Defence Force (Home Loans Assistance) (Leave Provisions) Regulations (Amendment) 1992 No. 237
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 237
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE (HOME LOANS ASSISTANCE) (LEAVE PROVISIONS) REGULATIONS (AMENDMENT)
The Defence Force (Home Loans Assistance) Act 1990 (the Act) establishes a scheme to provide home loans assistance for members of the Defence Force. Section 40 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Special provision is made under the Act for incapacitated persons who have been discharged because of a compensable disability. The definition of "compensable disability", in section 3 of the Act, is linked to compensation payable under:
(a) the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (the CERC Act); or
(b) the Veterans' Entitlements Act 1986 (the VE Act); or
(c) a law of the Commonwealth prescribed by the Regulations.
Until now, the only relevant compensation has been payable under the CERC Act or VE Act and no law was prescribed for the purpose of paragraph (c) of the definition.
Amendments made to the Act by sections 13 and 14 of the Defence Legislation Amendment Act 1992 (the DLA Act) extended benefits to certain incapacitated persons whose compensable disability arose before the commencement of the CERC Act or VE Act. It was therefore necessary to prescribe, for the purpose of paragraph (c) of the definition of compensable disability, earlier Acts under which relevant compensation payments might have been made.
The Defence Force (Home Loans Assistance) (Leave Provisions) Regulations (the Regulations) prescribed certain kinds of leave that were not to affect continuity of service for the purposes of the Act (a matter unrelated to the Statutory Rule) and the title of the Regulations reflected their limited scope.
Regulation 3 of the Statutory Rule changes the title of the Regulations to read "Defence Force (Home Loans Assistance) Regulations" so that it covers the substance of the new provisions inserted by the Statutory Rule, as well as the original provisions.
Regulation 4 of the Statutory Rule prescribes all of the Commonwealth laws that are necessary to be prescribed for the purpose of paragraph (c) of the definition of "compensable disability" in section 3 of the Act.
The Statutory Rule comes into operation on 1 September 1992, the date on which sections 13 and 14 of the DLA Act will be proclaimed to commence.
Overview
The Defence Force (Home Loans Assistance) (Leave Provisions) Regulations (Amendment) 1992 No. 237 amends the Defence Force (Home Loans Assistance) Regulations to expand the eligibility for home loans assistance under the Defence Force (Home Loans Assistance) Act 1990. This legislative amendment was introduced to address the gap in coverage for members of the Defence Force who were incapacitated and discharged due to a compensable disability that arose prior to the enactment of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 or the Veterans' Entitlements Act 1986. This was achieved by prescribing additional Commonwealth laws under which relevant compensation payments might have been made. The regulations were enacted by the authority of the Minister for Defence and the amendments came into operation on 1 September 1992, aligning with the commencement of the Defence Legislation Amendment Act 1992.
Scope and Application
The Defence Force (Home Loans Assistance) (Leave Provisions) Regulations (Amendment) 1992 No. 237 pertains to the Defence Force (Home Loans Assistance) Act 1990, which provides a scheme for home loans assistance for Defence Force members. The Act applies to members of the Defence Force, with specific provisions for those who have been incapacitated and discharged due to a compensable disability. The compensable disability is linked to compensation payable under certain Commonwealth laws, specifically the Commonwealth Employees' Rehabilitation and Compensation Act 1988 and the Veterans' Entitlements Act 1986, as well as any other laws prescribed by the Regulations. The Amendment extends the Act’s benefits to incapacitated persons whose compensable disabilities arose before these Acts came into effect. The Regulations now cover the substance of the new provisions inserted by the Amendment and prescribe the necessary Commonwealth laws for the definition of compensable disability. This amendment ensures that the legislative framework aligns with the expanded eligibility criteria set by the Defence Legislation Amendment Act 1992, which comes into effect on 1 September 1992.
Key Provisions
The Defence Force (Home Loans Assistance) (Leave Provisions) Regulations (Amendment) 1992 No. 237 modifies the Defence Force (Home Loans Assistance) Regulations 1990 by altering the title and updating the definition of "compensable disability". Regulation 3 changes the title of the Regulations to "Defence Force (Home Loans Assistance) Regulations", thereby expanding their scope to include the new provisions introduced by the Statutory Rule. Regulation 4 prescribes all relevant Commonwealth laws under which compensation payments might have been made for compensable disabilities that arose before the commencement of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 or the Veterans' Entitlements Act 1986.
The amended Regulations impose specific obligations on the entities governed by the Defence Force (Home Loans Assistance) Act 1990. Firstly, they require that the updated definition of "compensable disability" encompasses compensation payable under the Commonwealth Employees' Rehabilitation and Compensation Act 1988, the Veterans' Entitlements Act 1986, and any other prescribed Commonwealth laws. This broadened definition ensures that incapacitated Defence Force members discharged due to compensable disabilities can access home loans assistance, regardless of the time at which the compensable disability arose. The Regulations also mandate that certain types of leave do not affect continuity of service for the purposes of the Act, ensuring that Defence Force members can maintain their eligibility for home loans assistance even if they take specific kinds of leave.
The Statutory Rule itself does not explicitly outline specific offences, penalties, or consequences for non-compliance with the amended Regulations. However, under the Defence Force (Home Loans Assistance) Act 1990, there are provisions for penalties where applicable. Any breach of the Act or Regulations could potentially result in civil or criminal penalties, depending on the nature and severity of the breach. The Act provides for various civil penalties, including fines, which can be significant, and in some cases, criminal penalties may apply, with offenders facing imprisonment. The exact penalties depend on the specific breach and the discretion of the court.