Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 1131

Defence Force Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

Dated 5 June 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Brown

Minister of State for Sport, Recreation and Tourism

for and on behalf of the

Minister of State for Defence

 

Tabling and disapproval of declarations

1. Regulation 50 of the Defence Force Regulations is amended by inserting after subregulation (1) the following subregulation:

“(1a) If a copy of a declaration is not laid before each House of the Parliament in accordance with the provisions of subregulation (1), the declaration shall be void and of no effect.”.

Compensation for loss, injury or damage

2. Regulation 57 of the Defence Force Regulations is amended by adding at the end the following subregulations:

“(2) A claim for compensation under this regulation shall:

(a) be in writing, signed by the person making the claim; and

(b) be addressed to the Secretary.

“(3) Where no decision is made in respect of a claim for compensation within the period of 60 days from the date on which the claim was made, a decision refusing compensation shall be deemed to have been made.”.

[

(S.R. 427/85)—Cat. No.  16/7.5.1987

3. After regulation 57 of the Defence Force Regulations the following regulations are inserted in Part XI:

Review of decisions: compensation

“57a. (1) In this regulation, ‘reviewing authority’ means:

(a) a person appointed under subregulation (4) or (5); or

(b) a board constituted by the Secretary under subregulation (4) or (5);

as the case may be.

“(2) A person aggrieved by:

(a) a decision refusing to pay compensation under regulation 57; or

(b) a decision with respect to the amount of compensation paid or offered to be paid under that regulation;

may apply in writing addressed to the Secretary for a review of the decision.

“(3) An application under subregulation (2) shall:

(a) be signed by the person making the application;

(b) be made within 30 days:

(i) where the decision is deemed to have been made by virtue of subregulation 57 (3)—after the expiration of the period of 60 days referred to in that subregulation; or

(ii) in any other case—after receipt by the person of notification of the decision;

or within such longer period as the Secretary, within 30 days after the date on which the application was sought to be made, in writing determines; and

(c) set out the reasons for making the application.

“(4) The Secretary may:

(a) appoint a person; or

(b) constitute a board comprising such persons as the Secretary in writing determines;

for the purpose of reviewing decisions in respect of which application has been made under subregulation (2).

“(5) The Secretary shall, within 21 days after the making of an application under subregulation (2), refer the application to a person appointed, or a board constituted, under subregulation (4) or shall:

(a) appoint a person, or constitute a board comprising such persons as the Secretary determines, for the purpose of reviewing the decision in respect of which the application was made; and

(b) refer the application to the person so appointed or the board so constituted, as the case may be.

“(6) A reviewing authority to which a decision referred to in sub-regulation (2) has been referred shall, within 60 days after the date on which the decision was referred:

(a) affirm the decision;

(b) vary the decision; or

(c) set aside the decision and make a decision in substitution for that decision.

“(7) Where:

(a) a reviewing authority makes a decision under subregulation (6); or

(b) the Secretary makes a decision under subregulation (3) refusing to extend the period in which an application may be lodged under that subregulation;

the reviewing authority or Secretary, as the case requires, shall cause a statement in writing to be given to the person whose interests are affected by the decision, setting out the decision and giving reasons for the decision.

“(8) A statement referred to in subregulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,a person whose interests are affected by the decision to which the statement relates is entitled to apply to the Administrative Appeals Tribunal for a review of the decision.

“(9) The validity of a decision to which a statement under subregulation (7) relates shall not be taken to be affected by a failure to comply with subregulation (8).

“(10) Application may be made to the Administrative Appeals Tribunal for a review of a decision:

(a) of the Secretary refusing to extend the period in which an application may be lodged under subregulation (3); or

(b) of a reviewing authority making a decision of the kind referred to in subregulation (6).

Delegation by Secretary

“57b. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, in writing delegate to:

(a) an officer in the Defence Force holding, or performing the duties of, a position for which the rank is not lower than Colonel or a corresponding rank; or

(b) a person for the time being holding, or performing the duties of, an office in the Australian Public Service the minimum rate of salary for which exceeds the maximum rate of salary for an office of Clerical Administrative, Class 9, in that Service;

any of his or her powers under this Part, other than this power of delegation.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Secretary.

“(3) A delegation under this regulation does not prevent the exercise of a power by the Secretary.

Other defence operations and practices

“57c. Nothing in this Part shall be taken to affect or limit in any way the power of the Commonwealth to undertake defence operations and practices otherwise than in an area declared under regulation 49.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 June 1987.

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.

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