Commonwealth Consolidated Regulations

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DEFENCE (PERSONNEL) REGULATIONS 2002 

- made under the Defence Act 1903

TABLE OF PROVISIONS

            

CHAPTER 1--Preliminary
            

   1.      Name of Regulations [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Definitions  
            

CHAPTER 2--General arrangements for the Defence Force
            

   4.      Ranks  
   5.      Reserves  
            

CHAPTER 3--Arrangements for service in the Defence Force
            

   PART 1--OVERVIEW

   6.      Service  

   PART 2--CRITERIA FOR MAKING DETERMINATIONS

   7.      Criteria  

   PART 3--RETIREMENT AGE

   8.      Compulsory retirement age  
   9.      Alteration of compulsory retirement age -- members  
   10.     Alteration of compulsory retirement age -- chaplains  
   11.     Extension of compulsory retirement age -- officers  
   12.     Extension of compulsory retirement age -- enlisted members  
            

CHAPTER 4--Appointment and enlistment
            

   PART 1--APPOINTMENT OF OFFICERS

           Division 1--Appointment -- general

   13.     Application of Division 1  
   14.     Eligibility for appointment  
   15.     Appointment  

           Division 2--Determination of seniority

   16.     Seniority  

           Division 3--Appointment on provisional basis

   17.     Provisional appointment  
   18.     Extension of period of provisional appointment  

           Division 4--Appointment on probation

   19.     Probation  
   20.     Extension of period of probation  

           Division 5--Temporary appointment of officers

   21.     Temporary appointment  

           Division 6--Confirmation of appointment

   22.     Confirmation  

   PART 2--ENLISTMENT

           Division 1--Enlistment -- general

   23.     Eligibility for enlistment  
   24.     Oath or affirmation on enlistment  
   25.     Acceptance of enlistment  

           Division 2--Determination of seniority

   26.     Seniority  

           Division 3--Enlistment on provisional basis

   27.     Provisional enlistment  
   28.     Extension of period of provisional enlistment  

           Division 4--Confirmation of enlistment

   29.     Confirmation  
            

CHAPTER 5--Promotion
            

   PART 1--PROMOTION --OFFICERS

           Division 1--Promotion -- general

   30.     No right to promotion  
   31.     Eligibility for promotion  
   32.     Promotion  

           Division 2--Provisional, temporary and limited-tenure promotion

   33.     Provisional promotion  
   34.     Temporary promotion  
   35.     Limited-tenure promotion  

   PART 2--PROMOTION --ENLISTED MEMBERS

           Division 1--Promotion -- general

   36.     No right to promotion  
   37.     Eligibility for promotion  
   38.     Promotion of enlisted member  

           Division 2--Provisional, temporary and limited-tenure promotion

   39.     Provisional promotion  
   40.     Temporary promotion  
   41.     Limited-tenure promotion  
            

CHAPTER 6--Posting of members
            

   42.     Posting  
            

CHAPTER 7--Reduction in rank
            

   43.     Reduction -- general  
   44.     Reduction in rank -- officers  
   45.     Cancellation of reduction in rank -- officers  
   46.     Reduction in rank -- enlisted members  
   47.     Cancellation of reduction in rank  
   48.     Voluntary reduction in rank  
            

CHAPTER 8--Alteration of the service obligation
            

   PART 1--VOLUNTARY ALTERATION OF THE SERVICE OBLIGATION

           Division 1--Voluntary alteration of period of service

   49.     Extension and conversion of appointments  
   50.     Extension and conversion of enlistments  
   51.     Fixed tenure appointment  

           Division 2--Voluntary transfer of members

              Subdivision 1--Transfer between Services

   52.     Transfer  
   53.     Obligations of transferred member -- completion of specified service  
   54.     Prior service of transferred member  

              Subdivision 2--Transfer within Service (other than senior officer)

   55.     Application of Subdivision 2  
   56.     Application for transfer  
   57.     Withdrawal of application for transfer  
   58.     Decision on application for transfer  

              Subdivision 3--Transfer within Service (senior officer)

   59.     Application of Subdivision 3  
   60.     Application for transfer -- senior officer  
   61.     Withdrawal of application for transfer -- senior officer  
   62.     Decision on application for transfer -- senior officer  

   PART 2--COMPULSORY ALTERATION OF THE SERVICE OBLIGATION

           Division 1--Compulsory transfer of members -- general

   63.     Transfer between parts and categories  

           Division 2--Transfer to Standby Reserve at end of period of service

   64.     Transfer to Standby Reserve  

           Division 3--Other transfers to Standby Reserve

   65.     Transfer to Standby Reserve of senior officers appointed under Part II of Defence Act  
   66.     Transfer to Standby Reserve after limited-tenure promotion  
   67.     Transfer to Standby Reserve after fixed tenure appointment  
   68.     Transfer to Standby Reserve during redundancy  
   69.     Transfer within Reserves for non-performance of training obligation  

