EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 54
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.
Sub-Regulation 12(7) of the Defence Force (Reserves) (Financial) Regulations provides that a member of the Reserve Forces may count twice the period of continuous full-time service rendered by him in a rank as service for pay in the same rank in the Reserve Forces. Sub-Regulation 12(3) provides for the counting of continuous full-time service rendered by a member in the Defence Force of a country within the Commonwealth of Nations.
These Statutory Rules amend sub-regulations 12(7) and 12(8) to permit the counting of any such service rendered by the member before he became a member to whom the Defence Force (Reserves) (Financial) Regulations apply.
Overview
The Statutory Rules 1983 No. 54, issued under the authority of the Minister for Defence, amends the Defence Force (Reserves) (Financial) Regulations, which were established to govern the financial aspects of reserve forces within the Australian Defence Force. Enacted in 1983, these regulations were designed to address the financial entitlements and service counting of reservists, ensuring they are fairly compensated for their service. The policy objective of these amendments is to extend the eligibility for counting service periods to include those rendered prior to the reservist becoming subject to the regulations, thereby providing a more comprehensive framework for recognising and compensating reservists' contributions. This amendment aligns with the overarching aim of the Defence Force (Reserves) (Financial) Regulations to provide a fair and equitable financial structure for members of the Reserve Forces.
Scope and Application
The Statutory Rules 1983 No. 54, issued under the authority of the Minister for Defence, amends the Defence Force (Reserves) (Financial) Regulations to extend the applicability of certain provisions regarding the counting of service for pay in the Reserve Forces. These amendments apply to members of the Reserve Forces, including both current and prospective members, and relate specifically to the counting of continuous full-time service for the purposes of pay in the same rank within the Reserve Forces. The application of these rules is governed by the Defence Force (Reserves) (Financial) Regulations, which are in turn regulated under the Defence Amendment Act 1979. The geographic and jurisdictional reach of these regulations is effectively national, as they pertain to the Australian Defence Force and its reserve components. Notably, the rules do not specify any exclusions or exemptions; however, they do set thresholds for what constitutes continuous full-time service that is eligible for counting. The application of these regulations can be further extended or restricted through subordinate instruments issued by the Minister for Defence, in accordance with the provisions of the Defence Amendment Act 1979.
Key Provisions
The key provisions of the Statutory Rules 1983 No. 54 issued under the authority of the Minister for Defence pertain to the amendment of the Defence Force (Reserves) (Financial) Regulations. Section 12(7) of the Defence Force (Reserves) (Financial) Regulations is modified to allow for the counting of continuous full-time service rendered by a member of the Reserve Forces prior to their inclusion under the regulations. This means that any period of full-time service a member accrued before becoming subject to these regulations can now be counted twice for the purposes of pay in the same rank within the Reserve Forces. Similarly, Section 12(8) is amended to include continuous full-time service rendered by a member in the Defence Force of a Commonwealth country. These changes are intended to provide a more comprehensive accounting of service for financial purposes.
The obligations imposed by these Statutory Rules on the parties governed by them primarily revolve around the accurate calculation and recognition of service for financial entitlements. Reserve Force members and the Defence Force administration must ensure that any pre-regulation service periods are correctly identified and counted for pay purposes. This includes maintaining and updating records to reflect the new provisions accurately. The Defence Force must also ensure that these changes are implemented in a way that is consistent with existing financial systems and practices.
Breaches of the provisions set out in these Statutory Rules can lead to various consequences. While the document does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is reasonable to infer that failure to accurately count service periods or misapply the rules could lead to financial discrepancies. These discrepancies could potentially result in legal or administrative action to rectify the errors. Given the nature of the regulations, severe or repeated non-compliance could also lead to disciplinary measures against Defence Force personnel responsible for ensuring compliance with these financial provisions. The maximum penalties are not specified in the Statutory Rules, but they would likely align with the general administrative and financial oversight frameworks within the Defence Force.