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.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1990 No. 288, issued under the authority of the Minister for Defence Science and Personnel, amend the Air Force Regulations made under the Air Force Act 1923 to address inconsistencies and gaps in the entitlement of Defence Force members to medical treatment. The primary objective of these amendments is to clarify and standardise the entitlements to medical and dental treatment for Air Force members, ensuring that they receive the care necessary to maintain their health for the effective performance of their duties. The regulations standardise the definitions used in the Air Force Regulations to eliminate ambiguity and ensure uniform application across the Army, Navy, and Air Force. This amendment comes into effect on the date of its gazette.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rule 1990 No. 288, issued under the authority of the Minister for Defence Science and Personnel, amends the existing Air Force Regulations made under the Air Force Act 1923. This amendment pertains to the entitlement of members of the Defence Force, including those in the Air Force, to medical treatment. It addresses the previous inadequacy of the regulations in specifying the standard of health care to which members are entitled, replacing the vague subregulation 617(1) which stated that members are entitled to treatment necessary to restore them to normal health, with more precise provisions. The amendment ensures that members receive treatment to maintain the optimal health required for their duties, subject to the conditions set by the Minister considering factors such as available facilities, the member's role, and operational requirements. Additionally, the amendment standardises definitions used across the Air Force Regulations, Military Financial Regulations, and Naval Financial Regulations to eliminate ambiguity and ensure consistent coverage for members, including those on continuous full-time service. The rule repeals redundant regulations concerning spectacles and dental treatment, which are now adequately addressed by the new standardised provisions. This amendment applies to all members of the Air Force, including Reserve members, and comes into effect on the date of gazettal.
Key Provisions
The Air Force Regulations (Amendment) Statutory Rule 1990 No. 288 amends the Air Force Regulations made under the Air Force Act 1923, introducing standardised provisions for the entitlement of members to medical and dental treatment. Regulation 616 is amended, and regulation 617 is replaced to clarify that members are entitled to medical and dental treatment required to maintain their health for duty purposes, subject to conditions set by the Minister (regulation 616(1)). This standardised approach ensures that the health care provided aligns with the high standards necessary for the effective performance of military duties, and covers all members of the Air Force, including those on continuous full-time service (regulation 616(2)). The amendment also standardises definitions used in the Air Force Regulations to avoid previous uncertainties and ensure comprehensive coverage of treatment-related matters (regulation 616(3)).
The obligations under these amended regulations require the Minister to determine the conditions under which medical and dental treatment will be provided to Air Force members, considering factors such as available facilities, the member's role, and operational requirements (regulation 616(1)). The new provisions mandate that treatment must be sufficient to maintain the member's health for the effective execution of their duties. In addition, the Air Force must ensure that these standardised definitions are applied consistently across all treatment-related matters to avoid ambiguity and ensure all members, including reservists on continuous full-time service, are covered (regulation 616(3)). The repeal of regulations 617A and 630 removes any previous discrepancies by incorporating the provision of spectacles and dental treatment within the new standardised framework (regulation 616(4)).
Failure to comply with the provisions of the amended Air Force Regulations could result in legal consequences for the parties involved. While specific offences and penalties are not detailed in the Statutory Rule, breaches of regulations could lead to civil or administrative actions, depending on the nature and severity of the breach. The penalties for such breaches could range from fines to more severe administrative sanctions, depending on the specific circumstances and the extent to which the regulations are violated. It is important for all parties, including Air Force members and the Defence Force, to adhere to these standardised provisions to avoid any potential legal repercussions.