Naval Forces Regulations 1935

Naval Forces Regulations 1935

Statutory Rules 1935 No. 133 as amended

made under the

Naval Defence Act 1910

This compilation was prepared on 22 March 2002
taking into account amendments up to SR 2002 No. 52

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

Part I General

Division 1 Preliminary

 1 Name of regulations [see Note 1] 

 2 Repeal 

 4 Interpretation 

 4A Delegations 

Division 4 Ranks of officers and sailors

 21 Ranks of officers 

 21A Chaplains — prescribed rank for purposes of appointment, promotion, retirement, termination of appointment etc             

 22 Prior service of female officers 

 23 Ranks of female members of the Navy on repeal of Naval Forces (Women’s Services) Regulations             

 23A Prior service of enlisted female members of the Navy 

 24 Ranks of sailors 

Division 5 Appointment to, and promotion in, the Naval Forces

 29 Enlistment of sailors 

 30 Chief of Navy may make determinations 

 31 Appointments on probation 

 31A Extension of period of enlistment 

 31B Conversion of enlistment to fixed period 

 32 Promotion of officers 

 33 Provisional promotion 

 34 Temporary promotion 

 34A Limited-tenure promotion of sailors 

Divison 5A Transfer

 35 Transfer of officers or sailors 

Division 6 Discharge of sailors

 37 Discharge of sailor enlisted otherwise than until retiring age: Permanent Navy             

 37A Discharge of sailor enlisted otherwise than until retiring age: Naval Reserve             

 37B Discharge of sailor enlisted until retiring age: Permanent Navy             

 37C Discharge of sailors who are enlisted until attaining retiring age: Naval Reserve             

 37D Discharge of sailors rendering service under Part IV of Defence Act 1903

 37E Sailor entitled to discharge to be released 

 38 Reasons for discharge 

 39 Notice of discharge because of retrenchment 

 40 Transfer of sailors to other arms of the Defence Force 

 40A Offer of special benefits to sailors 

 40AA Notice of intention to begin discharge or transfer procedures 

 40AB Discharge or transfer of sailors without special benefits 

 40AC Time not to run during certain periods 

Division 9 Miscellaneous

 40B Uniforms 

 40D Mess debts 

Part II Permanent Naval Forces

Division 1 Appointment, enlistment and promotion in the Permanent Naval Forces

 41 Oath or affirmation 

 45 Appointment for duty 

 46A Members on extended service ineligible for promotion 

Division 3 Retirement

 102 Retiring age of officers 

 102A Continuing application of retiring age fixed for certain female officers             

 103 Retiring age of sailors 

Division 8 Miscellaneous

 157 Industrial Disputes 

Part III Naval Emergency Reserve Forces

 173 Promotion and reversion of men 

 174 Retiring ages 

Part IV Australian Naval Reserve

Division 1 General

 180 Training periods 

 180A Naval service 

 180C Period for the purposes of subsection 32A (5) of the Act 

 180D A kind or kinds of naval service for the purposes of subsection 32A (6) of the Act             

 181 Promotion and reversion of men 

Division 2 Emergency List of Officers

 184 Emergency List of Officers 

 189 Retiring age 

Division 3 Royal Australian Fleet Reserve

 190 Interpretation 

 191 Fleet Reserve 

 192 Eligibility for enlistment 

 195 Compulsory retirement age 

Division 4 Royal Australian Naval Reserve

 196 Interpretation 

 197 Naval Reserve 

 201 Naval service for a period of less than one day 

 202 Compulsory retirement age 

Part V Miscellaneous

 204 Naval title after retirement 

Schedule 1 Oath and affirmation 

Part 1 Form of oath 

Part 2 Form of affirmation 

Notes  

Part I General

Division 1 Preliminary

1 Name of regulations [see Note 1]

  These regulations are the Naval Forces Regulations 1935.

2 Repeal

  The Naval Forces Regulations (Statutory Rules 1926, No. 196, as amended to present date) are repealed as from the commencement of these Regulations, save as to anything lawfully done, or any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

4 Interpretation

  In these Regulations, unless the contrary intention appears:

force, in relation to a part of the Navy, means one of the following parts of the Navy:

 (a) the Permanent Naval Forces;

 (b) the Naval Emergency Reserve Forces;

 (c) the Emergency List of Officers;

 (d) the Royal Australian Fleet Reserve;

 (e) the Royal Australian Naval Reserve.

PNF officer means an officer of the Permanent Naval Forces.

PNF means the Permanent Naval Forces.

The Act means the Naval Defence Act 1910-1964.

4A Delegations

 (1A) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

 (1) The Chief of Navy or the Chief of Naval Personnel may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

 (2) A power or function delegated by the Minister, the Chief of Navy or the Chief of Naval Personnel under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

 (3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister, the Chief of Navy or the Chief of Naval Personnel, as the case may be.

Division 4 Ranks of officers and sailors

21 Ranks of officers

  The ranks of officers (other than chaplains), in descending order of seniority, are:

 (a) Admiral of the Fleet;

 (b) Admiral;

 (c) Vice-Admiral;

 (d) Rear-Admiral;

 (e) Commodore;

 (f) Captain;

 (g) Commander;

 (h) Lieutenant-Commander;

 (i) Lieutenant;

 (j) Sub-Lieutenant;

 (k) Acting Sub-Lieutenant;

 (l) Midshipman.

