CONDITIONS OF SERVICE -OFFICERS AND INSTRUCTORS OF … · CONDITIONS OF SERVICE -OFFICERS AND INSTRUCTORS OF CADETS Amendment List Amendment Comment ... c. Principle Three: OOC and

UNCONTROLLED IF PRINTED

AAFC MANUAL OF MANAGEMENT VOLUME TWO - BUSINESS PART ONE - PERSONNEL CHAPTER ONE

DEF.02.0006.001.1612

Print This Chapter

CONDITIONS OF SERVICE - OFFICERS AND INSTRUCTORS OF CADETS

Amendment List Amendment Comment

AL-OO Initial Issue - AAFCEC Approved

AL-Ol Introduction ofIPB requirements for promotion {Repealed 15 May 14}

AL-02 Amendments for Defence Purple Card lAW VCDF Directive 03/2014

AL-03 Insert provision for FSGT/WOFF(AAFC) appointment to OOC ranks .

AL-04 Clarity added to Citizenship requirements.

AL-05 Clarification made to temporary promotion to SQNLDR(AAFC) and WOFF(AAFC).

AL-06 Clarity added for First Aid Certificate requirements and Honorary Rank.

AL-07 Clarification added to limited-tenure promotions and limited-tenure appointments. Consistency ofterrninology added and correction of paragraph number referencing errors

corrected.

INTRODUCTION

Date Authority

13 Dec DGCADETS-13 AF

08 Apr DGCADETS-14 AF

15 DGCADETS-May AF 14

03 Sep DGCADETS-14 AF

07 Oct DGCADETS-14 AF

11 Dec DGCADETS-14 AF

29 Jan DGCADETS-15 AF

27 Feb DGCADETS-15 AF

1. This chapter defines the conditions of service for Officers of Cadets (OOC) and Instructors of Cadets (IOC) appointed by authority of the Chief of Air Force (CAF) to the Australian Air Force Cadets (AAFC).

2. In accordance with Cadet Forces Regulations and Defence Directives, a person may volunteer to be appointed as an OOC or IOC by giving the service chief an application in accordance with a form approved by the service chief.

DEFINITIONS 3. Policy definitions are detailed in annex A to AAFC Manual of Management Vol 1, Part 2, Chapter 1.

PRINCIPLES

4. The principles of this chapter are as follows:

a. Principle One: Only persons deemed suitable in accordance with this chapter will be recommended for appointment as an OOC or IOC.

b. Principle Two: Only duly appointed delegates will make recommendations and

DEF.02.0006.001.1613

decisions in relation to conditions of service for OOC and lac. Delegation by Chief of Air Force Pursuant to the Cadet Forces Regulations 2013 refers.

c. Principle Three: OOC and lac hold rank in recognition of suitability, performance and/or position in the AAFC and the rank of an individual may be altered (following due process) to suit the requirements of the AAFC.

STATUS

5. An OOC or lac in the AAFC is not by virtue of that appointment a member of the Royal Australian Air Force (RAAF) but is deemed to have the same status for AAFC purposes as a member of the Air Force in equivalent rank.

ELIGIBILITY FOR APPOINTMENT Eligibility Criteria for Appointment

6. An applicant for appointment as an OOC or lac in the AAFC is to meet the following eligibility criteria:

a. Age. For OOC, the minimum age requirement is 19 years. For laC, the minimum age requirement is 18 years.

b. Citizenship. The applicant must be an Australian citizen or have been granted a citizenship waiver by the Director-General Cadets - Air Force (DGCADETS-AF).

(1) In order to be considered for a waiver, the applicant must have applied to become an Australian citizen and meet the following requirements:

i. held a Permanent Residency Visa for at least 12 months; and

ii. have been a lawful resident of Australia for at least the last four years.

(2) Applicants who are New Zealand citizens and have resided in Australia since 26 Feb 01 and were granted a Special Category Visa are considered under the Australian Citizenship Act 2007 to be permanent residents and are eligible to apply for Australian Citizenship and can therefore be considered for AAFC membership providing they meet the requirements of paragraph 6 b. (1).

(3) An applicant who does not have an Australian Citizenship, but meets the requirements of paragraph 6 b. (2) and is granted a waiver appointed to the AAFC, must obtain their Australian Citizenship before the expiry of their initial appointment otherwise their service will not be extended. At the same time, if they are offered Australian Citizenship and decline to accept it, or are refused Australian Citizenship, their service with the AAFC may be terminated. In order to ensure that all applicants without Australian Citizenship understand these requirements, they will be required to sign a Non-Australian Citizenship Acknowledgement Form.

