Commonwealth Numbered Regulations - Explanatory Statements

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AIR FORCE REGULATIONS (AMENDMENT) 1991 NO. 322

STATUTORY RULES 1991 No. 322

ISSUED BY THE AUTHORITY OF THE MINISTER 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 88 of the Regulations prescribes compulsory retirement ages for officers of the Air Force, and included specific provision for chaplains (other than Principal Air Chaplains). Subregulation 88(1B) provided that Air Force chaplains had a compulsory retirement age of 57 years where their period of service exceeded 18 years on attaining 55 years of age. In all other cases their compulsory retirement age was 55.

Regulation 88A of the Regulations provided that the compulsory retirement age of a Principal Air Chaplain in the Permanent Air Force was 58 years. The Minister could extend this compulsory retirement age for a period of up to 2 years. Regulation 88A also provided that the compulsory retirement age for Principal Air Chaplains in the Air Force Reserve was 65.

The references to Principal Air Chaplains in these provisions were no longer appropriate. A new divisional classification for chaplains was introduced earlier this year (Statutory Rules 1991 No. 132). As a result, Principal Air Chaplains are now classified as Division 5 chaplains, or Division 4 chaplains who are head of their denomination. The Statutory Rule makes amendments to reflect this change.

In addition, a change to the compulsory retirement age provisions for chaplains was required to align the retirement age of Permanent Air Force chaplains with that of other specialist officers of equivalent seniority. (These officers have a compulsory retirement age of 55.)

The Statutory Rule therefore replaces subregulation 88(1B) and regulation 88A with provisions that provide a compulsory retirement age of 55 for all chaplains, except Division 5 chaplains and Division 4 head of denomination chaplains who are in the Air Force Reserve. These senior Air Force Reserve chaplains retain their present compulsory retirement age of 65. (The provision in regulation 88A that allowed the extension of the compulsory retirement age for Principal Air Chaplains in the Permanent Air Force for a period up to 2 years was not required, as subregulation 88(2) enables the Minister to extend the compulsory retirement age of all officers in the Permanent Air Force for a period not exceeding 2 years.)

The Statutory Rule also contains savings provisions which ensure that the interests of chaplains who have a compulsory retirement age of 57 under existing subregulation 88(1B), or a compulsory retirement age of 58 under regulation 88A, are adequately protected. The savings provisions ensure that any of these chaplains who have reached or are older than the new compulsory retirement age of 55 will retain their former compulsory retirement ages, and that those who have not yet reached the new compulsory retirement age of 55 may elect to retain their former retirement ages.

The Statutory Rule also makes a minor drafting amendment to paragraph 88(4)(a).

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