Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE REGULATIONS (AMENDMENT) 1997 NO. 35

STATUTORY RULES 1997 NO. 35

Issued by the Authority of the Minister for Defence Industry, Science and Personnel

Air Force Act 1923

Air Force Regulations (Amendment)

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

The Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") includes amendments to the Defence Act 1903 and the Naval Defence Act 1910 to extend the power to reject the resignation of officers who have not completed a minimum period of service following promotion, and to enable the Governor-General to delegate his power to make limited-tenure promotions.

The Defence Act and Naval Defence Act amendments affect members of the Army and Navy, respectively. The related provisions for members of the Air Force are contained in the Principal Regulations as opposed to the Air Force Act. This Statutory Rule therefore makes the corresponding changes for members of the Air Force. Details of these amendments are in the Attachment to this statement.

In addition, following new command arrangements in the Defence Force, the 1997 Act amended the Defence Act to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff' to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.

Therefore, this Statutory Rule also amends the Principal Regulations by changing references to "Chief of the Air Staff" to "Chief of Air Force". (The other expressions do not appear in the Principal Regulations.)

The amendments to the Principal Regulations relating to minimum service following promotion and delegation of the Governor-General's power commence on the same day as Schedule 3 of the 1997 Act (which contains the corresponding Defence Act and Naval Defence Act amendments). This day is to be fixed by proclamation. All other amendments come into operation on the date of gazettal.

ATTACHMENT

DETAILS OF THE AMENDMENTS TO THE AIR FORCE REGULATIONS ("THE PRINCIPAL REGULATIONS")

1. The following amendments to the Principal Regulations correspond to amendments to the Defence Act 1903 and the Naval Defence Act 1910 made by the 1997 Act.

Requirement to serve 12 months after promotion

2. Regulation 73 of the Principal Regulations enabled the Chief of Air Force to reject the resignation of an Air Force officer who held the substantive rank of Group Captain and above, where the officer had not completed a period of 12 months service in the rank since being promoted to it. This provision was designed to increase efficiency by improving personnel management and reducing posting turbulence. The same considerations apply to all promotions to the rank of Squadron Leader or above.

3. The Statutory Rule amends regulation 73 to enable the Chief of Air Force to reject the resignation of an Air Force officer who holds the substantive rank of Squadron Leader and above, where the officer has not completed a period of 12 months service in the rank since being promoted to it.

Delegation of Governor-General's power to make limited-tenure promotions

4. Statutory Rule 1995 Number 273 inserted a new regulation 66 in the Principal Regulations to enable the Governor-General to make limited-tenure promotions. This provision is intended to allow for a limited number of senior officer promotions, at Group Captain rank or above, where an individual has skills relevant to a particular appointment rather than skills that will enable continued employability at the higher rank level. Limited-tenure promotions are for a set period, normally 3 years, and the officers concerned can, of course, decline such promotions.

5. The Governor-General has delegated his general powers to promote officers in the Air Force but the delegation provisions did not cover limited-tenure promotions. The Statutory Rule amends the Principal Regulations to enable the Governor-General to delegate the power to make limited-tenure promotions in relation to members of the Air Force. The delegation may be to the Chief of the Defence Force or the Chief of Air Force.