Statutory Rules 1995 No. 2731
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Air Force Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Force Act 1923.
Dated 19 September 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GARY PUNCH
Minister for Defence Science and Personnel
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1. Commencement
1.1 These Regulations commence on the same day as Schedule 1 (except items 3 and 11.3) of the Defence Legislation Amendment Act 1995.
2. Amendment
2.1 The Air Force Regulations are amended as set out in these Regulations.
3. Heading to Part III (Officers—appointment, attachment, secondment, advancement, transfer, resignation, and retirement)
3.1 Omit the heading, substitute:
“PART 3—OFFICERS
“Division 1—Appointment, promotion and resignation of officers”.
4. Regulation 46 (Period of appointment)
4.1 Subregulation 46 (2):
Omit the subregulation.
5. New regulation 51A
5.1 After regulation 51, insert:
Chaplains—rank for purposes of appointment, promotion, retirement, termination of appointment etc.
“51A. For the purposes of this Part, a chaplain is taken to have the rank set out in regulation 51 in respect of his or her precedence.”.
6. New regulation 66
6.1 After regulation 65A, insert:
Promotion—limited-tenure
“66. (1) The Governor-General may, by instrument, promote an officer to the rank of Group Captain, or to a higher rank, for the period specified in the instrument.
“(2) The Governor-General may extend the period.
“(3) Subject to subregulation (4), at the end of the period (including any extension), the officer is taken to be retired from the Air Force.
“(4) At any time before the end of the period (including any extension), the Chief of the Air Staff may give written permission for the officer, at the end of that period, to revert to the rank he or she held immediately before promotion.
“(5) If permission is given under subregulation (4), then at the end of the period:
(a) the officer is not taken to be retired from the Air Force under subregulation (3); and
(b) the officer reverts to the rank that he or she held immediately before promotion.
“(6) An officer may decline promotion under this regulation.”.
7. Regulation 72 (Appointments to be held during pleasure)
7.1 Omit the regulation.
8. New Division 2 of Part 3 (Officers)
8.1 After regulation 73, insert:
“Division 2—Retirement and termination of appointment of officers
Interpretation
“74. In this Division:
‘relevant authority’ means:
(a) in relation to an officer who holds the rank of Air Commodore or a higher rank—the Minister; or
(b) in relation to any other officer—the Chief of the Air Staff;
‘senior officer’ means an officer who holds the rank of Air Vice-Marshal or a higher rank.
Retirement of senior officers—Chief of Defence Force, Vice-Chief of Defence Force, Chief of Air Staff
“75. (1) When the period of an appointment of a senior officer under section 9 or 9AA of the Defence Act ends, the Governor-General must retire the officer from the Air Force as soon as is reasonably practicable.
“(2) Subregulation (1) does not apply if, before the period of the appointment ends, the officer is appointed or re-appointed to an office under section 9 or 9AA of the Defence Act, whether or not the appointment or re-appointment takes effect immediately after the end of the period of the first-mentioned appointment.
Retirement of other senior officers—expiry of appointment
“76. (1) When a senior officer completes the period of service that, under regulation 46, represents the period of his or her appointment as an officer, or that period as extended, the Governor-General must retire the officer from the Air Force as soon as is reasonably practicable.
“(2) Until the officer is retired, he or she remains an officer of the part of the Air Force in which he or she is serving.
Retirement of other officers on expiry of appointment
“77. (1) This section applies to an officer, other than a senior officer.
“(2) When an officer completes the period of service that, under regulation 46, represents the period of his or her appointment as an officer, or that period as extended, the relevant authority must retire the officer from the Air Force as soon as is reasonably practicable.
“(3) Until the officer is retired, he or she remains an officer of the part of the Air Force in which he or she is serving.
Retirement of officers for incapacity etc.
“78. (1) The relevant authority may give an officer a retirement notice.
