EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 356
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE AIR FORCE REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 634 of the Air Force Regulations provides for payment of an “education allowance” to a member of the Air Force who is posted from one locality to another in Australia and maintains his child at a secondary school in a locality other than the locality of posting to prevent disruption to the child’s education. The regulation provides for asessment of the allowance based on the number of weeks per term spent at school, the payment by the member of an initial amount of the cost of the education and a maximum prescribed rate of the allowance.
These Statutory Rules amend sub-regulations (3A) and (3B) by increasing the amount paid by the member and the prescribed maximum rates of education allowance to accord with amended rates for the Australian Public Service.
The date of effect is 1 January 1982 except for the increase in the amount to be paid by the member which takes effect from the date of gazettal of the Statutory Rules.
Overview
The Statutory Rules 1982 No. 356, issued under the authority of the Minister for Defence, amends the Air Force Regulations to address discrepancies in the education allowance for Air Force members relocating within Australia. Enacted pursuant to Section 12 of the Defence Amendment Act 1979, these amendments ensure that the education allowance aligns with rates set for the Australian Public Service. This change aims to maintain consistency and fairness in the benefits provided to Air Force members, preventing any disruption to their children's education while ensuring the financial burden of relocation is appropriately shared. The rules came into effect on 1 January 1982, with the exception of the increased payment by the member, which took effect from the date of gazettal of the Statutory Rules.
Scope and Application
The Air Force Regulations, as amended by these Statutory Rules, apply to members of the Australian Air Force who are posted from one locality to another within Australia and are responsible for maintaining their child at a secondary school outside the locality of posting to ensure continuity in the child's education. The specified regulations concern the payment of an "education allowance" to such members, which is subject to assessment based on various factors including the number of weeks per term the child spends at school, the member's contribution towards the initial cost of education, and the prescribed maximum rates of the allowance. These amendments increase the financial burden on members and the prescribed rates to align with those of the Australian Public Service. The rules apply nationally across Australia and are effective from 1 January 1982, with the exception of the increased member payment amount, which takes effect from the date of the gazettal of these Statutory Rules. There are no stated exclusions or exemptions in these regulations, and they are deemed to be Statutory Rules under section 12 of the Defence Amendment Act 1979.
Key Provisions
The statutory rules under consideration primarily amend sub-regulations (3A) and (3B) of the Air Force Regulations concerning the payment of an "education allowance" to Air Force members. This amendment is a result of the Defence Amendment Act 1979, which allows the Minister to modify or repeal regulations, and it is deemed to be Statutory Rules. Specifically, section 634 of the Air Force Regulations, which deals with the education allowance for Air Force members who transfer within Australia while continuing to support their children's secondary education in a different locality, is being updated. The amendment reflects changes to the rates applicable to the Australian Public Service, ensuring that the allowance and the contributions required from the Air Force members are aligned with the updated public service standards.
The obligations under these statutory rules require Air Force members who are eligible for the education allowance to contribute a specified initial amount towards the cost of their child's education. The amount they need to pay is determined based on the number of weeks per term their child attends school, and there is a prescribed maximum rate for the allowance. These contributions and rates have been adjusted to reflect the amended rates for the Australian Public Service. Additionally, the rules necessitate that the Air Force members submit the necessary documentation to verify their child's school attendance and the amount they have paid towards the education costs.
In terms of penalties and consequences for non-compliance, the statutory rules do not explicitly detail specific offences or penalties for breaches. However, failure to adhere to the obligations and requirements set forth in the regulations could potentially result in the denial of the education allowance. Since the rules are issued under the authority of the Minister for Defence, any significant non-compliance might also attract administrative or disciplinary actions within the Air Force, although these are not explicitly detailed in the statutory rules themselves. The rules come into effect on 1 January 1982, with the exception of the increase in the amount to be paid by the member, which takes effect from the date of the gazette of the Statutory Rules.