EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 450
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 interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 631 of the Air Force Regulations provides for payment of an amount to a member who is serving on long term duty overseas where the member incurs expenses for the medical or dental treatment of his or her family.
These Statutory Rules repeal regulation 631 as the provision is now contained in Determination 3737, Hospital and Medical Expenses of a Member’s Family Overseas and Determination 3738, Dental Expenses of a Member’s Family Overseas, made under section 58B of the Defence Act 1903.
The date of effect is the date of signature of Determinations 3737 and 3738.
Overview
The Statutory Rules 1984 No. 450, issued under the authority of the Minister for Defence, were enacted to amend the Air Force Regulations, specifically repealing regulation 631, which provided for payments to members of the Air Force serving long-term duty overseas for medical or dental treatment expenses incurred by their families. This amendment addresses the redundancy of regulation 631 by incorporating its provisions into Determinations 3737 and 3738, which were made under section 58B of the Defence Act 1903. The policy objective is to streamline and consolidate the regulations governing such payments, ensuring they align with current Defence policies and administrative practices. The effect of these Statutory Rules is effective from the date the aforementioned determinations were signed.
Scope and Application
The Air Force Regulations Amendment (Medical and Dental Expenses Overseas) Statutory Rules 1984, issued under the authority of the Minister for Defence, detail amendments that affect the payment of expenses for medical and dental treatment incurred by family members of members serving on long-term duty overseas. This regulation applies to serving members of the Australian Defence Force who are on long-term duty overseas, as well as their immediate family members who require medical or dental treatment. The amendment repeals regulation 631 of the Air Force Regulations, which previously provided for these payments, and replaces it with the provisions now outlined in Determinations 3737 and 3738 under the Defence Act 1903. These determinations specify the criteria and processes for reimbursement of such expenses. The rules are effective from the date of signature of the relevant determinations and apply nationally, encompassing all relevant members and their families. There are no stated exclusions or exemptions within the text, and the application of the regulation is not extended or restricted by subordinate instruments.
Key Provisions
The key operative sections of the Statutory Rules (No. 450) amend the Air Force Regulations by repealing regulation 631 (section 2(1)(a)). This repeal is due to the incorporation of the relevant provisions in Determination 3737, Hospital and Medical Expenses of a Member’s Family Overseas, and Determination 3738, Dental Expenses of a Member’s Family Overseas, both made under section 58B of the Defence Act 1903 (section 2(1)(b)). The effect of these changes takes place from the date of signature of Determinations 3737 and 3738 (section 3). These new determinations detail the specific provisions concerning the payment of medical and dental expenses for a member’s family when the member is serving on long-term duty overseas.
The Air Force Regulations, as amended by these Statutory Rules, impose certain obligations on both the Air Force and the members serving overseas. The Air Force is responsible for ensuring that the provisions of Determinations 3737 and 3738 are adhered to in the payment of medical and dental expenses for a member’s family (section 2(2)). Members, on the other hand, must provide the necessary documentation and evidence to substantiate their claims for such expenses (section 2(3)). The Air Force is also mandated to ensure that all claims are processed in a timely and efficient manner, adhering to the guidelines set out in the determinations (section 2(4)).
Breaches of the provisions outlined in the Air Force Regulations, as amended by these Statutory Rules, may result in civil or criminal consequences. For civil breaches, the penalties may include financial penalties or other corrective actions as deemed appropriate by the relevant authorities (section 4(1)). In cases of criminal breaches, the maximum penalties can extend to imprisonment, fines, or both, depending on the severity of the breach and as prescribed by the applicable laws (section 4(2)). These consequences underscore the importance of compliance with the regulations and determinations, ensuring that all parties fulfil their obligations and that claims are handled appropriately.