EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 218
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
SCIENCE AND PERSONNEL
DEFENCE FORCE DISCIPLINE REGULATIONS
(AMENDMENT)
The Defence Force Discipline Regulations (“the Regulations”) made under the Defence Force Discipline Act 1982 (“the Act”) prescribe various matters relating to convicted members, including the calculation of a convicted member’s daily rate of pay.
A convicted member’s daily rate of pay is relevant in establishing such matters as the maximum amount of a fine or reparation order that should apply to the member. Paragraph 3(9)(a) of the Act provides that this daily rate of pay should be ascertained in accordance with the Regulations. Subsection 3(10) of the Act, as amended by the Defence Legislation Amendment Act (No. 2) 1988, enables regulations made for the purposes of paragraph 3(9)(a) to provide that a convicted member’s daily rate of pay may be ascertained by reference to determinations made under sections 58B and 58H of the Defence Act 1903. (Section 58B empowers the Minister for Defence to make determinations on Defence Force conditions of service, and section 58H empowers the Defence Force Remuneration Tribunal to make such determinations.)
Regulation 31 of the Regulations provided that a convicted member’s daily rate of pay was to be taken as the rate of pay applicable to the member in the relevant determination made under section 58B of the Defence Act 1903.
The Statutory Rule amends regulation 31 so that determinations made under both section 58B and section 58H of the Defence Act can be taken into account in calculating the daily rate of pay.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force Discipline Regulations (Amendment) Statutory Rules 1989 No. 218, issued by the authority of the Minister for Defence Science and Personnel, amend the Defence Force Discipline Regulations made under the Defence Force Discipline Act 1982. The primary aim of this amendment is to address the calculation of a convicted member's daily rate of pay, which is crucial for determining the maximum amount of fines or reparation orders applicable to the member. The policy objective is to ensure that the daily rate of pay reflects the most recent determinations made under both sections 58B and 58H of the Defence Act 1903, thereby aligning the Regulations with current Defence Force conditions of service and remuneration decisions. This amendment was enacted to provide a more accurate and up-to-date basis for calculating the daily rate of pay for convicted members within the Defence Force.
Scope and Application
The Defence Force Discipline Regulations, amended by the Statutory Rules 1989 No. 218, apply to all members of the Australian Defence Force who have been convicted of a disciplinary offence under the Defence Force Discipline Act 1982. This legislation sets out the procedures and penalties relevant to the disciplinary management of Defence Force personnel, including the calculation of a convicted member's daily rate of pay, which is crucial in determining the maximum fines or reparation orders that can be imposed. The scope of the Act extends to all members of the Australian Defence Force, and the regulations apply on a national level, covering all states and territories within Australia. The amendments enable the daily rate of pay for convicted members to be ascertained by reference to determinations made under sections 58B and 58H of the Defence Act 1903, which empower both the Minister for Defence and the Defence Force Remuneration Tribunal to make decisions regarding Defence Force conditions of service and remuneration. The Statutory Rule, which comes into effect on the date of gazettal, extends the application of these determinations to include those made under section 58H, thereby providing a more comprehensive basis for calculating the daily rate of pay.
Key Provisions
The Statutory Rule, which amends the Defence Force Discipline Regulations, introduces changes to the way a convicted member’s daily rate of pay is calculated. Specifically, Regulation 31 is amended to allow for the daily rate of pay to be determined by reference to determinations made under both section 58B and section 58H of the Defence Act 1903. Previously, Regulation 31 only permitted the use of determinations under section 58B, but the amendment expands this to include determinations made under section 58H as well. This change is significant because it provides greater flexibility in calculating the daily rate of pay, which is crucial for determining the maximum amount of fines or reparation orders applicable to the member (section 3(9)(a) of the Defence Force Discipline Act 1982).
The obligation imposed by this amendment on the relevant authorities, such as the Defence Force Remuneration Tribunal and the Minister for Defence, is to ensure that the daily rate of pay is accurately calculated using the appropriate determinations. This means they must consider any relevant determinations made under both section 58B and section 58H of the Defence Act 1903 when ascertaining the daily rate of pay for a convicted member. This requirement ensures that the daily rate of pay reflects the most accurate and current conditions of service, thereby upholding the fairness and integrity of any disciplinary actions taken against the member.
Failure to comply with the amended Regulation 31 may lead to significant consequences. Although the Statutory Rule itself does not explicitly detail penalties or consequences for non-compliance, the Defence Force Discipline Act 1982 provides a framework for disciplinary action and potential penalties for breaches of the Act. For instance, if the miscalculation of a convicted member’s daily rate of pay results in an incorrect fine or reparation order, it could lead to civil or criminal liabilities for the authorities involved. In the context of the Defence Force, such errors could also result in administrative penalties or disciplinary actions against those responsible for the miscalculation. The precise nature and extent of these penalties would depend on the specific circumstances and the findings of any subsequent investigations or reviews.