21A Chaplains — prescribed rank for purposes of appointment, promotion, retirement, termination of appointment etc

  For the purposes of section 18 of the Act, a chaplain is taken to have the following rank:

 (a) for a chaplain in division 1 of the chaplain branch — Lieutenant;

 (b) for a chaplain in division 2 of the chaplain branch — Lieutenant-Commander;

 (c) for a chaplain in division 3 of the chaplain branch — Commander;

 (d) for a chaplain in division 4 of the chaplain branch:

 (i) who has precedence over all other chaplains of his or her church or faith in the chaplain branch — Commodore;

 (ii) in any other case — Captain;

 (e) for a chaplain in division 5 of the chaplain branch — Commodore.

22 Prior service of female officers

 (1) For the purposes of determining under section 14 of the Act the seniority of members of the Navy in their respective ranks, a female officer who holds substantively a rank specified in Column 2 of the table in this subregulation in an item in that table and who, for any period at any time before the commencement of this regulation, held substantively a rank specified in Column 3 or 4 of that table in that item, shall be deemed to have held substantively during the whole of that period the rank specified in Column 2 of that table in that item:

 (2) For the purposes of determining under section 14 of the Act the seniority of members of the Navy in their respective ranks, a female officer who for any period at any time before the commencement of this regulation held temporarily a rank specified in Column 3 or 4 of the table in subregulation (1) in an item in that table shall be deemed to have held temporarily during the whole of that period the rank specified in Column 2 of that table in that item.

23 Ranks of female members of the Navy on repeal of Naval Forces (Women’s Services) Regulations

 (1) Where a person:

 (a) was appointed to the Royal Australian Naval Nursing Service or to the Women’s Royal Australian Naval Service before the repeal of the Naval Forces (Women’s Services) Regulations; and

 (b) immediately before that repeal was a member of the Permanent Naval Forces,

  that person shall be deemed to have been appointed to those Forces under these Regulations on the date on which she was appointed to that Service and to have held, immediately after that repeal, the same rank in those Forces as she held immediately before that repeal.

 (2) Where a person:

 (a) was enlisted in the Women’s Royal Australian Naval Service before the repeal of the Naval Forces (Women’s Services) Regulations; and

 (b) immediately before that repeal was a member of the Permanent Naval Forces,

  that person shall be deemed to have been enlisted in, or re‑engaged in, or last re-engaged in, as the case may be, the Permanent Naval Forces under these Regulations for the period of that enlistment, re-engagement, or last re-engagement, and to have held, immediately after that repeal:

 (c) in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the following table in an item in that table — the rank in those Forces specified in Column 2 of that table in that item; or

 (d) in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table — the same rank in those Forces as she held immediately before that repeal:

 (3) Where a person:

 (a) was appointed to the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

 (b) immediately before that repeal was a member of the Australian Naval Reserve,

  that person shall be deemed to have been appointed to the Australian Naval Reserve on the date on which she was appointed to the Women’s Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.

 (4) Where a person:

 (a) was enlisted in the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

 (b) immediately before that repeal was a member of the Australian Naval Reserve,

  that person shall be deemed to have been enlisted in, or re‑engaged in, or last re-engaged in, as the case may be, the Australian Naval Reserve under these Regulations for the period of that enlistment, re-engagement, or last re‑engagement, and to have held, immediately after that repeal:

 (c) in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the table in subregulation (2) in an item in that table — the rank in the Australian Naval Reserve specified in Column 2 of that table in that item; or

 (d) in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table — the same rank in the Australian Naval Reserve as she held immediately before that repeal.

 (5) Where:

 (a) an officer of the Permanent Naval Forces was transferred to the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

 (b) the officer was, immediately before that repeal, a member of the Australian Naval Reserve,

  that officer shall be deemed to have been transferred to the Australian Naval Reserve on the date on which she was transferred to the Women’s Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.

23A Prior service of enlisted female members of the Navy

  For the purposes of determining under section 14 of the Act the seniority in their respective ranks of female members of the Navy, other than officers, a person who holds a rank specified in Column 2 of the table in subregulation 23 (2) in an item in that table and who for any period before the commencement of this regulation held a rank specified in Column 3 of that table in that item shall be deemed to have held the rank specified in Column 2 of that table in that item during the whole of the period during which she held the rank specified in Column 3 of that table in that item.

24 Ranks of sailors

  The ranks of sailors, in descending order of seniority, are:

 (a) Warrant Officer;

 (b) Chief Petty Officer;

 (c) Petty Officer;

 (d) Leading Seaman;

 (e) Able Seaman;

 (f) Seaman;

 (g) Recruit and Apprentice, which have the same seniority.

Division 5 Appointment to, and promotion in, the Naval Forces

29 Enlistment of sailors

 (1) A person may volunteer to serve as a sailor in a part of the Navy:

 (a) for a fixed period; or

 (b) until attaining retiring age.

 (2) If the person is accepted for service in that part of the Navy, the person must take and subscribe the oath or affirmation mentioned in regulation 41.

 (3) The taking and subscribing of the oath or affirmation:

 (a) constitutes the enlistment of the person in that part of the Navy for that period or until attaining retiring age, as the case may be; and

 (b) binds the person to serve in the Navy in accordance with the tenor of the oath or affirmation.

30 Chief of Navy may make determinations

 (1) Subject to subregulations (3) and (4), the Chief of Navy may, for the purposes of section 8 of the Act, determine by instrument that persons, or persons included within a specified class of persons, are not eligible for:

 (a) appointment to specified ranks;

 (b) appointments in specified parts of the Navy; or

 (c) an appointment of a specified kind;

  unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that appointment.

