Cadet Forces Amendment Regulations 1999 (No. 1) 1999 No. 152
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 152
Issued by the Authority of the Minister for Defence
Defence Force Act 1903
Naval Defence Act 1910
Air Force Act 1923
Cadet Forces Amendment Regulations 1999 (No. 1)
The Cadet Forces Regulations ("the Principal Regulations"), made under the Defence Act 1903, Naval Defence Act 1910 and Air Force Act 1923 ("the Acts"), set out, inter alia, the conditions of service for members of the Naval Reserve Cadets, Australian Cadet Corps and Air Training Corps.
Paragraph 62(5)(a) of the Defence Act, paragraph 38(5)(a) of the Naval Defence Act and paragraph 8(5)(a) of the Air Force Act provide that a person is not entitled to volunteer, or to be accepted, as a cadet unless the person has attained such age as is prescribed. Subregulation 7(1) of the Principal Regulations provided that for the purposes of those provisions, the prescribed age was 13 years. This Statutory Rule amends the Principal Regulations so that the prescribed age is 12 years and 6 ' months. For administrative reasons, there are two intakes each year for persons wishing to join the cadet forces: January and July. The amendment enables those persons, who previously had to wait until the July intake to join the cadet forces, to join in the January intake at the same time as their peers.
Subregulation 12(1) of the Principal Regulations provides that an instructor or officer in a cadet force shall retire from the cadet force on attaining the age of 60 years. Subregulation 12(2) provided that the service chief may extend the appointment of an instructor or officer for a period not exceeding two years, or from time to time for successive periods that do not exceed a total of two years. This Statutory Rule amends subregulation 12(2) to enable the service chief to extend the appointment of an instructor or officer for one or more successive periods of two years. The discretion to extend the appointment will only be exercised by the service chief when the officer or instructor consents to the extension, when it is in the interest of the cadet force and when the officer or instructor remains fit and suitable for further service.
Subregulation 10(1) of the Principal Regulations provides that the ranks in a cadet force shall be as specified in Schedule 1 (for the Naval Reserve Cadets), Schedule 2 (for the Australian Cadet Corps) and Schedule 3 (for the Air Training Corps). Column 3 of Schedules 1, 2 and 3 lists the ranks of officers in their respective cadet force, with the senior rank previously being Commander or equivalent. This Statutory Rule amends Schedules 1, 2 and 3 of the Principal Regulations to increase the senior rank to that of Captain (in the Naval Reserve Cadets), Colonel (in the Australian Cadet Corps) and Group Captain (in the Air Training Corps). This enables the establishment of a titular officer-in-command position.
This Statutory Rule also amends Column 3 of Schedule 1 (to add the junior rank of "Acting SubLieutenant" in the Naval Reserve Cadets) and Column 3 of Schedule 2 (to add the junior rank of "Second Lieutenant" in the Australian Cadet Corps). This amendment makes the ranks available in the Naval Reserve Cadets and the Australian Cadet Corps consistent with those available in the Air Training Corps.
This Statutory Rule also changes the name of the Principal Regulations to the Cadet Forces Regulations 1977.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Cadet Forces Amendment Regulations 1999 (No. 1) were enacted to make various amendments to the Cadet Forces Regulations, which are administered under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. These regulations address a gap by modifying the eligibility criteria for cadet membership, extending the service period for instructors and officers, and updating the rank structure within the cadet forces. The amendments were issued by the authority of the Minister for Defence and are intended to improve the operational efficiency and administrative consistency of the cadet forces. The regulations were designed to streamline the cadet intake process, enhance the service potential of experienced instructors and officers, and align the rank structures across different cadet forces, all while maintaining the integrity and purpose of the cadet training programs.
Scope and Application
The Cadet Forces Amendment Regulations 1999 (No. 1) applies to the Cadet Forces which include the Naval Reserve Cadets, Australian Cadet Corps, and Air Training Corps, under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923 respectively. These regulations affect the individuals who are eligible to volunteer or be accepted as cadets, the instructors or officers who are eligible to serve in these forces, and the ranks available within these cadet forces. The amendment specifies the age requirements for cadet volunteers, extending eligibility to those who have attained 12 years and 6 months, and modifies the retirement age for instructors and officers to enable extensions under certain conditions. Furthermore, the amendment updates the ranks available within the cadet forces, introducing higher senior ranks and additional junior ranks to align the ranks across all cadet forces. The regulations are applicable nationally across Australia, given their foundation under Commonwealth acts. There are no exclusions or exemptions stated within the scope of these regulations. The application of these regulations may be further detailed or extended through subordinate instruments as necessary.
Key Provisions
The Cadet Forces Amendment Regulations 1999 (No. 1) primarily amend the Cadet Forces Regulations 1977, which are made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. The most significant changes include adjustments to the age requirements for cadet membership, the retirement age for instructors and officers, and the ranks within the cadet forces. Firstly, the prescribed age for volunteering as a cadet is reduced from 13 years to 12 years and 6 months (reg 7(1)). This amendment allows eligible individuals to join the cadet forces in the January intake rather than waiting until July. Secondly, the regulation concerning the retirement age for instructors and officers has been amended (reg 12(2)). The service chief now has the authority to extend the appointment of an instructor or officer for one or more successive periods of two years, provided the officer or instructor consents to the extension, it is in the interest of the cadet force, and the officer or instructor remains fit and suitable for further service. Thirdly, the ranks within the cadet forces have been restructured (Schedules 1, 2, and 3). The senior rank has been increased to Captain (in the Naval Reserve Cadets), Colonel (in the Australian Cadet Corps), and Group Captain (in the Air Training Corps), enabling the establishment of a titular officer-in-command position. Additionally, junior ranks have been added to the Naval Reserve Cadets and the Australian Cadet Corps, aligning them with the ranks available in the Air Training Corps.
The obligations imposed by these regulations on the parties involved are primarily administrative and procedural. For prospective cadets, the primary obligation is to meet the new age requirement of 12 years and 6 months to be eligible for membership. Instructors and officers must comply with the new retirement provisions, which allow for extensions under certain conditions, and they must remain fit and suitable for service. The service chief must exercise discretion in extending appointments, ensuring the interests of the cadet force are served while considering the consent and fitness of the officers and instructors. The regulations also require the updating of rank structures and titles within the cadet forces, which involves administrative changes to documentation and communication within the forces.
Breach of these regulations could lead to various consequences, although specific offences and penalties are not detailed in the provided text. Generally, failure to comply with the age requirement could result in disqualification from cadet membership. Instructors and officers who do not adhere to the retirement provisions or who are found unfit for service could face removal from their positions. The establishment of new ranks and titles necessitates updating records and training materials, and failure to do so could result in administrative penalties or inefficiencies within the cadet forces. However, the specific legal consequences for non-compliance are not outlined in the provided text, and further investigation into the primary Acts and related legislation would be necessary to determine the exact penalties and enforcement mechanisms.