Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment)

Legislation au C1978L00052 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 52

REGULATIONS UNDER THE DEFENCE FORCE RETIREMENT
AND DEATH BENEFITS ACT 1973*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973.

Dated this eleventh day of April 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence

AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS†

Schedules 2, 3 and 4

1. Schedules 2, 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:

SCHEDULE 2 Sub-Regulation 4 (5)

OFFICERS WHO HOLD SPECIFIED RANKS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

Admiral (Chief of Defence Force Staff)

General (Chief of Defence Force Staff)

Air Chief Marshal (Chief of Defence Force Staff)

44,651

Vice-Admiral (Chief of Naval Staff)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

38,957

Rear-Admiral........

Major-General........

Air Vice-Marshal......

32,336

Commodore.........

Brigadier...........

Air Commodore.......

27,607

* Notified in the Commonwealth of Australia Gazette on 13 April 1978.

† Statutory Rules 1973, No. 188 as amended by Statutory Rules 1973, No. 261; 1974, Nos. 14, 161 and 234; 1975, Nos. 141 and 195; 1976, Nos. 42, 99, 160, 170, 196, 207 and 265; 1977, Nos. 82, 98, 158 and 161; and 1978, No. 6


SCHEDULE 3  Sub-regulation 4 (7)

CHAPLAINS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

 

Chaplain-General.......

Principal Air Chaplain...

21,708

Chaplain with not less than 20 years’ service as a Chaplain

Chaplain, Third Class, with not less than 16 years’ service in that classification

Chaplain with not less than 20 years’ service as a Chaplain

21,165

Chaplain with less than 20 but not less than 12 years’ service as a Chaplain

Chaplain, Third Class, with less than 16 but not less than 8 years’ service in that classification

Chaplain with less than 20 but not less than 12 years’ service as a Chaplain

20,081

Chaplain with less than 12 but not less than 4 years’ service as a Chaplain

Chaplain, Third Class, with less than 8 years’ service in that classification

Chaplain with less than 12 but not less than 4 years’ service as a Chaplain

17,914

Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class...

Chaplain with less than 4 years’ service as a Chaplain

15,620

SCHEDULE 4 Sub-regulation 4 (8)

MEMBERS UNDERGOING TRAINING

Item

Training capacities

Annual pay

 

 

$

1

Normal entry recruits during basic training .. .. .. ..

7,421

2

Trainees, including sailors in the Navy who hold the rank of Seaman, who have attained the age of 17 years and who have not completed their category training—

 

 

1st year...............................................

7,603

 

2nd and subsequent years...................................

8,756

3

Junior trainees, being junior musicians, apprentice musicians and other apprentices—

 

 

1st year...............................................

4,879

 

2nd year..............................................

4,879

 

3rd year..............................................

6,653

 

4th year..............................................

7,806

4

Sailors in the Navy who hold the rank of Seaman and who have not attained the age of 17 years and junior recruits in the Navy .. .. ..

3,701

5

Royal Military College cadets, air cadets at the Air Force Academy and subordinate officers (that is to say, officers of the Navy who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of senior entry—

 

 

1st year ..............................................

6,035

 

2nd year..............................................

6,035

 

3rd year..............................................

6,724

 

4th year..............................................

7,413

 

5th year..............................................

8,101

 

6th year..............................................

8,791

6

Subordinate officers (that is to say, officers of the Navy who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of junior entry—

 

 

1st year...............................................

4,114

 

2nd year..............................................

4,729

 

3rd year..............................................

6,035

 

4th year..............................................

6,035

 

5th year..............................................

6,724

 

6th year..............................................

7,413


SCHEDULE 4—continued

MEMBERS UNDERGOING TRAINING

Item

Training capacities

Annual pay

7

Members, not being members to whom item 5 or 6 applies, undertaking degree courses—

 

 

with 3 years to graduation..................................

6,035

 

with 2 years to graduation..................................

6,724

 

in final year............................................

