Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016
Defence Act 1903
I, Air Chief Marshal Mark Binskin, AC, Chief of the Defence Force, make the following directions and authorisations using powers vested in me under Part V of the Defence Act 1903.
Dated this 23 day of June 2016
Signed by Mark Binskin
MD Binskin, AC
Air Chief Marshal
Chief of the Defence Force
1 Name of direction
This document is the Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016.
2 Commencement
The directions and authorisations in this document commence on 1 July 2016.
3 Authority
I make these directions and authorisations using my powers under:
(a) section 62 of the Defence Act 1903;
(b) subsections 62A(3) and 62A(4) of the Defence Act 1903.
4 Cancellation of previous directions
I cancel any previous directions, authorisations and delegations, however described, I have provided to the Vice Chief of the Defence Force, to a Service Chief, or to any other member of the Australian Defence Force, in relation to the administration of the ADF Cadets.
5 Directions to Vice Chief of the Defence Force
1. I direct the Vice Chief of the Defence Force to establish policy requirements that apply to the ADF Cadets. In particular, the Vice Chief of the Defence Force is to establish policy requirements dealing with:
a. the acceptance of persons to be officers, instructors or cadets in the ADF Cadets, and circumstances when acceptance will be cancelled;
b. standards of behaviour required of officers, instructors and cadets in the ADF Cadets;
c. suitability screening of people who are, or volunteer to be, involved in the ADF Cadets; and
d. any other matters relating to the ADF Cadets.
2. I direct the Vice Chief of the Defence Force with input from the three Service Chiefs to prepare a report on the administration of the ADF Cadets for my consideration, as soon as possible after the end of each financial year and for inclusion in the Defence Annual Report.
6 Directions to Service Chiefs
1. I direct the Chief of Navy to administer the Australian Navy Cadets in accordance with the policy requirements established by the Vice Chief of the Defence Force.
2. I direct the Chief of Army to administer the Australian Army Cadets in accordance with the policy requirements established by the Vice Chief of the Defence Force.
3. I direct the Chief of Air Force to administer the Australian Air Force Cadets in accordance with the policy requirements established by the Vice Chief of the Defence Force.
7 Direction to Australian Defence Force members
I direct Australian Defence Force members who are assisting the Vice Chief of the Defence Force or a Service Chief in the administration of the ADF Cadets to do so in accordance with the policy requirements established by the Vice Chief of the Defence Force.
8 Authority to accept and cancel persons as officers, instructors and cadets
I authorise ADF members, APS Defence employees and officers and instructors in the ADF Cadets to accept or cancel the acceptance of a persons on my behalf as officers, instructors or cadets in the ADF Cadets in accordance with the policy requirements established by the Vice Chief of the Defence Force.
Note: Payments to ADF Cadets are authorised by the Defence (Payments to ADF Cadets) Determination 2016, made under section 62B of the Defence Act 1903.
Overview
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016 was enacted to address the need for a structured policy framework governing the administration of the Australian Defence Force (ADF) Cadets. This notifiable instrument was developed under the authority of Part V of the Defence Act 1903 and was introduced to provide clarity and uniformity in the management of the ADF Cadets, ensuring that all activities align with the overarching goals and standards of the Australian Defence Force. Enacted by Air Chief Marshal Mark Binskin, the Chief of the Defence Force, the primary policy objective is to establish stringent policy requirements for the acceptance, behaviour, and suitability screening of individuals involved in the ADF Cadets, as well as to streamline the reporting and administrative processes for these cadet programs. This legislation seeks to ensure that the ADF Cadets are administered in a manner that reflects the high standards and operational requirements of the ADF.
Scope and Application
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016 provides comprehensive directives and authorisations for the administration of Australian Defence Force (ADF) Cadets under the Defence Act 1903. The Act applies to ADF Cadets, including officers, instructors, and cadets, and extends to all members of the ADF who are involved in the administration of the cadets. The authority for these directives stems from specific sections of the Defence Act, such as section 62, and subsections 62A(3) and 62A(4). The Act establishes clear guidelines for the acceptance and cancellation of individuals as officers, instructors, or cadets, sets standards for their behaviour, and outlines procedures for suitability screening. Additionally, the Vice Chief of the Defence Force is directed to establish policy requirements and prepare annual reports on the administration of the ADF Cadets. The Act also cancels any previous directions or authorisations related to the administration of the ADF Cadets, ensuring a streamlined and up-to-date approach to managing these activities.
Key Provisions
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016 primarily consists of directions and authorisations concerning the administration of Australian Defence Force (ADF) Cadets. Section 5(1) directs the Vice Chief of the Defence Force to establish policy requirements governing the acceptance of individuals as officers, instructors, or cadets, the standards of behaviour expected of them, and the suitability screening process for those involved in the ADF Cadets. Additionally, section 5(2) mandates the Vice Chief of the Defence Force, with input from the Service Chiefs, to prepare an annual report on the administration of the ADF Cadets for inclusion in the Defence Annual Report. Section 6 outlines the responsibilities of the Service Chiefs in administering their respective cadet units—the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets—according to the policy requirements established by the Vice Chief of the Defence Force. Finally, section 7 instructs ADF members assisting in the administration of the ADF Cadets to adhere to the policy requirements set by the Vice Chief of the Defence Force.
The Act imposes several obligations and requirements on the parties it governs. The Vice Chief of the Defence Force is tasked with establishing comprehensive policy requirements for the ADF Cadets, as outlined in section 5(1). This includes setting criteria for the acceptance of individuals into the cadet program, defining the expected standards of behaviour, and establishing procedures for suitability screening. Furthermore, the Vice Chief of the Defence Force must collaborate with the Service Chiefs to prepare an annual report on the administration of the ADF Cadets, as required by section 5(2). The Service Chiefs, on the other hand, are obligated to administer their respective cadet units in accordance with the policy requirements established by the Vice Chief of the Defence Force, as specified in section 6. Additionally, ADF members assisting in the administration of the ADF Cadets must comply with the policy requirements set by the Vice Chief of the Defence Force, as directed in section 7.
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016 does not explicitly outline specific offences, penalties, or consequences for breach. However, it is reasonable to infer that failure to comply with the policy requirements established by the Vice Chief of the Defence Force or to adhere to the directions and authorisations set forth in the Act may result in disciplinary action or other consequences as determined by the Chief of the Defence Force. The Defence Act 1903, under which these directions and authorisations are made, provides a framework for the administration of the ADF and includes provisions for disciplinary action against ADF members who fail to comply with orders or directions. The exact penalties or consequences for breach would depend on the nature and severity of the non-compliance, as well as the specific circumstances of the case.