Air Force Regulations (Amendment)

Overview

The Air Force Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Defence, were enacted to address the existing gap in the Air Force Regulations regarding the revocation of financial determinations for treatment costs incurred by Air Force members. These regulations, made under the Air Force Act 1923, establish the financial conditions of service for the Air Force. The policy objective of this amendment is to provide a mechanism for the revocation or variation of determinations made under regulation 632A of the Air Force Regulations, which previously only allowed for the initial establishment of such determinations without a corresponding power to revoke them. By amending regulation 632A to specify that determinations be made "by instrument," the Regulations now provide the flexibility to repeal, rescind, revoke, amend, or vary these instruments, thereby addressing the practical issues arising from the inability to revoke determinations where a member could not pursue their claim against another party.

Scope and Application

The Air Force Regulations, which are governed by the Air Force Act 1923, encompass the financial conditions of service for the Air Force, including provisions for medical and dental treatment provided to members of the Defence Force at no cost to them. This arrangement ensures that the health and fitness standards required for Defence Force service are maintained. However, if the necessity for treatment arises from circumstances that grant the member an enforceable claim against another person, such as in the case of a motor vehicle accident, the costs of treatment are recoverable from the member. Regulation 632A of the Regulations allows for a determination to be made, requiring a member to repay the cost of treatment, which amount is then included in their claim. This amendment to regulation 632A grants the power to revoke or vary such determinations, thereby providing a legal mechanism to cancel a member's obligation to repay treatment costs if, for instance, the member does not succeed in their claim or is unable to pursue it. Previously, the only means to cancel such an obligation was for the Commonwealth to waive recovery of the amount under section 70C of the Audit Act 1901. This change is effective from the date of gazettal of the Statutory Rule and applies to the Commonwealth jurisdiction.

Key Provisions

The main operative sections of the Air Force Regulations (Amendment) Statutory Rules 1997 concern the recovery of costs of medical and dental treatment from members of the Defence Force who have an enforceable claim against another person due to the circumstances of the treatment. Specifically, regulation 632A (referenced in the explanatory statement) now allows for the creation of determinations that require the repayment of treatment costs by the member. This amendment provides the flexibility to revoke or vary such determinations, which were previously inflexible. The regulation now states that these determinations are to be made “by instrument”, which means they are subject to the provisions of the Acts Interpretation Act 1901, enabling the revocation, variation, or amendment of these instruments. The obligations imposed by this amendment on the relevant parties are primarily centred around the creation, revocation, or variation of determinations concerning the repayment of treatment costs. For the Defence Force, the amendment means they can now create a determination that is flexible and can be revoked or varied if circumstances change, such as if a member is unable to pursue a claim against another person. The member of the Defence Force, meanwhile, is subject to the terms of the determination made against them. This includes the requirement to repay the costs of treatment if they have an enforceable claim against another person. In terms of consequences for breach, the explanatory statement does not explicitly outline any new offences or penalties created by this amendment. However, the existing framework under which these determinations operate would apply. Any failure to comply with a determination, if it were to be enforced as a legal obligation, could result in civil or administrative consequences, depending on the specific circumstances and applicable law. The amendment itself focuses on procedural changes rather than introducing new penalties. The amendment to regulation 632A of the Air Force Regulations provides a practical solution to an existing procedural issue, ensuring that the recovery of treatment costs from Defence Force members is fair and adaptable to changing circumstances. By enabling the revocation or variation of determinations, the amendment ensures that members are not unfairly burdened if their ability to pursue a claim against another party is compromised. The amendment is effective from the date of its gazettal, ensuring that the new provisions are immediately applicable.