(4) Applicants who are not Australian citizens must supply the following information with their applications before they will be processed:

i. certified copy of their passport showing their Permanent Residency Visa or, in the case of New Zealand citizens, a Special Category Visa;

DEF.02.0006.001.1614

ii. copy of their application to become an Australian citizen;

iii. evidence of their residency in Australia being more than 4 years; and

iv. signed Non-Australian Citizenship Acknowledgement Form.

c. Education. The applicant must possess the maturity and level of education appropriate to the equivalent rank in the PAF, or have been granted an education waiver by DGCADETS-AF (see paragraph 14 below).

d. First Aid certificate. Applicants must have attained, and continue to maintain for the duration of their AAFC service, an approved Statement of Attainment for HLTAID003 - Provide First Aid or authorised higher qualification.

e. Medical Conditions. The applicant is to be medically fit to act as an OOC or lac. The applicant is to declare any known medical conditions at the time of application in order to assist the delegate in the determination of suitability for appointment and, if required, undergo a medical examination (at own expense).

f. Knowledge. The applicant needs to possess a sufficiently broad knowledge of aviation and/or associated subjects to be able to positively contribute to AAFC activities commensurate with the level at which they are to be appointed.

g. Membership of Other Cadet Organisations. The applicant must not be a current member of the Australian Navy Cadets, the Australian Army Cadets or member of a foreign military or foreign cadet organisation.

SUITABILITY FOR APPOINTMENT Suitability to work with minors

7. In order to ascertain whether there is reason to suspect that a person is unsuitable to supervise, or otherwise work with, minors, the following background checks must be undertaken:

a. where there are mandatory requirements for eligibility to work with minors in the State or Territory where the appointment or unit to which the person is to be appointed is located, then the checks applicable under those mandatory requirements;

b. where there are no mandatory requirements in the State or Territory where the appointment or unit to which the person is to be appointed is located, then the National Police Check; and

c. hold, or qualify to hold the Defence Purple Card within one month of appointment.

Suitability generally

8. In order to ascertain whether a person is suitable to supervise, and control or support, the training program for, and the activities of, cadets in a unit, the service chief must have regard to:

a. a current Australian criminal records check of the person;

b. a character reference or other appropriate letter of recommendation provided in

DEF.02.0006.001.1615

respect of the person;

c. a declaration of good character made by the person;

d. a suitable conduct record during service in the Australian Defence Force (if applicable) ;

e. a suitable record of performance and behaviour from previous service as an officer or instructor in another ADF Cadet force (if applicable);

f. a suitability and aptitude assessment of the person and, if required, a psychological assessment;

g. evidence of any qualifications and experience applicable to the position and duties to which the person may be appointed; and

h. any other relevant matter.

9. The applicant must accept the terms of the appointment offered in the Instrument of Appointment and accepts that no civil contract of employment or of any other kind is created by the appointment as an officer or instructor.

10. Security clearances, as distinct from police records checks are not generally required as AAFC personnel are not required to have access to information classified PROTECTED and above.

APPOINTMENT Vacancy on Establishment

11. Persons are to be appointed only to fill existing vacancies on a unit establishment.

Procedure for Appointment as an Officer or Instructor

12. The procedure for appointment as an officer or instructor in the AAFC is detailed at SI(PERS) 1-1 - Appointment of OOC and IOC. Applicants are not permitted to attend AAFC activities until the Police Check is received from the Australian Federal Police and the Working With Children check is received from the relevant state or territory authority.

Educational QuaHfications

13. Appointment as an Officer. The minimum educational qualification for appointment as an officer in the AAFC is passes in English and three other academic subjects at Australian Year 12 level or an overseas equivalent. Applicants who have gained mature aged entry tertiary entrance and who have successfully completed at least one year of such tertiary studies are deemed to satisfy the educational requirement, provided the subjects studied include a full year of a written communications type subject. Successful completion of an Associate Diploma at a College of TAFE, College of Advanced Education, Institute of Technology or Institute of Higher Education may be considered to satisfy the Year 12 education requirements for appointment.

14. Education Waiver. For those OOC applicants who do not possess the required educational qualifications, the Officer Selection Board is to make a subjective assessment

DEF.02.0006.001.1616

of the applicant's suitability for appointment as an OOC. This assessment should address the following criteria:

a. written and oral communication skills;

b. interpersonal and negotiation skills;

c. bearing and presentation; and

d. demonstrated leadership skills.

