Defence Force Regulations (Amendment)

Overview

The Defence Force Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister for Defence Science and Personnel, address a specific issue within the Defence Force Regulations, which were originally enacted under the Defence Act 1903. These regulations are designed to govern various aspects of Defence administration. The amendment specifically targets Regulation 63, which deals with the reinstatement of salary and allowances for Defence personnel who return to duty following an unauthorised absence. The regulation previously allowed for the termination of salary and allowance suspension under certain circumstances determined by a service tribunal, even if the tribunal found the member not guilty of the offence but chose not to convict. The policy objective of this amendment is to correct an inconsistency identified in the existing law. The original provision in Regulation 63(2)(e) referenced a scenario where a tribunal could decide not to convict a member of an offence while still terminating the suspension of salary and allowances. However, there was no corresponding provision in the Defence Force Discipline Act 1982 to support such a decision by a tribunal. Consequently, the amendment removes paragraph 63(2)(e) to align the Defence Force Regulations with the actual legal framework provided by the Defence Force Discipline Act 1982. This change ensures that the regulations accurately reflect the legal capabilities and limitations of the service tribunals under the Act.

Scope and Application

The Defence Force Regulations (Amendment) Statutory Rule 1988, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force Regulations to modify the conditions under which salary and allowances suspension for Defence members is terminated upon their return from absence without leave. Specifically, it addresses the circumstances outlined in Regulation 63, particularly the termination of salary and allowances suspension when a service tribunal finds a charge proved but decides not to convict the member of an offence. The amendment removes paragraph 63(2)(e) of the Regulations as there is no corresponding provision in the Defence Force Discipline Act 1982 that allows a tribunal to make such a decision. The amendment applies to all Defence members governed by the Defence Force Regulations and has a direct impact on their employment conditions. The regulations operate under the Commonwealth jurisdiction and are applicable nationwide, affecting all Defence personnel across Australia. The Statutory Rule itself is effective from the date of its gazettal, immediately altering the legal framework governing Defence member conduct and disciplinary proceedings.

Key Provisions

The main operative section of this Statutory Rule, Regulation 63, is amended by omitting paragraph 63(2)(e) of the Defence Force Regulations. This amendment removes the provision that allowed for the suspension of salary and allowances to terminate if a service tribunal found a charge proved but decided not to convict the member of an offence. This change clarifies that such a decision by a tribunal is not permissible under the Defence Force Discipline Act 1982. The Defence Force Regulations impose certain obligations on Defence Force members. These include adhering to the terms of their service, reporting for duty as scheduled, and maintaining conduct that is in line with Defence Force standards. Members are also required to comply with any orders or directions issued by their superiors and to follow the disciplinary processes set out in the Defence Force Discipline Act 1982. The amendment to Regulation 63 ensures that Defence Force members who return to duty after an absence without leave will have their salary and allowances suspended until the disciplinary process is concluded. It clarifies that the suspension does not terminate merely because a tribunal finds a charge proved but decides not to convict the member. This amendment reinforces the disciplinary framework by ensuring that members are held accountable for their actions, and it removes any ambiguity that may have arisen from the previous wording of the regulation. There are no specific offences, penalties, or consequences outlined in this Statutory Rule itself, as it focuses purely on the clarification of existing regulations. However, Defence Force members who fail to report for duty or who are found guilty of absence without leave under the Defence Force Discipline Act 1982 may face disciplinary action, which could include fines, imprisonment, or other penalties as determined by the service tribunal. The Defence Force Discipline Act 1982 provides the framework for these potential consequences, and members are expected to comply with its provisions. The Statutory Rule comes into operation on the date of its gazettal, which means that the amendment to Regulation 63 takes effect immediately upon publication. This ensures that any ambiguity in the previous regulation is promptly addressed, providing clarity for both Defence Force members and administrators.