Member of the Cadet Corps

Member of the Cadet Corps

Cadets are covered by the SRC Act by virtue of a declaration made under s 5(6) of the Act which declares the following persons and activities:

Cadets were covered under the 1971 Act, with effect from 1 September 1971, by virtue of Regulation 11 made under s 7 of that Act.

Air Training Corps

The Air Training Corps is established by s 8 of the Airforce Act 1923.  Members of the Corps are not members of the Defence Force, but are covered by the SRC Act by virtue of a Declaration under s 5(6) of that Act.

Section 8 of the Airforce Act 1923 states:

Air Training Corps

8(1)There is hereby established a body to be known as the Air Training Corps.

8(2)The Air Training Corps shall consist of:

(a)persons appointed in accordance with the regulations to be officers in that body;

(b)persons appointed in accordance with the regulations to be instructors in that body; and

(c)subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body.

8(3)A person appointed to be an officer or instructor in the Air Training Corps does not become a member of the Air Force by virtue of that appointment.

8(4)A cadet in the Air Training Corps is not a member of the Air Force.

8(5)A person is not entitled to volunteer, or to be accepted, as a cadet unless he:

(a)has attained such age as is prescribed; and

(b)has not attained the age of 20 years.

8(6)A person ceases to be a cadet when he attains the age of 21 years or such lower age as is prescribed.

8(7)The regulations may make provision for and in relation to the organization, maintenance, regulation, control and discipline of the Air Training Corps, and, in particular, for and in relation to:

(a)the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and

(b)the promotion of members.

8(8)In subsection (7),”member” means an officer, instructor or cadet in the Air Training Corps.

8(9)Subject to the regulations, to any determinations in force under section 58B of the Defence Act and to the directions of the Minister, the Chief of Air Force shall administer the Air Training Corps.

Australian Cadet Corps

The Australian Cadet Corps is established by s 62 of the Defence Act 1903.  Members of the Corps are not members of the Defence Force, but are covered by the SRC Act by virtue of a Declaration under s 5(6).

Section 62 of the Defence Act 1903 states:

Australian Cadet Corps

62(1)There shall be an Australian Cadet Corps.

62(2)The Australian Cadet Corps shall consist of:

(a)persons appointed in accordance with the regulations to be officers in that body;

(aa)persons appointed in accordance with the regulations to be instructors in that body; and

(b)subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body.

62(3)A person appointed to be an officer or instructor in the Australian Cadet Corps does not become a member of the Army by virtue of that appointment.

62(4)A cadet in the Australian Cadet Corps is not a member of the Army.

62(5)A person is not entitled to volunteer, or to be accepted, as a cadet unless he:

(a)has attained such age as is prescribed; and

(b)has not attained the age of 20 years.

62(6)A person ceases to be a cadet when he attains the age of 21 years or such lower age as is prescribed.

62(7)The regulations may make provision for and in relation to the organization, maintenance, regulation, control and discipline of the Australian Cadet Corps, and, in particular, for and in relation to:

(a)the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B may be made; and

(b)the promotion of members.

62(8)In subsection (7), “member” means an officer, instructor or cadet in the Australian Cadet Corps.

62(9)Subject to the regulations, to any determinations in force under section 58B and to the directions of the Minister, the Chief of Army shall administer the Australian Cadet Corps.

Naval Reserve Cadets

The Naval Reserve Cadets is established by s 38 of the Naval Defence Act 1910.  Members of the Corps are not members of the Defence Force, but are covered by the SRC Act by virtue of a Declaration under s 5(6) of that Act.

Section 38 of the Naval Defence Act 1910 states:

Establishment and constitution of Naval Reserve Cadets

38(1)There is hereby established a body to be known as the Naval Reserve Cadets.

38(2)              The Naval Reserve Cadets shall consist of:

(a)persons appointed in accordance with the regulations to be officers in that body;

(b)persons appointed in accordance with the regulations to be instructors in that body; and

(c)subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body.

38(3)A person appointed to be an officer or instructor in the Naval Reserve Cadets does not become a member of the Navy by virtue of that appointment.

38(4)A cadet is not a member of the Navy.

38(5)A person is not entitled to volunteer, or to be accepted, as a cadet

unless he:

(a)has attained such age as is prescribed; and

(b)has not attained the age of 18 years.

38(6)A person ceases to be a cadet when he attains the age of 19 years.

38(7)The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Naval Reserve Cadets and, in particular, for and in relation to the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made.

38(8)In subsection (7),”member” means an officer, instructor or cadet in the Naval Reserve Cadets.