 (2) In subregulation (1), specified means specified in the instrument referred to in that subregulation.

 (3) In making a determination under subregulation (1), the Chief of Navy shall have regard to the education, training, experience and other qualifications required to make a person suitable for the appointment concerned.

 (4) Where, because of a condition, qualification or requirement specified in an instrument under subregulation (1) in relation to an appointment to which the instrument applies, a person is not eligible for that appointment, the Chief of Navy may, having regard to that person’s education, training, experience or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that appointment.

31 Appointments on probation

  An appointment under section 8 of the Act of a person to be an officer of the Navy that is expressed in the instrument of appointment to be on probation for a period not exceeding 5 years specified in the instrument shall be subject to the condition that, if not terminated before the end of that period, the appointment shall lapse at the end of that period unless confirmed before the end of that period.

31A Extension of period of enlistment

 (1) If a sailor is enlisted in the Navy otherwise than until attaining retiring age, the sailor may volunteer to extend the period of his or her enlistment:

 (a) by a fixed period; or

 (b) until attaining retiring age.

 (2) If the offer is accepted, the period for which the sailor is enlisted is extended accordingly.

31B 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.

32 Promotion of officers

 (1) Subject to subregulations (3) and (4), the Chief of Navy may, for the purposes of section 8 of the Act, determine by instrument that officers, or officers included within a specified class of officers, are, subject to regulations 33 and 34, not eligible for:

 (a) promotion to specified ranks;

 (b) promotion in specified parts of the Navy; or

 (c) a promotion of a specified kind;

  unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that promotion.

 (2) In subregulation (1), specified means specified in the instrument referred to in that subregulation.

 (3) In making a determination under subregulation (1), the Chief of Navy shall have regard to the education, training, experience and other qualifications required to make a person suitable for the promotion concerned.

 (4) Where, because of a condition, qualification or requirement specified in an instrument under subregulation (1) in relation to a promotion to which the instrument applies, a person is not eligible for that promotion, the Chief of Navy may, having regard to that person’s education, training, experience or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that promotion.

33 Provisional promotion

 (1) For the purposes of section 8 of the Act, the qualifications and requirements set out in this regulation are prescribed in relation to promotions.

 (2) An officer who is not eligible under subregulation 32 (1) for promotion to a rank may be promoted to that rank provisionally for a period not exceeding 2 years.

 (3) Where an officer, who is not eligible under subregulation 32 (1) for promotion to a rank because of a condition, qualification or requirement, fails, during a period of provisional promotion under subregulation (2) to that rank, to make satisfactory progress towards satisfying that condition, obtaining that qualification or meeting that requirement, the Chief of Navy may revoke that provisional promotion.

 (4) Where an officer does not become eligible under subregulation 32 (1) for promotion to a rank during a period of provisional promotion under subregulation (2) to that rank, that provisional promotion lapses at the end of that period.

34 Temporary promotion

 (1) For the purposes of section 8 of the Act, an officer may be promoted temporarily to a rank that is higher than the substantive rank held by the officer.

 (2) An officer promoted temporarily to a rank in accordance with subregulation (1) holds the rank while the officer performs duties appropriate to that rank and for such further period (if any) as the Chief of Navy approves.

34A Limited-tenure promotion of sailors

 (1) The Chief of Navy may, by instrument, promote a sailor to the rank of Warrant Officer for the period specified in the instrument.

 (2) The Chief of Navy may extend the period.

 (3) Subject to this regulation, at the end of the period (including any extension), the sailor is taken to be discharged from the Navy.

 (4) At any time before the end of the period (including any extension), the Chief of Navy may give written permission for the sailor, at the end of that period, to revert to the rank he or she held immediately before promotion.

 (5) If permission is given under subregulation (4), then at the end of the period:

 (a) the sailor is not taken to be discharged from the Navy under subregulation (3); and

 (b) the sailor reverts to the rank that he or she held immediately before promotion.

 (6) At any time before the end of the period (including any extension), the sailor may notify the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve at the end of the period.

 (7) If the sailor notifies the Chief of Navy under subregulation (6), then at the end of the period:

 (a) the sailor is not taken to be discharged from the Navy under subregulation (3); and

 (b) the sailor is transferred to the Australian Naval Reserve.

 (8) A sailor may decline promotion under this regulation.

Divison 5A Transfer

35 Transfer of officers or sailors

  The Chief of Navy may, by instrument, transfer an officer or sailor from one force in the Navy to another if the officer or sailor, by instrument, volunteers for that transfer.

Division 6 Discharge of sailors

Division 6 Discharge

37 Discharge of sailor enlisted otherwise than until retiring age: Permanent Navy

 (1) Subject to subregulations (2) and (3), a sailor who is enlisted in the Permanent Navy for a fixed period is entitled to a discharge at the end of the period.

 (2) If the period for which the sailor is enlisted ends during a time of war or defence emergency, the period for which the sailor is enlisted is extended until the end of that time.

 (3) If the period for which the sailor is enlisted ends during a period for which the Naval Reserve is called out for continuous full time service, the period for which the sailor is enlisted is extended until the end of the period for which the Naval Reserve is called out.

