EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 118
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations, made under the Defence Act 1903, provide for various matters relating to the administration of the Defence Force, including discipline and ranks of officers.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline, including discipline of cadets; fuller details are provided below. As a result of this legislation consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Sections 54, 55 and 88 of the Defence Act 1903 apply the Army Act (1881) (UK) and the Rules of Procedure made under the Army Act to the Australian Army and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure.
(iii) Officer Cadets
In conjunction with the bringing into force of the Defence Force Discipline Act 1982 and in anticipation of the opening of the Australian Defence Force Academy in January 1986, it is desired that cadets in the Army be accorded officer status (as is now the case in the Navy and the Air Force), and the rank title of “officer cadet” will be introduced. The ranks of officers in the Army have, until now, been treated as being established by the custom of the Service.
In according cadets officer status, it is necessary that there continue to be provision to terminate the appointment of an officer cadet (eg, where the cadet is not making satisfactory progress or is unlikely to become an efficient officer) equivalent to the power currently available by reason of the fact that cadets are soldiers.
Amendments of the Defence Force Regulations
Regulation 6 of the Statutory Rule inserts the new Army rank of officer cadet into the table of corresponding ranks of the 3 arms of the Defence Force in regulation 8 of the Defence Force Regulations.
The remaining regulations make the necessary consequential amendments to the relevant provisions of the Defence Force Regulations relating to disciplinary matters, as a result of the commencement of the Defence Force Discipline Act 1982.
Commencement
The amendments have effect from 3 July 1985.
Overview
The Defence Force Regulations (Amendment) Statutory Rules 1985 No. 118, issued by the authority of the Minister for Defence, was enacted to address the need for a comprehensive overhaul of the disciplinary framework within the Australian Defence Force, aligning it with the new Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982. This legislation was necessitated by the impending introduction of the Defence Force Discipline Act and the establishment of the Australian Defence Force Academy, which required the reclassification of cadets to officer status and the amendment of existing regulations to reflect this change. The policy objective of these amendments was to ensure a cohesive and modernised disciplinary system that would effectively manage the conduct of all members of the Defence Force, including cadets, and to discontinue the application of outdated British Army Acts and Rules of Procedure. These consequential amendments and repeals were intended to streamline the administration of the Defence Force, ensuring consistency and fairness in the enforcement of discipline across all branches of the military.
Scope and Application
The Defence Force Regulations (Amendment) Statutory Rules 1985 No. 118, issued under the authority of the Minister for Defence, pertains to the administration of the Defence Force in Australia, particularly concerning discipline and ranks of officers. This amendment aligns with the introduction of new legislation, including the Defence Force Discipline Act 1982, and the Defence Force (Miscellaneous Provisions) Act 1982, which will replace existing laws and discontinue the application of the Army Act (1881) (UK) and its Rules of Procedure. These regulations apply to members of the Defence Force, including the Australian Army, and particularly address the disciplinary matters and ranks of officers, such as the introduction of the rank of “officer cadet” for Army cadets, mirroring the status currently held by cadets in the Navy and the Air Force. The changes are effective from 3 July 1985, encompassing the necessary amendments to existing regulations to accommodate these legislative shifts.
Key Provisions
The Defence Force Regulations (Amendment) Statutory Rules 1985 No. 118, issued by the authority of the Minister for Defence, make consequential amendments to the Defence Force Regulations, primarily to align them with the new Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, both of which will come into force on 3 July 1985. Regulation 6 of the Statutory Rule introduces the rank of officer cadet into the Army, aligning it with the existing ranks in the Navy and Air Force (regulation 8). This amendment is crucial for the establishment of the Australian Defence Force Academy, which is set to open in January 1986.
The amendments impose several obligations on the Defence Force and its members. The Defence Force Regulations now require that Army cadets be accorded officer status, meaning they are to be treated as officer cadets during their training period. This includes all the privileges and responsibilities that come with officer status. Furthermore, the regulations must provide for the termination of an officer cadet's appointment if they are not making satisfactory progress or are unlikely to become efficient officers, ensuring that the standards of the Defence Force are maintained.
Failure to comply with the provisions of the Defence Force Regulations as amended can lead to disciplinary action under the new Defence Force Discipline Act 1982. While the exact penalties are not specified in these particular regulations, the Defence Force Discipline Act 1982 provides for a range of penalties, including fines, imprisonment, and dismissal from service, depending on the severity of the breach. The penalties are intended to maintain discipline and uphold the standards of the Defence Force.