Naval Forces Regulations (Amendment)

Legislation au C2004L00791 Regulations Not in force Legislative Instrument

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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proper, there is no longer a requirement for separate Women’s Services and the Women’s Services Regulations are being repealed.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.

Overview

The Naval Forces Regulations (Amendment) Statutory Rule 1985 was enacted to address the integration of female members of the Navy into the Navy proper, thus eliminating the need for separate Women's Services. This amendment was issued by the authority of the Minister for Defence and made consequential changes to the existing Naval Forces Regulations under the Naval Defence Act 1910. The policy objective of this amendment is to ensure that all female members of the Navy, including those with prior service in the Women's Services, are considered fairly in terms of their seniority and rank. The Statutory Rule also introduces provisions for the appointment and promotion of officers in the Navy, aligning these procedures with those applicable to the Air Force and Army, and ensures that the criteria for such appointments and promotions are based on relevant education, training, experience, and qualifications.

Scope and Application

The Naval Forces Regulations, established under the Naval Defence Act 1910, pertain to the administration of the Australian Navy, including the appointment and promotion of officers. The proposed amendments to these regulations, detailed in the Statutory Rule, aim to streamline the process by integrating the Women’s Services into the Navy proper, thus repealing the Women’s Services Regulations. The new provisions govern the appointment and promotion of officers within the Navy and ensure 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. The amendments also introduce new regulations governing the conditions, qualifications, and requirements for appointments and promotions within the Navy, as well as provisions for provisional promotions and temporary promotions. These regulations apply to all members of the Navy, including those who previously served in the Women’s Services, and are issued under the authority of the Minister for Defence. The amendments come into effect on the date of gazettal.

Key Provisions

The Naval Forces Regulations (Amendment) Statutory Rule primarily amends the existing Naval Forces Regulations to reflect the integration of female members into the Navy proper, abolishing the separate Women’s Services. Regulation 1 of the Statutory Rule amends regulation 22 to expand the consideration of former service in the Women’s Services when determining the seniority and rank of all female members of the Navy. Regulation 2 substitutes for regulation 23, introducing new regulations 23 and 23A to provide a broader framework for considering past service in the Women’s Services. Regulation 3 inserts a new Division 5 into Part 1 of the Regulations, consisting of regulations 30 to 34, which set out general conditions for the appointment and promotion of officers in the Navy. The obligations imposed by these regulations include the requirement for the Chief of Naval Staff to determine the conditions, qualifications, and requirements for appointments and promotions, taking into account factors such as education, training, experience, and other relevant qualifications. The Chief of Naval Staff must also consider individual cases where the standard requirements may be dispensed with, as permitted by sub-regulations 30(4) and 32(4). Additionally, the new regulations establish a maximum probation period of 5 years for appointments, as per regulation 31, and provide for provisional promotions under certain conditions, as outlined in regulation 33. Temporary promotions, as described in regulation 34, are also permitted for officers performing duties appropriate to a higher rank. Breaches of these regulations could result in administrative consequences, but the Statutory Rule does not explicitly state civil or criminal penalties for non-compliance. However, the overarching Naval Defence Act 1910, under which these regulations are made, may provide for penalties in the event of non-compliance with its provisions. It is important to note that the Statutory Rule comes into operation on the date of gazettal, meaning that compliance with the new regulations is mandatory from that date onwards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.