37A Discharge of sailor enlisted otherwise than until retiring age: Naval Reserve

 (1) Subject to subregulation (5), a sailor who is enlisted in the Naval Reserve for a fixed period is entitled to a discharge:

 (a) at the end of the period; or

 (b) on claiming a discharge.

 (2) For paragraph (1) (a), if the period for which the sailor is enlisted ends during a time of war or defence emergency, the period for which the sailor is enlisted is extended until the end of that time.

 (3) For paragraph (1) (a), if the period for which the sailor is enlisted ends during a period for which the part of the forces or force to which the sailor belongs:

 (a) is subject to section 50D of the Defence Act 1903; and

 (b) has been called out for continuous full time service;

  the period for which the sailor is enlisted is extended until the end of period for which the part of the forces or force is called out.

 (4) The sailor may claim a discharge if the sailor gives at least 3 months written notice to his or her commanding officer of the intention to claim a discharge.

 (5) The sailor may not claim a discharge during:

 (a) a time of war or defence emergency; or

 (b) a period for which the part of the forces or force to which the sailor belongs:

 (i) is subject to section 50D of the Defence Act 1903; and

 (ii) has been called out for continuous full time service; or

 (c) a period for which the sailor has volunteered to render continuous full time naval service.

37B Discharge of sailor enlisted until retiring age: Permanent Navy

 (1) Subject to this regulation, a sailor who is enlisted in the Permanent Navy until attaining retiring age is entitled to a discharge before attaining retiring age on claiming a discharge.

 (2) The sailor may claim a discharge if the sailor gives at least the appropriate period of notice of the claim, in writing, to his or her commanding officer.

 (3) The appropriate period of notice is:

 (a) 12 months; or

 (b) a shorter period of notice that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included, having regard to the following matters:

 (i) the Navy’s capacity to provide a replacement for the sailor;

 (ii) other personnel considerations;

 (iii) training requirements;

 (iv) any operational requirements that are applicable.

 (4) The sailor may not claim a discharge during:

 (a) a time of war or defence emergency; or

 (b) a period for which the Naval Reserve is called out for continuous full time service.

 (5) The sailor may not claim a discharge unless the sailor has completed at least:

 (a) 6 years; or

 (b) a shorter period of service that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included.

 (6) In determining a period for paragraph (5) (b), the Chief of Navy must have regard to the effect of the determination on:

 (a) the ability of the Navy to carry out its current and possible future naval operations; and

 (b) the size, and composition, of the Navy; and

 (c) the training of the Navy.

 (7) The sailor may not claim a discharge if the Chief of Navy certifies, in writing, that the discharge of the sailor would, in the opinion of the Chief of Navy, seriously prejudice the ability of the Navy to carry out naval operations that it is carrying out or may be required to carry out.

 (8) If:

 (a) the sailor is engaged in, or has completed, in whole or in part:

 (i) a course of training outside Australia; or

 (ii) a period of employment on special duties outside Australia; or

 (iii) a period of service outside Australia; and

 (b) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service;

  the sailor may not claim a discharge if the sailor has not completed the period of service.

 (9) If:

 (a) the sailor was appointed outside Australia; and

 (b) the sailor’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and

 (c) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service;

  the sailor may not claim a discharge if the sailor has not completed the period of service.

 (10) If the Chief of Navy directs, in writing, that the sailor should not claim a discharge until the sailor has complied with a specified condition, the sailor may not claim a discharge until the sailor has complied with the condition.

 (11) A claim for a discharge may be withdrawn or varied only with the approval of the Chief of Navy.

 (12) In considering an application for approval under subregulation (11), the Chief of Navy must have regard to the effect of the decision about approval on:

 (a) the ability of the Navy to carry out its current and possible future naval operations; and

 (b) the management of Navy personnel.

37C Discharge of sailors who are enlisted until attaining retiring age: Naval Reserve

 (1) Subject to subregulation (3), a sailor who is enlisted in the Naval Reserve until attaining retiring age is entitled to a discharge before attaining retiring age on claiming a discharge.

 (2) The sailor may claim a discharge before attaining retiring age if the sailor gives at least 3 months notice of the claim, in writing, to his or her commanding officer.

 (3) The sailor may not claim a discharge during:

 (a) a time of war or defence emergency; or

 (b) a period for which the part of the forces or force to which the sailor belongs:

 (i) is subject to section 50D of the Defence Act 1903; and

 (ii) has been called out for continuous full time service; or

 (c) a period for which the sailor has volunteered to render continuous full time naval service.

 (4) A claim for a discharge may be withdrawn or varied only with the approval of the Chief of Navy.

 (5) In considering an application for approval under subregulation (4), the Chief of Navy must have regard to the effect of the decision about approval on:

 (a) the ability of the Navy to carry out its current and possible future naval operations; and

 (b) the management of Navy personnel.

37D Discharge of sailors rendering service under Part IV of Defence Act 1903

  A sailor rendering service under Part IV of the Defence Act 1903 is entitled to a discharge at the end of the time of war.

37E Sailor entitled to discharge to be released

  A sailor who becomes entitled to a discharge:

 (a) remains bound to serve until discharged; and

 (b) must be released from service in the Navy as soon as is reasonably practicable.