15. If the applicant is assessed as suitable, the relevant Air Force Liaison Officer (AFLO) is to request an education waiver from DGCADETS-AF.

Period of Initial Appointment

16. Initial appointments will be ongoing but subject to a minimum period of 12 month probation and any other period stated on the Instrument of Appointment.

RANKS

17. The ranks of OOC and IOC and the approved abbreviations thereof shall be:

ooe

a. Group Captain (AAFC) - GPCAPT(AAFC)

b. Wing Commander (AAFC) - WGCDR(AAFC);

c. Squadron Leader (AAFC) - SQNLDR(AAFC);

d. Flight Lieutenant (AAFC) - FLTLT(AAFC);

e. Flying Officer (AAFC) - FLGOFF(AAFC);

f. Pilot Officer (AAFC) - PLTOFF(AAFC);

Ioe

g. Warrant Officer (AAFC) - WOFF(AAFC);

h. Flight Sergeant (AAFC) - FSGT(AAFC);

i. Sergeant (AAFC) - SGT(AAFC);

j. Corporal (AAFC) - CPL(AAFC);

k. Leading Aircraftsman (AAFC) - LACCAAFC) or Leading Aircraftswoman (AAFC) -LACW(AAFC); and

I. Aircraftsman (AAFC) - ACCAAFC) or Aircraftswoman (AAFC) - ACCAAFC).

DEF.02.0006.001.1617

Precedence and Authority

18. OOC and lac are to hold rank, precedence and authority only within the AAFC. ADF members are not obliged to pay compliments, including addressing more senior ranked OOC members as 'Sir' or saluting AAFC officers. The ADF members are to be respectful of the position held by the more senior OOC or lac and are encouraged to pay normal compliments in accordance with service customs when at AAFC activities. Normal service compliments are to be paid to ADF members by all OOC and lac.

RANK ON APPOINTMENT

19. A person once deemed suitable and accepted by the service chief to be an OOC or lac will be appointed with the substantive rank specified by their Instrument of Appointment. OOC will normally be appointed at the rank of PLTOFF(AAFC) and lac will normally be appointed as ACCAAFC) or ACW(AAFC).

Applicants with ADF service

20. An ADF applicant who is considered suitable in accordance with paragraphs 7 and 8, and who is, or has within the last five years before the appointment, been a member of the ADF:

a. is deemed to have the qualifications, ability, skills, knowledge and experience to qualify them for appointment in a rank that corresponds to the rank the member holds or last held in the ADF (the member's ADF rank);

b. where the rank specified under paragraph 17 is lower than the member's ADF rank, holds the rank equivalent to his or her ADF rank on an honorary basis, and the substantive rank specified in the instrument of appointment.

Honorary Rank

21. It should be noted that honorary rank only relates to AAFC rank, is not an entitlement and is at the discretion of the Service Chief on the basis of establishment availability and suitability of the appointment. The DGCADETS-AF may appoint or promote an OOC or lac to a rank that is to be held as an honorary rank. An honorary rank does not confer authority or responsibility additional to that incidental to the members' substantive rank, nor entitle the member to receive Cadet Forces Allowances other than at the members' substantive rank. The current highest honorary rank available to be awarded in the AAFC is GPCAPT(AAFC).

22. Where honorary rank has been awarded to an OOC or lac in the AAFC, that member is entitled to wear their honorary AAFC rank when engaged in AAFC activity.

23. Current active permanent or reserve ADF personnel, who are also appointed IOC/OOC, may apply to the DGCADETS-AF to seek approval to wear ADF uniform when engaged in AAFC activities. If granted, such approval does not confer authority or responsibility additional to that incidental to the members' substantive AAFC rank and position, nor entitle the member to receive Cadet Forces Allowances other than at the members' substantive AAFC rank. When the member retires from either permanent or reserve duty with the ADF, but not when transferring from permanent to active reserve service, the authority to wear ADF uniform is removed and the member is to revert to wearing AAFC uniform and rank but may apply for honorary AAFC rank lAW paragraph

DEF.02.0006.001.1618

21 above.

Former Cadets

24. An applicant who was formerly a AAFC Cadet Under Officer or AAFC Cadet Warrant Officer within the past 5 years before the appointment, is deemed to have the qualifications, ability, skills and knowledge to qualify them for appointment in the rank of LACCAAFC) or LACW(AAFC) once having met any other training or qualification requirements.

