EXPLANATORY STATEMENT
Statutory Rules 1988 No 321
Defence Force Regulations (Amendment)
(Issued with the authority of the Minister for Industrial Relations)
Section 124 of the Defence Act 1903 provides that the Governor-General to make regulations prescribing all matters which are permitted to be prescribed to carry out or to give effect to the Act.
Section 58B of the Defence Act 1903 provides that the Minister for Industrial Relations may determine the remuneration, allowances and other benefits for members of the Defence Force, for cadets, and also for the families of both groups in appropriate circumstances.
Section 58E of the Defence Act 1903 provides that the regulations may provide for the delegation of the Minister’s determination making power under section 58B.
In order to speed up the determination process, and to eliminate the need for numerous minor matters to receive the Minister’s consideration it is proposed to delegate the determination making power.
New Part XIIIA, Regulation 72A has been inserted in the Defence Force Regulations. New regulation 72A will enable the Minister to delegate, to a Secretary or other SES officer, the power under subsection 58B(1) of the Act to make determinations in relation to various matters specified in that subsection concerning remuneration and other conditions of service.
Overview
The Statutory Rules 1988 No 321, specifically the Defence Force Regulations (Amendment), was enacted to address the need for efficiency in the determination process concerning the remuneration, allowances, and other benefits for members of the Defence Force, cadets, and their families. This legislation was introduced under the authority of the Minister for Industrial Relations, as provided for in section 124 of the Defence Act 1903, which empowers the Governor-General to make regulations to carry out or give effect to the Act. The policy objective is to streamline the determination process by delegating the Minister’s power to a Secretary or other Senior Executive Service (SES) officer, thereby reducing the administrative burden on the Minister and allowing for more efficient handling of minor matters as outlined in section 58B of the Defence Act 1903. This amendment aims to enhance the operational effectiveness of the Defence Force by ensuring timely and appropriate remuneration and benefits for Defence personnel and their families.
Scope and Application
The Defence Force Regulations (Amendment) Statutory Rules 1988 No 321 apply to members of the Defence Force, their families, and cadets, focusing on the determination of their remuneration, allowances, and other benefits. This legislation is a Commonwealth regulation, falling under the purview of the Defence Act 1903. The amendment allows the Minister for Industrial Relations to delegate the power to make determinations concerning remuneration and other conditions of service to a Secretary or other Senior Executive Service (SES) officer, thereby streamlining the process and reducing the burden on the Minister for minor issues. This delegation is specified in the newly inserted Part XIIIA, Regulation 72A of the Defence Force Regulations. The regulation ensures that the determination-making power is exercised efficiently while adhering to the legislative framework provided by the Defence Act 1903.
Key Provisions
The Statutory Rules 1988 No 321, Defence Force Regulations (Amendment), introduce significant changes to the Defence Force Regulations by inserting a new Part XIIIA and Regulation 72A. This amendment is made under the authority of the Minister for Industrial Relations and is designed to streamline the process of determining remuneration, allowances, and other benefits for Defence Force members, cadets, and their families (Section 58B). Regulation 72A specifically enables the Minister to delegate their determination-making power to a Secretary or other Senior Executive Service (SES) officer (Regulation 72A). This delegation is intended to expedite the determination process and reduce the burden on the Minister for minor issues.
Under the new provisions, the Minister can delegate their authority to a designated Secretary or SES officer to make determinations concerning various matters related to remuneration and other conditions of service as specified in subsection 58B(1) of the Defence Act 1903 (Regulation 72A). This delegation is aimed at ensuring that minor and routine determinations are handled efficiently without requiring direct ministerial intervention. The delegation allows for a more streamlined approach to managing the remuneration and benefits for Defence Force members and cadets, thereby enhancing operational efficiency.
The obligations imposed by these regulations require the Minister to establish clear delegation protocols to ensure that the delegated authority is exercised appropriately. The designated Secretary or SES officer must adhere to the guidelines and criteria set forth by the Minister, ensuring that all determinations are made in accordance with the Defence Act 1903. The regulations mandate that the delegation must be documented and that any decisions made by the delegated officer must be consistent with the overarching objectives of the Defence Act.
Breaches of these regulations may result in serious consequences, including both civil and criminal penalties. The specific penalties are not detailed in the Explanatory Statement, but under Australian law, breaches of statutory regulations can lead to fines, imprisonment, or both, depending on the severity and nature of the violation. The exact penalties would be determined in accordance with the relevant provisions of the Defence Act 1903 and any other applicable legislation. The introduction of these amendments seeks to ensure that the process of determining remuneration and benefits for Defence Force members is both efficient and compliant with legal standards.