EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 296
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
CADET FORCES REGULATIONS (AMENDMENT)
The Cadet Forces Regulations (“the Regulations”), made under the Defence Act 1903. Naval Defence Act 1910 and Air Force Act 1923. provide for the organisation and administration of the three cadet bodies: the Australian Cadet Corps, the Naval Reserve Cadets and the Air Training Corps (“the cadet forces”).
Regulation 5 of the Regulations provides for the appointment of officers and instructors in the cadet forces. Subregulations 5(2) and 5(3) included provisions that prevented persons from being appointed as officers or instructors in the cadet forces after attaining the age of 56. This limitation was no longer required, as it is desired to widen the field of persons who can be considered for appointment.
The Statutory Rule removes the upper age limit of 56 years for appointment of officers and instructors in the cadet forces. The current retirement age of 60 remains unchanged.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Cadet Forces Regulations (Amendment) Statutory Rules 1990 No. 296, issued under the authority of the Minister for Defence Science and Personnel, was introduced to amend the existing Cadet Forces Regulations made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The primary issue addressed by this amendment is the removal of the upper age limit of 56 years for the appointment of officers and instructors in the cadet forces. This change was implemented to broaden the pool of eligible candidates for these positions, allowing for a more diverse and experienced group of personnel within the cadet forces. The current retirement age of 60 remains unaffected by this amendment.
This amendment aims to update the regulations to reflect contemporary standards and to enhance the effectiveness and efficiency of the cadet forces by allowing the appointment of qualified individuals regardless of their age, up to the statutory retirement age of 60. The change is intended to ensure that the cadet forces can draw from a wider talent pool, thus improving their overall administration and operational capabilities. The Statutory Rule came into effect on the date of its gazette publication.
Scope and Application
The Cadet Forces Regulations, as amended by the Statutory Rules 1990 No. 296, pertain to the organisation and administration of the Australian Cadet Corps, Naval Reserve Cadets, and Air Training Corps, collectively referred to as the cadet forces. These Regulations, established under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, apply to individuals involved in the appointment and employment of officers and instructors within these cadet forces. The amendment specifically removes the previous restriction on the upper age limit for such appointments, which previously prohibited individuals from being appointed after the age of 56. This change aims to broaden the pool of eligible candidates for these positions. Notably, the existing retirement age of 60 years for these roles remains unaffected by this amendment. The amendment comes into effect on the date of its gazette publication.
Key Provisions
The key operative sections of the Cadet Forces Regulations (Amendment) Statutory Rule 1990 No. 296 focus on updating the age restrictions for the appointment of officers and instructors within the cadet forces. Specifically, Regulation 5(2) and 5(3) previously stipulated an upper age limit of 56 years for these appointments, but this rule has been amended to remove that restriction (sections 3 and 4). This change means that individuals over the age of 56 can now be considered for officer and instructor positions in the Australian Cadet Corps, the Naval Reserve Cadets, and the Air Training Corps, provided they do not exceed the existing retirement age of 60 years (section 2). The amendment aims to broaden the pool of eligible candidates for these roles.
The amendment imposes no new obligations on the parties or entities it governs. Instead, it simply removes a previous restriction that had been in place. The Regulations, under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, continue to apply in all other respects. This means that the overall framework for the organisation and administration of the cadet forces remains unchanged, and the new rule does not introduce any additional administrative or procedural requirements for the appointment process.
There are no offences, penalties, or civil or criminal consequences specified in this Statutory Rule for breaching any of its provisions. The amendment is primarily a relaxation of existing rules to allow for a broader selection of candidates for officer and instructor positions. As such, the rule focuses on removing a restriction rather than imposing new sanctions or penalties. The existing provisions of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, which include penalties for non-compliance with regulations, remain in effect. The Statutory Rule comes into operation on the date of its gazettal, ensuring that the changes are implemented promptly and effectively.