EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 46
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
DEFENCE FORCE DISCIPLINE REGULATIONS
(AMENDMENT)
The Defence Force Discipline Regulations (“the Regulations”) prescribe various matters for the purposes of the Defence Force Discipline Act, including matters concerning detainees and detention centres.
Previously, regulation 13 enabled an authorized officer to appoint, in respect of each area detention centre or corrective detention centre, one or more officers to be visiting officers.
Regulation 17 formerly prescribed the conditions under which detainees in a detention centre could be reasonably required to perform work. Sub-regulation 17(4) provided that a detainee could not be required to perform work on a Sunday, Christmas Day or Good Friday, other than such work as was necessary for the continued daily operation of the detention centre.
This Statutory Rule amends the Regulations to make mandatory the appointment of visiting officers under regulation 13, and minimise any potentially discriminatory operation of regulation 17.
Regulation 1 of the Statutory Rule substitutes a new regulation 13 requiring the appointment of at least one visiting officer in respect of each area detention centre or corrective detention centre.
Paragraph 2(a) of the Statutory Rule amends sub-regulation 17(4) by omitting “Sunday, Christmas Day or Good Friday” and substituting the term “day of religious observance” to identify days on which a detainee is not required to perform work.
Paragraph 2(b) of the Statutory Rule inserts a new sub-regulation 17(5) which defines “day of religious observance” to mean Christmas Day, Good Friday, or a day recognised as the sabbath by a detainee’s particular denomination. Where, in the case of a particular detainee, no sabbath is applicable, Sunday is the relevant day in relation to that detainee.
Commencement
The amendments come into operation on the date of gazettal of the Statutory Rule.