EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 128
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations, made under the Naval Defence Act 1910, prescribe various matters relating to the organisation and administration of the Navy.
The Defence Legislation Amendment Act 1987 (“the 1987 Act”) included amendments of the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 to enable the call out of the Reserve Forces in situations short of a declaration of a defence emergency to enable those forces to be available to meet low level contingencies. The 1987 Act also made amendments to provide, in relation to the Army and the Navy, a scheme under which soldiers and sailors may enlist, or have their periods of enlistment extended, until their retiring age (referred to herein as “open-ended enlistment” and “open-ended extension of service”). This scheme replaces the previous system under which enlisted members were required to enlist or re-engage for a specified period. (In the case of the Air Force, provisions corresponding to the new Navy and Army enlistment scheme were already contained in the Air Force Regulations.)
These amendments to the 1987 Act could not be proclaimed to commence until consequential amendments were made to regulations, including the Naval Forces Regulations (“the Regulations”).
Naval Forces Regulations (Amendment)
Regulation 3 inserts a new regulation 35, consequent on amendments made to sections 20, 21 and 22 of the Naval Defence Act 1910, which empowers the Chief of Naval Staff to transfer officers and sailors from one part of the Navy to another, if they volunteer for transfer. By a related amendment a definition of “force” is inserted into the Regulations by regulation 2.
Regulation 4 inserts new regulations 39 and 40.
New regulation 39 is consequential to amendments made to section 28 of the Naval Defence Act 1910 by the 1987 Act. That section as amended deals with sailors who are serving on an open-ended enlistment or an open-ended extension of service. Subsection 28(2) provides that, subject to certain exceptions (such as service in time of war), a sailor who is serving on an open-ended enlistment or open-ended extension of service has the right to claim
discharge on giving the appropriate period of notice. Under subsection 28(3) this period is, in relation to members of the Permanent Naval Forces, 12 months or such lesser period as the Chief of Naval Staff determines having regard to such matters as are prescribed. New regulation 39 prescribes the matters that the Chief of Naval Staff is to have regard to in setting a period less than 12 months.
New regulation 40 relates to paragraph 38(1)(c) of the Regulations which empowers the Chief of Naval Staff to discharge a sailor on the ground of retrenchment. Regulation 40 imposes restrictions on the use of this ground for discharge in relation to sailors of the Permanent Naval Forces serving on an open-ended enlistment or extension of service so that the sailor has to be given 12 months notice and the retrenchment has to be in accordance with a plan issued by the Chief of Naval Staff.
Regulations 5 and 7 replace detail about the oath of enlistment previously contained in the Naval Defence Act 1910 and omitted from that Act by the 1987 Act.
Regulation 6 repeals a number of regulations which have been superseded by the new provisions of the Naval Defence Act 1910 or the amendments to the Regulations, or which are no longer necessary.
Commencement
The Statutory Rule comes into operation on 1 July 1988, the date on which the remaining provisions of the 1987 Act will be proclaimed to commence.