Changes to regulations

AS a result of changes to the Defence legislation, new Defence Personnel Regulations were announced on December 1.
Consultation with the three services and Defence Personnel Executive (DPE) has resulted in the updated and modernised Defence Personnel Regulations 2002. Now also tri-service in nature, they were derived from the Defence Act, Naval Defence Act, Naval Force Regulations, Air Force Regulations and Australian Military Regulations.

At the launch, Chief of Air Force Air Marshal Angus Houston said the “new regulations are much more flexible, allowing for the incorporation of policy changes that may occur over time”.

“For most Air Force personnel there will be no visible day-to-day impact. Initially the changes will mainly effect Personnel Branch members,” AIRMSHL Houston said.

While the staff in Personnel Branch have completed much of the new documentation and updating of the relevant DI (AF), as with all new systems it will take a period for the adjustments to be finalised. In the meantime, if members can consider this it will assist in a smoother transition.

Air Force Regulations have been reduced to an absolute minimum and cover structure, flying, precedence and other aspects that CAF needs to command Air Force.

Several aspects deleted from the original Air Force Regulations have not been included in the new regulations, but are included in supplementary policy documentation currently being incorporated into DI(AF). They include:

• policy for substantive promotion on extended CRA;
• the requirement for all officers to be appointed on probation; and
• medical standards for transfer to the Reserve.

The new regulations, while affecting all areas of personnel, have some changes which are particularly relevant to chaplains and the Air Force Reserve. These include:

• compulsory retirement age for Reserves and chaplains is extended to 60 years;
• Reserve members can elect to opt-out of the new retiring age;
• all General Reserve will transfer to the new Standby Reserve category;
• current serving officers and enlisted members who enlisted before January 1996 can opt-in to Standby Reserve by advising their relevant career managers; and
• Specialist, Active and other Reserve members and categories will remain where they are.

Only current Reserve members and chaplains will need to exercise an “opt out” option should they choose to retain the old retiring age of 55, and all members may apply to transfer to the inactive Reserve after PAF, Active Reserve or Specialist Reserve service.

Policy amendments at a glance

Format and style of the new regulations has changed considerably and the legislative differences between PAF and Reserves have been reduced to the minimum possible. This was a deliberate action to help provide for easier integration of permanent and Reserve elements of each force. By removing some aspects from legislation to policy and rewriting the regulations, the service chiefs have been given considerably more flexibility in how they structure and manage the personnel aspects of their force. While the compulsory retiring age (CRA) for PAF members has not changed, members of the PAF and Reserve may have their service extended to 65 years of age where there is a demonstrable Air Force requirement, instead of the previous 57 for PAF and 62 for Reserves. Compulsory Retiring Age for Reserves and chaplains has changed from 55 to 60 years of age and they may be extended to 65 years of age. Chaplains may be further extended, in increments of two years, to a maximum age of 75. All airmen enlisted after January 1, 1996, were required to serve for five years on the inactive Reserve after their PAF service. From July 1, 2003, all members appointed to, or enlisted in the PAF, Active Reserve or Specialist Reserve will be required to serve for five years, or until CRA (which ever is the lesser), on the inactive Reserve. Present conditions do not change for current serving members. All members have the option of transferring, or resigning from the Air Force on separation from the PAF, Active Reserve or Specialist Reserve. The Standby Reserve replaces the General, or inactive, Reserve. The new regulations provide for the option of creating five categories of Reserve – High Readiness Active Reserve, High Readiness Specialist Reserve, Active Reserve, Specialist Reserve and Standby Reserve. With the exception of the Standby Reserve all other categories are optional depending on the requirements of each service. Currently there is no intention to create the high readiness categories within Air Force. The chief of service may create any other category of Reserve that may be needed from time to time. A provision for late appointment/enlistment has been included to allow for the appointment/enlistment for specialist personnel (surgeons, lawyers etc) in the Reserve on extended CRA.

For further information or to view the new Defence Personnel Regulations see http://defweb.cbr.defence.gov.au/dpe.
The latest legislation can also be downloaded from the web site www.scaleplus.law.gov.au.

• By Ben Caddaye.

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