EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 234
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations (“the Regulations”), made under the Naval Defence Act 1910 (“the Act”), provide for various matters relating to the organisation and administration of the Navy, including the appointment and promotion of officers.
Regulation 32 of the Regulations provides for the Chief of Naval Staff to determine conditions, qualifications and other requirements to be met by officers in order to be eligible for promotion.
Regulation 33 of the Regulations provides for the provisional promotion of officers who are not eligible for promotion because a condition, qualification or requirement specified under regulation 32 has not been met.
This Statutory Rule repeals regulation 33 and substitutes a new regulation that overcomes practical difficulties experienced in the operation of that regulation. These difficulties included a lack of power to set the period of provisional promotion as a period of less than 2 years, and inadequate power to terminate a provisional promotion before the end of the provisional period where the promoted officer has failed to make satisfactory progress. Regulation 33 also contained matters of unnecessary administrative detail.
Naval Forces Regulations (Amendment)
Subregulation 33(1) refers to section 8 of the Act, which enables the Regulations to prescribe qualifications and requirements in relation to promotions.
Subregulation 33(2) provides that an officer may be provisionally promoted for a period not exceeding 2 years, where the officer is not eligible for a promotion because he or she does not hold some qualification, or satisfy some condition or requirement, that is specified in an instrument made under subregulation 32(1).
Subregulation 33(3) provides that the Chief of Naval Staff may revoke a provisional promotion where the officer has failed during the period of provisional promotion to make satisfactory progress in obtaining that qualification, or satisfying that condition or requirement.
Subregulation 33(4) provides that, where an officer fails to become eligible for promotion under subregulation 32(1), the provisional promotion will lapse at the end of the period of provisional promotion.
Commencement
The Statutory Rule comes into operation on the date of gazettal.