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of the Defence Force where Commonwealth property was lost or damaged through their negligence or misconduct, were repealed by Statutory Rules 1988 Nos. 90, 92 and 93.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of the Audit Act 1901 now applies to members of the Defence Force procedures similar to those formerly provided by the repealed regulations.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The Statutory Rule substitutes a new paragraph 82(b) to replace the reference to an order under the repealed regulations with a reference to a determination under subsection 70AC(1) of the Audit Act.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.
Overview
The Defence Force Regulations (Amendment) Statutory Rules 1989 No. 302 were enacted to address a legislative gap arising from the repeal of certain regulations governing deductions from the salary of Defence Force members for negligence or misconduct. This amendment was issued under the authority of the Minister for Defence Science and Personnel. The original regulations, which had been made under the Defence Act 1903, provided specific procedures for addressing grievances related to service, including exclusions of certain decisions from redress procedures. However, with the repeal of these regulations, it became necessary to update the Defence Force Regulations to ensure continuity in the redress mechanisms for Defence Force members. The policy objective of this amendment is to align the Regulations with the current legislative framework, ensuring that the redress procedures remain effective and consistent with the provisions of the Audit Act 1901, which now governs the recovery of salary deductions for negligence or misconduct among Defence Force members.
Scope and Application
The Statutory Rule 1989 No. 302, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force Regulations to adjust the scope of complaints that members of the Defence Force can lodge for redress of grievances. Specifically, the amendment replaces the exclusion criteria in Regulation 82(b) of Part XV, which previously excluded complaints regarding salary deductions for negligence or misconduct leading to loss or damage of Commonwealth property, as per now-repealed regulations. This exclusion is updated to reflect the current framework under Part XIIA of the Audit Act 1901, where Section 70AC now governs the recovery of such deductions and provides for appeal mechanisms. The amendment thus ensures that the redress procedures remain aligned with current legislative provisions, applying to all members of the Defence Force and coming into effect immediately upon gazette.
Key Provisions
The Defence Force Regulations (Amendment) Statutory Rule 1989 No. 302, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force Regulations to update the procedures for seeking redress of grievances related to service. Specifically, Regulation 82 in Part XV of the Regulations, which pertains to the exclusion of certain decisions and orders from the redress procedures, is revised. The amendment addresses the exclusion of complaints in relation to orders that were previously made by a chief of staff under certain regulations that have since been repealed (regulations 132A of the Naval Financial Regulations, 294A of the Australian Military Regulations, and 515 of the Air Force Regulations). These repealed regulations previously allowed for salary deductions from members of the Defence Force when Commonwealth property was lost or damaged through their negligence or misconduct.
Under the amended Regulation 82, the exclusion now pertains to a determination made under subsection 70AC(1) of the Audit Act 1901. This change aligns with the current legislative framework, ensuring that the Defence Force members' grievances are handled in accordance with the updated provisions of the Audit Act. The Audit Act now applies to members of the Defence Force, providing procedures similar to those formerly governed by the repealed regulations. Section 70AC of the Audit Act vests the recovery power in the Secretary to the Department of Defence and allows for an appeal to the Administrative Appeals Tribunal.
Failure to comply with the requirements set forth in the Defence Force Regulations, including the updated provisions in Regulation 82, may result in civil or criminal consequences. Although the Statutory Rule does not specify penalties, breaches of the Defence Force Regulations could lead to disciplinary action, fines, or other legal repercussions depending on the severity of the offence and the relevant provisions of the Defence Act 1903. The Statutory Rule comes into effect on the date of gazettal, ensuring that the updated procedures are implemented promptly.