38 Reasons for discharge

 (1) A sailor (including a sailor in the Naval Reserve) may, at any time, be discharged by the Chief of Navy for any of the following reason:

 (a) that the sailor has requested his discharge;

 (b) that the sailor will, upon being discharged, be appointed an officer of the Navy;

 (c) that the sailor cannot be usefully employed in the Navy because of retrenchment in the Navy;

 (d) that the sailor is medically unfit;

 (e) that the Chief of Navy is satisfied that the retention of the sailor in the Navy is not in the interest of the Navy;

 (f) that the sailor made a false or misleading statement in connexion with his enlistment in the Navy;

 (g) that the member has not attained the age of 18 years and his parent or guardian has requested his discharge;

 (h) that the member has been absent without leave for a period exceeding 3 months;

 (i) that, in the case of a member of the Naval Emergency Reserve Forces, the member’s attendance for obligatory annual service has been unsatisfactory;

 (j) that, in the case of a member of the Naval Emergency Reserve Forces, the member resides overseas and is not available for call out;

 (k) that the sailor has not been granted, or has not accepted, Australian citizenship.

Note   A sailor may also be discharged as a result of the operation of regulation 34A.

 (2) In addition to subregulation (1), a sailor in the Naval Reserve may, at any time, be discharged by the Chief of Navy for any of the following reasons:

 (a) that the sailor’s attendance for naval service has been unsatisfactory; and

 (b) that the sailor resides outside the area approved by the Chief of Navy for the purposes of this regulation in relation to the Naval establishment to which the sailor is attached.

 (3) Subregulations (1) and (2) apply whether or not the sailor:

 (a) has completed the period for which the sailor is enlisted; or

 (b) has attained the age prescribed for compulsory retirement.

 (4) If:

 (a) a sailor has been discharged for a reason in subregulation (1) or (2); and

 (b) the Chief of Navy, or a delegate of the Chief of Navy, is satisfied that the sailor could properly have been discharged for a reason other than that for which he was discharged;

  the Chief of Navy or the delegate may, at the request of the sailor, take such steps as are necessary to ensure that the sailor is treated as having been discharged for that other reason, including the taking of steps to amend any relevant order of discharge and any other relevant documents.

 (5) In this regulation:

medically unfit, in relation to a sailor, means physically or mentally incapacitated for the performance of the sailor’s duties.

39 Notice of discharge because of retrenchment

  Paragraph 38 (1) (c) does not apply in relation to a sailor of the Permanent Navy who is enlisted in the Navy until attaining retiring age unless:

 (a) retrenchment in the Navy is the subject of a document issued by or with the authority of the Chief of Navy; and

 (b) the sailor is given 12 months written notice that it is intended to discharge him or her because of the retrenchment; and

 (c) the retrenchment is effected substantially in accordance with the document.

40 Transfer of sailors to other arms of the Defence Force

 (1) The Chief of Navy may, by written instrument, transfer the enlistment of a person as a sailor in the Navy to the Australian Army as a soldier, or the Australian Air Force as an airman, if:

 (a) the person consents to the transfer; and

 (b) the Chief of Army or the Chief of Air Force (as the case may be) approves the transfer.

 (2) The instrument must specify:

 (a) the day on which the transfer takes effect; and

 (b) the period of service for which the person is enlisted in the Australian Army as a soldier or the Australian Air Force as an airman (as the case may be); and

 (c) the part of that arm of the Defence Force in which the person is enlisted; and

 (d) the rank that the person is to hold in that arm of the Defence Force, and the person’s seniority in that rank.

 (3) If the person is required, under a determination mentioned in subregulation 37B (8) or (9), to complete a specified period of service:

 (a) the requirement to complete the period continues to apply to the person after the transfer takes effect; and

 (b) the person cannot claim a discharge from the Army or Air Force (as the case may be) before the end of the period.

 (4) For all purposes connected with the person’s enlistment or service as a soldier in the Australian Army, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Army.

 (5) For all purposes connected with the person’s enlistment or service as an airman in the Australian Air Force, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Air Force.

40A Offer of special benefits to sailors

 (1) Subject to regulation 40AA, the Chief of Navy may give to a sailor who holds the rank of Warrant Officer or Chief Petty Officer a written notice stating that if, within a specified period, the sailor:

 (a) discharges from the Navy; or

 (b) notifies the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve;

  the sailor will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act 1903.

 (2) The period to be specified in the notice is a period of 1 month commencing not earlier than the day on which the notice is given to the sailor.

 (3) If a sailor is given a notice under subregulation (1):

 (a) the sailor may discharge from the Navy within the period specified in the notice even though he or she would not otherwise be entitled to discharge; and

 (b) if the sailor discharges under paragraph (a):

 (i) the discharge takes effect on the day specified in writing by the Chief of Navy, being a day not later than 28 days after the day on which the sailor notified his or her acceptance of the special benefit; and

 (ii) the sailor is taken for all purposes to have been compulsorily discharged from the Navy.

 (4) If a sailor:

 (a) is given a notice under subregulation (1); and

 (b) notifies the Chief of Navy under paragraph (1) (b);

  the sailor may transfer to the Australian Naval Reserve in the period specified in the notice.

40AA Notice of intention to begin discharge or transfer procedures

 (1) The Chief of Navy must not give a sailor a notice under subregulation 40A (1) unless the sailor has been given a written notice setting out the matters referred to in subregulation (2) and:

 (a) the sailor has not given to the Chief of Navy the statement of reasons referred to in paragraph (2) (c); or

 (b) having considered a statement of those reasons by the sailor, the Chief of Navy is of the opinion that the notice under subregulation 40A (1) should be given.

