Defence Force Retirement and Death Benefits Regulations 2017

Administered by Department of Defence

Legislation au F2017L01095 Regulations In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by authority of the Minister for Defence Personnel

 

Defence Force Retirement and Death Benefits Act 1973

 

Defence Force Retirement and Death Benefits Regulations 2017

 

The Defence Force Retirement and Death Benefits Act 1973 (the Act) makes provision for, and in relation to, a scheme for retirement and death benefits for members of the Defence Force.

 

Section 131 of the Act, provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which, by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 

 

The purpose of the Defence Force Retirement and Death Benefits Regulations 2017 (the Regulations) is to repeal the Defence Force Retirement and Death Benefits Regulations 1973 and Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979 before they sunset on 1 October 2017. The Regulations would replace those with one regulation in substantially the same form, but with modern language and drafting compliance to ensure the continuation of benefits to existing members of the scheme

There are no substantive changes which will affect the establishment or calculation of a final annual pay rate at retirement; or which will affect the rate, indexation, or calculation of a benefit for surviving spouses in post-retirement marital or couple relationships. These calculations and benefits will continue as currently provided.

 

The Commonwealth Superannuation Corporation, and the Pay and Administration Branch in the Department of Defence have been consulted during the remake of the Regulations.

 

The Office of Best Practice Regulation was consulted and advised that no Regulation Impact Statement is required (OBPR ID 22583).

 

The authorising Act specifies no conditions that need to be fulfilled before the Regulations can be made.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations would commence on the day after it is registered on the Federal Register of Legislation and the details of the Regulations are set out in the Attachment.

 

 


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Defence Force Retirement and Death Benefits Regulations 2017

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview of the Legislative Instrument

 

The purpose of the Defence Force Retirement and Death Benefits Regulations 2017 (the Regulations) is to repeal the Defence Force Retirement and Death Benefits Regulations 1973 and Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979 before they sunset on 1 October 2017. The Regulations would replace those with one regulation similar in substance to ensure the continuation of benefits to existing members of the scheme, but with modern language and drafting compliance.

 

There are no substantive changes which will affect the establishment or calculation of a final annual pay rate at retirement; or which will affect the rate, indexation, or calculation of a benefit for surviving spouses in post-retirement marital or couple relationships. These calculations and benefits will continue as currently provided.

 

Human rights implications

 

The Regulations preserves existing arrangements and does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Regulations are compatible with human rights and does not raise any human rights issues.

 

 

 

Minister for Defence Personnel, the Honourable Dan Tehan MP

Details of the Regulations are as follows:

 

Section 1 – Name

This section provides that the title of the instrument is the Defence Force Retirement and Death Benefits Regulations 2017.

 

Section 2 – Commencement

This section provides for the Regulations to commence on the day after the instrument is registered.

 

Section 3 – Authority

The Regulations are made under the Defence Force Retirement and Death Benefits Act 1973.

 

Section 4 – Schedules

This section provides that each instrument as set out in the Schedule is amended or repealed as specified.

 

Section 5 - Definitions

This section provides definitions of words and phrases used in the Regulations.

 

Section 6 – Annual pay applicable to a member of the Defence Force on a day

This section prescribes pay related matters for contributing members to establish a final annual pay rate at retirement.  

 

Subsection 1 applies to public office holders paid under a determination by the Remuneration Tribunal.

 

Subsections 2 and 3 apply to all other members of the Australian Defence Force, excluding Chaplains.

 

Subsection 4 provides the meaning of the term ‘rank’ for the purpose of calculating an annual rate of pay.

 

Subsection 5 provides how to establish a final annual rate of pay for Chaplains, as they do not formally hold a rank.

 

Section 7 – Benefits for certain spouses in post-retirement marital or couple relationships – pension

This section applies to surviving spouses, who were in a relationship of less than 3 years with a pension recipient, and whose relationship commenced after the pension recipient turned 60 years of age.

 

The section prescribes a rate of pension the surviving spouse will receive, for the purposes of subsection 6BA (3) of the Act. The section also sets the indexation rate applied to the prescribed rate for a pension benefit paid to these surviving spouses and how the indexation rate is calculated. 