           Division 4--Other arrangements

   70.     Termination of service in Standby Reserve  

   PART 3--ALTERATION OF THE SERVICE OBLIGATION BY PAYMENT OF SPECIAL BENEFIT

           Division 1--General

   71.     Application of Part 3  

           Division 2--Offer of special benefit

              Subdivision 1--Offer of special benefit (other than senior officer)

   72.     Application of Subdivision 1  
   73.     Preliminary notice for special benefit  
   74.     Offer of special benefit to eligible member  

              Subdivision 2--Offer of special benefit (senior officer)

   75.     Application of Subdivision 2  
   76.     Preliminary notice for special benefit  
   77.     Offer of special benefit to senior officer  

           Division 3--Declining special benefit

   78.     Arrangements after declining special benefit (other than senior officer)  
   79.     Arrangements after declining special benefit (senior officer)  

           Division 4--Other arrangements

   80.     Time not to run during certain periods  
            

CHAPTER 9--Completion of the service obligation
            

   PART 1--COMPLETION OF SERVICE

   81.     Retirement age or end of period of service  

   PART 2--COMPULSORY TERMINATION OF SERVICE

           Division 1--Arrangements for members

   82.     Termination of service of member who becomes permanent resident of another country  
   83.     Termination of service during redundancy  

           Division 2--Additional arrangements for officers

   84.     Termination of appointment of officer for absence without leave  
   85.     Termination of service of officer for other reasons  

           Division 3--Additional arrangements for enlisted members

   86.     Termination of enlisted member's enlistment for absence without leave  
   87.     Termination of service of enlisted member for other reasons  

   PART 3--VOLUNTARY TERMINATION OF SERVICE

           Division 1--Officers other than Senior officers

   88.     Application to resign from Defence Force  
   89.     Withdrawal of application  
   90.     Refusal of application  
   91.     Grant of application  

           Division 2--Senior officers

   92.     Application to resign from Defence Force  
   93.     Withdrawal of application  
   94.     Dealing with application by senior officer  

           Division 3--Enlisted members

   95.     Application to resign from Defence Force  
   96.     Withdrawal of application  
   97.     Refusal of application  
   98.     Grant of application  

   PART 4--OTHER MATTERS ABOUT TERMINATION OF SERVICE OF MEMBER

   99.     Change of reason for termination  

   PART 1--TRAINING PERIODS

   100.    Training  

   PART 2--UNIFORMS

   101.    Determination of uniforms  

   PART 3--THE RETIRED LIST

   102.    Retired List  

   PART 4--HONORARY RANK

   103.    Appointment to honorary rank -- officers  
   104.    Appointment to honorary non-commissioned rank -- enlisted members  

   PART 5--PRIVILEGES AFTER END OF SERVICE

   105.    Title after end of service  
   106.    Wearing of uniform after end of service  
   107.    Withdrawal of privileges after end of service  

   PART 6--SERVICE OF FOREIGN COUNTRY

   108.    Service  
            

CHAPTER 11--Chaplains
            

   PART 1--ADMINISTRATIVE ARRANGEMENTS

   109.    Divisions of Branch, Department or Specialisation  

   PART 2--APPOINTMENT OF CHAPLAINS AND PRINCIPAL CHAPLAINS

   110.    Appointment as chaplain  
   111.    Appointment as Principal Chaplain  

   PART 3--STATUS OF CHAPLAINS

   112.    Rank of chaplains  
   113.    Command and functions  
   114.    Change in the notional rank of a chaplain  

   PART 4--ALTERATION OF CHAPLAIN'S SERVICE OBLIGATION

   115.    Recommendation to act under Chapter 8 or 9  
   116.    Retirement Age  
            

CHAPTER 12--General
            

   117.    No civil contract  
   118.    Service for a period of less than one day  
   119.    Delegation  
            

CHAPTER 13--Transitional arrangements
            

   120.    Transitional arrangements for Australian Navy  
   121.    Transitional arrangements for Australian Army  
   122.    Transitional arrangements for Australian Air Force  
   123.    Transitional arrangements for chaplains  
   124.    Transfer to Standby Reserve for members serving at commencement of Chapter 13  
   125.    Transfer to Standby Reserve for members appointed or enlisted before 1 July 2003  
   126.    Transitional arrangements for compulsory retirement age -- members  
           SCHEDULE 1 Ranks and compulsory retirement ages (not including chaplains)
           SCHEDULE 2 Oath or affirmation for enlistment of member

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