 (2) The written notice must:

 (a) inform the sailor that the Chief of Navy is considering giving a notice under subregulation 40A (1) to the sailor; and

 (b) state the reasons why the Chief of Navy is considering giving that notice to the sailor; and

 (c) invite the sailor, within the period specified in the notice, to give to the Chief of Navy a written statement of reasons why the sailor should not be discharged from the Navy or transferred to the Australian Naval Reserve.

 (3) The period specified for the purpose of paragraph (2) (c) must:

 (a) be a period of at least 14 days; and

 (b) commence not earlier than the day on which the notice is given to the sailor.

40AB Discharge or transfer of sailors without special benefits

 (1) This regulation applies to a sailor:

 (a) to whom a notice has been given under subregulation 40A (1); and

 (b) who does not, within the period specified in the notice:

 (i) discharge from the Navy; or

 (ii) transfer to the Australian Naval Reserve; and

 (c) in respect of whom the Chief of Navy considers it is necessary to take action under this regulation in the interests of the organisational effectiveness of the Navy.

 (2) The Chief of Navy may, at any time after the period specified in the notice given to the sailor under subregulation 40A (1), give notice to the sailor in accordance with subregulation (3).

 (3) The notice is to the effect that the Chief of Navy proposes to discharge the sailor at the end of a period (the relevant period) unless the sailor notifies the Chief of Navy in writing in the relevant period that the sailor wishes to transfer to the Australian Naval Reserve at or before the end of that period.

 (4) The relevant period must be not less than 13 months starting on the day on which the notice is given to the sailor.

 (5) If the sailor does not notify the Chief of Navy in accordance with subregulation (3), the Chief of Navy may discharge the sailor at the end of the relevant period.

 (6) For the purposes of subregulation (5), the Chief of Navy discharges a sailor by giving notice to the sailor that the sailor is discharged from the Navy at the end of the relevant period.

 (7) A sailor to whom notice is given under subregulation (6) is discharged from the Navy at the end of the relevant period.

 (8) A sailor who is discharged under subregulation (7) is taken for all purposes to have been compulsorily discharged from the Navy.

40AC Time not to run during certain periods

 (1) In ascertaining when a period referred to in this Division ends in relation to a sailor, any period during which a complaint made by the sailor is being investigated is not to be taken into account.

 (2) Subregulation (1) applies only to a complaint that:

 (a) is made by the sailor:

 (i) under the Defence Force Regulations 1952; or

 (ii) to the Defence Force Ombudsman under the Ombudsman Act 1976; and

 (b) concerns action taken under regulation 40A, 40AA or 40AB in relation to the sailor.

Division 9 Miscellaneous

40B Uniforms

  The uniforms to be worn by members of the Navy, and the circumstances in which a member of the Navy is required or permitted to wear uniform, are as approved by the Chief of Navy.

40D Mess debts

 (1) Subregulation (2) applies if:

 (a) a member owes an amount as a debt to a body that:

 (i) operates a mess or a canteen; or

 (ii) provides a similar service; and

 (b) the Commonwealth pays part or all of the amount on behalf of the member.

 (2) The amount paid by the Commonwealth is a debt due by the member to the Commonwealth.

 (3) Without affecting its right to recover an amount payable under this regulation by other means (for example, in a court of competent jurisdiction), the Commonwealth may recover the amount by deducting it from the member’s salary and allowances.

Part II Permanent Naval Forces

Division 1 Appointment, enlistment and promotion in the Permanent Naval Forces

41 Oath or affirmation

 (1) For subregulation 29 (2), an oath or affirmation must be taken and subscribed by a person before:

 (a) an officer of the Navy; or

 (b) an officer of the Army; or

 (c) an officer of the Air Force; or

 (d) a Warrant Officer of the Navy; or

 (e) a Warrant Officer Class 1 of the Army; or

 (f) a Warrant Officer of the Air Force; or

 (g) a Justice of the Peace; or

 (h) a Commissioner for Affidavits; or

 (i) a Commissioner for Declarations.

 (2) For the purposes of subsection 25 (2) of the Act:

 (a) the prescribed form of oath is the form set out in Part 1 of Schedule 1; and

 (b) the prescribed form of affirmation is the form set out in Part 2 of Schedule 1.

45 Appointment for duty

 (1) Officers shall be appointed, by the Chief of Navy, to their respective ships and duties, from time to time, according to the requirements of the Navy.

46A Members on extended service ineligible for promotion

 (1) Notwithstanding anything contained in these Regulations, except subregulation (2), an officer or a sailor whose age for retirement has been extended in pursuance of the provisions of section 17 of the Act shall not be eligible for promotion in substantive rank during his extended service.

 (2) Notwithstanding subregulation (1), an officer who:

 (a) holds a permanent appointment in the PNF; and

 (b) has elected to be retired at age 55 under subregulation 102 (2) or (3);

  is eligible for promotion in substantive rank until he or she reaches the age of 55 years or the higher compulsory retirement age applicable to the officer under subregulation 102 (1).

Division 3 Retirement

102 Retiring age of officers

 (1) For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF before 1 January 1992 is the age set out in the following table in relation to the officer’s rank, opposite the name of the list on which, or branch in which, the officer is or was included before 1 November 1992:

 (3A) An election under subregulation (2) or (3) must be made in writing to the Chief of Navy:

 (a) before the end of 31 December 1992; or

 (b) if the appointment of a PNF officer is extended, or the appointment of the officer is converted to a permanent appointment, under section 11 of the Act — within 3 months after the extension or the conversion;

  whichever occurs later.