Other rank on appointment

25. Where extenuating circumstances exist such as prior service with the Australian Navy Cadets or the Australian Army Cadets, AAFC executives can submit a written recommendation requesting consideration for appointment at a higher rank. The recommendation must be supported by CDR-AAFC. DGCADETS-AF or delegate will only consider those cases where vacancy at rank exists and the circumstances are well documented.

26. Appointment of Flight Sergeant (AAFC) as AAFC OOC. AAFC IOC of Flight Sergeant (AAFC) rank with a total of five years time in rank may be appointed as AAFC officers with the rank of Flying Officer (AAFC) on appointment, if an establishment vacancy exists within the unit.

27. Appointment of Warrant Officer (AAFC) as AAFC OOC. Retired or former WOFFs of the ADF with a minimum of five years time in rank and AAFC IOC of WOFF(AAFC) rank with a total of five years time in rank may be appointed as AAFC officers with the rank of FLTLT(AAFC) on appointment, if an establishment vacancy exists within the unit.

PROMOTION OF OFFICERS AND INSTRUCTORS Promotion

27. No right to promotion. An officer or instructor is not entitled as a right to be promoted.

28. Under CAF delegations, the DGCADETS-AF may promote an officer or instructor. When exercising this power, the DGCADETS-AF must have regard to the length of service, experience, capability and qualifications of the member, and any recommendations concerning his or her promotion made by the AAFC executive of his or her unit, and by the relevant AAFC executives in the members supervisory chain . The rank to which an officer or instructor is promoted (including the rank to which an officer is promoted provisionally under paragraph 29 or to which an officer is promoted for a specified period under paragraph 34) is the member's substantive rank. The rank to which an officer or instructor is promoted temporarily under paragraph 30 is not the member's substantive rank. Honorary rank held by a member under paragraph 21 is not the member's substantive rank.

Provisional promotion

29. Under CAF delegations, the DGCADETS-AF may promote an officer or instructor provisionally. A provisional promotion is subject to compliance by the officer with a specified condition or conditions. A provisional promotion may be confirmed at any

DEF.02.0006.001.1619

time within the period specified as part of the promotion; or if no period is specified, three years after the provisional promotion. If the member complies with the specified conditions within the period specified in the promotion, or if no period is specified within three years after the provisional promotion, the DGCADETS-AF must confirm the promotion. If the member does not comply with the specified conditions within the period specified in the promotion, the service chief may extend the period of provisional promotion to a period not exceeding three years in total. If, during the period of a provisional promotion, the member fails to make satisfactory progress towards complying with the specified conditions, the DGCADETS-AF may revoke the provisional promotion. If the member does not comply with the specified conditions within the period of the provisional promotion, the member reverts to the member's previous rank at the end of that period.

Temporary promotion

30. Under CAF delegations, the DGCADETS-AF may promote an officer or instructor to a rank temporarily. The DGCADETS-AF may extend the period during which the officer or instructor holds the rank. The DGCADETS-AF may revoke a temporary promotion at any time.

Limited-tenure promotion

31. Under CAF delegations, the DGCADETS-AF may promote a member to WOFF(AAFC), SQNLDR(AAFC) or any rank above SQNLDR(AAFC) for a specified period, and may extend the period.

32. A member may decline to be promoted under paragraph 31.

33. A member who has been promoted under paragraph 31 retires at the rank to which the member was so promoted at the end of the period of the promotion, unless:

a. the DGCADETS-AF extends the period of the limited-tenure promotion; or

b. the DGCADETS-AF authorises the member to revert, at the end of the period of the promotion, to the rank the member held immediately before the limited-tenure promotion, in which case the member is not retired at the end of the period of the promotion but reverts at the end of the period to the substantive rank the member held immediately before the promotion. The DGCADETS-AF may permit a member who reverts in accordance with this paragraph to retain the rank he or she had on limited tenure as an honorary rank in accordance with paragraph 21.

Eligibility for promotion

34. Performance appraisal reports. To enable due consideration to be given to a member's performance during promotion deliberations and to provide opportunities for an OOC or lac to improve their performance, a system of annual reporting is required. Any performance report about an OOC or lac is to be sighted and signed by the member. Reports are to be held in secure storage within the Wing Headquarters and any access to those documents is strictly in accordance with the requirements of the Privacy Act. Assistance with the requirements of the Freedom of Information (FOI) Act can be sought from Director Cadet Administration - Air Force. Annual reporting systems should contain the following base information:

DEF.02.0006.001.1620

a. an indication of the member's suitability for continued service with the AAFC;

b. an indication of the member's suitability for promotion to the next rank;

c. has completed the required training/courses and any other requirements as defined in AAFC Standing Instructions; and

d. any areas of performance which are strengths and any area of performance which could be improved.

