Defence Force Retirement and Death Benefits Regulations (Amendment) 1995 No. 50
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 50
Issued by the authority of the Minister for Defence Science and Personnel
Defence Force Retirement and Death Benefits Act 1973
Defence Force Retirement and Death Benefits Regulations (Amendment)
Background
Section 60 of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act) provides for the basic (ie. minimum) annual rate of pay applicable to a member for certain benefits to be prescribed.
The Defence Force Retirement and Death Benefits Regulations (the Principal Regulations) prescribe various matters for the purposes of the DFRDB Act. Regulation 4 prescribes the basic annual rate of pay for the purposes of section 60.
The Regulations amend the Principal Regulations, to correct references to a salary determination which has now been superseded.
Regulation 4 of the Principal Regulations prescribed the basic (ie. minimum) annual rates of pay by reference to "the rate specified in Schedule 5 to Determination 0101 as the rate of salary at pay level 1 in relation to the rank of Private". "Determination 010111 is defined by regulation 3 of the Principal Regulations to mean "Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903, as in force from time to time as modified from time to time by determinations made under section 58H of that Act".
Determination 0101 has not dealt with rates of salary since 4 June 1992 when a Defence Force Remuneration Tribunal determination (Determination No. 6 of 1992), made under section 58H of the Defence Act .1903, took over coverage of this matter. on that date the provisions dealing with the rates of salary were omitted from Determination 0101 by a determination made under section 58B of the Defence Act 1903 (Determination No. 21 of 1992).
In order to identify correctly the source of salary for the regulations in question, the references to Determination 0101 needed to be replaced by references to Determination No. 6 of 1992. The amendment needed to be retrospective so that the references to Determination No. 6 of 1992 had effect from 4 June 1992, when that Determination replaced Determination 0101.
The amendment to regulation 4 of the Principal Regulations could only operate beneficially to increase payments and is therefore not prevented by the Acts Interpretation Act 1901. That Act prohibits retrospective regulations which affect rights disadvantageously or impose liabilities. However, the correction of the wrong reference in regulation 4 is merely a "tidying-up" exercise and does not substantively affect rights.
Changes
The Regulations amend the incorrect references retrospectively, to apply Determination No. 6 of 1992 with effect from 4 June 1992. This is achieved by replacing the references to Determination 0101 in the Principal Regulations with references to Determination No. 6 of 1992.
The effect of the amendment is to correct, with effect from 4 June 1992, the references that establish a minimum rate for benefits payable under the Defence Force Retirement and Death Benefits Scheme.
Commencement
The Regulations are taken to have commenced on 4 June 1992.
Overview
The Defence Force Retirement and Death Benefits Regulations (Amendment) 1995 No. 50, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force Retirement and Death Benefits Regulations 1973. This legislative change was introduced to address a discrepancy in the reference to salary determinations within the regulations. Specifically, the regulations previously referred to a superseded salary determination, which needed to be updated to reflect current legislative provisions. By replacing references to the outdated Determination 0101 with Determination No. 6 of 1992, the amendment ensures that the basic annual rates of pay for benefits under the Defence Force Retirement and Death Benefits Act 1973 are correctly identified. This correction is retrospective and took effect from 4 June 1992, the date when Determination 0101 ceased to cover salary rates. The policy objective of this amendment is to maintain the integrity and accuracy of the legislative framework governing defence force retirement and death benefits.
Scope and Application
The Defence Force Retirement and Death Benefits Regulations (Amendment) 1995 No. 50 pertains to the Defence Force Retirement and Death Benefits Act 1973, specifically amending the Defence Force Retirement and Death Benefits Regulations to update the references to salary determinations. These Regulations apply to members of the Australian Defence Force and entities involved in the administration of benefits under the Defence Force Retirement and Death Benefits Scheme. The amendment corrects references to a superseded salary determination, ensuring the correct source for determining minimum rates of pay for benefits is identified. The Regulations have a Commonwealth reach, affecting all members of the Defence Force across Australia. The amendment does not introduce new exclusions or exemptions but rectifies existing references, thereby ensuring the accuracy and continuity of benefit calculations. The Regulations extend their application through the amendment of subordinate instruments, specifically the Principal Regulations, and are effective from 4 June 1992, the date the superseded determination ceased to cover salary rates.
Key Provisions
The Defence Force Retirement and Death Benefits Regulations (Amendment) 1995 No. 50 amends the Defence Force Retirement and Death Benefits Regulations to correct the references to the source of salary for certain benefits. Regulation 4 of the Principal Regulations, which previously referred to "the rate specified in Schedule 5 to Determination 0101 as the rate of salary at pay level 1 in relation to the rank of Private", is now updated to refer to Determination No. 6 of 1992, which took over coverage of this matter from 4 June 1992. This amendment ensures that the correct source of salary is identified for the calculation of benefits under the Defence Force Retirement and Death Benefits Scheme.
The Regulations impose a specific obligation on the relevant authorities to ensure that the correct references are used in the calculation of benefits payable under the Scheme. This includes ensuring that any references to Determination 0101 are replaced with references to Determination No. 6 of 1992, with effect from 4 June 1992. This obligation is intended to ensure that the benefits payable under the Scheme are calculated correctly and that any errors in the references to the source of salary are corrected.
There are no specific offences or penalties associated with the failure to comply with the Regulations. However, the failure to comply with the Regulations may result in incorrect calculations of benefits payable under the Scheme, which could have legal and financial consequences for the relevant parties. It is important that the relevant authorities ensure that the correct references are used in the calculation of benefits to avoid any potential issues.
Overall, the Regulations are intended to correct a technical error in the Principal Regulations and ensure that the correct source of salary is used in the calculation of benefits under the Defence Force Retirement and Death Benefits Scheme. The Regulations impose a specific obligation on the relevant authorities to ensure that the correct references are used and failure to comply with the Regulations may result in incorrect calculations of benefits payable under the Scheme.