“(2) A retirement notice is a written notice that:
(a) states that it is proposed that the officer be retired; and
(b) states the ground on which the officer is to be retired; and
(c) invites the officer to give the relevant authority a written statement of reasons why the officer should not be retired; and
(d) specifies a period of at least 28 days after the giving of the notice as the period within which the statement of reasons must be given; and
(e) sets out sufficient particulars of the facts and circumstances constituting the ground specified in the notice to enable the officer to prepare the statement of reasons.
“(3) The grounds on which an officer may be retired under this regulation are:
(a) the officer is incapable of rendering effective service because of physical or mental incapacity that is not within the officer’s control; or
(b) the officer is inefficient or incompetent through causes not within his or her control.
“(4) The Governor-General must retire a senior officer if the relevant authority gives the officer a retirement notice and:
(a) the officer does not give the authority, within the period specified in the notice, the statement of reasons referred to in paragraph 2 (c); or
(b) having considered a statement given by the officer, the Governor-General is of the opinion that the ground of retirement specified in the notice has been established.
“(5) The relevant authority must retire an officer (other than a senior officer) if the authority gives the officer a retirement notice and:
(a) the officer does not give the authority, within the period specified in the retirement notice, the statement of reasons referred to in paragraph 2 (c); or
(b) having considered a statement given by the officer, the authority is of the opinion that the ground of retirement specified in the notice has been established.
Form and date of effect of retirement
“79. (1) The retirement of an officer under regulation 75 to 78 must be in writing that specifies the day on which the retirement takes effect.
“(2) For the purposes of subregulation (1), the specified day must be:
(a) not earlier than the day on which the officer is given a copy of the instrument by which he or she is retired; and
(b) not later than 3 months after the day referred to in paragraph (a).
Termination of appointment of officer for absence without leave
“80. The relevant authority may terminate the appointment of an officer who has been absent without leave for a continuous period of at least 3 months.
Termination of appointment on other grounds
“81. (1) The relevant authority may give an officer a termination notice.
“(2) A termination notice is a written notice that:
(a) states that it is proposed that the appointment of the officer be terminated; and
(b) states the ground on which the officer’s appointment is to be terminated; and
(c) invites the officer to give the relevant authority a written statement of reasons why the officer’s appointment should not be terminated; and
(d) specifies a period of at least 28 days after the giving of the notice as the period within which the statement of reasons must be given; and
(e) sets out sufficient particulars of the facts and circumstances constituting the ground specified in the notice to enable the officer to prepare the statement of reasons.
“(3) The grounds on which the appointment of an officer may be terminated are:
(a) in the case of an officer who has been convicted of an offence, or a service offence within the meaning of the Defence Force Discipline Act 1982—the Chief of the Air Staff has certified, in writing, that, having regard to the nature and seriousness of the offence, the retention of the officer is not in the interests of the Defence Force; or
(b) the officer is inefficient or incompetent for reasons or causes within his or her control; or
(c) the retention of the officer is not in the best interests of the Defence Force:
(i) because of the officer’s behaviour; or
(ii) because of the officer’s performance for reasons or causes within his or her control.
“(4) For the purpose of paragraph (3) (a), an officer is taken to have been convicted of an offence, or a service offence, if a court or service tribunal, in proceedings relating to that offence, has found that the officer committed the offence, whether or not the court or tribunal entered a conviction.
“(5) The Governor-General must terminate the appointment of a senior officer if the relevant authority gives the officer a termination notice and:
(a) the officer does not give the authority, within the period specified in the notice, the statement of reasons referred to in paragraph (2) (c); or
(b) having considered a statement given by the officer, the Governor-General is of the opinion that the ground of termination specified in the notice has been established.
“(6) The relevant authority must terminate the appointment of an officer (other than a senior officer) if the relevant authority gives the officer a termination notice and:
(a) the officer does not give the authority, within the period specified in the termination notice, the statement of reasons referred to in paragraph (2) (c); or
(b) having considered a statement given by the officer, the relevant authority is of the opinion that the ground of termination specified in the notice has been established.