35. Reclassification to Leading Aircraftsman (AAFC) or Leading Aircraftswoman (AAFC). An ACCAAFC) or ACW(AAFC) may be reclassified to LACCAAFC) or LACW(AAFC) providing the IOC:

a. has served in the AAFC as an ACCAAFC) or ACW(AAFC) for at least 12 months; and

b. has completed the required training/courses and any other requirements as defined in AAFC Standing Instructions.

36. Promotion to Corporal, Sergeant and Flight Sergeant (AAFC). An IOC may be promoted to the next senior rank up to and including FSGT(AAFC) providing the IOC has:

a. been recommended for promotion by their AAFC executive ;

b. served in the AAFC in their current rank for at least three years, except for LAC who require only two years seniority; and

c. has completed the required training/courses and any other requirements as defined in AAFC Standing Instructions

37. Promotion to Warrant Officer (AAFC). All promotions to WOFF(AAFC) are limited tenure promotions. All promotions to WOFF(AAFC) are made provisionally subject to paragraph 29 above and the terms stated in the Letter of Appointment. An IOC may be promoted to WOFF(AAFC) providing the IOC has:

a. demonstrated that he/she is capable of efficiently performing the duties of a WOFF(AAFC) ;

b. a vacancy at level exists; and

c. has the prerequisite skills and experience for the position and has been recommended by CDR-AAFC as a suitable candidate.

38. Promotion to Flying Officer (AAFC). A PLTOFF(AAFC) may be promoted to FLGOFF(AAFC) providing the OOC has:

a. been recommended by his/her AAFC executive supervisory chain ;

b. served in the AAFC as a PLTOFF(AAFC) for at least two years and has regularly attended parades, periods of continuous training and has been efficient during that period;

c. received favourable promotion assessments in two consecutive Performance

DEF.02.0006.001.1621

Appraisal Reports or a documented waiver submission is supported by CDR-AAFC and accepted by the DGCADETS-AF or delegate; and

d. has completed the required training/courses and any other requirements as defined in AAFC Standing Instructions.

39. Promotion to Flight Lieutenant (AAFC). A FLGOFF(AAFC) may be promoted to FLTLT(AAFC) providing the OOC has:

a. been recommended by his/her AAFC executive supervisory chain ;

b. served in the AAFC as a FLGOFF(AAFC) for at least three years and has regularly attended parades, periods of continuous training, and has been efficient during that period;

c. received favourable promotion assessments in three consecutive Performance Appraisal Reports or a documented waiver submission is supported by CDR-AAFC and accepted by the DGCADETS-AF or delegate; and

d. has completed the required training/courses and any other requirements as defined in AAFC Standing Instructions.

40. Promotion to Squadron Leader (AAFC). All promotions to SQNLDR(AAFC) are limited tenure promotions. All promotions to SQNLDR(AAFC) are made provisionally subject to paragraph 29 above and to the terms stated within the Letter of Appointment. An OOC may be promoted to SQNLDR(AAFC) providing the OOC has:

a. demonstrated that he/she is capable of efficiently performing the duties of a SQNLDR(AAFC);

b. a vacancy at level exists; and

c. has the prerequisite skills and experience for the position and has been selected through an approved selection process as the most suitable candidate.

41. Promotion to Wing Commander (AAFC). All promotions to WGCDR(AAFC) are limited tenure promotions. All promotions to WGCDR(AAFC) are made provisionally subject to paragraph 29 above and to the terms stated within the Letter of Appointment. An OOC may be promoted to WGCDR(AAFC) providing the OOC has:

a. demonstrated that he/she is capable of efficiently performing the duties of a WGCDR(AAFC);

b. a vacancy at level exists; and

c. has the prerequisite skills and experience for the position and has been selected through an approved selection process as the most suitable candidate.

42. Promotion to Group Captain (AAFC). All promotions to GPCAPT(AAFC) are limited tenure promotions. All promotions to GPCAPT(AAFC) are made provisionally subject to paragraph 29 above and to the terms stated within the Letter of Appointment. An OOC may be promoted to GPCAPT(AAFC) providing the OOC has:

a. demonstrated that he/she is capable of efficiently performing the duties of a

DEF.02.0006.001.1622

GPCAPT(AAFC) ;

b. a vacancy at level exists; and

c. has the prerequisite skills and experience for the position and has been selected through an approved selection process as the most suitable candidate.