 (3B) For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF on or after 1 January 1992 is:

 (a) for an Admiral — 63 years; and

 (b) for a Vice Admiral — 60 years; and

 (c) for a Rear Admiral — 57 years; and

 (d) for all other ranks of officers — 55 years.

 (4) The age for the compulsory retirement of a chaplain in the PNF is 55 years.

 (4A) Subject to regulation 102A, for the purposes of subregulation (1) an officer who was, immediately before the repeal of the Naval Forces (Women’s Services) Regulations, an officer of the Women’s Royal Australian Naval Service shall be deemed:

 (a) where the officer is a medical officer — to be included in the Medical Branch;

 (b) where the officer is a dental officer — to be included in the Dental Branch;

 (c) where the officer is an instructor — to be included in the Instructor Branch;

 (d) where the officer was, immediately before the repeal of the Naval Forces (Women’s Services) Regulations, on a Women’s Royal Australian Naval Service Special Duties List — to be included on the Special Duties List; and

 (e) in all other cases — to be included on the Supplementary List.

 (5) In this regulation, rank means substantive rank.

102A Continuing application of retiring age fixed for certain female officers

 (1) In this regulation:

former retiring age, in relation to an officer, means the age for the compulsory retirement of the officer that was applicable to the officer by virtue of subregulation 20A (1) of the Naval Forces (Women’s Services) Regulations immediately before the omission of that subregulation.

nominal retiring age, in relation to an officer, means the age for the compulsory retirement of the officer by virtue of regulation 102.

officer means a female officer who immediately before the omission of subregulation 20A (1) of the Naval Forces (Women’s Services) Regulations held an appointment under section 8 of the Act other than an appointment expressed in pursuance of subsection 9 (1) of the Act to be for a specified period of service.

 (2) The former retiring age of an officer shall continue to be the age for the compulsory retirement of that officer until her nominal retiring age exceeds her former retiring age.

103 Retiring age of sailors

  For the purposes of section 17 of the Act, the age for the compulsory retirement of a sailor of the Permanent Naval Forces is 55 years.

Division 8 Miscellaneous

157 Industrial Disputes

  No member of the Permanent Naval Forces shall be ordered or required to do any work or to act in the place of civilians who have refused to work because of some dispute as to wages, hours, or conditions of labour, unless and until the matter has been referred to the Minister or a person authorized by him, and his consent to members of the Permanent Naval Forces doing such work has been obtained.

Part III Naval Emergency Reserve Forces

173 Promotion and reversion of men

  A sailor serving in the Naval Emergency Reserve Forces may, in such circumstances as the Chief of Navy approves and in accordance with conditions approved by the Chief of Navy, be promoted to a higher rank or reverted to a lower rank.

174 Retiring ages

  For the purposes of section 17 of the Act, the age for the compulsory retirement of a member of the Naval Emergency Reserve Forces is:

 (a) in the case of a member holding the rank of captain — 5 years; or

 (b) in any other case — 50 years.

Part IV Australian Naval Reserve

Division 1 General

180 Training periods

  For the purposes of subsection 32A (2) of the Act, the Chief of Navy shall determine:

 (a) training periods in respect of the Australian Naval Reserve; or

 (b) different training periods in respect of different parts, or different classes of members, of that Reserve.

180A Naval service

 (1) For the purposes of subsection 32A (2A) of the Act, a member is bound to render in each training period naval service for such periods as are fixed by the Chief of Navy and applicable to the member.

 (2) For the purposes of paragraph 32A (2B) (a) of the Act, the Chief of Navy may fix different periods of naval service with respect to different parts of the Australian Naval Reserve or different classes of members.

 (3) For the purposes of paragraph 32A (2B) (b) of the Act, the Chief of Navy may exempt:

 (a) a particular member; or

 (b) members within a specified class of members,

  from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period.

 (4) The periods of naval service that a member is bound to render under subregulation (1) shall be rendered in accordance with a program that has been approved by the Chief of Navy.

180C Period for the purposes of subsection 32A (5) of the Act

  The Chief of Navy may fix a period for the purposes of subsection 32A (5) of the Act.

180D A kind or kinds of naval service for the purposes of subsection 32A (6) of the Act

  The Chief of Navy may fix a kind or kinds of naval service for the purposes of subsection 32A (6) of the Act.

181 Promotion and reversion of men

  A sailor serving in the Australian Naval Reserve may, in such circumstances as the Chief of Navy approves and in accordance with conditions approved by the Chief of Navy, be promoted to a higher rank or reverted to a lower rank.

Division 2 Emergency List of Officers

184 Emergency List of Officers

  The Reserve of Officers established before the commencement of this regulation by regulation 105 continues in existence notwithstanding the repeal of that regulation, as a part of the Australian Naval Reserve under the name Emergency List of Officers.

189 Retiring age

  For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer of the Emergency List of Officers is 60 years.

Division 3 Royal Australian Fleet Reserve

190 Interpretation

  In this Division:

member means a member of the Fleet Reserve.

the Fleet Reserve means the Royal Australian Fleet Reserve constituted by the Fleet Reserve Regulations and continued in existence by these Regulations.

191 Fleet Reserve

  The part of the Australian Naval Reserve constituted by the Fleet Reserve Regulations under the name Royal Australian Fleet Reserve continues in existence, notwithstanding the repeal of those Regulations, as a part of the Australian Naval Reserve and under that name.