Form and date of effect of termination
“82. (1) The termination of the appointment of an officer must be in writing that specifies the day on which the termination takes effect.
“(2) Subject to subregulation (3), for the purpose of subregulation (1) the specified day must be:
(a) not earlier than the day on which the officer is given a copy of the instrument by which his or her appointment is terminated; and
(b) not later than 3 months after the day referred to in paragraph (a).
“(3) In the case of termination of an appointment under regulation 80, the specified day must not be earlier than the day on which the termination notice is signed by the relevant authority.
Offer of special benefit to officer
“83. (1) Subject to regulation 84, the Chief of the Air Staff may give an officer a written notice stating that if the officer retires from the Air Force within the period specified in the notice, the officer will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act.
“(2) The period to be specified in the notice is a period of one month commencing not earlier that the day on which the notice is given to the officer.
“(3) If a notice is given to an officer under subregulation (1):
(a) the officer may retire from the Air Force within the period specified in the notice even though he or she would not otherwise be entitled to retire; and
(b) if the officer retires under paragraph (a)—the officer is taken to have been compulsorily retired from the Air Force.
Notice of intention to begin retirement procedures
“84. (1) The Chief of the Air Staff may not give an officer a notice under subregulation 83 (1) unless the officer has been given a written notice setting out the matters referred to in subregulation (2) and:
(a) the officer has not given the Chief of the Air Staff the statement of reasons referred to in paragraph (2) (c); or
(b) having considered a statement given by the officer, the Chief of the Air Staff is of the opinion that the notice under subregulation 83 (1) should be given.
“(2) The written notice must:
(a) inform the officer that the Chief of the Air Staff is considering giving him or her a notice under subregulation 83 (1); and
(b) state the reasons why the Chief of the Air Staff is considering giving him or her that notice; and
(c) invite the officer, within the period specified in the notice, to give the Chief of the Air Staff a written statement of reasons why the officer should not be retired from the Air Force.
“(3) The period specified for the purpose of paragraph (2) (c) must:
(a) be a period of at least 14 days; and
(b) commence no earlier than the day on which the notice is given to the officer.
Retirement of officer without special benefit
“85. (1) If an officer to whom a notice has been given under subregulation 83 (1) does not retire within the period specified in the notice, the Chief of the Air Staff may retire the officer if the Chief of the Air Staff considers it necessary to do so in the interests of the organisational effectiveness of the Air Force.
“(2) The Chief of the Air Staff retires an officer under subregulation (1) by giving the officer a notice stating that the officer is retired from the Air Force at the end of the period specified in the notice.
“(3) The period specified under subregulation (2) must be a period of at least 13 months commencing on the day on which the notice is given to the officer.
“(4) An officer to whom a notice is given under subregulation (2) is taken to have been retired from the Air Force on the day specified in the notice.
“(5) An officer who is retired under this regulation is taken to have been compulsorily retired from the Air Force.
Time not to run during certain periods
“85A. (1) For the purpose of ascertaining when a period referred to in this Division ends in relation to an officer, any period during which a complaint made by the officer is being investigated is not to be taken into account.
“(2) Subregulation (1) applies only to a complaint that:
(a) is made by the officer concerned:
(i) under the Defence Force Regulations; or
(ii) to the Defence Force Ombudsman under the Ombudsman Act 1976; and
(b) concerns action taken under regulation 83, 84 or 85 in relation to the officer.”.
9. Regulation 88 (Retiring ages for officers)
9.1 After subregulation 88 (2), insert:
“(2A) Subject to subregulations (3), (4) and (5), when an officer (including a chaplain) reaches the age for compulsory retirement under this regulation, he or she is taken to be retired from the Air Force.”.
10. Regulation 118 (Retiring age for airmen)
10.1 After subregulation 118 (2), insert:
“(2A) Subject to subregulation (3), when an airman reaches the age for compulsory retirement under this regulation, he or she is taken to be retired from the Air Force.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 26 September 1995.
