment was introduced to enhance the flexibility and efficiency of personnel management within the military, ensuring that officers could be reallocated between divisions as required to meet operational needs. The rules were issued under the authority of the Minister for Defence, reflecting a policy objective to streamline the administrative processes within the Defence Act 1903. By allowing officers to be transferred between career divisions, the amendment aims to facilitate better career development and responsiveness to the changing requirements of the Army.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rule 1984 No 78, issued under the authority of the Minister for Defence, amends the Australian Military Regulations to introduce the capability for officers within the Australian Army to be transferred or seconded between different career divisions. This amendment is pertinent to officers who serve in the Specialist Service Officer Division, the Prescribed Service Officer Division, and the General Service Officer Division, as delineated in the existing Regulations. The amendments facilitate the transfer or secondment of officers across these divisions, subject to the written consent of the officer involved, and adjust the definitions and inclusions within the Specialist Service and Prescribed Service Officer Divisions accordingly. The changes are applicable from the date of gazettal of the Statutory Rule, thereby extending the operational framework of the Australian Military Regulations in alignment with the Defence Act 1903. These amendments do not introduce any new exclusions or exemptions, nor do they alter the jurisdictional scope of the Regulations, which remains within the Commonwealth framework.
Key Provisions
The key provisions of this Statutory Rule are primarily found in Regulations 23, 24 and 76 of the Australian Military Regulations, which are being amended to facilitate the transfer or secondment of officers from one career Division to another. Regulation 23 is amended to include any officer transferred to the Specialist Service Officer Division from another Division (Regulation 1), while regulation 24 is amended to include any officer transferred to the Prescribed Service Officer Division from another career Division (Regulation 2). Regulation 76 is amended to enable the Governor-General to transfer or second an officer from one career Division to another, but importantly, an officer may not be transferred without their written consent (Regulation 3). These amendments provide flexibility in the management of Army officers by allowing for inter-divisional transfers or secondments, subject to the officer's consent.
Under the amended Regulations, the obligations on the parties involved, particularly the Governor-General and the officers themselves, have been clarified. The Governor-General now has the authority to facilitate transfers or secondments between career Divisions, but this can only occur with the written consent of the officer concerned. This ensures that officers have a say in their career progression and deployment within the Army. Officers, on the other hand, have the responsibility to provide their consent in writing if they wish to be transferred or seconded to another Division. This consent process ensures that officers are aware of and agree to any potential changes in their duties, responsibilities, or retiring age that may accompany a transfer.
The Statutory Rule also addresses the consequences of breaching the amended Regulations. However, the Explanatory Statement does not explicitly detail any specific offences, penalties, or civil or criminal consequences for non-compliance with the new provisions. It is likely that any breaches of the Regulations would be dealt with under the Defence Act 1903 and other relevant legislation, which may include disciplinary action, fines, or other penalties. It is important for the parties involved to be aware of these potential consequences and to ensure compliance with the amended Regulations to avoid any adverse outcomes.