Schedule 1 Amendments

(regulation 3)

[1] After regulation 108C

insert

(1) The Chief of Air Force may, by instrument, promote an airman to the rank of Warrant Officer for the period specified in the instrument.

(2) The Chief of Air Force may extend the period.

(3) Subject to this regulation, at the end of the period (including any extension), the airman is taken to be discharged from the Air Force.

(4) At any time before the end of the period (including any extension), the Chief of Air Force may give written permission for the airman, 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 airman is not taken to be discharged from the Air Force under subregulation (3); and

(b) the airman reverts to the rank that he or she held immediately before promotion.

(6) At any time before the end of the period (including any extension), the airman may notify the Chief of Air Force in writing that the airman wishes to transfer to the Air Force Reserve at the end of the period.

(7) If the airman notifies the Chief of Air Force under subregulation (6), then at the end of the period:

(a) the airman is not taken to be discharged from the Air Force under subregulation (3); and

(b) the airman is transferred to the Air Force Reserve.

(8) An airman may decline promotion under this regulation.

[2] Subregulation 115 (2), at the foot

insert

Note An airman may also be discharged as a result of the operation of regulation 108D.

[3] After regulation 115A

insert

115B Offer of special benefits to airmen

(1) Subject to regulation 115C, the Chief of Air Force may give an airman who holds the rank of Warrant Officer or Flight Sergeant a written notice stating that if, within a specified period, the airman:

(a) discharges from the Air Force; or

(b) notifies the Chief of Air Force that the airman wishes to transfer to the Air Force Reserve;

the airman 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 1 month commencing not earlier than the day on which the notice is given to the airman.

(3) If an airman is given a notice under subregulation (1):

(a) the airman may discharge from the Air Force within the period specified in the notice even though he or she would not otherwise be entitled to discharge; and

(b) if the airman discharges under paragraph (a):

(i) the discharge takes effect on the day specified in writing by the Chief of Air Force, being a day not later than 28 days after the day on which the airman notified his or her acceptance of the special benefit; and

(ii) the airman is taken for all purposes to have been compulsorily discharged from the Air Force.

(4) If an airman:

(a) is given a notice under subregulation (1); and

(b) notifies the Chief of Air Force under paragraph (1) (b);

the airman may transfer to the Air Force Reserve in the period specified in the notice.

115C Notice of intention to begin discharge or transfer procedures

(1) The Chief of Air Force must not give an airman a notice under subregulation 115B (1) unless the airman has been given a written notice setting out the matters referred to in subregulation (2) and:

(a) the airman has not given the Chief of Air Force the statement of reasons referred to in paragraph (2) (c); or

(b) having considered a statement of those reasons by the airman, the Chief of Air Force is of the opinion that the notice under subregulation 115B (1) should be given.

(2) The written notice must:

(a) inform the airman that the Chief of Air Force is considering giving a notice under subregulation 115B (1) to the airman; and

(b) state the reasons why the Chief of Air Force is considering giving that notice to the airman; and

(c) invite the airman, within the period specified in the notice, to give to the Chief of Air Force a written statement of reasons why the airman should not be discharged from the Air Force or transferred to the Air Force Reserve.

(3) The period specified for the purpose of paragraph (2) (c) must:

(a) be a period of at least 14 days; and

(b) commence not earlier than the day on which the notice is given to the airman.

115D Discharge or transfer of airmen without special benefits

(1) This regulation applies to an airman:

(a) to whom a notice has been given under subregulation 115B (1); and

(b) who does not, within the period specified in the notice:

(i) discharge from the Air Force; or

(ii) transfer to the Air Force Reserve; and

(c) in respect of whom the Chief of Air Force considers it is necessary to take action under this regulation in the interests of the organisational effectiveness of the Air Force.

(2) The Chief of Air Force may, at any time after the period specified in the notice given to the airman under subregulation 115B (1), give notice to the airman in accordance with subregulation (3).

(3) The notice is to the effect that the Chief of Air Force proposes to discharge the airman at the end of a period (the relevant period) unless the airman notifies the Chief of Air Force in writing in the relevant period that the airman wishes to transfer to the Air Force Reserve at or before the end of that period.

(4) The relevant period must be not less than 13 months starting on the day on which the notice is given to the airman.

(5) If the airman does not notify the Chief of Air Force in accordance with subregulation (3), the Chief of Air Force may discharge the airman at the end of the relevant period.

(6) For the purposes of subregulation (5), the Chief of Air Force discharges an airman by giving notice to the airman that the airman is discharged from the Air Force at the end of the relevant period.

(7) An airman to whom notice is given under subregulation (6) is discharged from the Air Force at the end of the relevant period.

(8) An airman who is discharged under subregulation (7) is taken for all purposes to have been compulsorily discharged from the Air Force.

115E Time not to run during certain periods

(1) In ascertaining when a period referred to in regulation 115B, 115C or 115D ends in relation to an airman, any period during which a complaint made by the airman is being investigated is not to be taken into account.

(2) Subregulation (1) applies only to a complaint that:

(a) is made by the airman:

(i) under the Defence Force Regulations 1952; or

(ii) to the Defence Force Ombudsman under the Ombudsman Act 1976; and

(b) concerns action taken under regulation 115B, 115C or 115D in relation to the airman.

Notes

1. These Regulations amend 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 (regulation 5 was disallowed by the Senate on 16 April 1970), 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; Statutory Rules 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; 1995 No. 273; 1996 No. 179; 1997 Nos. 15, 35 and 36; 1998 Nos. 134, 290 and 332; 1999 No. 116; 2000 Nos. 25 and 263; 2001 Nos. 41 and 53.

2. Notified in the Commonwealth of Australia Gazette on 5 July 2001.