Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE REGULATIONS (AMENDMENT) 1991 NO. 116

STATUTORY RULES 1991 No. 116

ISSUED BY THE AUTHORITY OF THEMINISTER FOR DEFENCE SCIENCE AND PERSONNEL

AIR FORCE REGULATIONS (AMENDMENT)

The Air Force Regulations ("the Regulations") made under the Air Force Act 1923 prescribe various matters relating to the organisation and administration of the Air Force.

Regulation 49 of the Regulations sets out the branches to which officers of the Air Force are allocated. Regulation 88 of the Regulations prescribes compulsory retirement ages for officers in the Air Force.

The Air Force is forming a new general list branch, which will comprise all officers of the rank of Group Captain or above, other than medical officers and chaplains. Officers in the general list branch will be eligible for appointment to any position established at or above that rank level. While professional specialisation will obviously continue to be a relevant factor, the change is intended to remove unnecessary categorisation in the senior ranks and to meet criticism that Air Force senior posting policy was unnecessarily rigid and carried connotations of preference for general duties branch officers.

This requires amendment of regulation 49 to include the general list branch as one of the branches of Air Force officers, and an amendment of regulation 88 to provide for the compulsory retirement ages for officers in that branch. The Statutory Rule makes the necessary amendments by including a reference to the general list branch in regulation 49, and amending regulation 88 so that column 3 of its table covers officers in both the general duties and general list branches.

In addition, the Statutory Rule removes unnecessary provisions from the Regulations. These provisions were not required because they were covered by other provisions, contained administrative detail which did not need legislative cover, or were obsolete.

The Statutory Rule also corrects minor drafting errors and corrects an outdated reference to Commonwealth compensation legislation.

The Attachment contains details of the provisions to be removed, as well as details of the minor drafting amendments.

The Statutory Rule does not adversely affect the rights or conditions of service of any member of the Air Force.

The Statutory Rule comes into operation on the date of gazettal.

ATTACHMENT

AMENDMENTS REMOVING UNNECESSARY PROVISIONS AND MAKING MINOR DRAFTING AMENDMENTS

Regulation 20 of the Regulations required forms in Schedule 1 to be followed when applicable and provided that deviations from the prescribed terms did not invalidate them. This provision was not relevant to the oath or affirmation of allegiance which was the only form remaining in Schedule 1. Procedural defects in relation to the oath or affirmation are now covered by section 122 of the Defence Act 1903.

Regulation 32 of the Regulations provided that the appointment or promotion of an officer did not create a civil contract. Section 13 of the Defence Act now covers this matter for the whole of the Defence Force.

Regulation 66 of the Regulations provided that an officer who had served on active service should for the purpose of promotion be given preference where all other factors were equal. This provision was unnecessary. The fact of an officer having been on active service abroad and the nature and significance of that service would necessarily be taken into account in assessing the officer's suitability for promotion. The corresponding provision that applied to Army officers, section 20A of the Defence Act, was repealed in 1982.

Regulation 87 of the Regulations provides for certain officers to notify the Chief of the Air Staff of their addresses. The amendment removes this requirement from persons on the Retired List. Persons on the Retired List are no longer members of the Defence Force and cannot be called on to serve.

Regulation 89 of the Regulations provided for the transfer of officers on the Retired List or from the Air Force General Reserve or Air Force Specialist Reserve to the Active Force in time of war or defence emergency. This provision was unnecessary since officers in the Reserve can render continuous full-time service in time of war or defence emergency in their capacity as members of the Air Force General Reserve or Air Force Specialist Reserve. Persons on the Retired List are no longer members of the Defence Force and cannot be called on to serve.

Regulation 90 of the Regulations, which dealt. with the seniority of officers on the Retired List recalled to service, had no legal effect as persons on the Retired List cannot be required to render service since they are no longer members of the Defence Force. In order to serve they would have to be re-appointed under regulation 45.

Regulation 90A of the Regulations dealt with the command and precedence of officers of the RAF attached to or serving with the Air Force. This provision was unnecessary as the attachment of members of another country's forces, including members of the RAF, is now dealt with under Part M of the Defence Act.

Subregulation 104(2) of the Regulations was unnecessary as it related to the operation of section 183 of the Air Force Act (UK) which no longer applies to the Air Force.

Regulation 119 of the Regulations provided for the employment of civilian musicians as part-time bandmasters. This provision was unnecessary as the employment of those persons did not require legislation.

The amendment to subregulation 444A(2) of the Regulations, which deals with aspects of discharge, corrects a drafting error.

Regulation 447 of the Regulations provided for every part of the Air Force Reserve on ceasing active service to be returned to their local district. This provision was inappropriate, as the Air Force Reserve is not necessarily organised on a geographical basis. Furthermore, travel entitlements do not require legislative authority. The corresponding Army Reserve provision, which was contained in the then section 50D of the Defence Act, was repealed in 1981.

Subregulation 455(1) of the Regulations, which provided that any person who volunteered may be appointed to or enlisted in the Air Force General Reserve or Air Force Specialist Reserve, was unnecessary. The appointment of officers and enlistment of airmen is adequately covered by regulations 45, 52 and 92. Subregulation 455(2), which provided that persons appointed to or enlisted in the Active Force should under certain circumstances be liable to serve in the Air Force General Reserve or Air Force Specialist Reserve on the termination of their service in the Active Force, was unnecessary for the same reasons as subregulation 455(1).

Regulation 456 of the Regulations provided for the medical examination of members of the Air Force Reserve. This provision was administrative detail which did not require legislative authority.

Regulation 465 of the Regulations dealt with the rank to be held by an officer on appointment to the Air Force General Reserve or Air Force Specialist Reserve. This provision was unnecessary as the appointment of officers is adequately dealt with under regulations 45 and 52. The actual rank held can be dealt with administratively as part of the appointment process.

Regulation 466 of the Regulations provided for the precedence of officers. This matter can be dealt with administratively.

Subregulation 468(2) of the Regulations provided that an officer who was liable to be enrolled in the Air Force General Reserve or Air Force Specialist Reserve under subregulation 455(2) but who was permitted to resign his or her commission was liable to pay a penalty where his or her service in the Reserve fell short of 5 years. This provision became obsolete as a consequence of the repeal of subregulation 455(2).

Regulation 471 of the Regulations dealt with the rank on enlistment of an airman in the Air Force General Reserve or Air Force Specialist Reserve. This provision was unnecessary as rank on enlistment can be dealt with administratively.

Regulation 472 of the Regulations provided for the precedence of airmen. This matter can be dealt with administratively.

The amendment to regulation 475 of the Regulations, which deals with the retirement age of reservists in aircrew musterings, corrects a drafting error.

Regulation 542 of the Regulations provided for the recovery of amounts improperly obtained. This provision was unnecessary as regulations 541 and 571C to which it referred were repealed by Statutory Rules 1988 No. 93. In addition, the general matter of furnishing false information for obtaining a benefit is adequately dealt with under the general law and section 56 of the Defence Force Discipline Act 1982.

The amendment of Division 3 of Part XI of the Regulations omits the heading to that Division, as the last remaining provision in that Division was repealed by Statutory Rules 1988 No. 93.

The amendment to subregulation 628(4) of the Regulations, which deals with retirement or discharge on medical grounds, replaces references to obsolete legislation with a reference to the Commonwealth Employees' Rehabilitation and Compensation Act 1988.