192 Eligibility for enlistment

  A person is not eligible to enlist in the Fleet Reserve unless:

 (a) he has served in the Permanent Naval Forces or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces for a period of not less than 3 years; and

 (b) immediately before being discharged from the forces in which he so served, he held a rank not lower than the rank of Able Seaman.

195 Compulsory retirement age

  For the purposes of section 17 of the Act, the age for the compulsory retirement of a member of the Fleet Reserve is 55 years.

Division 4 Royal Australian Naval Reserve

196 Interpretation

  In this Division:

member means a member of the Naval Reserve.

mercantile marine officer means an officer in the Naval Reserve who is ordinarily employed in a ship to which the Navigation Act 1912-1972 applies in the capacity of master, mate or engineer.

the Naval Reserve means the Royal Australian Naval Reserve constituted by the Naval Reserve Regulations and continued in existence by these Regulations.

197 Naval Reserve

  Notwithstanding the repeal of the Naval Reserve Regulations, the section of the Australian Naval Reserve constituted by those Regulations under the name Royal Australian Naval Reserve continues in existence under that name and as a part of those Forces.

201 Naval service for a period of less than one day

  Where a member renders naval service for a period of less than one day, the member shall, for the purposes of calculating the naval service that he has rendered, be deemed to have rendered naval service for:

 (a) if the period is not less than 6 hours — one day;

 (b) if the period is less than 6 hours but not less than 3 hours — one-half of a day; or

 (c) if the period is less than 3 hours but not less than 2 hours — one-third of a day.

202 Compulsory retirement age

 (1) For section 17 of the Act, the age for the compulsory retirement of an officer in the Naval Reserve is 60 years.

 (1A) However, subregulation (1) does not apply if:

 (a) for an officer who holds, and on the commencement of this subregulation, held, the rank of Midshipman — the officer elects, in accordance with subregulation (1B), to adopt the retirement age of 23 years for that rank; or

 (b) for an officer who holds, and on the commencement of this subregulation, held, the rank of Sub-Lieutenant — the officer elects, in accordance with subregulation (1B), to adopt the retirement age of 45 years for that rank.

 (1B) An election for paragraph (1A) (a) or (b) must be in writing, signed by the officer, and delivered to the Chief of Navy not later than the first occurring of the following events:

 (a) 6 months after the commencement of this subregulation;

 (b) for an officer holding the rank of Midshipman — the attainment by the officer of the age of 23 years;

 (c) for an officer holding the rank of Sub-Lieutenant — the attainment by the officer of the age of 45 years.

 (2) For section 17 of the Act, the age for the compulsory retirement of a sailor in the Naval Reserve is 60 years.

 (3) However, subregulation (2) does not apply to a sailor who was a member of the Naval Reserve on 30 November 1999 if the sailor elects, in accordance with subregulation (4), to adopt the retirement age of 55 years.

 (4) An election for the purposes of subregulation (3) must be:

 (a) in writing; and

 (b) signed by the sailor; and

 (c) delivered to the Chief of Navy not later than 1 June 2000.

Part V Miscellaneous

204 Naval title after retirement

 (1) Subject to subregulation (2), the Chief of Navy shall, if he places an officer or former officer on a retired list, grant to that officer or former officer a naval title of the same designation as the substantive rank held by him immediately before his retirement.

 (2) The Chief of Navy shall, if he places an officer or former officer on a retired list, grant to that officer or former officer a naval title of the same designation as the next higher rank to the substantive rank held by him immediately before his retirement if that officer or former officer had held that higher rank on a temporary or acting basis:

 (a) for the final year of his service; or

 (b) for 2 of the last 3 years of his service.

 (3) The Chief of Navy shall, if he places a Senior Chaplain or Chaplain on a retired list, grant to that Senior Chaplain or Chaplain the naval title of Senior Chaplain or Chaplain as the case requires.

Schedule 1 Oath and affirmation

(subregulation 41 (2))

Part 1 Form of oath

I, (insert full name of person), swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires), or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(Insert signature of person)

Taken and subscribed before me on

(insert date)

(Insert signature, name and title of the person before whom the oath is taken and subscribed)

Note   The oath may be taken before an officer of the Navy, Army or Air Force, a Warrant Officer of the Navy, a Warrant Officer Class 1 of the Army, a Warrant Officer of the Air Force, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations: see subregulation 41 (1).

Part 2 Form of affirmation

I, (insert full name of person), promise that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires), or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

(Insert signature of person)

Taken and subscribed before me on

(insert date)

(Insert signature, name and title of the person before whom the affirmation is made and subscribed)

Note   The affirmation may be made before an officer of the Navy, Army or Air Force, a Warrant Officer of the Navy, a Warrant Officer Class 1 of the Army, a Warrant Officer of the Air Force, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations: see subregulation 41 (1).

Notes to the Naval Forces Regulations 1935

Note 1

The Naval Forces Regulations 1935 (in force under the Naval Defence Act 1910) as shown in this compilation comprise Statutory Rules 1935 No. 133 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 21 April 2001 is not included in this compilation.  For subsequent information see Table A.

Table of Statutory Rules

(a) Statutory Rules 1980 No. 178; 1981 No. 53; 1982 No. 34 and 1984 No. 377 were made under the Defence Amendment Act 1979.

Table of Amendments