Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) 1995 NO. 261

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 261

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

Defence Act 1903

Australian Military Regulations (Amendment)

The Australian military Regulations (the Principal Regulations) , made under the Defence Act 1903, prescribe various matters relating to the administration of the Army.

Following a review of the Principal Regulations, it was proposed that they be simplified, by amalgamating separate officer and enlisted member provisions (dealing with matters such as transfer, posting and promotion) into common provisions, and by amalgamating provisions dealing with various aspects of the same subject matter (such as formation commanders, the appointment of officers, and the advancement and reduction of chaplains) into one main provision dealing with that particular matter. The Statutory Rule makes the necessary changes.

In addition, the Statutory Rule provides a common compulsory retirement age of 55 for officers of the Army below the rank of Major-General. All serving officers who have a compulsory retirement age lower than 55 are able to elect to retire at 55.

The Statutory Rule revises some existing personnel management powers and ensures associated procedural safeguards. An existing provision enabling the reduction in rank of enlisted members is extended to officers. Affected members will continue to have the opportunity to show cause why the action should not be taken. Provisions dealing with the transfer of members between parts of the Army are amalgamated. In this regard, the amendment ensures that, where it is proposed to transfer a member from the Active to the Inactive Australian Army Reserve, prescribed criteria are taken into consideration, and the member is given the opportunity to show cause why he or she should not be transferred. (This is because the consent of the member will not be required for such a transfer.)

The Statutory Rule omits obsolete provisions, and provisions that were unnecessary as a result of the amalgamation of provisions or because they dealt with matters of administrative detail. The Statutory Rule also makes drafting amendments.

The Attachment contains details - of the amalgamated provisions, the amendments to compulsory retirement ages, and those extending the reduction in rank provision to officers.

The purpose of the Statutory Rule is to remove unnecessary provisions in the Principal Regulations, simplify remaining provisions, rationalise compulsory retirement ages, and make amendments to the Principal Regulations which will enable more efficient administration of the Army.

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

ATTACHMENT

DETAILS OF AMALGAMATED PROVISIONS AND SUBSTANTIVE AMENDMENTS

Powers of formation commanders

Regulations 11A and 58 of the Principal Regulations dealt with aspects of the powers of formation. commanders. The provisions in regulation 58, which dealt with who may exercise these powers in the absence of a formation commander, is incorporated into regulation 11A by the Statutory Rule. This ensures that all the provisions dealing with formation commanders are in the same Division of the Principal Regulations. The amendment also enables the senior Army Reserve officer in an Army Reserve formation to exercise the powers of a formation commander in the absence of the formation commander.

Appointment and probation of officers

Regulations 22, 72 and 74 of the Principal Regulations dealt with aspects of the appointment of officers. Regulation 22, which dealt with the establishment of Divisions of officers, is transferred to a new regulation 72 so that all the provisions dealing with the appointment of officers are contained in the same Division of the Principal Regulations.

The former regulation 72 of the Principal Regulations (which dealt with the qualifications required for appointments to parts of the Army) and regulation 74 (which dealt with probationary appointments and the rank a person holds on his or her first appointment) are replaced by a new regulation 73.

This new provision enables the Chief of the General Staff to determine the conditions required for appointment to a particular rank, part of the Army or any other position. In making a determination, the Chief of the General Staff is required to have regard to the education, training, experience and other qualifications that would make a person suitable for the appointment. In addition, new regulation 73 provides that, where an appointment is on probation, the total period of probation must not exceed 5 years.

Transfer of officers and enlisted members

Regulations 76, 106 and 143A of the Principal Regulations dealt with the transfer of officers and enlisted members to different parts of the Army. New regulation 76 amalgamates these separate officer and enlisted member provisions into a common provision. With the exception of transfers of members from the Active to the Inactive Army Reserve, the consent of the member to be transferred will be required.

Compulsory transfer of members from the Active to the Inactive Army Reserve is necessary to ensure that staffing in the Active Army Reserve accords with operational and establishment requirements, particularly the need for career progression through the officer ranks. Where it is proposed to transfer a member from 'the Active to the Inactive Australian Army Reserve, the new provision requires the member to be notified in writing and given a reasonable opportunity to show cause why the transfer should not take place. In a decision to transfer a member, the Chief of the General Staff will be required to take into consideration the operational and training requirements of the Army, practical personnel management, and any written reasons advanced by the member.

