Defence Legislation Amendment (Flexible Career Practices) Act 2000
No. 113, 2000
Defence Legislation Amendment (Flexible Career Practices) Act 2000
No. 113, 2000
An Act to amend legislation relating to defence, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
4 Application of amendments........................
Schedule 1—Amendments
Defence Act 1903
Naval Defence Act 1910
Defence Legislation Amendment (Flexible Career Practices) Act 2000
No. 113, 2000
An Act to amend legislation relating to defence, and for related purposes
[Assented to 5 September 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Defence Legislation Amendment (Flexible Career Practices) Act 2000.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Application of amendments
The amendments made by items 3, 4, 5, 8, 9 and 11 of Schedule 1 do not apply in relation to appointments made before the commencement of this Act.
Schedule 1—Amendments
Defence Act 1903
1 Subsection 10B(1)
Omit “Colonel”, substitute “Lieutenant‑Colonel”.
2 At the end of section 10C
Add:
(2) An officer of the Army on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Army may, by instrument in writing, convert the appointment accordingly.
3 At the end of paragraphs 17(2)(a), (b) and (ba)
Add “or”.
4 After paragraph 17(2)(c)
Insert:
(ca) the officer has not completed a period of service that, under a determination of the Chief of Army, the officer is required to complete in respect of the officer’s initial appointment as an officer; or
5 Subsection 27AA(3)
After “17(2)(c)”, insert “or (ca)”.
6 After section 37
Insert:
37A Conversion of enlistment to fixed period
(1) A soldier who is enlisted until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.
(2) If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.
Naval Defence Act 1910
7 At the end of section 11
Add:
(2) An officer on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Navy may, by instrument in writing, convert the appointment accordingly.
8 At the end of paragraphs 13(2)(a), (b) and (ba)
Add “or”.
9 After paragraph 13(2)(c)
Insert:
(ca) the officer has not completed a period of service that, under a determination of the Chief of Navy, the officer is required to complete in respect of the officer’s initial appointment as an officer; or
10 Subsection 13A(1)
Omit “Captain”, substitute “Commander”.
11 Subsection 17B(3)
After “13(2)(c)”, insert “or (ca)”.
12 After section 26
Insert:
26A Conversion of enlistment to fixed period
(1) A sailor who is enlisted in the Navy until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.
(2) If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.
[Minister’s second reading speech made in—
House of Representatives on 7 June 2000
Senate on 29 June 2000]
Overview
The Defence Legislation Amendment (Flexible Career Practices) Act 2000 was enacted to address the need for more flexible career practices within the Australian Defence Force, particularly concerning the career structures and service commitments of officers and enlisted personnel. This Act, assented to on 5 September 2000, was passed by the Parliament of Australia with the intent to modernise and streamline career practices, providing greater flexibility for both officers and enlisted personnel. The amendments introduced by this Act primarily aim to update the Defence Act 1903 and the Naval Defence Act 1910, allowing for the conversion of permanent appointments to fixed-term appointments and enabling enlisted personnel to convert their enlistments to fixed periods. This flexibility is intended to better align the career structures with contemporary needs and improve the overall efficiency and adaptability of the defence force.
Scope and Application
The Defence Legislation Amendment (Flexible Career Practices) Act 2000 applies to members of the Australian Defence Force, specifically to officers and enlisted personnel within the Army and Navy, as outlined in the Defence Act 1903 and Naval Defence Act 1910. The Act introduces amendments that allow officers on permanent appointments to volunteer for conversion to appointments for a specified period, and it enables enlisted soldiers and sailors to convert their enlistment from open-ended until retirement to a fixed term. These provisions are subject to approval by the Chief of Army or Chief of Navy, respectively, through a written instrument. Notably, the amendments do not apply to appointments made before the Act's commencement. The Act's scope is confined to the Australian Defence Force and does not extend to other defence-related entities or personnel outside the Army and Navy. The Act's application is national, reflecting its focus on Defence-wide practices and career flexibility within the specified forces.
Key Provisions
The Defence Legislation Amendment (Flexible Career Practices) Act 2000 (No. 113, 2000) amends the Defence Act 1903 and the Naval Defence Act 1910 to introduce flexible career practices within the Australian Defence Force. Key sections of the Act include the substitution of ranks, such as changing the rank of "Colonel" to "Lieutenant-Colonel" in the Defence Act 1903 (s. 1), and the addition of provisions allowing officers on permanent appointments to volunteer for a specified period (s. 2). Furthermore, it introduces the possibility for soldiers and sailors enlisted until retiring age to convert their enlistment to a fixed period (ss. 37A and 26A).
This Act imposes specific obligations on military officers and enlisted personnel, such as the requirement for officers to complete a certain period of service before being eligible for conversion to a fixed-term appointment (s. 2(2), s. 11(2)). Additionally, the Chief of Army and Chief of Navy are granted the authority to approve or reject requests for conversion by issuing a written instrument (s. 2, s. 7). These provisions aim to provide flexibility in career progression and service terms, subject to the approval of the respective chiefs.
The Act does not explicitly detail offences or penalties for breaches of its provisions. However, any unauthorised actions or violations of the conditions set out in the Act could potentially lead to disciplinary action under the existing military law frameworks. The Defence Act 1903 and the Naval Defence Act 1910 include provisions for disciplinary measures, which could be applied to any breaches of the new flexible career practices introduced by this amendment. The consequences of such disciplinary actions can range from administrative penalties to more severe measures, depending on the nature and severity of the breach.