EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 302
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (“the Regulations”), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force.
Part XV of the Regulations deals with procedures under which members of the Defence Force may seek redress of grievances relating to their service. Regulation 82, which is contained in Part XV, provides for the exclusion of certain decisions and orders from the redress procedures.
Paragraph 82(b) excluded complaints in relation to orders made by a chief of staff under regulation 132A of the Naval Financial Regulations, regulation 294A of the Australian Military Regulations and regulation 515 of the Air Force Regulations. Those regulations, which provided for deductions from the salary of members of the Defence Force where Commonwealth property was lost or damaged through their negligence or misconduct, were repealed by Statutory Rules 1988 Nos. 90, 92 and 93.
Part XIIA of the Audit Act 1901 now applies to members of the Defence Force procedures similar to those formerly provided by the repealed regulations. Section 70AC, contained in Part XIIA, vests the recovery power in the Secretary to the Department of Defence and provides for appeal to the Administrative Appeals Tribunal.
The Statutory Rule substitutes a new paragraph 82(b) to replace the reference to an order under the repealed regulations with a reference to a determination under subsection 70AC(1) of the Audit Act.
The Statutory Rule comes into operation on the date of gazettal.