Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 53

STATUTORY RULES 2001 No. 53

Issued by Authority of the Minister for Veterans' Affairs

Air Force Act 1923

Air Force Amendment Regulations 2001 (No. 2)

Section 9 of the Air Force Act 1923 ("the Act") provides that the Governor-General may make regulations for the purposes of the Act.

The Air Force Regulations 1927 ("the Principal Regulations"), made under the Act, prescribe various matters relating to the organisation and administration of the Air Force.

The Defence Legislation Amendment (Flexible Career Practices) Act 2000 made several amendments to the Defence Act 1903 and the Naval Defence Act 1910 to assist with the implementation of flexible career practices for members of the Army and Navy.

Conditions of service for Air Force officers are contained in the Air Force Regulations 1927 ("the Regulations") as opposed to the Air Force Act 1923. This Statutory Rule amends the Principal Regulations to make the corresponding changes for members of the Air Force.

The Statutory Rule amends the Regulations to:

•       allow officers to volunteer to change the nature of their appointment from open-ended to fixed (schedule 1, item 1);

•       extend the Limited-Tenure Promotion scheme to the promotion of officers of the Air Force to the rank of Wing Commander (schedule 1, item 2);

•       allow rejection of an officer's resignation tendered during an initial minimum period of service (schedule 1, items 6 and 7); and

•       allow members other than officers to convert an enlistment from open-ended to fixed (schedule 1, item 8).

Details of the Statutory Rule are contained in the Attachment.

The Statutory Rule commences on Gazettal.

ATTACHMENT

DETAILS OF THE AMENDMENTS TO THE AIR FORCE REGULATIONS

The purpose of the Statutory Rule is outlined below.

Preliminary

Regulation 1 provides the name of the Statutory Rule.

Regulation 2 provides that the Statutory Rule commences on gazettal.

Regulation 3 provides that schedule 1 amends the Air Force Regulations 1927.

Regulation 4 provides that the amendments made by items 6 and 7 (rejection of resignations) do not apply in relation to appointments made before the commencement of the amending Regulations.

Schedule 1 - Amendments

Enable officers to convert a permanent appointment to an appointment for a fixed period

Regulation 47 of the Principal Regulations provides that an officer of the Air Force appointed for a specified period of service, may, on or before the expiration of that period, volunteer for a further period of service or for permanent appointment. If the Chief of Air Force accepts the request, then the appointment of the officer is extended for a further specified period of service or the appointment is converted to a permanent appointment.

While there is flexibility to convert an appointment for a specified period into a permanent appointment (that is, an appointment which expires when the officer attains retiring age), there is no power to convert an appointment which expires on attaining retiring age to an appointment which is for a specified period.

So as to introduce greater flexibility in relation to the employment, of officers, item 1 of schedule 1 to the Statutory Rule amends regulation 47 of the Principal Regulations to allow officers to convert their permanent appointment to an appointment for a specified period. The new provisions provide that this would only occur when the officer volunteers for the conversion.

Extend limited tenure promotions for officers

Regulation 66 of the Principal Regulations provides for the promotion of selected senior Air Force officers for a specific period. Item 2 of schedule 1 of the Statutory Rule amends regulation 66 to allow limited-tenure promotions to be applied where an officer is promoted to Wing Commander rank or above for a set period.

Rejection of resignations tendered during an initial minimum period of service

Regulation 73 of the Principal Regulations provides that an officer of the Air Force may, by writing under his hand addressed to the Chief of Air Force, tender the resignation of his air force office, but the resignation shall not be accepted, and is not effective, except as provided by that regulation. Sub-regulation 73(2) sets out the reasons for which the Chief of Air Force may reject the resignation of an officer without reference to the Governor-General. The reasons for rejecting a resignation include the fact that:

•       it is tendered in time of war or in time of defence emergency;

•       its acceptance would, in the opinion of the Chief of Air Force, seriously prejudice the ability of the Air Force to carry out air force operations that it is carrying out or may be required to carry out;

•       it was tendered when the officer had not completed a period of twelve months service following promotion to the rank of Squadron Leader or a higher rank; or

•       the officer had not completed a period of service that the Chief of Air Force had determined that the officer had to complete.

In order to require officers to serve for an initial period of service, item 6 of schedule 1 of the Statutory Rule amends regulation 73 to enable the Chief of Air Force to reject the resignation of an officer, without reference to the Governor-General, if it is tendered during the officer's initial period of service. Item 7 of schedule 1 provides that the officer's initial period of service will be determined by instrument in writing by the Chief of Air Force.

Items 3, 4 and 5 make minor technical improvements to paragraphs 73(2)(a), (b) and (ba) to make it clear that the paragraphs are each separate circumstances in which the power can be exercised rather than cumulative requirements.

Enable members other than officers to convert an enlistment until attaining retiring age to an enlistment for a fixed period

Regulation 106 of the Principal Regulations provides that a person who is medically fit for service and whose conduct and efficiency are satisfactory may, during the period for which he or she was enlisted or previously engaged, agree to be re-engaged for a further period determined by the Chief of Air Force in accordance with subregulation 106(2).

While there is the ability to convert an enlistment for a fixed period into an enlistment that expires when the enlisted member attains retiring age, there is no power to convert an enlistment that expires when the enlisted member attains retiring age to an enlistment for a fixed period.

So as to introduce greater flexibility in relation to the employment of enlisted members, item 8 of schedule 1 to the Statutory Rule amends the Principal Regulations to allow enlisted members to convert their enlistment which expires on attaining retiring age to an enlistment for a fixed period. The new provision provides that this would only occur when the enlisted member volunteers for the conversion.