Background Information

• The Defence Act
• The Naval Defence Act
• The Naval Forces Regulations
• The Australian Military Regulations
• The Air Force Regulations

The new regulations are designed to be flexible and allow for policy changes that occur over time. They will enable the Royal Australian Navy, the Australian Army and the Royal Australian Air Force to make changes more easily when required.

The new regulations deal with all personnel issues affecting serving members of the ADF. They are now in a simple tri-service format.

The regulations cover:

• general personnel arrangements,
• retirement ages,
• appointment and enlistment,
• promotions and reductions in rank,
• postings,
• extension of and changes to service obligations,
• transfers between and within the Services,
• the transition of personnel from Permanent Forces to Reserve,
• training requirements,
• the retired list,
• privileges after service,
• representation of foreign countries,
• chaplains,
• oaths,
• compulsory transfer to the Standby Reserve on completion of regular/permanent or active Reserve service obligations, and
• other items of a general nature.

Some of the changes give effect to the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001. As a result, the Naval Regulations have been repealed, while the Australian Military Regulations and Air Force Regulations have been amended and reduced considerably.

From 1 July 2003, recruits will join a Service whether the Navy, the Army or the Air Force. There is no distinction between categories. As a result, there is a new form of enlistment oath and affirmation.

The regulations support the easy transfer of members between different parts and categories of a Service and to other Services. For example within a Service, a Chief may transfer a member from one part of the Permanent Forces to another part or from one category of the Reserves to another.

To expedite the recruitment process, the regulations allow for members to be appointed or enlisted provisionally - in other words subject to meeting an appointment or enlistment requirement. This will speed up the commencement of training. For example, citizenship documentation may be unavailable, a specialist doctor's appointment may be delayed, or proof of an academic qualification may be difficult to obtain. New policy for the introduction of provisional enlistment by Defence Recruiting is intended to be operative by 1 March 2003. If the provisionally enlisted member subsequently fails to meet the requirement, the member's enlistment may be terminated.

Age extensions up to 65 years will be possible if approved by the Services.

While the new regulations affect all areas of personnel, some of the changes are particularly relevant to the Reserve component.

Compulsory Retirement Age for Reservists will now be 60 years of age for Army and Air Force members. This brings Army and Air Force retirement age for reservists into line with that currently operative for Navy Reservists.

There are six new categories of Reserve service, which are authorised from 01 Dec 02. The categories are:

• High Readiness Active Reserve
• High Readiness Specialist Reserve
• Specialist Reserve
• Active Reserve
• Standby Reserve
• Other categories, as determined by a Service Chief

As of 01 December 02, all Reservists have been moved to one of the new categories.

The rank position and entitlements of all serving Reservists have been preserved without any disadvantage.

These categories are options and do not have to be raised by the Services, with the exception of the Standby Reserve, which must be raised by each Service. Each Service is responsible for establishing the other categories it requires and any associated conditions.

In the future, there may be enhanced conditions of service for some categories. However no decision has yet been made. Any changes to conditions of service will be announced separately.

The regulations introduce compulsory service in the Standby Reserve for members appointed or enlisted after 1 July 2003, after completion of Permanent or active Reserve service.

All members will serve in the Standby Reserve, except if the member has reached retirement age, or circumstances have occurred which have resulted in the prior discharge of the member.

After 5 years service in the Standby Reserve, a member will retire from service unless the Service approves continued service in the Standby Reserve.

Currently serving members remain able to elect to transfer into the Standby Reserve on completion of Permanent or active Reserve service.

Members of the Active Reserve will have a training commitment on an annual basis (level of commitment to be determined by the Service).

The Specialist Reserve comprises members in certain specialist categories who will also have an annual training commitment. The Air Force has already raised the Specialist Reserve, which comprises legal, medical, public affairs officers and chaplains. Navy and Army have not yet raised the Specialist Reserve - their specialist officers have been included in the Active Reserve.

The Standby Reserve will have no training commitment but will be available for call out by the Federal Government.

High Readiness categories will require a higher level of readiness from Reservists, who will have a larger training commitment and shorter readiness times.

The Personnel Regulations are an important change made under the White Paper Defence 2000.