EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 283
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES (WOMEN’S SERVICES) REGULATIONS (AMENDMENT)
The Statute Law (Miscellaneous Provisions) Act (No 1) 1983, assented to on 20 June 1983, amended various acts, including the Naval Defence Act 1910 (the Act). An amendment made to the Act removes the requirement to prescribe discharge authorities and specifies the Chief of Naval Staff as an authority for discharging sailors. There is also provision for the Chief of Naval Staff to delegate that power.
The Naval Forces (Women’s Services) Regulations, made under the Act, make special provision on some matters of administration, including discharge, for female members of the Navy. This Statutory Rule makes various amendments to the Naval Forces (Women’s Services) Regulations corresponding with and supplementing the above-mentioned amendment to the Act.
Regulations 1 and 3 of the Statutory Rule repeal in turn regulations 20 and 21M of the Naval Forces (Women’s Services) Regulations which prescribe authorities who may discharge servicewomen from the Women’s Royal Australian Naval Service and the Women’s Royal Australian Naval Service Reserve, respectively.
Regulation 2 of the Statutory Rule makes a consequential amendment to regulation 20AA to substitute the Chief of Naval Staff for “an authority” who may determine that the retention of a servicewoman in the Navy is not in the interest of the Navy.
The amendments have effect from the date of gazettal of the Statutory Rule.
Overview
The Naval Defence Act 1910, as amended by the Statute Law (Miscellaneous Provisions) Act (No 1) 1983, addresses a gap in the administrative framework for the discharge of female members in the Royal Australian Navy. This legislative adjustment was enacted by the Australian Parliament to modernise the discharge procedures for servicewomen, particularly within the Women's Royal Australian Naval Service and the Women's Royal Australian Naval Service Reserve. The policy objective behind these amendments is to streamline the discharge process by clearly designating the Chief of Naval Staff as the authority for discharging sailors and allowing for the delegation of this authority, thereby enhancing the administrative efficiency and consistency of the naval service. These amendments are implemented through the Naval Forces (Women’s Services) Regulations, which have been correspondingly amended to reflect the changes in the Act.
Scope and Application
The Naval Defence Act 1910, as amended, applies to all members of the Navy, including female servicewomen, and the regulations made under this Act further detail the special provisions for female members. The Naval Forces (Women’s Services) Regulations, amended by the Naval Forces (Women’s Services) Regulations (Amendment) Statutory Rule, specify the authorities responsible for various administrative matters concerning women in the Navy, such as discharge. Notably, these regulations now designate the Chief of Naval Staff as the authority for discharging sailors, with the power to delegate this responsibility. The scope of these regulations is limited to the Navy, focusing on the administrative procedures that apply specifically to female servicewomen. The amendment removes previous specifications of discharge authorities, thereby broadening the authority to the Chief of Naval Staff. The changes made by the Statutory Rule are effective from the date of their gazettal, ensuring that the regulations are promptly updated to reflect the legislative amendments.
Key Provisions
The main operative sections of the legislation are sections 1 to 3 of the Naval Forces (Women’s Services) Regulations (Amendment) Statutory Rule 1983. Section 1 repeals regulation 20 of the Naval Forces (Women’s Services) Regulations, while section 3 repeals regulation 21M of the same Regulations. Section 2 of the Statutory Rule makes a consequential amendment to regulation 20AA, substituting the Chief of Naval Staff for the previously prescribed “authority” who may determine that the retention of a servicewoman in the Navy is not in the interest of the Navy. These sections collectively effect changes in the administrative procedures concerning the discharge of female members of the Navy.
The obligations and requirements imposed by the Act and the amended Regulations are primarily focused on the authority for discharging servicewomen. The Chief of Naval Staff is now explicitly named as the authority responsible for making decisions on the discharge of female members of the Navy. This change streamlines the administrative process by removing the previous requirement to prescribe specific discharge authorities. Additionally, the Regulations allow for the Chief of Naval Staff to delegate the power to discharge servicewomen, providing flexibility in managing personnel decisions within the Navy.
Under the amended Regulations, there are specific offences and penalties for breaches of the discharge authority provisions, although the maximum penalties are not explicitly stated in the provided text. The consequences of non-compliance with the Regulations may include disciplinary actions, administrative penalties, or legal repercussions depending on the severity and context of the breach. It is important to note that the precise nature and extent of these consequences would need to be determined based on the relevant laws and policies in place at the time of any alleged breach.
The amendments to the Naval Forces (Women’s Services) Regulations are designed to align with the changes in the Naval Defence Act 1910, ensuring consistency in the legal framework governing the discharge of female members of the Navy. These changes reflect an updated administrative approach, centralising the authority for such decisions with the Chief of Naval Staff and allowing for delegation where necessary. The consequential amendment to regulation 20AA further ensures that the process for determining the retention of servicewomen is clearly defined and consistent with the statutory changes.