 

 

 

 

Section 8 – Benefits for certain spouses in post-retirement marital or couple relationships – lump sum payment

This section applies to surviving spouses who were in a relationship of less than 3 years with a pension recipient, and whose relationship commenced after the pension recipient turned 60 years of age.

 

The section prescribes the method and factors, and formula to be used for calculating a lump sum payment to which this surviving spouse is entitled for the purposes of subsection 6BA(3) of the Act.

 

Schedule 1- Repeals

 

Section1 – The whole of the Regulations

This provision repeals the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979.

 

Section 2- The whole of the Regulations

This provision repeals the Defence Force Retirement and Death Benefits Regulations 1973.  

Overview

The Defence Force Retirement and Death Benefits Regulations 2017, enacted under the authority of the Minister for Defence Personnel, were introduced to modernise and ensure the continuation of existing retirement and death benefits for members of the Defence Force. These regulations serve to repeal and replace the outdated Defence Force Retirement and Death Benefits Regulations 1973 and Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979, which were set to sunset on 1 October 2017. The overarching aim of the 2017 regulations is to maintain the integrity of the existing benefits framework, ensuring that the establishment and calculation of final annual pay rates at retirement, as well as the rates, indexation, and calculation of benefits for surviving spouses in post-retirement marital or couple relationships, remain unaffected. The Office of Best Practice Regulation has confirmed that no Regulation Impact Statement is required, and the Regulations are compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The Regulations came into effect on the day following their registration on the Federal Register of Legislation.

Scope and Application

The Defence Force Retirement and Death Benefits Act 1973 (the Act) establishes a scheme for retirement and death benefits for members of the Australian Defence Force. The Act applies to current and former members of the Defence Force, including both military personnel and civilian employees, and their dependants, particularly focusing on retirement and death benefits. The Act’s jurisdiction is national, as it is a Commonwealth Act. The Defence Force Retirement and Death Benefits Regulations 2017, made under the Act, provide detailed rules for the administration of the benefits scheme, including the calculation of retirement benefits and pensions for surviving spouses. These Regulations ensure the continuation of benefits to existing scheme members with modernised language and drafting. Notably, the Regulations do not introduce any substantive changes to the calculation of final annual pay rates or the benefits for surviving spouses in post-retirement marital or couple relationships, maintaining the status quo. The Regulations are designed to be compatible with human rights, preserving existing benefit arrangements without raising any human rights issues.

Key Provisions

The Defence Force Retirement and Death Benefits Regulations 2017 (Regulations) primarily serve to repeal and replace outdated regulations governing benefits for members of the Australian Defence Force. Section 2 of the Regulations specifies that they will commence on the day following their registration. The Regulations are made under the authority of the Defence Force Retirement and Death Benefits Act 1973, as stated in Section 3. They also include a schedule that details the repeal of existing regulations, specifically the Defence Force Retirement and Death Benefits Regulations 1973 and the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979. These repealed regulations were set to sunset on 1 October 2017, and the new Regulations ensure that benefits continue to be provided under modernised and compliant language. The Regulations impose specific obligations on entities and individuals involved in the administration and distribution of benefits. Section 5 prescribes the methods and criteria for calculating the final annual pay rate for Defence Force members at retirement, differentiating between public office holders and other members, including Chaplains. Section 7 and Section 8 address the benefits for surviving spouses in certain post-retirement marital or couple relationships, detailing the pension rates and lump sum payments, along with the indexation rates and calculation methods. These provisions ensure that the established benefits continue uninterrupted and are applied consistently. Failure to comply with the Regulations can lead to civil or administrative consequences, although specific penalties are not detailed in the explanatory statement. The Regulations are designed to maintain the integrity of the benefits scheme and ensure that members and their families receive the entitlements they are owed under the Act. It is essential for the relevant authorities, such as the Commonwealth Superannuation Corporation and the Pay and Administration Branch in the Department of Defence, to adhere to these provisions to uphold the scheme's objectives.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.