EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 165
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.
Regulation 4 and Schedule 3 of the Defence Force (Reserves) (Financial) Regulations contain the rates of salaries payable to medical and dental officers of the Reserve Force.
These Statutory Rules provide for increased rates of salary payable to those officers.
The increase in salaries flows from an interim increase approved for medical categories in the Australian Public Service.
The date of effect is 31 December 1981, the date the increase was approved for the Australian Public Service.
Overview
The Statutory Rules 1982 No. 165, issued under the authority of the Minister for Defence, amend the Defence Force (Reserves) (Financial) Regulations. Enacted in 1982, these rules address the need to adjust the salaries of medical and dental officers within the Reserve Force, aligning them with the interim increases approved for the Australian Public Service. The Defence Amendment Act 1979 empowers the Minister to make such interim determinations, which are deemed to be Statutory Rules. The policy objective is to ensure that the compensation for medical and dental officers in the Reserve Force remains commensurate with that of their counterparts in the broader Australian Public Service, thereby maintaining equitable remuneration across these sectors.
Scope and Application
The Statutory Rules 1982 No. 165, issued under the authority of the Minister for Defence, pertain to amendments made to the Defence Force (Reserves) (Financial) Regulations, specifically addressing the salaries of medical and dental officers within the Reserve Force. This legislative action is grounded in Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal existing regulations. These interim determinations are deemed to be Statutory Rules, thereby integrating the specified salary increases into the legal framework governing the Reserve Force's financial regulations. The salary adjustments are aligned with an interim increase approved for medical categories in the Australian Public Service, effective from 31 December 1981. This ensures consistency in remuneration standards across comparable roles within the public sector. The application of these Statutory Rules is limited to the financial aspects of the Reserve Force, specifically targeting medical and dental officers and does not extend beyond this scope or to other categories of personnel or sectors.
Key Provisions
The main operative sections of this Statutory Rule are those that amend the Defence Force (Reserves) (Financial) Regulations, specifically Regulation 4 and Schedule 3. Regulation 4 (1) now reflects the increased rates of salary for medical and dental officers of the Reserve Force, aligning with the interim increase approved for medical categories within the Australian Public Service. This change is effective from 31 December 1981, the date the increase was approved for the Australian Public Service. Schedule 3 of the Regulations has also been updated to reflect these new salary rates, ensuring that medical and dental officers receive remuneration that is in line with the interim adjustments made in the public sector.
The obligations and requirements imposed by this Statutory Rule are primarily focused on updating the financial regulations for Reserve Force medical and dental officers. The rule necessitates that these officers' salaries be adjusted to reflect the interim increase approved for medical categories in the Australian Public Service. This adjustment ensures that the compensation for Reserve Force officers remains competitive and reflective of changes in the broader public service sector. The rule also mandates that these changes be implemented and recognised as of the effective date of 31 December 1981, ensuring a smooth transition and alignment of remuneration practices.
Breaching the provisions of this Statutory Rule could lead to several consequences, particularly if the updated salary rates are not correctly applied to the affected officers. While the Explanatory Statement does not detail specific offences or penalties, it is likely that failure to comply with the mandated salary increases could result in legal challenges or disputes regarding remuneration. Such disputes could potentially lead to civil or administrative penalties, particularly if officers were underpaid as a result of non-compliance. It is also important to note that ongoing non-compliance could impact the operational readiness and morale of Reserve Force medical and dental officers, which could indirectly affect the overall efficiency and effectiveness of the Defence Force.
The Statutory Rules, as outlined, provide a clear directive for the adjustment of salaries for Reserve Force medical and dental officers. By referencing the interim increase approved for medical categories within the Australian Public Service, the Rules ensure that these officers receive equitable remuneration. The effective date of 31 December 1981 underscores the immediacy and importance of these adjustments. For parties governed by these Rules, adherence to the updated salary rates is crucial to avoid any potential legal, financial, or operational repercussions.