43. Acting Rank. An acting rank promotion is a temporary promotion lAW paragraph 30 above and may be made in exceptional circumstances. Submissions are to be prepared in minute format, detailing specific reasons for the requirement for acting rank and be recommended by CDR-AAFC to DGCADETS-AF.

44. Seniority on Reappointment. Seniority and rank on reappointment of ex-AAFC OOC and lac is as follows:

a. If reappointed occurs within five years of the date of discharge the OOC or lac may retain their previous rank and seniority, provided that a vacancy exists in the unit establishment at that rank.

b. Following more than five years of separation from the AAFC, former AAFC OOC or lac are administered as if they were new applicants. Submissions lAW paragraphs 25 to 27 are to be prepared and submitted with the application, detailing specific reasons for consideration for appointment at a specific rank for determination by the delegate.

Reduction in Rank 45. An OOC or lac may be reduced in rank by DGCADETS-AF or delegate after recommendation by the CDR-AAFC for the following reasons:

a. on routine rotation of appointments;

b. On transfer to the Unalloted List;

b. to maintain established staff/rank levels; and

c. as administrative sanction.

ROTATION OF APPOINTMENTS

46. OOC/IOC who are suitably qualified and are able to accept the responsibilities of a particular appointment should fill certain establishment positions (for example, Commanding Officer, Staff Officer Ground Training or Wing Warrant Officer etc.). Occasionally, it may become necessary to rotate appointments to broaden the experience of OOC/IOC; to assist in succession planning; and to enable a broader spread of OOC/IOC to have the opportunity to fill a variety of appointments. After due process and consultation with affected members, the OC, Director or CDR-AAFC may approve changes of appointment where no promotion or reduction in rank or changes to establishment is involved.

47. The rank worn by an AAFC OOC/IOC is a measure of authority within the AAFC rather than a warrant or commissioned rank as worn by a member of the Air Force. Accordingly, it is a Condition of Service for all AAFC OOC/IOC that they may be required to rotate appointments together with the rank appropriate to the appointment.

48. Limited-Tenure Appointment. The maximum tenure for and lac holding

DEF.02.0006.001.1623

an appointment to a position requiring the rank of WOFF(AAFC), or an OOC holding an appointment to a position requiring the rank at or above SQNLDR(AAFC) is five years. This comprises an initial three year appointment after which the OOC/IOC may be granted an extension of appointment up to a maximum of two years. At the completion of the tenured appointment, the position is to be offered for rotation. The CDR-AAFC may select and appoint an OOC/IOC to the position, or alternatively, offer the position open to a merit selection process whereby the incumbent OOC/IOC may reapply for the position.

49. If a rotation of appointment requires the promotion or reduction of an OOC/IOC rank, applications are to be forwarded to DGCADETS-AF for delegate approval of a limited tenure promotion or reduction before the rotation is to be authorised

TRANSFER

50. OCs may transfer an OOC or lac from one unit to another within the wing dependent upon the existence of suitable vacancies. Transfers between wings are only permitted with the approval of CDR-AAFC (or delegate). Provided a vacancy exists, the gaining wing is to request approval for transfer through the gaining wing OC to CDR­AAFC. CDR-AAFC may authorise transfer of members between Directorates and within HQ AAFC. If a transfer requires the promotion or reduction of an OOC/IOC rank, applications are to be forwarded to DGCADETS-AF for delegate approval before the transfer is authorised.

RETIREMENT AND RESIGNATION Retirement Age

51. There is no compulsory retirement age for AAFC laCs or OOCs. However DGCADETS-AF (or delegate) holds the responsibility to determine the ongoing suitability of any applicant for appointment or re-appointment.

Resignation

52. Under CFR 2013, section 8, an OOC or lac may give the CAF (or delegate) a request in writing to be discharged from the AAFC, and the request takes effect on the day after the day the request is received by the CAF (or delegate), or a later day specified in the request.

Withdrawal of Resignation

53. An application for withdrawal of a request for discharge will not normally be accepted. If an OOC or lac wishes to apply to withdraw their request for discharge, they are to submit a written request to the CAF (or delegate) within 14 days of the date of their discharge. Greater then 14 days will require an application for appointment to be submitted for consideration by CAF (or delegate).

