EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 117
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations (“the Regulations”), made under the Defence Act 1903 (“the Act”), provide for various matters relating to the administration of the Army, including provisions relating to discipline, the forfeiture of salary and allowances, the stating of complaints, Boards of Inquiry, the discipline and appointment of officers, the creation of the statutory office of Judge-Advocate-General (of the Army), and, for discipline purposes, modifications of the Army Act 1881 (UK) and the Rules of Procedure made under that Act.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline, forfeiture of salary and allowances, the stating of complaints and Boards and Courts of Inquiry; fuller details are provided below. As a result of this legislation consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Sections 54, 55 and 88 of the Act apply the Army Act (1881) (UK) and the Rules of Procedure made under the Army Act to the Australian Army and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, and creates the statutory office of Judge Advocate General of the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure.
(iii) Forfeiture of Salary and Allowances
A related matter is the forfeiture of salary and allowances of members of the Defence Force for which provision is made by section 119 of the Act and the regulations under the Act, the Naval Defence Act 1910 and the Air Force Act 1923. Section 53 of the Defence Force Re-organization Act 1975 replaced section 119 of the Act with a new section 119 (subsequently further amended by section 10 of the Defence Acts Amendment Act
1981) which provides that the regulations may make provision for the forfeiture or suspension of the salary and allowances of members of the Defence Force. Section 53 (and the further amendments) will be brought into operation on 3 July 1985, and new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations from that date.
(iv) Stating of Complaints
Another related matter is the right of a member of the Army to state a complaint to the member’s superiors and to have the complaint considered and determined. With effect from 3 July 1985 new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations.
(v) Officer Cadets
In conjunction with the bringing into force of the Defence Force Discipline Act 1982 and in anticipation of the opening of the Australian Defence Force Academy in January 1986, it is desired that cadets in the Army be accorded officer status (as is now the case in the Navy and the Air Force), and the rank title of
“officer cadet” will be introduced. The ranks of officers in the Army have, until now, been treated as being established by the custom of the Service.
In according cadets officer status, it is necessary that there continue to be provision to terminate the appointment of an officer cadet (eg, where the cadet is not making satisfactory progress or is unlikely to become an efficient officer) equivalent to the power currently available by reason of the fact that cadets are soldiers.
(vi) Boards and Courts of Inquiry
From 3 July 1985 provisions of tri-Service application will be introduced establishing a comprehensive system for Boards and Courts of Inquiry in the Defence Force, to be known as the Defence (Inquiry) Regulations.
Amendments of the Australian Military Regulations
Regulation 2 of the Statutory Rule inserts a new regulation 65 which prescribes the ranks of officers in the Army including the new rank of officer cadet.
Regulation 3 of the Statutory Rule amends regulation 74 (which deals, inter alia, with the appointment of officers on probation) to provide that an officer cadet, while holding that rank, remains on probation.
The Schedule to the Statutory Rule makes the necessary consequential repeals and amendments of the relevant provisions of the Regulations, including repeals of provisions relating to forfeiture of salary and allowances, the stating of complaints, Boards and Courts of Inquiry, the provisions modifying the Army Act 1881 (UK) and the Rules of Procedure made under that Act, and the statutory office of Judge-Advocate-General (of the Army).
Commencement
The repeals and amendments have effect from 3 July 1985.