Defence Force (Furlough) Regulations (Amendment)

Legislation au C2004L04296 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1981 No. 181

–––––––

Defence Force (Furlough) Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 16 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

––––––––––

Salary of a Member

Regulation 10 of the Defence Force (Furlough) Regulations is amended—

(a) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-regulation (1) and substituting the following sub-paragraphs:

“(ii) the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to have held the temporary or acting rank that he held or would, but for his absence on leave, have held on the day before the prescribed day;

(iii) in the event that a member has held or would, but for his absence on leave or furlough, have held, for periods that were continuous with one another and with the period of furlough, 2 or more temporary or acting ranks, each of which is higher than the member’s substantive rank, the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the


period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to have held one of those temporary or acting ranks; and”;

(b) by omitting at the end of sub-paragraph (i) of paragraph (c) of sub-regulation (4) “and”;

(c) by omitting sub-paragraph (ii) of paragraph (c) of sub-regulation (4) and substituting the following sub-paragraphs:

“(ii) the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties that he was performing or would, but for his absence on leave, have performed on the day before the prescribed day;

(iii) in the event that a member has performed or would, but for his absence on leave or furlough, have performed, for periods that were continuous with one another and with the period of furlough, the duties of 2 or more positions the rank for each of which is higher than the member’s substantive rank, the Chief of Staff has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, part of the period of furlough, the member could, if he were not absent on furlough, reasonably have been expected to perform the duties of one of those positions; and

(iv) the period specified in the certificate referred to in subparagraph (ii) or (iii) is a period that commences on the expiration of the day before the prescribed day or on the expiration of a period specified in a certificate given in accordance with sub-paragraph (ii) or (iii) by the Chief of Staff in respect of another part of the period of furlough of the member; or”;

(d) by omitting from paragraph (a) of sub-regulation (5) “(1) (b) (iii)” wherever occurring and substituting “(4) (c) (iii)”; and

(e) by inserting after sub-regulation (5) the following sub-regulations:

“(5a) Subject to sub-regulation (5b) where—

(a) before the prescribed day a member held an acting or temporary rank for a period (hereinafter called the first-mentioned period) and was entitled to an allowance under a regulation specified in paragraph (d) of sub-regulation (3) for a period (hereinafter called the second-mentioned period); and

(b) the first-mentioned period and the second-mentioned period were continuous with one another and with the period of furlough,

the member shall be deemed, for the purposes of sub-regulations (3), (4) and (5), to have received an allowance under a regulation specified


in sub-regulation (3) during that first-mentioned period at a rate equal to the amount by which the rate of salary payable to that member in respect of that rank exceeded the amount payable to him in respect of his substantive rank.

“(5b) Sub-regulation (5a) does not apply to a member to whom paragraph (b) of sub-regulation (1) or paragraph (b) of sub-regulation (2) applies.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1981.

2. Statutory Rules 1979 No. 21 as amended by 1979 Nos. 256 and 260; 1980 Nos. 93, 147, 303 and 354.

Overview

The Statutory Rules 1981 No. 181, titled "Defence Force (Furlough) Regulations (Amendment)," was enacted to amend the existing Defence Force (Furlough) Regulations to address specific issues related to the salary of members of the Defence Force while on furlough. This legislative instrument was created by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, under section 12 of the Defence Amendment Act 1979. The primary aim of this amendment was to ensure that Defence Force members receive appropriate salary compensation during furlough, particularly when they hold temporary or acting ranks. The policy objective is to provide clarity and fairness in the determination of salary for members who are on furlough and have held or would have held temporary or acting ranks during that period.

Scope and Application

The Defence Force (Furlough) Regulations Amendment pertains to members of the Australian Defence Force who are on furlough, and it affects their salary and allowances during the furlough period. The regulations are applicable to all members of the Defence Force, including those who are on temporary or acting ranks, and they extend to members who have performed duties of positions of higher rank than their substantive rank. The application of the regulations is national in scope, given their foundation under Commonwealth legislation. The regulations are amended to ensure that furloughed members receive appropriate salary and allowances based on their acting or temporary rank during the furlough period, with specific conditions under which these adjustments apply. The regulations also specify certain exclusions, such as members who fall under certain conditions outlined in the amended sub-regulations, which prevent them from being eligible for the adjusted allowances. This amendment allows for a more equitable distribution of salary and allowances during furlough periods, taking into account the acting or temporary positions held by members before their furlough.

Key Provisions

The Defence Force (Furlough) Regulations 1981 (Amendment) (Statutory Rules 1981 No. 181) introduces changes to the Defence Force (Furlough) Regulations regarding the salary of members during furlough. Regulation 10, in particular, has been amended to revise the conditions under which a member may be entitled to certain allowances while on furlough. Specifically, sub-regulation (1)(b) now requires the Chief of Staff to certify in writing that the member could reasonably have been expected to hold a specific rank during the furlough period, if they were not absent. Similarly, sub-regulation (4)(c) mandates certification that the member could reasonably have been expected to perform certain duties during the furlough period. Additionally, new sub-regulations (5a) and (5b) have been inserted to clarify the conditions under which a member is deemed to have received an allowance during a furlough period. Under the amended regulations, the Chief of Staff bears the responsibility of certifying the member's eligibility for certain allowances during furlough. This includes verifying that the member could reasonably have held a temporary or acting rank or performed duties of a higher rank during the furlough period. These certifications are crucial for determining the member's entitlement to specific allowances as outlined in the regulations. The Chief of Staff's role is pivotal in ensuring that the member's furlough conditions align with their expected rank and duties, thereby maintaining the integrity of the allowance provisions. The Defence Force (Furlough) Regulations 1981 (Amendment) imposes specific obligations on the Chief of Staff to certify members' eligibility for allowances during furlough. These obligations include providing written certification that members could reasonably have held a specific rank or performed higher-ranked duties during the furlough period. Such certifications are essential for accurately determining the member's entitlement to allowances. Failure to meet these obligations can result in incorrect allowance payments, leading to potential legal and financial repercussions for both the member and the Defence Force. Breach of the obligations outlined in the Defence Force (Furlough) Regulations 1981 (Amendment) can result in serious consequences. While the specific penalties are not detailed in the legislative instrument, breaches could potentially lead to civil or criminal liability under related legislation. For instance, inaccuracies in allowance certifications could result in improper payments, which might be subject to recovery actions under the Financial Management and Accountability Act 1997. Additionally, failure to comply with certification requirements could be viewed as misconduct under the Defence Force Discipline Act 1982, leading to disciplinary actions against the Chief of Staff and potentially affecting the member's furlough entitlements.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Civil Litigation & Procedure

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.