Defence Force (Reserves) (Financial) Regulations (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903-1975, THE NAVAL DEFENCE ACT 1910-1975 AND THE AIR FORCE ACT 1923-1975.*
I, THE ADMINISTRATOR of the Government of Australia, acting
with the advice of the Executive Council, hereby make the following Regulations under the
Dated this twentieth day of January 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS
1. These Regulations may be cited as the Defence Force (Reserves) (Financial) Regulations.
2. (1) In these Regulations, unless the contrary intention appears—“ appropriate Schedule ”, in relation to a member, means the Schedule appropriate to the class of members in which the member is included;
“ dental officer ” means an officer who is a qualified dental practitioner and is serving in—
(a) the Dental Branch of the Naval Forces;
(b) the Royal Australian Army Dental Corps; or
(c) the Medical Branch of the Air Force;
“ medical officer ” means an officer who is a qualified medical practitioner and is serving in—
(a) the Medical Branch of the Naval Forces;
(b) the Royal Australian Army Medical Corps; or
(c) the Medical Branch of the Air Force;
* Notified in the
“ member ” means a person who is a member of the Naval Emergency Reserve Forces, of the Citizen Naval Forces, of the Regular Army Emergency Reserve, of the Regular Army Reserve, of the Citizen Military Forces, of the Air Force Emergency Force or of the Citizen Air Force, other than a person who is a member within the meaning of the Defence Force (Salaries) Regulations;
“ officer ” means a member who is an officer;
“ prescribed period ” means the period that commenced on 1 July 1975 and ended on the day immediately preceding the day on which the making of these Regulations was notified in the
Gazette; “ reserve service ” means service by a member, other than service in respect of which he is entitled to be paid salary under the Defence Force (Salaries) Regulations;
“ Service Financial Regulations ” means—
(a) in relation to a member of the Naval Forces—the Naval Financial Regulations;
(b) in relation to a member of the Military Forces—the Military Financial Regulations; and
(c) in relation to a member of the Air Force—the Air Force Regulations;
“trainee ” means a member undergoing training in a capacity specified in column 2 of an item in Schedule 7;
“ training commitment ”, in relation to a member, means an obligation, in accordance with the
Defence Act 1903-1975, theNaval Defence Act 1910-1975, theAir Force Act 1923-1975 or regulations made under one or more of those Acts, to render specified reserve service during a specified period, whether at specified times or not.
(2) Subject to sub-regulation (1), expressions used in these Regulations have the same meanings as in the Service Financial Regulations.
(3) For the purposes of these Regulations a medical officer or a dental officer of the Naval Forces who does not have an obligation to render reserve service, but who may, in accordance with regulation 182 of the Naval Forces Regulations, render a specified period of reserve service, shall be deemed to have an obligation to render a period of reserve service equal to that specified period.
(4) In these Regulations and in any other regulations made under the
3. (1) The Minister may, by instrument in writing, delegate to—(a) the person who is performing the duties of a position on the establishment of a part of the Defence Force, being a person who is an officer within the meaning of the
Defence Act 1903-1975; or(b) the person for the time being holding or performing the duties of an office in the First, Second or Third Division of the Australian Public Service,
any of his powers and functions under these Regulations, except this power of delegation.
(2) A power or function delegated by the Minister under sub-regulation (1) may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under sub-regulation (1) is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.
Column 1 Appointment | Column 2 Rate per year |
$ | |
Inspector-General of Reserves ................................................................................. | 6,924 |
| 6,654 |
| 5,654 |
Consultant Colonel, CMF, 2nd Military District ........................................................ | 5,628 |
Consultant Colonel, CMF, 3rd Military District ......................................................... | 5,628 |
Colonel, Medical, 1st Division ................................................................................. | 5,628 |
Chaplain-General— | |
| 4,207 |
| 4,207 |
| 3,365 |
| 3,365 |
| 3,365 |
| 2,103 |
(2) Where a member renders reserve service on a day for a period of less than 2 hours, he shall not be paid an amount under sub-regulation (1) in respect of that service.
(3) A period of reserve service rendered by a member of the Military Forces, being a period of service that is not service for the purposes of pay in accordance with regulation 193 of the Military Financial Regulations shall be disregarded for the purposes of sub-regulation (1).
