Cadet Forces Regulations (Amendment)

Overview

The Cadet Forces Regulations Amendment (Compensation for Loss of, or Damage to, Clothing or Personal Effects) Statutory Rules 1984, issued by the authority of the Minister for Defence, were enacted to address the need for updated regulations governing compensation for Cadet Forces members who suffer loss or damage to their clothing or personal effects due to their service. This amendment arises from Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations to amend or repeal regulations, with these interim determinations deemed to be Statutory Rules. The previous Regulations 16 and 17 of the Cadet Forces Regulations, which provided the framework for such compensation, are being repealed and replaced by Determination 2802, made under Section 58B of the Defence Act 1903. The policy objective of these Statutory Rules is to streamline and modernise the compensation process for Cadet Forces members, ensuring it remains relevant and effective in addressing contemporary issues.

Scope and Application

The Statutory Rules issued under the authority of the Minister for Defence, amending the Cadet Forces Regulations, pertain to the compensation for loss of, or damage to, clothing or personal effects of members of the Cadet Forces. This amendment applies to all members of the Cadet Forces who suffer such losses or damages attributable to their service. Geographically, the application of these rules is confined to Australia, as they pertain to regulations under the Australian Defence Act and are part of the broader Defence framework. These Statutory Rules serve to repeal the existing Regulations 16 and 17, which are superseded by the new Determination 2802. The new determination specifies the terms and conditions under which compensation is to be provided, and this supersedes the previous regulatory framework. The rules come into effect from the date Determination 2802 is signed, and no explicit exclusions or exemptions are mentioned in the explanatory statement, indicating that the new determination likely outlines specific eligibility criteria and procedures for compensation claims. The amendment process itself is authorised under Section 12 of the Defence Amendment Act 1979, with these interim determinations deemed to be Statutory Rules.

Key Provisions

The main operative sections of this Statutory Rule are section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations, and the determinations themselves, which are deemed to be Statutory Rules (s. 12). The specific regulations being repealed are Regulations 16 and 17 of the Cadet Forces Regulations, which pertain to the payment of compensation for loss of, or damage to, clothing or personal effects of a member of the Cadet Forces due to service (s. 16, s. 17). These regulations are being replaced by Determination 2802, Compensation for Loss of, or Damage to, Clothing or Personal Effects, made under section 58B of the Defence Act 1903. The effective date of this change is the date on which Determination 2802 is signed. The Act imposes obligations on the relevant parties, primarily ensuring that the new compensation framework under Determination 2802 is adhered to for any claims made by members of the Cadet Forces for loss of, or damage to, their clothing or personal effects attributable to service. This includes the requirement for the Cadet Forces to process and assess claims according to the provisions outlined in Determination 2802. The Defence Force, in turn, must ensure that the new procedures are implemented and that any relevant documentation or evidence is correctly handled in accordance with the new determination. Failure to comply with the provisions of the new Determination 2802 could lead to various consequences. While the Statutory Rules themselves do not specify offences or penalties, breaches of the Defence Act 1903 or related regulations could result in civil or criminal actions. For example, if the Defence Force fails to process a legitimate claim correctly, it could lead to a civil claim for compensation. Additionally, if there is wilful misconduct or neglect in handling such claims, it could result in disciplinary actions or even criminal charges under relevant sections of the Defence Act or other applicable laws. The specific penalties would depend on the nature and severity of the breach, but they could include fines or imprisonment where applicable.