Defence Force Regulations (Amendment) 1996 No. 177
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 177
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Defence Force Regulations (Amendment)
The Defence Force Regulations (the Principal Regulations), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force.
The Naval Financial Regulations (made under the Naval Defence Act 1910), the Military Financial Regulations, made under the Defence Act, and corresponding provisions of the Air Force Regulations, made under the Air Force Act 1923, had the primary purpose of providing for the financial conditions of service for members of the Army, Navy and Air Force. While the majority of these single service financial provisions are largely obsolete, the following two subject areas remain current:
a. the provision of married quarters, including the recovery of costs; and
b. medical and dental treatment and the recovery of costs in certain circumstances.
As it is more appropriate for these conditions of service to be dealt with under common tri-service provisions, the Statutory Rule amends the Principal Regulations by inserting provisions dealing with married quarters (regulations 58A, 58B, 58C and 58D) and provisions dealing with medical and dental treatment (regulations 58E, 58F, 58G and Schedule 2). The new provisions are based on the former single service financial provisions which have been repealed.
The power to determine whether or not medical costs should be recovered was exercised under the Naval Financial Regulations, Military Financial Regulations and Air Force Regulations by members of the Defence Force of the rank of Colonel (or equivalent) or a higher rank. This level of delegation is necessary due to administrative requirements. Under Regulation 3A of the Principal Regulations, the Minister could only delegate his power to members of the Defence Force who held the rank of Brigadier (or equivalent) or a higher rank, or to members of the Public Service at the corresponding levels. To allow the existing level of delegation to continue, the Statutory Rule inserts a new Regulation 3A(2) in the Principal Regulations to also enable the Minister to delegate his or her power to determine whether or not medical costs should be recovered to members of the Defence Force of the rank of Colonel (or equivalent), and to members of the Public Service at the corresponding levels. The Statutory Rule also amends Regulation 3A(1) of the Principal Regulations to modernise the references to members of the Public Service.
As a result of changes in the command and management roles of members holding the rank of Flight Sergeant (Air Force) and Lance Corporal (Army), the Statutory Rule amends Regulation 8 of the Principal Regulations to place those ranks in their correct position in relation to ranks in the other Services.
The Statutory Rule also makes various drafting changes to the Principal Regulations including correcting an outdated reference to the Safety Rehabilitation and Compensation Act 1988 in paragraph 72(A)(b) of the Principal Regulations.
With the exception of two provisions, the Statutory Rule commences on 1 December 1996, The exceptions relate to the amendment to Regulation 8 (rank alignment) and the amendment to paragraph 72A(b) (corrected reference) of the Principal Regulations. These provisions come into operation on the date of gazettal.
Overview
The Defence Force Regulations (Amendment) 1996 No. 177, issued under the authority of the Minister for Defence Industry, Science and Personnel, amends the Defence Force Regulations made under the Defence Act 1903. This amendment addresses the outdated and fragmented financial provisions for members of the Army, Navy and Air Force by consolidating them into common tri-service regulations. This change aims to streamline the administration and application of financial conditions of service, particularly in the areas of married quarters and medical and dental treatment, which were previously governed by separate, single-service regulations. The policy objective is to ensure consistency and efficiency in the administration of these financial conditions across the Defence Force.
The amendment introduces new regulations for married quarters and medical and dental treatment into the Principal Regulations, based on the former single-service financial provisions. Additionally, it modernises the delegation of powers concerning the recovery of medical costs and corrects rank alignments and outdated references within the regulations. The majority of the changes commence on 1 December 1996, with specific provisions for rank alignment and a corrected reference taking effect upon gazettal. This legislative update aims to harmonise and streamline the financial administration of Defence Force members under a unified regulatory framework.
Scope and Application
The Defence Force Regulations (Amendment) 1996 No. 177 applies to the Defence Force, including members of the Army, Navy, and Air Force, and pertains to various administrative and financial matters within the Defence Force, including married quarters and medical and dental treatment. The amendment seeks to modernise and streamline the regulations by consolidating tri-service provisions that were previously scattered across different acts and regulations. It applies to persons within the Defence Force and the Public Service who hold certain ranks, specifically those who can be delegated the power to determine the recovery of medical costs, such as Colonels (or equivalent) or higher. The regulations also address the alignment of ranks across the services to reflect current command and management structures. The amendment has a national reach, applying across Australia as it is based on Commonwealth legislation. Certain provisions, such as those concerning rank alignment and a corrected reference, commence on the date of gazettal, while other provisions start on 1 December 1996. Subordinate instruments may further extend or specify the application of these regulations.
Key Provisions
The Defence Force Regulations (Amendment) 1996 No. 177 introduces several amendments to the Defence Force Regulations, which are made under the Defence Act 1903. These amendments primarily address the financial conditions of service for members of the Army, Navy and Air Force, particularly regarding married quarters and medical and dental treatment. The new provisions introduced by this Statutory Rule (regulations 58A, 58B, 58C, 58D, 58E, 58F, and 58G) are based on the former single service financial provisions, which have been repealed. Additionally, the amendment corrects an outdated reference in the Principal Regulations and adjusts the rank alignment to better reflect the current command and management roles within the Defence Force.
The Statutory Rule imposes several obligations and requirements on the parties it governs. Firstly, it mandates the implementation of tri-service provisions for married quarters and medical and dental treatment, ensuring consistency across the Army, Navy, and Air Force. Furthermore, it updates the delegation of authority for determining whether or not medical costs should be recovered, allowing the Minister to delegate this power to members of the Defence Force of the rank of Colonel (or equivalent) or higher, and to members of the Public Service at the corresponding levels. This change is necessary to maintain the existing level of delegation, as the previous regulation only permitted delegation to members of the Defence Force who held the rank of Brigadier (or equivalent) or higher, or to members of the Public Service at the corresponding levels.
Breach of the Defence Force Regulations, as amended by the Statutory Rule, may lead to various civil and criminal consequences. While the Statutory Rule itself does not specify maximum penalties, breaches of the Defence Force Regulations can result in disciplinary action against members of the Defence Force, as well as potential legal action against individuals or entities involved in non-compliance. The Defence Force Regulations are subject to the Defence Act 1903, which includes provisions for the imposition of penalties and sanctions for breaches of the regulations. These penalties may include fines, imprisonment, or other sanctions as determined by the relevant authorities. It is essential for parties governed by the Defence Force Regulations to adhere to the provisions and requirements set forth in the amended regulations to avoid any potential consequences.