Pay of officers.
(a) if, in the appropriate Schedule, the reference to the rank held by the officer is not followed by a reference to under 2 years and by a reference or references to a specified number of years—the amount
specified in column 4 of the appropriate Schedule, opposite to the description of the rank held by the officer; and
(b) in any other case—the amount specified in column 4 of the appropriate Schedule in relation to the rank held by the officer opposite to the number of years equal to the number of years of service that the officer has completed, or is deemed to have completed, in the rank.
(2) Subject to regulation 10, the amount payable to a member who—
(a) is a medical officer or a dental officer in the Military Forces; and
(b) holds an honorary rank, but not a substantive rank, in those Forces, in respect of reserve service rendered by him on a day shall be an amount equal to the amount that would be payable to the member in respect of that service if—
(c) he held the substantive rank of Captain in those Forces;
(d) he were included in the class of members for whom Schedule 1 is the appropriate Schedule; and
(e) he had completed a number of years of service in that last-mentioned rank equal to the number of years completed by him in an honorary rank, or in honorary ranks, in those Forces.
(3) Where a member is appointed an officer and the amount that would, but for this sub-regulation, be payable to him in respect of reserve service rendered by him on a day is less than the amount that would, immediately before he was so appointed an officer, have been payable to him in respect of a similar period of reserve service rendered by him on a day, the amount payable to that member in respect of reserve service rendered by him on a day shall be that greater amount.
(a) if the member holds a rank specified in Part I of that Schedule—the amount specified in that Part in relation to the rank held by the member and the pay level appropriate, under the Service Financial Regulations, to the member;
(b) if the member holds a rank specified in Part II of that Schedule—the amount specified in that Part in relation to the rank held by the member opposite to the number of years of service that the member has completed, or is deemed to have completed, in the rank; and
(c) if the member holds a rank specified in Part III of that Schedule—the amount specified in that Part in relation to the rank held by the member opposite to the number of years of service that the member has completed, or is deemed to have completed, in the rank.
(2) The amount payable to a member of the Military Forces—
(a) who holds the rank of Private;
(b) who—
(i) held that rank on or before 1 July 1975; or
(ii) has successfully completed, after 1 July 1975, a military trade or skill test;
(c) who has, before 1 July 1975 or the date of the completion of that test, as the case requires, completed not less than 2 years of training;
(d) who has, in respect of—
(i) each of those years of training; or
(ii) where the member has so completed more than 2 years of training, the last 2 of those years of training,
been classified as “ efficient ” in accordance with regulation 506 of the Australian Military Regulations; and
(e) who is proficient in his military trade or skill,
in respect of reserve service rendered by him on a day is the amount that would be payable, in respect of a similar period of reserve service rendered on that day, to a member of those Forces—
(f) who holds the rank of Lance Corporal; and
(g) the pay level appropriate, under the Service Financial Regulations, to whom is the same as the pay level appropriate, under those last-mentioned Regulations, to that first-mentioned member.
(3) In sub-regulation (2), “ year of training ” has the same meaning as in Division 8 of Part VI of the Australian Military Regulations.
(2) Where the amount payable to a trainee undergoing training in a capacity specified in column 2 of item 3, 4, 5 or 6 in Schedule 7 in respect of reserve service rendered by him on a day is less than the amount that would be payable to a member who—
(a) holds the rank that the trainee held immediately before becoming a trainee;
(b) has completed, or is deemed to have completed, a period of service in that rank equal to the sum of the periods that the trainee completed, or is deemed to have completed, in that rank before he became a trainee and that the trainee has completed, or is deemed to have completed, since becoming a trainee; and
(c) renders a similar period of reserve service on that day,
the amount payable to the trainee in respect of the reserve service rendered by him on that day shall be that greater amount.
(a) where that period of service is not less than 3 hours—one-half; and
(b) where that period of service is less than 3 hours—one-third,
of the amount that the member would, but for this sub-regulation, be entitled to be paid in respect of that service.
