EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 306
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 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
These Statutory Rules amend the Defence Force (Reserves) (Financial) Regulations to provide for an increase in pay for medical and dental officers, Chaplains and trainees of the Reserve Forces. They also change the pay of medical and dental officers of the rank of Brigadier or equivalent to maintain the relationship of their salaries with those of members of the Permanent Force.
The increase in salaries for medical and dental officers is a flow-on from corresponding increases recently granted to medical officers in the Australian Public Service. The remaining amendments implement recommendations of the Committee of Reference for Defence Force Pay in its report dated 12 August 1982. The Committee’s recommendations were approved by the Minister on 28 October 1982.
The opportunity has also been taken to omit superseded regulations 5AA, 5AB and 5AC.
The date of effect of the increase in salaries for medical and dental officers is 15 July 1982 and for implementation of the recommendations of the Committee of Reference is 12 August 1982.
Overview
The Statutory Rules 1982 No. 306, issued by the authority of the Minister for Defence, represent an amendment to the Defence Force (Reserves) (Financial) Regulations. Enacted in response to the need for updated remuneration structures for Reserve Forces personnel, particularly medical and dental officers, Chaplains, and trainees, these regulations address a gap in the financial provisions for these roles. This legislative action aligns with the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, thereby ensuring the relevance and equity of pay scales within the Defence Force. The policy objective underpinning these amendments is to maintain the integrity of salary structures across the Defence Force, reflecting contemporary market conditions and ensuring fair compensation for critical roles within the Reserve Forces.
Scope and Application
The Statutory Rules 1982 No. 306, issued under the authority of the Minister for Defence, amend the Defence Force (Reserves) (Financial) Regulations to adjust the pay of specific personnel within the Reserve Forces. This legislation applies to medical and dental officers, Chaplains, and trainees in the Reserve Forces, as well as to medical and dental officers of the rank of Brigadier or equivalent. The amendments are designed to reflect salary increases recently implemented for medical officers within the Australian Public Service and to align the pay of higher-ranking medical and dental officers with their counterparts in the Permanent Force. The changes were approved by the Minister on 28 October 1982, following recommendations from the Committee of Reference for Defence Force Pay, which were reported on 12 August 1982. The amendments to pay rates for medical and dental officers took effect from 15 July 1982, while the implementation of the Committee’s recommendations was effective from 12 August 1982. Additionally, the Rules omit certain superseded regulations, namely regulations 5AA, 5AB, and 5AC, which are no longer applicable. The jurisdictional reach of these regulations is limited to the Defence Force Reserves within Australia, and they are applicable under the authority of the Commonwealth government.
Key Provisions
The key operative sections of these Statutory Rules (C2004L04334) are those which amend the Defence Force (Reserves) (Financial) Regulations, particularly sections related to the financial remuneration of medical and dental officers, Chaplains, and trainees within the Reserve Forces. Specifically, section 12 of the Defence Amendment Act 1979 is cited as the authority for these amendments, enabling the Minister to make interim determinations which are considered Statutory Rules. The main focus of these rules is to implement an increase in pay for medical and dental officers, Chaplains, and trainees, as well as to adjust the pay of medical and dental officers of the rank of Brigadier or equivalent, in order to align their salaries with those of members of the Permanent Force.
The obligations imposed by these rules primarily concern the financial adjustments for specified personnel within the Reserve Forces. These obligations include ensuring that medical and dental officers, Chaplains, and trainees receive an increase in pay as per the new regulations. Additionally, the rules mandate that the pay for medical and dental officers of the rank of Brigadier or equivalent be adjusted to maintain parity with the salaries of their counterparts in the Permanent Force. These adjustments are effective from specific dates: 15 July 1982 for the salary increase of medical and dental officers and 12 August 1982 for the implementation of the Committee of Reference’s recommendations.
There are no explicit offences, penalties, or civil/criminal consequences stated within the explanatory statement for breach of these regulations. However, the enforcement of these financial adjustments would likely be overseen by the Department of Defence, with any failure to comply potentially leading to administrative or disciplinary actions within the Defence Force. The exact nature and severity of such consequences would depend on the internal policies and procedures of the Defence Force, rather than explicit statutory penalties outlined in these rules.