Posting and secondment

Regulations 77, 109, 174A, 174B, 174C and 174D of the Principal Regulations dealt in unnecessary detail with administrative aspects of the posting of officers and the secondment of officers and enlisted members. The Statutory Rule replaces these separate officer and enlisted member provisions with a new regulation 77 which provides that the Chief of the General Staff may post a member to a place in or outside Australia, or to a position in or outside the Army establishment. (This reflects the Chief of the General Staff's command power under section 9 of the Act.)

Promotion of officers and enlisted members

Regulations 79, 145, 147 and 160A of the Principal Regulations dealt with aspects of the promotion of officers and enlisted members. The Statutory Rule replaces these separate officer and enlisted member provisions with a new regulation 79. This new provision enables the Chief of the General Staff to determine the conditions that are required for promotion to a particular rank or part of the Army or for any other promotion. In making a determination, the Chief of the General Staff will be required to have regard to the education, training, experience and other qualifications required to make a member suitable for promotion, the career advancement needs of members and the need to ensure the availability of an adequate number of members eligible for promotion.

Compulsory retirement ages

Regulation 124 of the Principal Regulations prescribes the compulsory retirement ages for officers in the Army. Paragraph 12 4 (1) (c) set out the retirement ages for officers in the General Service Officer (GSO) Division and required officers of the ranks of second lieutenant, lieutenant, captain or major to retire at 47 years of age, and officers of the rank of lieutenant-colonel to retire at 50. The Statutory Rule amends regulation 124 to prescribe a new compulsory retirement age of 55 for officers appointed to those ranks in the GSO Division. This standardises the compulsory retirement age at 55 for all Army officer ranks below the rank of Major-General.

A transitional provision gives affected officers a period of 6 months, from the commencement of the Statutory Rule, to elect to adopt the new compulsory retirement age applicable to their rank. The compulsory retirement age of an officer who does not make the election will be unaffected.

The Statutory Rule amends regulation 191 to remove an unnecessary provision which prescribed a compulsory retirement age of 55 for female soldiers in the Permanent Military Forces and the Australian Army Reserve. (This has no practical effect as the compulsory retirement age for female soldiers remains at 55, the age applying to soldiers generally.)

Reduction in rank of enlisted members

Regulations 161, 163, 164 and 165 of the Principal Regulations dealt with aspects of the reduction in rank of enlisted members.

The Statutory Rule replaces these provisions with a new regulation 161 which extends the reduction provisions to cover officers (other than chaplains who are covered by new regulation 597). New regulation 161 enables the Chief of the General Staff to reduce a member in rank on the ground of inefficiency or unsuitability. The new provision requires the member to be notified in, writing of the proposed given an opportunity to show cause why the reduction and member's rank should not be reduced.

Discharge of enlisted members

Regulation 175 of the Principal Regulations prescribes matters to which the Chief of the General Staff must have regard when determining the appropriate period of notice for the discharge of enlisted members. The Statutory Rule simplifies the provision.

Regulation 176 of the Principal Regulations deals with the reasons for the discharge of an enlisted member. The Statutory Rule makes various minor changes to this provision. It also adds a new medical ground f or discharge (paragraph 176(1)(j)) and expands the categories of initial training that are covered by the provision for discharge on the grounds of unsuitability for further training (paragraph 176(1)(m)).

Power to authorise medical examinations

Regulation 434 of the Principal Regulations deals with the power of a member's commanding or superior officer to authorise a medical examination, where the member is absent from duty owing to sickness, or is suspected of being absent without sufficient cause. Prior to amendment, the provision only enabled an examination on the grounds of sickness where the sickness was suspected to be venereal disease or to have been caused by the member's misconduct. The Statutory Rule removes this restriction so that an examination can be authorised where the absence is due to any sickness.

Chaplains' advancement and reduction in classification

Regulation 597 of the Regulations dealt with the advancement of the divisional classification of chaplains, while regulation 598 dealt with the reduction of the divisional classification of chaplains. New regulation 597 amalgamates these separate provisions.

The new provision only enables chaplains to be reduced in classification (other than by their own request) on the ground of inefficiency or unsuitability. The new provision requires that a chaplain affected, by a proposed reduction on these grounds must be informed in writing of the proposal and given an opportunity to show cause why his or her classification should not be reduced.


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