EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 57
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Sub-regulation 8(1A) of the Defence Force (Reserves) (Financial) Regulations provides that a member’s service in a rank for the purposes of pay shall be actual service completed in that rank.
These Statutory Rules extend sub-regulation 8(1A) to provide that where a member is reduced or reverted to the rank of Corporal, Lance Corporal, Private or equivalent rank he may be paid in respect of service that he has previously served in that rank.
Sub-regulation 8(2) of the Defence Force (Reserves) (Financial) Regulations provides that where a member of the rank of Private attains a certain level of training, proficiency and experience he may be paid as if he were a Lance Corporal.
These Statutory Rules amend sub-regulation 8(2) to provide that all such service as a Private shall be deemed to be service as a Lance Corporal.
The amendments are necessary to permit the introduction of increments of pay for members below the rank of Sergeant and equivalent as recommended by the Committee of Reference for Defence Force Pay in its report on salary structure dated 4 November 1981.
The Committee’s recommendations were approved by the Government on 15 December 1981, effective from 5 November 1981.
Overview
The Statutory Rules 1982 No. 57, issued under the authority of the Minister for Defence, address a specific gap in the Defence Force (Reserves) (Financial) Regulations. Enacted in 1982, these regulations were introduced to amend the financial aspects of the Defence Force Reserves, particularly focusing on pay increments for members below the rank of Sergeant. The problem identified was the lack of provisions for recognising and compensating reservists for their service in lower ranks, which had previously been overlooked. This amendment aims to align the financial recognition of reservists with their actual service and ranks, ensuring that their contributions are appropriately valued. The policy objective is to implement the recommendations of the Committee of Reference for Defence Force Pay, which were approved by the Government and effective from 5 November 1981.
Scope and Application
The Statutory Rules 1982 No. 57, issued under the authority of the Minister for Defence, amend the Defence Force (Reserves) (Financial) Regulations in response to the Defence Amendment Act 1979. These regulations apply to members of the Defence Force Reserves, specifically those in the ranks of Corporal, Lance Corporal, and Private, or their equivalents. The amendments extend the application of sub-regulation 8(1A) to allow for pay to be calculated based on previous service in these ranks when a member is reduced or reverted to them, and modify sub-regulation 8(2) to deem service as a Private to be service as a Lance Corporal for pay purposes. This change is necessitated by the Government's approval of the Committee of Reference for Defence Force Pay's recommendations on salary structure, which introduced increments of pay for members below the rank of Sergeant and equivalent, effective from 5 November 1981. The regulations do not specify any exclusions, exemptions, or thresholds, and their application is limited to the Commonwealth jurisdiction.
Key Provisions
The key operative sections of the Statutory Rules primarily concern amendments to the Defence Force (Reserves) (Financial) Regulations, specifically sub-regulations 8(1A) and 8(2). Sub-regulation 8(1A) has been extended to clarify that members who are reduced or reverted to the ranks of Corporal, Lance Corporal, Private, or equivalent ranks may be compensated for previous service in those ranks. This means that the pay for these members will reflect their prior service, not just their current rank. Sub-regulation 8(2) has been amended to ensure that all service as a Private will be treated as service as a Lance Corporal, thereby allowing for pay increments based on the new provisions.
The amendments impose obligations on the Defence Force to accurately account for and compensate members according to their past service in lower ranks, ensuring that their pay reflects both their current rank and their historical service. This requires the Defence Force to review and potentially adjust pay records to align with these new provisions. Moreover, members must ensure that their service records are up-to-date and reflect any relevant historical service that may impact their pay.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Statutory Rules themselves. However, failure to comply with these regulations could potentially lead to disputes over pay, which might require resolution through administrative or judicial processes. The Defence Force must adhere to these provisions to avoid any claims of unjust pay practices, and members must ensure their service records are accurate to claim their entitled pay. The absence of specific penalties in these rules suggests that any breaches or non-compliance would be addressed under general administrative or legal frameworks applicable to Defence Force regulations.