EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 73
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 assessment 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 7 October 1983 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 1984 No. 73, issued under the authority of the Minister for Defence, amends the Air Force Regulations to address the need for updating the education allowance rates for members of the Air Force. Enacted in response to Section 12 of the Defence Amendment Act 1979, which empowers the Minister to amend or repeal regulations, these rules aim to align the allowance rates with those of the Australian Public Service. This amendment ensures that the financial support provided to Air Force members who relocate and continue to educate their children at secondary schools in different localities remains fair and consistent with broader public service standards. The changes are effective from 7 October 1983, with the exception of the updated amount to be paid by the member, which comes into effect upon the gazettal of these Statutory Rules.
Scope and Application
The Air Force Regulations Amendment (Education Allowance) Statutory Rules 1984 pertain to members of the Australian Defence Force, specifically those within the Air Force who are posted from one locality to another within Australia and are responsible for maintaining their child's secondary education in a locality other than the posting. This regulation applies to the conduct of providing financial support for educational continuity of service members' children during relocations. The geographic reach of these regulations is confined to Australia, as they are concerned with educational continuity within the country. The regulations do not explicitly state any exclusions or exemptions; however, they do specify thresholds related to the number of weeks per term spent at school and the prescribed maximum rates of the allowance. These Statutory Rules extend the application of the existing regulations by adjusting the financial contributions and maximum allowance rates to align with those of the Australian Public Service, as permitted by section 12 of the Defence Amendment Act 1979. The amendments come into effect on 7 October 1983, with the increase in the member's contribution taking effect from the date of gazettal of the Statutory Rules.
Key Provisions
The statutory rules under consideration primarily amend sub-regulations (3A) and (3B) of Regulation 634 within the Air Force Regulations (sub-regulations (3A) and (3B)). These amendments relate to the education allowance provided to Air Force members who relocate within Australia and continue to support their child's secondary education in a different locality to prevent educational disruptions. The changes are designed to align the rates of the education allowance with those applicable to the Australian Public Service. This means that both the amount contributed by the member and the maximum allowable rate of the education allowance are being adjusted to reflect updated standards.
The Act imposes several obligations on the affected parties, primarily the Air Force members and the Defence administrative body. Air Force members who qualify for the education allowance must now contribute a higher initial amount from their own funds to cover part of their child's education costs. Additionally, they must ensure that their child remains enrolled in a secondary school in a different locality than the posting to remain eligible for the allowance. The Defence administrative body, on the other hand, is required to assess and approve the allowance payments based on the updated rates, ensuring compliance with the statutory provisions and maintaining accurate records of the allowances paid.
Breach of the provisions within these statutory rules can lead to various consequences. Although specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance could result in administrative penalties or legal actions. For example, if a member fails to meet the payment requirements or provides incorrect information, it could lead to the denial or reduction of the education allowance. In more severe cases, misrepresentation or fraudulent claims could attract criminal charges, with potential penalties including fines or imprisonment, depending on the severity of the breach. However, the exact nature and extent of these penalties would need to be referred to in the primary legislation or further statutory instruments.