SUSPENSION

54. Under the provisions of the Cadet Forces Regulation 2013 and CDF Directives, the CAF has, by Instrument, delegated to DGCADETS-AF the authority to suspend the appointment of an OOC or laC, but only if the DGCADETS-AF has acted in accordance with the principles of natural justice and the member has been accorded procedural fairness. Notice of suspension may be given orally or in writing, but if given orally must

DEF.02.0006.001.1624

be confirmed in writing within seven days, and in any case must state the reasons for the suspension. A suspension takes effect upon receipt of the notice by the member, or such later date as is specified in the notice. An OOC or lac who is suspended is not entitled to enter ADF or AAFC facilities, or participate in AAFC activities, or undertake AAFC duties during the period of suspension, except in order to deal with matters relating to the administration of the suspension and/or to remediate the reason/s for the suspension.

55. Administrative suspension. Administrative suspension is a serious and severe precaution and should generally be considered only if the DGCADETS-AF believes:

a. that an allegation that the OOC or lac has contravened the code of conduct and is being investigated;

b. that the OOC or lac is subject to other administrative, disciplinary or legal action;

c. that the OOC or lac has failed to complete or renew a mandatory qualification or training; or

d. that the OOC or lac is temporarily incapable of rendering effective service as a result of physical or mental incapacity.

56. In considering whether to administratively suspend an OOC or laC, the DGCADETS-AF must take into account:

a. the paramount need to ensure the physical, mental and emotional safety of other members; and

b. whether that need can be satisfied by measures other than suspension.

57. Under subsection 9(5) of CFR13, suspension of an OOC or lac can only occur in accordance with the principles of natural justice and subject to procedural fairness. The following procedures apply to comply with those requirements in respect of an administrative suspension.

a. Except where subparagraph (b) applies, before deciding to suspend an OOC or laC, the DGCADETS-AF must cause the member to be informed, orally or in writing that such action is being considered and the grounds for it, and allow the member a reasonable time to show cause why such action should not be taken. Ordinarily, a period of seven days after the member is notified of the proposed action and the grounds for it will be a reasonable time, but in cases of urgency a shorter time may be reasonable. An OOC or lac who wishes to show cause must provide his or her response within the time specified by the DGCADETS-AF in the notice, or within any further period that may be allowed by the DGCADETS-AF. The DGCADETS-AF must take into account, in deciding whether or not to suspend an OOC or laC, any response provided by the member. If the DGCADETS-AF decides to suspend the member, the DGCADETS-AF must give the member notice of suspension, including the reasons for the decision, in accordance with paragraph 52, and the next review date in accordance with subparagraph (c).

b. Where the considerations referred to in paragraph 54 so require, the DGCADETS-AF may suspend an OOC or lac by notice under paragraph 52 without first giving notice of intention to do in accordance with subparagraph (a), but in such a case the DGCADETS-AF must then allow the member a reasonable time (usually, not less than seven days) to show cause why the suspension should not remain in force. A member who wishes to show cause must provide his or her response within the time specified by the DGCADETS-AF in the notice, or within any further period that may be allowed by

DEF.02.0006.001.1625

the DGCADETS-AF. The DGCADETS-AF must take into account, in deciding whether or not the suspension should remain in force, any response provided by the member. If the DGCADETS-AF decides that the suspension should remain in force, the DGCADETS­AF must give the member the reasons for decision, and the next review date in accordance with subparagraph (c).

c. The DGCADETS-AF must review the suspension at intervals of no more than three calendar months and notify the member in writing of the outcome of the review.

58. Disciplinary suspension. The DGCADETS-AF may also suspend an OOC or lac as a sanction for a contravention of the code of conduct. The procedures applicable to a disciplinary suspension are detailed in CH10 - Behaviour and CH12 - Complaint Management.

TERMINATION Termination of officers and instructors

59. Under the provisions of the Cadet Forces Regulations and CDF Directives, the CAF has, by Instrument, delegated to DGCADETS-AF the authority to terminate the appointment of an OOC or lac. DGCADETS-AF is the only delegate who can terminate the appointment of an OOC or laC, but only if the DGCADETS-AF has acted in accordance with the principles of natural justice and the member has been afforded procedural fairness.

60. Notice of termination may be given orally or in writing, but if given orally must be confirmed in writing within seven days, and in any case must state the reasons for the termination. The OOC or lac appointment is terminated on the later of the day after the day the member receives the notice, or the date specified in the notice.