(2) Where, before 1 March 1976, a pay level, other than pay level 1, becomes appropriate, under the Service Financial Regulations, to a member
referred to in sub-regulation (1), the first-mentioned pay level shall be deemed, for the purposes of these Regulations and for the purposes of the Service Financial Regulations in respect of the prescribed period, to have so become appropriate to the member on 1 July 1975.
(3) For the purposes of regulation 12, where a member holds the rank of Sergeant in the Citizen Military Forces and was promoted to that rank before the commencement of these Regulations, pay level 3 shall, subject to sub-regulation (5), be deemed to have been appropriate, under the Service Financial Regulations, to the member immediately before he was so promoted.
(4) For the purposes of regulation 12, where a member is promoted to the rank of Sergeant in the Citizen Military Forces and no pay level was appropriate, under the Service Financial Regulations, to that member immediately before he was so promoted, pay level 3 shall, subject to sub-regulation (5), be deemed to have been appropriate, under those Regulations, to the member immediately before he was so promoted.
(5) Where the Minister declares, by instrument in writing made before 1 March 1976, that, having regard to the special skills and qualifications of, and the nature of the responsibilities discharged by, a member referred to in sub-regulation (3) or (4) immediately before he was promoted to the rank of Sergeant in the Citizen Military Forces, that member should be treated as if he were, immediately before he was so promoted, included in a pay level higher than pay level 3, that first-mentioned pay level shall, for the purposes of regulation 12, be deemed to have been appropriate, under the Service Financial Regulations, to the member immediately before he was so promoted.
(2) Subject to sub-regulations (11), (12) and (13), any period during which a member who holds a particular rank—
(a) has a training commitment; and
(b) renders the reserve service necessary to efficiently fulfil the requirements of that commitment,
shall be counted as a period of service for pay by the member in that rank.
(3) A member shall be regarded as having efficiently fulfilled the requirements of a training commitment unless, in respect of the period to which that commitment relates—
(a) the member was not eligible to receive an efficiency grant or efficiency allowance under the Service Financial Regulations, being a grant or allowance which he would have been entitled to receive if he had efficiently fulfilled the requirements of that commitment; or
(b) the member’s commanding officer has certified in writing that the member has not efficiently fulfilled the requirements of that commitment.
(4) A member’s commanding officer shall not issue a certificate under paragraph (3) (b) if the member could reasonably be regarded as having fulfilled the requirements of the training commitment to which that certificate relates.
(5) Subject to sub-regulations (11), (12) and (13), where a member is promoted to a rank specified in Part II of Schedule 5 or Part II of Schedule 6, a period, equal to the period specified in column 2 of the following table opposite
to the pay level appropriate, under the Service Financial Regulations, or deemed, by virtue of regulation 11, to have been appropriate, under those Regulations, to the member immediately before he was so promoted, shall be deemed to be counted as a period of service for pay by the member in that rank:—
Column 1 Appropriate Pay Level | Column 2 Period |
Pay Level 3 ..................................................................................... | 2 years |
Pay Level 4 ..................................................................................... | 2 years |
Pay Level 5 ..................................................................................... | 4 years |
Pay Level 6 ..................................................................................... | 6 years |
(6) Subject to sub-regulations (11), (12) and (13), where, immediately after a member is enlisted with, or promoted to, a rank specified in Part II or III of Schedule 5 or Part II or III of Schedule 6, the amount payable to him in respect of reserve service rendered by him on a day is, by virtue of the operation of the Service Financial Regulations in their application to that member, greater than the amount that would, but for the operation of those Regulations, be payable to him in respect of reserve service rendered by him on a day, a period equal to the period specified in whichever of columns 1, 2 or 3 of that Part, is applicable to the member, opposite to the amount payable to him in respect of reserve service rendered on a day shall be deemed to be counted as service by the member in that rank.
(7) Subject to sub-regulations (11) and (12), where a member who holds a particular rank renders continuous full-time service for a period of not less than 30 days in that rank or in a higher rank, a period of twice the duration of that first-mentioned period shall be deemed to be counted as a period of service for pay by the member in that first-mentioned rank.
