EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 288
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations made under the Air Force Act 1923 prescribe various matters relating to the organisation and administration of the Air Force.
Regulations 616, 617, 617A and 630 of the Air Force Regulations, together with regulations 259 and 260 of the Military Financial Regulations and regulation 2kk of the Naval Financial Regulations prescribed the entitlement of members of the Defence Force to medical treatment.
These provisions did not adequately indicate the level of health care to which a member is entitled. Subregulation 617(1) of the Air Force Regulations provided that a member is entitled to such treatment as is required to restore the member, so far as possible, to normal health. This was inappropriate given the optimal standard of health that is required from members of the Defence Force for the proper performance of their duties. Regulation 260 of the Military Financial Regulations and subregulation 244(1) of the Naval Financial Regulations only dealt with this matter indirectly by providing that treatment of such nature and in such cases as the Minister approves should be provided to members.
In addition, there was a lack of uniformity in the definitions used in the Regulations which led to uncertainty about the matters intended to be covered.
Parallel amendments to the Military Financial Regulations, Naval Financial Regulations and Air Force Regulations have replaced the defective provisions with standardised provisions for the Army, Navy and Air Force.
This Statutory Rule implements the standardised provisions for the Air Force by amending regulation 616 and replacing regulation 617 of the Air Force Regulations.
The Statutory Rule clarifies the Air Force Regulations by inserting standardised provisions for a member of the Air Force to receive such medical and dental treatment, at the expense of the Commonwealth, as is required to keep the member healthy for the purpose of discharging his or her duties. This entitlement is subject to such conditions as the Minister determines having regard to the facilities available under the circumstances (including the place where the member is serving), the role of the member and the operational requirements of the Defence Force.
The Statutory Rule also standardises the definitions used in the Air Force Regulations to ensure a full and consistent coverage of treatment and associated matters, and to give coverage to members of the Air Force, including Reserve members, on continuous full time service.
The Statutory Rule also repeals regulations 617A and 630, which are unnecessary as the matters they over (provision of spectacles and dental treatment) are covered by the new provisions.
The Statutory Rule comes into operation on the date of gazettal.