EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 93
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations (“the Regulations”), made under the Naval Defence Act 1910, provide for various matters relating to the administration of the Navy, including the appointment and promotion of officers. The Naval Forces (Women’s Services) Regulations (“the Women’s Services Regulations”), also made under the Act, made special provision on some matters for female members of the Navy, and established the services known as the Women’s Royal Australian Naval Service, the Women’s Royal Australian Naval Service Reserve and the Royal Australian Naval Nursing Service (“the Women’s Services”).
As all female members are being absorbed into the Navy proper, there is no longer a requirement for separate Women’s Services and the Women’s Services Regulations are being repealed.
The proposed Statutory Rule makes amendments consequential on the repeal of the Women’s Services Regulations and introduces provisions governing the appointment and promotion of officers in the Navy.
Regulations 22 and 23 of the Regulations provided for appropriate seniority and rank, taking into account former service in the Women’s Services, where female officers had already transferred to the Navy proper. Regulations 1 and 2 of the Statutory Rule amend regulation 22 and substitute for regulation 23 new regulations 23 and 23A. These amendments expand the former provisions so that any former service in the Women’s Services is taken into account in determining the seniority and rank of all female members of the Navy.
Regulation 3 of the Statutory Rule inserts a new Division 5 into Part 1 of the Regulations, dealing with general conditions for the appointment and promotion of officers in the Navy. The new Division 5 consists of regulations 30-34 inclusive. These provisions are on the same general lines as existing provisions applicable to the Air Force. Army provisions dealing with officers’ appointments and promotions are also being adapted to this pattern.
Regulation 30 enables the Chief of Naval Staff to determine, by instrument, the conditions, qualifications and requirements for appointments to specified ranks, in specified parts of the Navy, or of a specified kind. In making such a
determination the Chief of Naval Staff is to have regard to the education, training, experience or other qualifications required for the appointments concerned. Sub-regulation 30(4) enables the Chief of Naval Staff, having regard to the same criteria, to dispense with these requirements in individual cases.
Regulation 31 provides that, where appointments are expressed to be on probation, the period of probation shall not exceed 5 years, and the appointment shall lapse at the end of the period of probation unless confirmed or revoked by the Governor-General beforehand.
Regulation 32 enables the Chief of Naval Staff to determine, by instrument, the conditions, qualifications and requirements for promotions to specified ranks, in specified parts of the Navy, or of a specified kind. In making such a determination the Chief of Naval Staff is to have regard to the level of education, training, experience and other qualifications required for the promotions concerned. Sub-regulation 32(4) enables the Chief of Naval Staff, having regard to the same criteria, to dispense with these requirements in individual cases.
Regulation 33 enables provisional promotion where an officer, who is not eligible for promotion because a condition, qualification or requirement specified in regulation 32 has not been met, has commenced or undertaken to commence to do what is necessary to become eligible for that promotion. Where an officer fails to become eligible within 2 years, the provisional promotion lapses and, where an officer fails to comply with an undertaking to do what is necessary to become eligible, the provisional promotion may be revoked.
Regulation 34 enables an officer to be temporarily promoted to a rank higher than the officer’s substantive rank, while performing duties appropriate to the higher rank and for any further period approved by the Chief of Naval Staff.
Regulations 4 and 5 of the Statutory Rule make drafting amendments in connection with divisional headings of the Regulations.
Regulations 6 and 9 of the Statutory Rule repeal regulations 43, 54, 57, 60, 74, 186 and 188 of the Regulations. These provisions dealt with various aspects of appointment and promotion and were superseded by the provisions introduced by regulation 3 of the Statutory Rule.
Regulation 7 of the Statutory Rule makes drafting amendments to sub-regulation 102(4A) of the Regulations, which prescribes retiring ages for former officers of the Women’s Services.
Regulation 8 of the Statutory Rule makes a drafting amendment to regulation 102A, which preserves the rights of former officers of the Women’s Services to retain retiring ages that were applicable to them under the Women’s Services Regulations.
Commencement
The Statutory Rule comes into operation on the date of gazettal.