Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 177 1

__________________

Defence Force Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 14 August 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

BRONWYN BISHOP

Minister for Defence Industry, Science and Personnel

____________

1.   Commencement

1.1   These Regulations (except regulations 4 and 7) commence on 1 December 1996.

[NOTE: Regulations 4 and 7 commence on gazettal: see

 Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Defence Force Regulations are amended as set out in these Regulations.

3.   Regulation 3A (Delegations)

3.1   Omit the regulation, substitute:

Delegations

 “3A. (1)The Minister may delegate, in writing, any of his or her powers under these Regulations to:

• (a)

  an officer of the Navy who holds the rank of Commodore, or a higher rank; or

• (b)

  an officer of the Army who holds the rank of Brigadier, or a higher rank; or

• (c)

  an officer of the Air Force who holds the rank of Air Commodore, or a higher rank; or

• (d)

  the Secretary to the Department; or

• (e)

  an officer of the Senior Executive Service performing duty in the Department; or

• (f)

  any other officer of the Australian Public Service who, for the time being, holds, or is performing the duties of, an office in the Department for which the minimum rate of salary exceeds the maximum rate of salary for an office classified under section 28 of the Public Service Act 1922 as Senior Officer, Grade A.

 “(2) The Minister may also delegate, in writing, his or her powers under regulation 58G to:

• (a)

  an officer of the Navy who holds the rank of Captain; or

• (b)

  an officer of the Army who holds the rank of Colonel; or

• (c)

  an officer of the Air Force who holds the rank of Group Captain; or

• (d)

  an officer of the Australian Public Service (except an officer referred to in paragraph (1) (d), (e) or (f)) who, for the time being, holds, or is performing the duties of, an office in the Department for which the minimum rate of salary exceeds the maximum rate of salary for an office classified under section 28 of the Public Service Act 1922 as Senior Officer, Grade C.”.

[NOTE: For the effect of a delegation, see s. 34AB of the Acts Interpretation Act 1901.]

4.   Regulation 8 (Corresponding ranks)

4.1   Subregulation 8 (1):

Omit the table, substitute:

Column 1 Item No.	Column 2 Navy	Column 3 Army	Column 4 Air Force
1	Admiral of the Fleet	Field Marshal	Marshal of the Royal    Australian Air Force
2	Admiral	General	Air Chief Marshal
3	Vice-Admiral	Lieutenant-General	Air Marshal
4	Rear-Admiral	Major-General	Air Vice-Marshal
5	Commodore	Brigadier	Air Commodore
6	Captain	Colonel	Group Captain
7	Commander	Lieutenant-Colonel	Wing Commander
8	Lieutenant-   Commander	Major	Squadron Leader
9	Lieutenant	Captain	Flight Lieutenant
10	Sub-Lieutenant	Lieutenant	Flying Officer
11	Acting Sub-   Lieutenant	Second Lieutenant	Pilot Officer
12	Midshipman	Officer Cadet	Officer Cadet
13	Warrant Officer	Warrant Officer,    Class 1	Warrant Officer
14	Chief Petty Officer	Warrant Officer,    Class 2	Flight Sergeant
15	Staff Sergeant
16	Petty Officer	Sergeant	Sergeant
17	Leading Seaman	Corporal	Corporal
18	Lance Corporal
19	Able Seaman	Leading Aircraftman
20	Seaman	Private	Aircraftman

5.   Regulation 45 (Form of warrant)

5.1   Omit “the Schedule”, substitute “Schedule 1”.

6.   New Part XIIA

6.1   After regulation 58, insert:

“PART XIIA—MARRIED QUARTERS, MEDICAL AND DENTAL TREATMENT ETC.

“Division 1—Interpretation

Interpretation

 “58A.(1) In this Part:

‘member’ means a member of the Defence Force (including the Reserve Forces and the Emergency Forces) rendering continuous full-time service.

“Division 2—Married quarters

Provision of married quarters

 “58B.(1)If the Commonwealth provides married quarters for a member, the Minister may determine, in writing, the rent the member must pay if the member, or any of the member’s family, occupies the married quarters.

 “(2) The amount of rent is a debt due to the Commonwealth.

 “(3)Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

Provision of furniture

 “58C.(1) If the Commonwealth provides furniture for use in married quarters occupied by a member, or any of the member’s family, the Minister may determine, in writing, the charge the member must pay for the use of the furniture.

 “(2)The amount of the charge is a debt due to the Commonwealth.

 “(3) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

Provision of electricity

 “58D.(1) If:

• (a)

  the Commonwealth:

  • (i)

    supplies electricity to married quarters occupied by a member or any of the member’s family; or

  • (ii)

    pays for the supply of electricity to the quarters; and

• (b)

  the quarters do not have a meter that measures how much electricity is used;

the Minister may determine, in writing, the charge the member must pay for the supply of the electricity.

 “(2) The amount of the charge is a debt due to the Commonwealth.

