Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2019
Defence Act 1903
I, General Angus J. Campbell AO, DSC, 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 7th day of January 2019
Signed by
Angus J. Campbell AO, DSC
General
Chief of the Defence Force
1 Name of direction
This instrument is the Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2019.
2 Commencement
The directions and authorisations in this document commence on 29 January 2019.
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 Schedules
Each instrument that is specified in a Schedule to this document is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this document has effect according to its terms.
5 Directions to Chief of Joint Capabilities
1. I direct the Chief of Joint Capabilities to issue and maintain policy requirements that apply to the ADF Cadets. In particular, the Chief of Joint Capabilities is to issue 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 Chief of Joint Capabilities, 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 issued by the Chief of Joint Capabilities.
2. I direct the Chief of Army to administer the Australian Army Cadets in accordance with the policy requirements issued by the Chief of Joint Capabilities.
3. I direct the Chief of Air Force to administer the Australian Air Force Cadets in accordance with the policy requirements issued by the Chief of Joint Capabilities.
7 Direction to Australian Defence Force members
I direct Australian Defence Force members who are assisting the Chief of Joint Capabilities or a Service Chief in the administration of the ADF Cadets to do so in accordance with the policy requirements issued by the Chief of Joint Capabilities.
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 persons on my behalf as officers, instructors or cadets in the ADF Cadets in accordance with the policy requirements issued by the Chief of Joint Capabilities.
Note: Payments to ADF Cadets are authorised by the Defence (Payments to ADF Cadets) Determination 2019, made under section 62B of the Defence Act 1903.
9 Transitional provision
Any policy requirements issued by the Vice Chief of the Defence Force in relation to the ADF Cadets, as in force immediately before the commencement of the directions and authorisations in this document, have effect after that commencement as if they were issued by the Chief of Joint Capabilities.
Note: For clarity, the Chief of Joint Capabilities may amend any policy requirement previously issued by the Vice Chief of the Defence Force in relation to the ADF Cadets. Upon such time, the previously issued policy requirement will cease to have effect.
Schedule 1—Repeals
Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016
1 The whole of the instrument
Repeal the instrument
Overview
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2019 was enacted to provide a streamlined framework for the administration of Australian Defence Force (ADF) Cadets, ensuring that the administration of cadets is consistent with the overall policy of the Australian Defence Force. This instrument was introduced to address the need for a coherent and centralised approach to the management of cadets, which was previously overseen by the Vice Chief of the Defence Force. Enacted under the Defence Act 1903, this legislation aims to ensure that the administration of ADF Cadets is efficient and aligned with Defence objectives. The policy objective of this direction is to ensure that the administration of cadets is effectively managed and that policy requirements are uniformly applied across all cadet programs within the ADF.
Scope and Application
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2019 applies to persons and entities involved in the administration and oversight of the Australian Defence Force (ADF) Cadets, including officers, instructors, cadets, the Chief of Joint Capabilities, the Service Chiefs, and Australian Defence Force members. It sets out the policy requirements for the acceptance and screening of individuals for cadet roles, standards of behaviour, and reporting obligations. The instrument is applicable nationally as it pertains to the administration of the ADF Cadets across all Australian states and territories. Notably, the instrument repeals the Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2016, replacing it with new provisions. While the primary focus is on the internal administration of the cadet program, its scope may extend to other areas through subordinate instruments, such as the Defence (Payments to ADF Cadets) Determination 2019, which deals specifically with payments to cadets.
Key Provisions
The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2019 outlines the key directives and authorisations for the administration of the Australian Defence Force (ADF) Cadets. These directions and authorisations, which come into effect on 29 January 2019, are made under sections 62, 62A(3), and 62A(4) of the Defence Act 1903. The instrument specifies that certain instruments listed in its schedules will be amended or repealed, while other items will have effect according to their terms.
The Chief of Joint Capabilities is directed to issue and maintain policy requirements that apply to the ADF Cadets, focusing on the acceptance of individuals as officers, instructors, or cadets, standards of behaviour, suitability screening, and any other related matters (section 5). Additionally, the Chief of Joint Capabilities, with input from the three Service Chiefs, must prepare a report on the administration of the ADF Cadets for consideration at the end of each financial year and inclusion in the Defence Annual Report (section 5(2)). The Chiefs of Navy, Army, and Air Force are instructed to administer their respective cadet units in accordance with the policy requirements issued by the Chief of Joint Capabilities (section 6). Australian Defence Force members assisting in the administration of the ADF Cadets must do so in accordance with these policy requirements (section 7). Furthermore, ADF members, APS Defence employees, and officers and instructors in the ADF Cadets are authorised to accept or cancel the acceptance of individuals as officers, instructors, or cadets in accordance with these policy requirements (section 8).
Under this instrument, the obligations for the Chief of Joint Capabilities include issuing policy requirements that govern the acceptance of individuals into the ADF Cadets, setting standards of behaviour, conducting suitability screenings, and preparing an annual report on the administration of the ADF Cadets. The Service Chiefs are required to administer their respective cadet units in accordance with these policy requirements. ADF members involved in the administration of the ADF Cadets must adhere to the policy requirements issued by the Chief of Joint Capabilities.
There are no specific offences, penalties, or civil/criminal consequences outlined in this instrument. However, non-compliance with the directions and authorisations could potentially lead to administrative or disciplinary actions within the ADF, as breaches of policy requirements could result in consequences under the Defence Force Discipline Act 1982 or other relevant legislation. The maximum penalties for such breaches would be determined by the applicable disciplinary procedures and laws.