Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2023

Overview

The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2023 was enacted to address the need for streamlined and standardised administration of the Australian Defence Force (ADF) Cadets. This notifiable instrument, made under the Defence Act 1903, provides the legal framework for the administration of ADF Cadets, including the acceptance of cadets, standards of behaviour, and suitability screening. Enacted by General Angus J. Campbell AO, DSC, the Chief of the Defence Force, the directions aim to ensure that the administration of the ADF Cadets is consistent and aligned with the Defence's overarching objectives. The Chief of Personnel is directed to issue and maintain policy requirements, while the Service Chiefs are directed to administer the respective cadet units in accordance with these policies. This instrument also authorises certain personnel to accept and cancel the acceptance of cadets on behalf of the Chief of the Defence Force, ensuring a uniform approach to cadet administration. The policy objective is to enhance the efficiency and effectiveness of cadet administration, thereby supporting the Defence's mission and cadet development.

Scope and Application

The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2023 applies to individuals and entities involved in the administration of Australian Defence Force (ADF) Cadets, including ADF members, Australian Public Service (APS) Defence employees, officers, and instructors within the ADF Cadets. This legislation provides specific directives to the Chief of Personnel, requiring them to issue policy requirements for the acceptance of persons into the ADF Cadets, the conduct expected from its members, suitability screening processes, and any other related matters. Furthermore, it mandates the Chief of Personnel, in collaboration with the Service Chiefs, to prepare an annual report on the administration of the ADF Cadets for inclusion in the Defence Annual Report. The Service Chiefs are also directed to administer their respective cadet branches—Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets—in accordance with the policy requirements issued by the Chief of Personnel. The instrument applies nationally as it pertains to the administration of the ADF Cadets across Australia. Notably, this legislation extends its application through subordinate instruments, such as the Defence (Payments to ADF Cadets) Determination 2023, which authorises payments to ADF Cadets. Any existing policy requirements issued by the Chief of Joint Capabilities are transitional, treated as if issued by the Chief of Personnel, with the authority for amendment lying with the Chief of Personnel.

Key Provisions

The Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2023 outlines key directives for the management and administration of the Australian Defence Force (ADF) Cadets. Section 1 names the instrument, and section 2 confirms its commencement on the signing date, 1 December 2023. Section 3 specifies the legal basis for these directions under the Defence Act 1903, specifically sections 62, 62A(3), and 62A(4). Section 4 indicates that amendments or repeals to other instruments are detailed in the Schedules, while section 5 directs the Chief of Personnel to issue and maintain policy requirements for the ADF Cadets, focusing on acceptance criteria, behavioural standards, suitability screening, and other relevant matters. Additionally, section 6 mandates that the Chief of Personnel, with input from the Service Chiefs, prepare a report on ADF Cadet administration for inclusion in the Defence Annual Report. Sections 7 and 8 detail directives for the Service Chiefs and ADF members involved in administering the Australian Navy, Army, and Air Force Cadets, emphasising adherence to Chief of Personnel policies. Section 9 authorises ADF members, APS Defence employees, and Cadet officers and instructors to accept or cancel cadet acceptances according to policy. Finally, section 10 ensures that any existing policy requirements from the Chief of Joint Capabilities transition to the Chief of Personnel, with the possibility of amendment. The obligations imposed by this legislation include the Chief of Personnel issuing comprehensive policy requirements for ADF Cadets, preparing an annual report with the Service Chiefs, and allowing for the amendment of transitional policies. The Service Chiefs are required to administer their respective Cadet units in line with these policies, while ADF members assisting in Cadet administration must also comply with the Chief of Personnel’s policies. ADF members, APS Defence employees, and Cadet officers and instructors are authorised to manage cadet acceptances according to these directives. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Chief of the Defence Force Directions and Authorisations (Administration of ADF Cadets) 2023. However, non-compliance with the outlined policy requirements could potentially lead to administrative actions or disciplinary measures within the ADF, although these are not detailed in the text. The focus remains on ensuring the smooth administration of ADF Cadets through clear policy directives and reporting mechanisms.