 “(3) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

“Division 3—Medical and dental treatment

Interpretation

 “58E. In this Division:

‘dental treatment’ includes the giving of dental advice, dental treatment or dental supplies and appliances by, or on the authority of, a dental officer or practitioner;

‘medical treatment’ includes:

• (a)

  the giving of medical advice, medical treatment or medical supplies and appliances by, or on the authority of, a medical officer or practitioner; and

• (b)

  transport in an ambulance; and

• (c)

  treatment, maintenance and accommodation at a hospital or other health care facility;

‘Repatriation hospital’ means a hospital established, controlled or administered by the Repatriation Commission under the Veterans’ Entitlements Act 1986.

Provision of medical and dental treatment

 “58F.(1)Subject to subregulation (2), the Commonwealth must provide the medical and dental treatment required to keep a member healthy for the purpose of discharging the member’s duties.

 “(2)The Minister may determine, in writing, conditions on which the treatment is to be provided to a member, having regard to:

• (a)

  the treatment facilities available under the circumstances (including the place where the member is serving); and

• (b)

  the duties of the member; and

• (c)

  the operational requirements of the Defence Force.

Recovery of the costs of treatment in certain circumstances

 “58G.(1) This regulation applies to a member if:

• (a)

  the Commonwealth provides medical or dental treatment to the member under regulation 58F; and

• (b)

  the Minister determines, in writing, that he or she is satisfied that the member may have an enforceable claim for damages against a person for the illness or injury the subject of the treatment.

 “(2) The Minister may, in writing, require the member to pay an amount to the Commonwealth for the treatment.

 “(3) The amount is a debt due to the Commonwealth.

 “(4) The amount must not exceed:

• (a)

  for each day on which the member was treated as an in-patient at a service or Repatriation hospital in a State—an amount calculated according to Schedule 2; or

• (b)

  for any other medical or dental treatment—the expense actually incurred by the Commonwealth.

 “(5)In calculating an amount referred in paragraph (4) (a), the day on which the member enters a hospital as an in-patient, and the day on which the member ceases to be an in-patient of the hospital, are counted as a single day.

 “(6) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

 “(7) In paragraph (1) (b) and subregulation (2), a reference to a member includes a reference to a person:

• (a)

  to whom treatment was provided as a member; and

• (b)

  who ceases to be a member at any time after receiving the treatment.”.

7.   Regulation 72A (Delegations of power to make determinations)

7.1   Paragraph 72A (b):

Omit “Compensation (Commonwealth Government Employees) Act 1971;”, substitute “Safety Rehabilitation and Compensation Act 1988;”.

8.   Schedule

8.1   Omit the heading, substitute:

“SCHEDULE 1 Regulation 45

FORM OF WARRANT”.

9.   New Schedule 2

9.1   After Schedule 1, insert:

 “SCHEDULE 2 Subregulation 58G (4)

CHARGE FOR EACH DAY ON WHICH MEMBER WAS AN IN-PATIENT AT A SERVICE OR REPATRIATION HOSPITAL IN A STATE

Column 1 Item	Column 2 Period when treatment was provided	Column 3 Hospital in New South Wales	Column 4 Hospital in Victoria	Column 5 Hospital in Queensland	Column 6 Hospital in South Australia	Column 7 Hospital in Western Australia	Column 8 Hospital in Tasmania
$	$	$	$	$	$
1	1 July 1975 to 30 June 1976	72.04	87.86	66.71	74.04	86.61	68.63
2	1 July 1976 to 30 June 1977	88.07	121.50	82.25	90.18	82.08	82.70
3	1 July 1977 to 30 June 1978	112.84	141.50	100.12	108.65	100.06	93.95
4	1 July 1978 to 30 June 1979	136.22	134.92	116.02	122.27	117.96	102.41
5	1 July 1979 to 30 June 1980	144.04	142.07	125.26	132.52	124.65	113.60
6	1 July 1980 to 30 June 1981	157.66	162.48	136.83	145.45	134.60	128.68

SCHEDULE 2— continued

Column 1 Item	Column 2 Period when treatment was provided	Column 3 Hospital in New South Wales	Column 4 Hospital in Victoria	Column 5 Hospital in Queensland	Column 6 Hospital in South Australia	Column 7 Hospital in Western Australia	Column 8 Hospital in Tasmania
$	$	$	$	$	$
7	1 July 1981 to 30 June 1982	174.50	188.65	156.62	166.46	156.70	162.08
8	1 July 1982 to 30 June 1983	219.83	213.10	176.83	180.97	183.88	165.86
9	1 July 1983 to 30 June 1984	237.00	230.83	203.74	210.81	201.35	190.94
10	1 July 1984 to 30 June 1985	276.12	264.85	223.53	239.41	212.42	210.55
11	1 July 1985 to 30 June 1986	290.26	281.27	233.58	253.37	221.62	218.47
12	On or after 1 July 1986	340.00	375.00	277.50	282.50	260.00	272.50”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 August 1996.

2. Statutory Rules 1952 No. 29 as amended by 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106; 1980 Nos. 95 and 244; 1981 Nos. 177 and 352; 1982 No. 271; 1983 No. 129; 1984 No. 392; 1985 Nos. 88, 118, 131, 156, 235 and 331; 1986 No. 101; 1987 No. 113; 1988 Nos. 58, 89, 321 and 322; 1989 Nos. 203, 275, 290 and 302; 1990 No. 92; 1995 Nos. 51 and 69.