Statutory Rules 1981 No. 2561
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Defence Force (Reserves) (Financial) Regulations2 (Amendment)
I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated 20 August 1981.
KEVIN NEWMAN
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
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Definitions
1. Regulation 2 of the Defence Force (Reserves) (Financial) Regulations is amended—
(a) by inserting in the definition of “legal officer” in sub-regulation (1) “but does not include an officer who is a Judge of a Federal court or a Judge of a court of a State or Territory” after “Supreme Court of a State or Territory”; and
(b) by omitting paragraphs (a), (b) and (c) from the definition of “reserve service” in sub-regulation (1) and substituting the following paragraphs:
“(a) in respect of which he is entitled to be paid salary under the Defence Force (Salaries) Regulations; or
(b) rendered by a legal officer during a period not forming part of a period of service which he is obliged to render in order to fulfil his training commitment and being a period during which he—
(i) would otherwise be engaged in his private professional capacity, other than as an employee, between the hours of 9 o’clock in the morning and 5 o’clock in the evening on a Monday, Tuesday, Wednesday, Thursday or Friday; or
(ii) while being a member to whom sub-paragraph (i) applies, is performing duties associated with a court martial, court of inquiry, appeal or other tribunal and continues to perform such duties on a Saturday or Sunday or between the hours of 5 o’clock in the evening and 9 o’clock in the morning on a Monday, Tuesday, Wednesday, Thursday or Friday;”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 4 September 1981.
2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 11 and see also Statutory Rules 1981 Nos. 11, 20, 94, 114, 121 and 237.
Overview
The Defence Force (Reserves) (Financial) Regulations 1981, as amended, are an interim legislative instrument issued by the Minister of State for Administrative Services on behalf of the Minister of State for Defence. This regulation aims to clarify and refine the financial entitlements and obligations for reserve service members within the Defence Force, specifically addressing the scope of what constitutes "reserve service" and the definition of a "legal officer". This interim determination was made under section 12 of the Defence Amendment Act 1979, and it seeks to ensure that the financial regulations accurately reflect the current obligations and entitlements of reserve service personnel, particularly in relation to legal officers who may also be required to undertake duties outside their regular service commitments.
Scope and Application
The Interim Determination made under the Defence Amendment Act 1979, as detailed in Statutory Rules 1981 No. 2561, pertains specifically to the Defence Force (Reserves) (Financial) Regulations. It applies to legal officers within the Defence Force reserves who are not federal or state/territory court judges, altering their eligibility for certain financial benefits. The amendment also redefines the scope of "reserve service" to include service rendered by these legal officers during specific hours outside their training obligations, such as private professional activities or court-related duties, even on weekends or outside regular business hours. The application of these regulations is Commonwealth-wide, affecting all legal officers within the reserves across Australia. There are no exclusions or exemptions specified in this particular amendment, but it may be subject to further adjustments through subordinate instruments as per the Defence Force (Reserves) (Financial) Regulations.
Key Provisions
The main operative sections of the Defence Force (Reserves) (Financial) Regulations (Amendment) 1981 involve key amendments to the definitions within the Regulations. Specifically, regulation 2(1) is amended to refine the definition of “legal officer” to exclude Federal, State, and Territory court judges from this term (regulation 2(1)(a)). Additionally, the definition of “reserve service” is updated to include service for which salary is payable under the Defence Force (Salaries) Regulations and to specify the conditions under which a legal officer's service counts as reserve service (regulation 2(1)(b)). These changes aim to clarify the scope of who qualifies as a legal officer and under what circumstances reserve service is recognised.
The amended Regulations impose obligations on parties and entities governed by them, particularly legal officers and members of the Defence Force reserves. Legal officers must now meet the updated criteria to be considered for reserve service, excluding Federal, State, and Territory court judges. Furthermore, the conditions for reserve service are clarified to include only specific professional activities outside of regular employment hours or when performing duties related to military justice processes. These requirements ensure that the definition of reserve service is precise and applicable only to those who meet the specified conditions.
Breaches of the amended Regulations could potentially lead to civil or administrative consequences, although the specific penalties are not detailed within the text provided. The consequences for non-compliance may include disputes over the eligibility of legal officers for reserve service or disputes regarding the recognition of reserve service for financial purposes. These disputes could be resolved through administrative review or judicial processes, depending on the nature and severity of the breach. The precise penalties would depend on the specific breach and the applicable laws or regulations.