61. Administrative termination. Termination is a serious and severe action and should generally be considered only if the DGCADETS-AF is satisfied that:

a. the officer or instructor is incapable of rendering effective service by reason of physical or psychological incapacity;

b. it is not reasonably practicable for the AAFC to make adjustment to accommodate the special physical or psychological health needs of the officer or instructor;

c. the officer or instructor is inefficient or incompetent as an officer or instructor;

d. the officer or instructor is subject to initial appointment probation (paragraph 16) and is not performing or progressing satisfactorily;

e. the officer or instructor does not hold, has failed to renew, or has allowed to expire, a personal qualification that the service chief has determined to be essential for the officer's or instructor's position;

f. the officer or instructor does not comply with the mandatory requirements to be eligible to work with minors applicable to the officer or instructor under the law of the state or territory in which the unit to which he or she is appointed is situated;

g. the officer or instructor is not suitable to have responsibility for the supervision of cadets (if the requirement to supervise cadets is a necessary part of that member's position / duties and the member cannot be redeployed to another position or other

DEF.02.0006.001.1626

duties that does not require supervision of cadets);

h. there are reasonable grounds to suspect that the officer or instructor is unsuitable to supervise, or otherwise work with, minors;

i. there is no operational need or use for the officer or instructor; or

j. the unit in which the officer or instructor is serving has been, or is to be, disbanded or closed, and there is no alternative unit or position to which the member can be tra nsferred.

62. Under CFR13, section 9(5), the appointment of an OOC or lac can be terminated only in accordance with the principles of natural justice and subject to procedural fairness. The following procedures apply to comply with those requirements in respect of an administrative termination.

63. Before deciding to terminate an OOC or laC, the DGCADETS-AF must cause the member to be informed in writing that such action is being considered and the grounds for it, and allow the member a reasonable time to show cause why such action should not by taken. An OOC or lac who wishes to show cause must provide his or her response within the time specified by the DGCADETS-AF in the notice, or within any further period that may be allowed by the DGCADETS-AF.

64. Disciplinary termination. The DGCADETS-AF may also terminate the appointment of an OOC or lac if the DGCADETS-AF is satisfied that:

a. the OOC or lac is not a fit and proper person to be an officer or instructor; or

b. the OOC or lac has contravened the code of conduct and discharge is an appropriate sanction for the contravention.

65. The procedures applicable to a disciplinary termination are detailed CH1D -Behaviour and CH12 - Complaint Management.

UNALLOTTED LIST

66. An unallotted list for OOC and lac may be maintained by HQ AAFC. The maximum period a member may be held in the unallotted list is 12 months. On completion of the 12 months period, the appointment of the member concerned is to be terminated. CDR­AAFC may grant an extension beyond 12 months to a maximum of no more then 24 months on an unallotted list on the basis of documented extenuating circumstances.

Transfer to an Unallotted List

67. Transfer to an unallotted list for lac is to be at the substantive rank of FSGT(AAFC) or below for lac and at the substantive rank of FLTLT(AAFC) or below. DGCADETS-AF or delegate may approve transfer at a higher rank.

68. Periods of attachment to an unallotted list in excess of three months will not count as qualifying service for individual proficiency or seniority for promotion.

69. Periods of attachment to an unallotted list does not qualify as service towards the Australian Cadet Force Service Medal.

DEF.02.0006.001.1627

70. During the periods that lac or OOC are attached to an unallotted list, they are not permitted to attend any AAFC activities and are not entitled to receive any allowances.

Transfer from an Unallotted List

71. Members may be posted from an unallotted list to a unit temporarily to attend training or an activity.

72. OCs may approve the posting of a member from the unallotted list to fill a vacancy in a unit establishment for lac at the rank of FSGT(AAFC) or below or for OOC at the rank of FLTLT(AAFC) or below. Transfer of lac at the rank of WOFF(AAFC) or OOC above the rank of FLTLT(AAFC) from the UAL are to be approved by DGCADETS-AF or delegate.

Sponsor: Deputy Director-General Cadets - Air Force

Related DIP:

Air Force Act 1923 Cadet Forces Regulations 2013 CDF Directive 02/2013 CDF Directive 22/2013 Delegation by Chief of Air Force Pursuant to the Cadet Forces Regulations 2013 Appointment of Decision Makers - Australian Air Force Cadets VCDF Directive 03/2014 - Child Protection

UNCONTROLLED IF PRINTED

© Commonwealth of Australia I Privacy