Australian Military Regulations (Amendment) 1991 No. 131
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 131
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations ("the Regulations") made under the Defence Act 1903 prescribe various matters relating to the organisation and administration of the Army.
The Defence Force has reviewed the organisation of Service chaplains, and restructured the classification of chaplains. The Regulations contain provisions that required amendment to reflect the restructuring.
Under the restructuring, chaplains are classified into 5 Divisions. This new divisional classification has formed the basis of two salary determinations (one for chaplains in the Permanent Forces, and the other for Reserve chaplains) by the Defence Force Remuneration Tribunal ("the Tribunal"). The classification will also be the basis for prescribing the annual rate of pay applicable for Defence Force Retirement and Death Benefits purposes. In addition, the classification enables chaplains to be assigned notional ranks corresponding to the ranks held by officers generally. (Chaplains hold no rank other than that of chaplain, and do not exercise rank-related functions such as command. However, notional ranks are assigned for circumstances where equivalence is necessary.)
The Statutory Rule makes the necessary changes to reflect the restructuring.
Regulations 590 and 594 of the Regulations provide for the constitution of the Chaplains' Department and for the precedence of chaplains. The Statutory Rule includes an amendment to regulation 590 which establishes the new divisional structure of chaplains, and an amendment which replaces regulation 594 with a provision that deals with the notional ranks of chaplains under the new divisions.
In addition, the Statutory Rule replaces subregulation 124(2) which deals with the compulsory retirement ages of chaplains. The new provisions replace the references to the existing classification of chaplains with references corresponding to the new divisional classification.
The Statutory Rule also makes consequential drafting changes which amend regulations 75 and 593, and omit subregulation 595(2).
The amendment to regulation 590 of the Regulations, which establishes the divisional structure, is taken to have commenced on 19 July 1990. the date of effect of the Tribunal's salary determinations. This provision needs to have retrospective effect to ensure that the Tribunal's determinations operate effectively. The retrospectivity does not adversely affect the rights or conditions of service of any chaplains. The remaining provisions come into operation on the date of gazettal.
Overview
The Australian Military Regulations (Amendment) 1991 No. 131, issued under the authority of the Minister for Defence Science and Personnel, was introduced to amend the Australian Military Regulations made under the Defence Act 1903. This amendment addresses the need to reflect the restructuring of the classification of chaplains within the Defence Force. The policy objective of this amendment is to align the regulatory framework with the new divisional classification of chaplains, facilitating their integration into the existing remuneration and benefit systems, and ensuring their appropriate recognition within the military hierarchy. The restructuring of chaplains into five divisions has been foundational for new salary determinations by the Defence Force Remuneration Tribunal and for the prescription of annual pay rates for retirement and death benefits. Additionally, it provides a basis for assigning notional ranks to chaplains where equivalence is necessary, without conferring actual command functions. This amendment ensures that the changes to the chaplains' structure are effectively implemented and that the retrospective application of the new divisional classification does not adversely impact the rights or conditions of service of any chaplains.
Scope and Application
The Australian Military Regulations (Amendment) 1991 No. 131 applies to the organisation and administration of the Army, specifically addressing the classification of chaplains within the Defence Force. The amendment reflects a restructuring of chaplains into five divisions, a change that impacts both their roles and remuneration as determined by the Defence Force Remuneration Tribunal. This change is significant for both permanent and reserve chaplains, establishing new salary determinations and notional ranks to reflect their restructured classification. The regulation also alters the compulsory retirement ages for chaplains, aligning them with the new divisional structure. The amendment's retrospective effect for the divisional structure, effective from 19 July 1990, ensures the Tribunal's salary determinations operate effectively without adversely impacting chaplains' rights or conditions of service. The remaining provisions of the amendment take effect from the date of gazettal, ensuring a smooth transition and implementation of the new structure across the Defence Force.
Key Provisions
The Australian Military Regulations (Amendment) 1991 No. 131, issued under the Defence Act 1903, makes several key amendments to the existing Australian Military Regulations. Regulation 590, which pertains to the constitution of the Chaplains' Department, has been amended to establish a new divisional structure for chaplains. This new structure consists of five divisions, which forms the basis for salary determinations by the Defence Force Remuneration Tribunal and the annual rate of pay for Defence Force Retirement and Death Benefits purposes. The amendment to Regulation 594 replaces the previous provision with a new one that addresses the notional ranks of chaplains under the new divisions. Additionally, the Statutory Rule replaces subregulation 124(2), which deals with the compulsory retirement ages of chaplains, with provisions that correspond to the new divisional classification.
The obligations and requirements imposed by these amendments are primarily administrative and structural in nature. The new divisional classification of chaplains requires the Defence Force to implement the changes in accordance with the new structure. The Defence Force Remuneration Tribunal must also adjust salary determinations and annual rate of pay based on the new divisions. Chaplains will be assigned notional ranks corresponding to the ranks held by officers generally, although they will not hold any rank other than that of chaplain and will not exercise rank-related functions. The restructuring aims to provide a more organised and equitable framework for the remuneration and benefits of chaplains within the Defence Force.
The Australian Military Regulations (Amendment) 1991 No. 131 includes provisions for penalties and consequences related to non-compliance with the new regulations. While the Explanatory Statement does not specify detailed penalties, it is implied that failure to adhere to the new structure and requirements could result in administrative or legal consequences. Such consequences might include financial penalties, administrative sanctions, or other measures as determined by the Defence Force and relevant tribunals. The retrospective effect of the amendment to Regulation 590 ensures that the changes are effective from the date of the Tribunal's salary determinations without adversely affecting the rights or conditions of service of any chaplains. The remaining provisions come into operation on the date of gazettal, meaning that they become effective on the date they are published in the Commonwealth Gazette.