(8) Any period of continuous
full-time service rendered by a member in a part of the forces of a country
declared to be a country within the Commonwealth of Nations for the purposes of
the
(a) in the case of a member of the Naval Forces—responsible for the naval defence of that country;
(b) in the case of a member of the Military Forces—responsible for the military defence of that country; and
(c) in the case of a member of the Air Force—responsible for the air defence of that country,
shall, for the purposes of this regulation, be deemed to be a period of continuous full-time service rendered by the member in the Defence Force while holding a rank or ranks that corresponds with the rank or ranks held by the member while rendering that period of service,
(9) For the purposes of sub-regulation (8), the rank in the Permanent Naval Forces, the Australian Regular Army or the Permanent Air Force that corresponds with a rank held by a member in a part of the forces of a country referred to in that sub-regulation shall be that rank that—
(a) is, for the purposes of Part II of the
Defence (Visiting Forces )Act 1963-1973, to be regarded as corresponding to that second-mentioned rank by virtue of an order by the Governor-General made under sub-section 26 (1) of that Act; or(b) where the rank that corresponds with that second-mentioned rank cannot be ascertained by reference to an order referred to in paragraph (a), is declared by the Minister, by notice in writing of general application, to correspond with that second-mentioned rank.
(10) Where the total of the periods that would, but for this sub-regulation, be counted by a member as service for pay in a rank specified in Part II or III of Schedule 5 or in Part II or III of Schedule 6 is greater than the period that commenced on—
(a) in the case of a member of the Naval Forces or of the Military Forces—27 August 1971; and
(b) in the case of a member of the Air Force—26 August 1971,
the period of service by the member in that rank shall be a period equal to that shorter period.
(11) Any period of service by a member in a rank specified in Part II or III of Schedule 5 or Part II or III of Schedule 6 before—
(a) in the case of a member of the Naval Forces or of the Military Forces—27 August 1971; and
(b) in the case of a member of the Air Force—26 August 1971,
shall not be counted as service for pay by the member in that rank or in a lower rank.
(12) Where a member—
(a) has not had a training commitment for a period of 5 years; and
(b) has not, during that period, rendered continuous full-time service for a continuous period of not less than 30 days,
any period of service by the member before the commencement of that first-mentioned period shall not be counted as a period of service for pay in a rank.
(13) Where a member—
(a) holds a rank; and
(b) has served in a higher rank,
his service in that last-mentioned rank shall, for the purposes of this regulation, be deemed to be service in that first-mentioned rank.
(2) Where a member is required, for the purpose specified in sub-regulation (1), to attend at a specified place more than once on a day, he Shall be paid an amount under sub-regulation (1) only in respect of the first of those attendances.
(3) Where a member is required, for the purpose specified in sub-regulation (1), to attend at a specified place for a continuous period of more than one day, he shall be paid an amount under sub-regulation (1) only in respect of his attendance on the first of those days or, where the member so attends more than once on that day, in respect of the first of his attendances on that day.
(4) Sub-regulation (1) does not apply to a member where the cost of his transportation to the place at which he is to render reserve service is borne by Australia.
(2) Where hard-lying allowance would be payable to a member under the Defence Force (Salaries) Regulations in respect of a period of reserve service if that reserve service were continuous full-time service, an allowance of an amount equal to the amount of hard-lying allowance that would have been so payable to him shall be paid to the member in respect of that reserve service.
(2) A deduction shall not be made from the pay of a member under sub-regulation (1) in respect of any period of reserve service—
(a) that is not less than 96 hours in duration; and
(b) in respect of which he is not entitled to be paid salary, wages or other remuneration for his services, other than pay in accordance with these Regulations.
(2) Regulations 31a of the Naval Financial Regulations, 12ba of the Military Financial Regulations and 549a of the Air Force Regulations apply to a member who is promoted to a rank specified in Part II or III of Schedule 5 or Part II or III of Schedule 6 as if the references in those regulations to a rate in the prescribed table were read as references to an amount specified in column 4 of whichever of those Parts is appropriate to the member, opposite to the rank to which the member is promoted.
(2) Where the amount that would, disregarding any amount that would have been deducted in accordance with regulation 15, have been payable to a member in respect of reserve service rendered by him during the prescribed period if these Regulations and the relevant amendments had come into operation on 1 July 1975 exceeds the amount paid or payable to him in respect of that service under the Service Financial Regulations, he shall be paid an amount equal to the difference between those amounts.
