Cadet Forces Regulations 1977

Overview

The Cadet Forces Regulations 1977, enacted under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, aim to regulate the organisation, service, conduct, and disciplinary measures within the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets. This legislative instrument, prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, consolidates the various amendments made to the original regulations, including those from 1977 to 2007. It provides a comprehensive framework for the administration, training, and conduct of cadets and their officers. The regulations establish procedures for the appointment and discharge of officers and cadets, set out the ranks within each cadet force, and detail the disciplinary sanctions for breaches of the cadet force's Code of Conduct. Additionally, it addresses specific issues such as the supply of intoxicating liquor to cadets under 18 years of age in uniform and the procedural fairness in disciplinary reviews. The regulations are designed to ensure the cadet forces operate effectively and in accordance with the overarching principles of discipline, safety, and respect within the cadet community.

Scope and Application

The Cadet Forces Regulations 1977, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, govern the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets. The Regulations apply to officers, instructors, and cadets within these cadet forces. They establish the organisational structure, eligibility criteria, and operational procedures for the cadet forces, including the appointment and responsibilities of officers and instructors, cadet enlistment and service conditions, and the conduct expected from all members. The Regulations also outline the ranks within each cadet force and the disciplinary measures that can be taken for breaches of the Code of Conduct. Notably, the Regulations provide for the application of the Criminal Code to offences against these Regulations and include provisions related to procedural fairness in decision-making processes affecting cadet members. Geographic or jurisdictional reach of the Regulations is primarily within Australia, as they are federal instruments under the Acts mentioned. There are no specific exclusions noted, but the Regulations do interact with state or territory laws, particularly in relation to firearms and child protection procedures. The application of the Regulations can be extended or modified through subordinate instruments as evidenced by the various amendments and updates listed in the legislative history.

Key Provisions

• The Cadet Forces Regulations 1977, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, set out the structure and governance of cadet forces in Australia. They establish the framework for the organisation of cadet forces, the roles and responsibilities of officers, instructors, and cadets, and the conduct expected of all members. The regulations provide for the appointment and dismissal of officers and instructors, set the minimum and maximum ages for cadet membership, and outline the ranks within the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets. They also mandate adherence to a Code of Conduct, which includes principles such as honesty, integrity, respect, and compliance with applicable laws. Offences under these regulations, such as supplying intoxicating liquor to cadets under 18 years of age in uniform, carry specific penalties, including fines and potential criminal charges. The regulations further impose obligations on service chiefs to ensure procedural fairness in decisions affecting cadets and other members, including providing opportunities for review and representation.
• The obligations imposed by the Cadet Forces Regulations 1977 on the parties they govern are multifaceted. Service chiefs are responsible for the appointment and dismissal of officers and instructors, ensuring that all appointees have read and agreed to abide by the Code of Conduct. They must also oversee cadet enrolments, ensuring that prospective cadets meet the age requirements and adhere to the Code of Conduct. Additionally, service chiefs are tasked with the promotion and discipline of members, ensuring that promotions are based on merit and that disciplinary actions are carried out in accordance with the principles of procedural fairness. Members of cadet forces, including officers, instructors, and cadets, are required to comply with the Code of Conduct, which includes behaving honestly, respecting others, and adhering to applicable laws. Failure to meet these obligations can result in sanctions ranging from formal counselling to discharge from the cadet force.
• The Cadet Forces Regulations 1977 also establish offences and penalties for breaches of the regulations. For instance, supplying intoxicating liquor to cadets under 18 years of age in uniform is an offence punishable by a penalty of 1 penalty unit. Similarly, any person who sells or supplies intoxicating liquor to a cadet under 18 years of age in uniform is liable for an offence. These offences are considered strict liability offences, meaning that the intent of the person supplying the liquor is not a necessary element of the offence. Furthermore, any breaches of the Code of Conduct by members can result in sanctions imposed by the service chief, including formal counselling, reprimand, reduction in rank, suspension of duties, or discharge from the cadet force. The regulations underscore the importance of maintaining discipline and adherence to the Code of Conduct within cadet forces.

Legal classification tags

Area of Law

Defence & Military Law

Instrument

Regulation

Concepts

Definitions & Interpretation

Delegation

Offence Provisions

Reporting & Disclosure Obligations

Prohibited Conduct

Regulatory Standards