Statutory Rules
1980 No. 94
REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this first day of May 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
Amendment of the Defence Force (Reserves) (Financial) Regulations2
The Defence Force (Reserves) (Financial) Regulations are amended by inserting after regulation 5 the following regulation:
Payment of supplementary amount
“5A. (1) In this regulation, unless the contrary intention appears —
‘member’, in relation to a training year, means a member who has a training commitment —
(a) during the whole of that training year; or
(b) in the case of a person who is not a member during the whole of a training year — for the part of that training year during which he is a member;
‘training year’ means a period of 12 months that commenced on 1 July 1979 or commences on 1 July in any subsequent year.
“(2) Where —
(a) a member has rendered reserve service, in a training year, in respect of which he is not entitled to be paid under regulation 5 by reason of a determination referred to in sub-regulation 277 (2) of the Naval Financial Regulations, sub-regulation 193 (4) or paragraph 193 (5) (a) of the Military Financial Regulations, or sub-regulation 646 (4) of the Air Force Regulations; and
(b) had the member been entitled to be paid under regulation 5 in respect of that reserve service, he would have been entitled to be paid for one or more days of that reserve service at a rate or rates exceeding the rate or rates at which he is entitled to be paid under that regulation for one or more days of his reserve service in that training year,
he is entitled to be paid a supplementary amount in respect of that training year calculated in accordance with the formula —
A – B
where —
A is the total amount the member, had he been entitled to be paid under regulation 5 in respect of his reserve service on the days referred to in paragraph (b) in respect of which he is not entitled to be paid under that regulation that are equal in number to the days of his reserve service referred to in that paragraph in respect of which he is entitled to be paid under that regulation, would have been entitled to be paid under that regulation in respect of his reserve service on those days, being a total amount that is not less than the total amount he would have been entitled to be paid under that regulation in respect of his reserve service on any other of those days of equal number; and
B is the total amount the member is entitled to be paid under regulation 5 in respect of his reserve service on the days referred to in paragraph (b) in respect of which he is entitled to be paid under that regulation that are equal in number to the days referred to in the definition of A and in respect of which he is entitled to be paid under that regulation a total amount that is not greater than the total amount he is entitled to be paid under that regulation in respect of any other days of equal number referred to in that paragraph.”.
1. Notified in the Commonwealth of Australia Gazette on 9 May 1980.
2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 10 and see also Statutory Rules 1980 Nos. 10, 24, 44 and 83.
Overview
Statutory Rules 1980 No. 94, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, was enacted to address gaps in financial provisions for reservists within the Australian Defence Force. This regulation was made by the Governor-General, acting on the advice of the Federal Executive Council. The policy objective of this legislation is to ensure that reservists who are ineligible for certain payments under existing regulations receive a supplementary amount that reflects the higher rates they would have been entitled to if they were eligible. This adjustment aims to provide a fair compensation for reservists who serve under conditions that would otherwise disqualify them from certain payments.
Scope and Application
The Defence Force (Reserves) (Financial) Regulations are subject to amendments under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. These regulations apply to members of the defence forces who have rendered reserve service in a training year, which is defined as a period of 12 months starting on 1 July 1979 or any subsequent 1 July. Specifically, the amendment introduces a supplementary payment for members who, despite having completed reserve service, are not entitled to be paid under certain conditions stipulated in the Naval Financial Regulations, Military Financial Regulations, or Air Force Regulations. The supplementary amount is calculated based on the difference between what the member would have earned had they been paid at a higher rate for specific days of service and what they are actually entitled to be paid. The regulation aims to provide additional compensation for members who serve under circumstances where their pay rate is lower than what they would have earned if certain conditions were met.
Key Provisions
The Statutory Rules 1980 No. 94, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, introduce an amendment to the Defence Force (Reserves) (Financial) Regulations. This amendment, inserted after regulation 5, pertains to the payment of a supplementary amount to members who have rendered reserve service in a training year. Regulation 5A (1) defines key terms such as 'member' and 'training year'. The term 'member' refers to individuals with a training commitment for the entirety of the training year or for the portion of the year they are a member. A 'training year' is defined as a period of 12 months that starts on 1 July 1979 or any subsequent 1 July. Regulation 5A (2) stipulates that members who have performed reserve service in a training year, but are not entitled to payment under regulation 5 due to specific provisions in the Naval, Military, or Air Force Financial Regulations, are eligible for a supplementary amount. This amount is calculated based on the difference between the amount they would have been paid if they were entitled to payment under regulation 5 for days of service at a higher rate and the amount actually paid under regulation 5.
The obligations imposed by this regulation on the members and the Defence Force include ensuring that members who fall under the specified conditions are identified and their service is accurately assessed. The Defence Force must verify whether a member has rendered service in a training year and whether they are eligible for payment under regulation 5. If the member is not entitled to payment under regulation 5 due to the conditions outlined in the regulation, the Defence Force is required to calculate the supplementary amount owed to the member based on the formula provided. This involves determining the difference between the hypothetical payment at the higher rate and the actual payment, ensuring that the member is compensated accurately for their service.
Failure to comply with the provisions of this regulation may result in legal consequences for both the Defence Force and the members. The Defence Force may be liable for underpayment or overpayment, which could lead to financial discrepancies and potential legal disputes. Members who do not receive the supplementary amount they are entitled to may also have grounds to seek legal redress. The regulation does not explicitly state penalties for non-compliance, but breaches could lead to civil or administrative actions to rectify the payments. The Defence Force must maintain accurate records and ensure timely and correct payments to avoid any legal repercussions.