7,413

8

Members of the Navy, and air cadets not at the Air Force Academy, undertaking diploma courses—

 

 

1st year...............................................

4,729

 

2nd year (or matriculation or equivalent entry).....................

6,035

 

3rd year..............................................

6,035

 

4th year..............................................

6,724

9

Male officer trainees, being officer cadets (Army) and aircrew cadets (Air Force)—

 

 

If not completed degree course...............................

6,724

 

If completed degree course..................................

7,413

10

Female officer trainees—

 

 

If not completed degree course...............................

5,380

 

If completed degree course..................................

5,930

11

Members of the Navy, other than members to whom another item of this Schedule applies, who hold the rank of Midshipman of the Supplementary List—

 

 

1st year...............................................

6,724

 

2nd year..............................................

7,413

Application

2. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by regulation 1 apply in relation to service by—

(a) a member of the Navy or of the Army other than a member referred to in paragraph (c) or (d)—after 2 March 1978;

(b) a member of the Air Force—after 1 March 1978;

(c) a member of the Navy who holds the rank of Admiral or Vice-Admiral and is Chief of Defence Force Staff or Chief of Naval Staff—after 1 March 1978; and

(d) a member of the Army who holds the rank of General or Lieutenant-General and is Chief of Defence Force Staff or Chief of the General Staff—after 1 March 1978.

Overview

The Statutory Rules 1978 No. 52, made under the Defence Force Retirement and Death Benefits Act 1973, were introduced to provide updated annual rates of pay for members of the Australian Defence Force, ensuring that the compensation aligns with the changing economic environment and the roles' respective responsibilities. Enacted by the Governor-General with the advice of the Federal Executive Council, the Regulations aim to maintain fairness and adequacy in the remuneration of defence personnel, addressing any discrepancies in pay scales. These Regulations were designed to ensure that all members of the Navy, Army, and Air Force receive appropriate compensation based on their rank, service duration, and training status, thereby supporting the policy objective of providing equitable and timely benefits to those who serve in the defence forces.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, established under the Defence Force Retirement and Death Benefits Act 1973, specify the annual rates of pay for various ranks and categories of service personnel within the Australian Defence Force (ADF) as of April 1978. These regulations apply to members of the Navy, Army, and Air Force who commenced their service after specific dates in March 1978, with additional provisions for certain high-ranking officers. The detailed schedules outline the annual pay rates based on rank, years of service, and training status, thereby ensuring consistent and transparent remuneration across the ADF. These regulations are essential for determining entitlements under the Defence Force Retirement and Death Benefits Act, providing clarity and predictability for service members' financial benefits post-service or in the event of death.

Key Provisions

The Statutory Rules 1978 No. 52, Regulations under the Defence Force Retirement and Death Benefits Act 1973, amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. The Regulations set out specific annual pay rates for officers and chaplains of the Navy, Army, and Air Force, as well as members undergoing training. The amended schedules (Schedules 2, 3, and 4) replace the previous ones, detailing pay rates based on rank and years of service. For example, the pay for an Admiral or Vice-Admiral in the Navy or an Air Chief Marshal in the Air Force starts at $44,651, while a Chaplain with less than 4 years' service earns $15,620. The new pay rates apply to service after specific dates in March 1978, depending on the rank and role. These Regulations impose obligations on the Defence Force to ensure that members are paid according to the correct schedules based on their rank and service duration. The Defence Force must review and update the pay rates in line with these Regulations, ensuring that all members are compensated appropriately. This involves maintaining accurate records of members' ranks, years of service, and training status to determine the applicable pay rates. Failure to comply with these Regulations can result in incorrect pay being issued to members of the Defence Force. While the Regulations themselves do not specify penalties for breaches, any such breaches could lead to claims for underpayment, which could result in financial restitution and adjustments to pay records. Additionally, non-compliance could potentially lead to disciplinary action against Defence Force officials responsible for payroll and compensation.

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