2. Statutory Rules 1927 No. 161 as amended by 1928 Nos. 52 and 109; 1929 Nos. 75 and 114; 1930 Nos. 77, 94 and 135; 1931 Nos. 3, 78 and 115; 1932 Nos. 9, 63 and 133; 1933 Nos. 16, 46, 58, 82, 89 and 117; 1934 Nos. 25, 51, 74, 81, 122 and 125; 1935 Nos. 32 and 98; 1936 No. 17; 1937 No. 21; 1938 Nos. 12, 13, 22, 48, 77, 97 and 120; 1939 Nos. 21, 64 and 142; 1940 Nos. 31, 53, 75, 114, 125, 140, 220, 241 and 279; 1941 Nos. 68, 106, 137, 181 and 228; 1942 Nos. 29, 158, 232, 254, 346, 383, 416, 440, 441, 476 and 543; 1943 Nos. 119 and 198; 1944 Nos. 34, 50, 64, 75, 146 and 153; 1945 Nos. 49, 79, 95, 105, 196 and 201; 1946 Nos. 40, 111, 145 and 162; 1947 No. 22; 1948 Nos. 34, 51, 67, 86 and 152; 1949 Nos. 82, 86 and 115; 1950 No. 66; 1952 Nos. 14, 34, 49 and 86; 1954 Nos. 30 and 132; 1955 Nos. 36, 41 and 92; 1956 Nos. 19 and 43; 1958 No. 62; 1959 No. 100; 1960 No. 52; 1961 Nos. 7, 14, 28, 46, 88, 95, 126, 131 and 138; 1962 No. 24; 1963 Nos. 63, 64, 76, 91, 114, 116 and 117; 1964 Nos. 9, 13, 47, 94 and 99; 1965 Nos. 9, 10, 25, 57, 58, 77, 141, 142, 153 and 166; 1966 Nos. 4, 30, 127 and 150; 1967 Nos. 11, 39, 104 and 171; 1968 Nos. 90, 98, 140 and 155; 1969 Nos. 3, 116, 117, 148 and 180; 1970 Nos. 2, 37, 117, 132 and 156; 1971 Nos. 29, 50, 78, 121, 153 and 169; 1972 Nos. 16, 28, 54, 87, 89, 91 and 144; 1973 Nos. 96, 97, 98, 100, 172, 199, 200, 246 and 256; 1974 Nos. 76, 79, 90, 160, 202 and 257; 1975 Nos. 3, 38 and 56; Act No. 96, 1975; 1976 Nos. 6, 10, 60, 128, 191, 241 and 257; 1977 Nos. 5, 38, 129, 142, 203, 240, 276, 277 and 279; 1978 Nos. 23, 61, 71, 78, 89, 162, 181, 198, 225, 237 and 238; 1979 Nos. 19, 31, 49, 50, 63, 130, 133, 257, 303 and 310; 1980 Nos. 2, 35, 40, 41, 129, 146, 151, 152, 153, 176, 221, 224, 246, 250, 301, 306, 313, 351 and 361; 1981 Nos. 22, 26, 48, 68, 92, 132, 144, 185, 186, 224, 240, 273, 315, 336 and 340; 1982 Nos. 3, 6, 37, 51, 104, 109, 174, 182, 203, 221, 248, 333, 356 and 360; 1983 Nos. 12, 15, 63, 170, 196, 259, 271, 284, 300, 334, 337 and 340; 1984 Nos. 59, 73, 77, 91, 151, 187, 198, 214, 226, 239, 277, 298, 302, 327, 330, 334, 339, 374, 379, 382, 384, 385, 438, 440, 447, 450, 455 and 458; 1985 Nos. 73, 77, 91, 115, 170, 213, 216 and 219; 1986 No. 105; 1987 Nos. 9 and 20; 1988 Nos. 40, 57, 75, 76, 93, 129 and 344; 1989 No. 20, 21 and 219; 1990 Nos. 95, 101, 288 and 377; 1991 Nos. 90, 116, 132, 322 and 363; 1993 No. 192.