Defence Force (Bounties and Gratuities) Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 268, issued under the authority of the Minister for Defence, amend the Defence Force (Bounties and Gratuities) Regulations to address a gender-based discrepancy in the payment of gratuities to Defence Force members. Enacted under Section 12 of the Defence Amendment Act 1979, these Statutory Rules ensure that female members are no longer disadvantaged by omitting the term "male" from sub-regulations 19(1) and 19(2), which pertain to the advances of gratuities. The policy objective of these amendments is to promote gender equality within the Defence Force by ensuring that both male and female members receive the same benefits for their service. The Statutory Rules will take effect on the date they are gazetted.

Scope and Application

The Defence Force (Bounties and Gratuities) Regulations, amended by these Statutory Rules, apply to all members of the Defence Force, including both male and female personnel, who have completed three or six years of eligible service. The regulations are a component of the Defence Force Remuneration and Conditions of Employment, thus they apply Commonwealth-wide as they are administered by the Department of Defence. The changes introduced by these Statutory Rules aim to eliminate gender discrimination in the provision of gratuities, ensuring that female members are not excluded from the benefits that male members receive after specified periods of service. The regulations do not explicitly state any exclusions or thresholds beyond the eligibility criteria of service duration, and they are enforced through the overarching legislative framework provided by the Defence Amendment Act 1979. The application of these regulations may be further defined or restricted through subordinate instruments issued by the Minister for Defence.

Key Provisions

The main operative sections of these Statutory Rules are sections 12 of the Defence Amendment Act 1979 and sub-regulations 19(1) and 19(2) of the Defence Force (Bounties and Gratuities) Regulations. Section 12 of the Defence Amendment Act 1979 grants the Minister the authority to make interim determinations that amend or repeal regulations, which are then deemed to be Statutory Rules (s 12). The sub-regulations in question, 19(1) and 19(2), originally provided for advances of gratuities to male members of the Defence Force after three and six years of eligible service. These Statutory Rules now amend those sub-regulations to remove any gender-specific language, thereby applying the same benefits to both male and female members of the Defence Force. The obligations and requirements imposed by these Statutory Rules primarily revolve around the equal treatment of Defence Force members, irrespective of gender, in terms of eligibility for gratuity advances. The amendments ensure that both male and female members who have completed three or six years of eligible service can now apply for these gratuities on the same terms. This change aligns with the broader principles of equity and non-discrimination within the Defence Force. In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not explicitly outline these. However, any breach of the Defence Force (Bounties and Gratuities) Regulations, including the amended provisions, could potentially lead to disciplinary action under the Defence Force Discipline Act 1986, or other relevant legislation. The severity of any penalties would depend on the specific nature and context of the breach. The focus of these Statutory Rules is on removing discriminatory practices, rather than imposing new penalties, thus ensuring equitable treatment for all Defence Force members.