(3) Where the amount that would, but for this sub-regulation, have been payable to a member to whom active pay was, immediately before the commencement of this sub-regulation, payable at the daily rate fixed in accordance with sub-regulation 272 (4) of the Naval Financial Regulations in respect of reserve service rendered by him on a day is less than the amount that would have been payable to him if these Regulations and the relevant amendments had not come into operation, he shall be paid an amount equal to the difference between those amounts.
SCHEDULE 1 Regulation 7
Male Officers other than Officers who hold an Appointment Specified in the Table in Regulation 4 or are Officers described in Schedules 2, 3 and 4
Column 1 | Column 2 | Column 3 | Column 4 |
Naval Forces | Military Forces | Air Force | Amount |
$ | |||
Acting Sub-Lieutenant...... | Second Lieutenant ........ | Pilot Officer ........... | 19.72 |
Lieutenant— | Flying Officer— | ||
Sub-Lieutenant ................ |
|
| 21.37 |
Lieutenant— | |||
|
|
| 22.85 |
Captain— | Flight Lieutenant— | ||
|
|
| 25.48 |
|
|
| 27.57 |
|
|
| 29.66 |
Lieutenant-Commander— | Major— | Squadron Leader— | |
|
|
| 31.75 |
|
|
| 33.46 |
|
|
| 35.17 |
Commander— | Lieutenant-Colonel— | Wing Commander— | |
|
|
| 36.89 |
|
|
| 39.52 |
Captain— | Colonel— | Group Captain— | |
|
|
| 42.15 |
|
|
| 44.76 |
SCHEDULE 2 Regulation 7
Female Officers and Officers who are Male Nurses
Column 1 | Column 2 | Column 3 | Column 4 |
Naval Forces | Military Forces | Air Force | Amount |
$ | |||
Second Lieutenant ...... | Pilot Officer............. | 15.78 | |
Sister or 3rd Officer— | Lieutenant— | Section Officer or Flying Officer— | |
|
|
| 17.10 |
|
|
| 18.28 |
Senior Sister or 2 | Captain— | Flight Officer or Flight Lieutenant— | |
|
|
| 20.38 |
|
|
| 22.06 |
|
|
| 23.73 |
Superintending Sister or 1st Officer— | Major— | Squadron Officer or Squadron Leader— | |
|
|
| 25.40 |
|
|
| 26.77 |
|
|
| 28.14 |
Matron or Chief Officer— | Lieutenant-Colonel— | Wing Officer or Wing Commander— | |
|
|
| 29.51 |
|
|
| 31.62 |
Captain— | Colonel— | Group Officer or Group Captain— | |
|
|
| 33.72 |
|
|
| 35.81 |
SCHEDULE 3 Regulation 7
Medical Officers and Dental Officers
Column 1 | Column 2 | Column 3 | Column 4 |
Naval Forces | Military Forces | Air Force | Amount |
$ | |||
Lieutenant— | Captain— | Flight Lieutenant— | |
|
|
| 31.08 |
|
|
| 33.84 |
|
|
| 36.60 |
Lieutenant Commander— | Major— | Squadron Leader— | |
|
|
| 39.37 |
|
|
| 41.44 |
|
|
| 43.51 |
Commander ........................ | Lieutenant-Colonel | Wing Commander | 49.73 |
Captain ............................... | Colonel ..................... | Group Captain ........ | 53.87 |
SCHEDULE 4 Regulation 7
Chaplains
Column 1 | Column 2 | Column 3 | Column 4 |
Naval Forces | Military Forces | Air Force | Amount |
$ | |||
Chaplain— | Chaplain, 4th Class— | Chaplain— | |
|
|
| 25.48 |
|
|
| 27.57 |
Chaplain, 3rd Class— | |||
|
|
| 29.66 |
|
|
| 31.75 |
|
|
| 33.46 |
|
|
| 35.48 |
|
|
| 37.50 |
Principal Air Chaplain | 39.52 |
SCHEDULE 5 Regulation 8
Male Members other than Officers and Members undergoing Training in a Capacity Referred to in Schedule 7
Ranks | Amount | |||||||
Column 1 Naval Forces | Column 2 Military Forces | Column 3 Air Force | Pay Level 1 | Pay Level 2 | Pay Level 3 | Pay Level 4 | Pay Level 5 | Pay Level 6 |
