EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 212
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, prescribe various matters relating to the organization and administration of the Navy and, in particular, the period of engagement in various parts of the Navy, including the Naval Emergency Reserve Forces.
This Statutory Rule amends the Naval Forces Regulations by reducing the prescribed period of engagement for members of the Naval Emergency Reserve Forces from 4 years to 3 years. The Naval Emergency Reserve Forces are intended to provide a pool of ex-Permanent Force members without a training commitment. Such members do not retain their effectiveness for longer than 3 years, and the shorter engagement period is aligned to this assessment.
The Regulations are also amended by the repeal of certain provisions relating to matters concerning enlistment in the Naval Emergency Reserve Forces. These matters are dealt with administratively by the Army and Air Force, and there is no need to make provision in the Regulations for the Navy.
Regulation 169 of the Regulations prescribes the conditions for eligibility for enlistment in the Naval Emergency Reserve Forces.
Regulation 1 of the Statutory Rule repeals regulation 169; the subject matter of that regulation can be dealt with administratively.
Regulation 2 of the Statutory Rule repeals regulation 170 of the Regulations, which prescribes periods of engagement in the Naval Emergency Reserve Forces, and inserts a new regulation 170 which prescribes a period of engagement in the Naval Emergency Reserve Forces of 3 years.
Sub-regulation 172(1) provides that a sailor who has attained the age of 48 years is not eligible to be re-engaged for further service in the Naval Emergency Reserve Forces.
Regulation 3 of the proposed Statutory Rule omits sub-regulation 172(1); the subject matter of that sub-regulation can be dealt with administratively.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Naval Forces Regulations (Amendment) Statutory Rules 1985 No. 212 were enacted to refine the administrative framework governing the Navy, specifically targeting the Naval Emergency Reserve Forces. This legislation was issued under the authority of the Minister for Defence, aiming to align the prescribed period of engagement for members of the Naval Emergency Reserve Forces with the practical assessment of their effectiveness. The reduction of the engagement period from four years to three years was a response to the recognition that these reservists do not retain their effectiveness beyond this shorter timeframe. The policy objective behind this amendment was to streamline the administrative processes concerning the Navy, ensuring that the regulations are both efficient and reflective of the actual utility of reservists in this capacity.
The amendment also involved the repeal of certain enlistment provisions that were already being managed by the Army and Air Force, thereby removing redundancy and ensuring a more cohesive approach to managing reserve forces across all defence branches. The changes, which came into effect on the date of gazettal, sought to enhance the operational readiness and administrative efficiency of the Navy by addressing specific gaps in the existing regulatory framework.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rule 1985 No. 212, issued under the authority of the Minister for Defence, modifies the Naval Forces Regulations by adjusting the prescribed period of engagement for members of the Naval Emergency Reserve Forces. This amendment reduces the engagement period from 4 years to 3 years, reflecting the understanding that members of the Naval Emergency Reserve Forces do not retain their effectiveness beyond this shorter period. Additionally, the amendment removes certain enlistment provisions from the Regulations, aligning the administrative handling of these matters with the Army and Air Force, thereby streamlining the administrative processes specific to the Navy. The changes primarily affect individuals who are or may be enlisted in the Naval Emergency Reserve Forces, with the regulations now excluding provisions for matters that are administratively managed by other branches of the defence forces. The amended Regulations will come into effect on the date of their gazettal, ensuring prompt implementation of the revised engagement period and administrative adjustments.
Key Provisions
The key operative sections of the Statutory Rule focus on amending the Naval Forces Regulations, specifically addressing the engagement period and eligibility for the Naval Emergency Reserve Forces. Regulation 2 of the Statutory Rule repeals regulation 170 of the Regulations and introduces a new regulation 170 that specifies a reduced engagement period of 3 years for members of the Naval Emergency Reserve Forces. This change is based on the assessment that such members do not retain their effectiveness beyond this period. Additionally, Regulation 1 repeals regulation 169, which dealt with eligibility for enlistment, as these matters are now administratively handled by the Army and Air Force. Regulation 3 omits sub-regulation 172(1), which previously barred re-engagement for sailors aged 48 or over, as this can also be managed administratively.
The amended Regulations impose specific obligations on members of the Naval Emergency Reserve Forces by setting a clear and reduced engagement period of 3 years. This amendment aligns with the assessment that the effectiveness of these members diminishes beyond this timeframe. Additionally, the repeal of regulations concerning enlistment eligibility and the age limit for re-engagement transfers these administrative responsibilities to the Army and Air Force, thereby streamlining the regulatory framework for the Navy.
Breach of the provisions within the amended Regulations may not explicitly outline specific offences, penalties, or civil/criminal consequences in the provided text. However, it is reasonable to infer that non-compliance with the specified engagement period and eligibility criteria could result in administrative actions or disciplinary measures within the Navy. The exact nature of these consequences would typically be governed by the broader administrative and disciplinary frameworks within the Defence Force, rather than the specific Statutory Rule itself.