Defence Legislation Amendment (First Principles) Act 2015 (164 of 2015)

Schedule 1   Amendment of the Defence Act 1903

Part 1   Amendments

Defence Act 1903

22   Part V

Repeal the Part, substitute:

Part V - Australian Defence Force Cadets

62 Australian Defence Force Cadets

(1) The Australia Defence Force Cadets (or ADF Cadets or Cadets ) consists of the following:

(a) the Australian Navy Cadets;

(b) the Australian Army Cadets;

(c) the Australian Air Force Cadets.

(2) The Australian Navy Cadets consists of persons who have volunteered and been accepted by the Chief of the Defence Force as officers, instructors or cadets in the Australian Navy Cadets.

(3) The Australian Army Cadets consists of persons who have volunteered and been accepted by the Chief of the Defence Force as officers, instructors or cadets in the Australian Army Cadets.

(4) The Australian Air Force Cadets consists of persons who have volunteered and been accepted by the Chief of the Defence Force as officers, instructors or cadets in the Australian Air Force Cadets.

62A Direction and administration of the Cadets

(1) The Chief of the Defence Force is to direct and administer the Cadets.

(2) In directing and administering the Cadets, the Chief of the Defence Force must comply with any directions of the Minister.

(3) The Chief of the Defence Force may direct the Vice Chief of the Defence Force, a service chief or any other member of the Defence Force to assist with the direction and administration of the Cadets.

(4) The Chief of the Defence Force may use members of the Defence Force and the resources of the Defence Force for the purposes of administering, managing, supervising and training cadets.

Note: The use and management of public resources must comply with the requirements of the Public Governance, Performance and Accountability Act 2013.

62B Chief of the Defence Force may make determinations

(1) The Chief of the Defence Force may, by legislative instrument, make determinations providing for and in relation to the following:

(a) the payment of allowances or other pecuniary benefits to or for cadets;

(b) the payment of allowances or other pecuniary benefits to or in respect of members of the families of cadets;

(c) the provision of other benefits to or in respect of cadets, or to or in respect of members of the families of cadets.

(2) A legislative instrument under subsection (1) may provide for an amount paid under a determination made under that subsection to be wholly or partly repaid to the Commonwealth if an event specified in the determination occurs.

62C Relationship to the Defence Force

(1) A cadet is not a member of the Defence Force.

(2) A person with a role in administering, managing, supervising or training cadets does not become a member of the Defence Force because of that role.

62D Acceptance is not a civil contract

No civil contract of any kind is created with the Crown or the Commonwealth in connection with the acceptance of a person as an officer, instructor or cadet in the Cadets.

62E Annual report

(1) The Chief of the Defence Force must, as soon as practicable after the end of each financial year, prepare a report on the administration of the Cadets during that year.

(2) The report must be included in the annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for the financial year.