$ | $ | $ | $ | $ | $ | |||
Seaman............ | Private ........ | Aircraftman .... | 13.46 | 14.19 | 14.92 | 15.65 | 16.36 | 17.09 |
Able Seaman..... | Lance Corporal | Leading Aircraftman | 13.83 | 14.56 | 15.28 | 16.01 | 16.73 | 17.46 |
Leading Seaman | Corporal | Corporal | 14.51 | 15.23 | 15.95 | 16.68 | 17.41 | 18.13 |
Column 1 Naval Forces | Column 2 Military Forces | Column 3 Air Force | Column 4 Amount |
$ | |||
Petty Officer— | Sergeant— | Sergeant— | |
|
|
| 15.54 |
|
|
| 16.88 |
|
|
| 18.08 |
|
|
| 19.42 |
Column 1 Naval Forces | Column 2 Military Forces | Column 3 Air Force | Column 4 Amount |
$ | |||
Artificer, 1st Class, | |||
Mechanician, | |||
1st Class, Naval | |||
Shipwright | |||
1st Class— | Staff Sergeant— | Flight Sergeant— | |
|
|
| 20.46 |
|
|
| 21.65 |
Chief Petty Officer— | Warrant Officer, Class 2— | ||
|
|
| 22.84 |
|
|
| 24.03 |
Warrant Officer— | Warrant Officer, Class 1— | Warrant Officer— | |
|
|
| 25.23 |
|
|
| 26.42 |
SCHEDULE 6 Regulation 8
Female Members other than Officers and Members undergoing Training in a Capacity Referred to in Schedule 7
Ranks | Amount | |||||||
Column 1 Naval Forces | Column Military Forces | Column 3 Air Force | Pay Level 1 | Pay Level 2 | Pay Level 3 | Pay Level 4 | Pay Level 5 | Pay Level 6 |
$ | $ | $ | $ | $ | $ | |||
Wran ............... | Private ........... | Aircraftwoman | 13.46 | 14.19 | 14.92 | 15.65 | 16.36 | 17.09 |
Senior Wran .... | Lance Corporal | Leading Aircraftwoman | 13.76 | 14.49 | 15.22 | 15.95 | 16.66 | 17.39 |
Leading Wran | Corporal ........ | Corporal ........ | 14.30 | 15.03 | 15.76 | 16.49 | 17.20 | 17.93 |
Column 1 Naval Forces | Column 2 Military Forces | Column 3 Air Force | Column 4 Amount |
$ | |||
Petty Officer— | Sergeant— | Sergeant— | |
|
|
| 15.28 |
|
|
| 16.65 |
|
|
| 17.74 |
|
|
| 18.96 |
Column 1 Naval Forces | Column 2 Military Forces | Column 3 Air Force | Column 4 Amount |
$ | |||
Chief Petty Officer— | Staff Sergeant— | Flight Sergeant— | |
|
|
| 19.79 |
|
|
| 20.74 |
Warrant Officer, Class 2— | |||
|
| 21.69 | |
|
| 22.64 | |
Warrant Officer— | Warrant Officer, Class 1— | Warrant Officer— | |
|
|
| 23.60 |
|
|
| 24.55 |
SCHEDULE 7 Regulation 9
Members undergoing Training
Item No. | Training Capacities | Amount |
$ | ||
1 | Recruits during basic recruit training ....................................... | 12.43 |
2 | Members who hold the rank of Private in the Military Forces or an equivalent rank and whohave not completed their category training or their military trade or skill test ................................ | 13.46 |
3 | Male members who are students at an Officer Cadet Training Unit other than a member referred to in item 4 ................................ | 12.94 |
4 | Male members who are students at an Officer Cadet Training Unit and who have completed a degree course ................................ | 13.98 |
5 | Female members who are students at an Officer Cadet Training Unit, other than a member referred to in item 6 ........................ | 10.35 |
6 | Female members who are students at an Officer Cadet Training Unit and who have completed a degree course.......................... | 11.18 |
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0
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