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.
Overview
The Naval Forces Regulations (Amendment) Statutory Rules 1988, issued by the authority of the Minister for Defence Science and Personnel, amend the existing Naval Forces Regulations made under the Naval Defence Act 1910. The primary purpose of this amendment is to address practical difficulties experienced in the operation of the original regulation, particularly concerning the provisional promotion of officers who do not meet all the conditions, qualifications, or requirements specified for promotion. These difficulties included an inability to set a provisional promotion period of less than two years and insufficient power to terminate a provisional promotion early if the officer fails to make satisfactory progress. Additionally, the original regulation contained unnecessary administrative detail. By repealing and substituting regulation 33, the amendment seeks to streamline the process and provide more flexibility in managing provisional promotions.
The policy objective of this amendment is to enhance the efficiency and effectiveness of the promotion process within the Navy, ensuring that it aligns more closely with practical needs and operational requirements. The new regulation allows for more precise control over the duration of provisional promotions and provides the Chief of Naval Staff with the authority to revoke a provisional promotion if the officer does not make satisfactory progress towards meeting the required conditions or qualifications. This ensures that the promotion process remains fair and that officers who are not progressing adequately do not remain in provisional positions longer than necessary.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rule 1988 No. 234, issued under the authority of the Minister for Defence Science and Personnel, amends the Naval Forces Regulations made under the Naval Defence Act 1910. The Regulations govern the organisation and administration of the Navy, including the appointment and promotion of officers. The amendment specifically repeals and replaces regulation 33, addressing issues such as the inability to set provisional promotions for less than two years, insufficient power to terminate a provisional promotion early, and the presence of unnecessary administrative details. The new regulation provides the Chief of Naval Staff with the authority to set the duration of provisional promotions, terminate them if the officer does not make satisfactory progress, and manage the situation when an officer fails to meet the required conditions for promotion within the provisional period.
The amended regulation applies to officers within the Navy who may be subject to provisional promotions under certain conditions. It operates within the jurisdictional reach of the Commonwealth of Australia, as it pertains to the Australian Defence Force and its Navy. The amendment does not specify any exclusions, exemptions, or thresholds beyond the conditions and qualifications mentioned. The Statutory Rule comes into effect on the date of its gazettal, with the authority to make further amendments through subordinate instruments as needed.
Key Provisions
The Naval Forces Regulations (Amendment) Statutory Rule 1988 No. 234, issued under the authority of the Minister for Defence Science and Personnel, amends the existing Naval Forces Regulations, which are made under the Naval Defence Act 1910. The key changes focus on the procedures for provisional promotion of naval officers. Regulation 33, which previously allowed for provisional promotions, has been repealed and replaced with new provisions (subregulations 33(2) to 33(4)).
Under the amended regulation, an officer who does not meet the conditions, qualifications, or requirements specified for promotion may still be provisionally promoted for a period not exceeding 2 years (subregulation 33(2)). This provisional promotion can only occur if the officer is otherwise ineligible for promotion due to the absence of a specific qualification or condition. The Chief of Naval Staff has the authority to revoke a provisional promotion if the officer fails to make satisfactory progress towards meeting the necessary qualifications or conditions during the provisional period (subregulation 33(3)). If the officer does not become eligible for promotion within the provisional period, the provisional promotion will automatically lapse (subregulation 33(4)).
The obligations under these regulations are clear and specific. The Chief of Naval Staff must ensure that officers who are provisionally promoted are monitored closely to assess their progress in meeting the necessary requirements for permanent promotion. If an officer does not make satisfactory progress, the Chief of Naval Staff must take action to revoke the provisional promotion. Failure to adhere to these provisions could result in the automatic termination of the provisional promotion at the end of the allowed period if the officer remains ineligible.
In terms of penalties and consequences for breach, the Act itself does not specify penalties for failing to comply with these provisions. However, any failure to adhere to the stipulated processes for provisional promotions could result in the loss of the provisional promotion status for the officer concerned. This means that if an officer does not make satisfactory progress or fails to meet the necessary conditions within the allowed period, their provisional promotion will lapse, and they will not be promoted. This outcome is automatic and does not require any further action under the Act.