EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 104
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS
REGULATIONS (AMENDMENT)
Background
Section 60 of the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) provides for a prescribed basic annual rate of pay, as a guaranteed minimum rate for the payment of benefits under the Act.
The Defence Force Retirement and Death Benefits Regulations (“the DFRDB Regulations”) prescribe the annual rate of pay of a member of the Defence Force, for the above purpose of the Act, by reference to Determination 0101, Salary of Permanent Force Members (“Determination 0101”), made under section 58B of the Defence Act 1903.
With effect from 5 September 1985, the Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) made Determination No. 1 of 1985, under section 58H of the Defence Act 1903, modifying Determination 0101 with respect to the rates of pay applicable to members of the Defence Force.
Consequential amendments were accordingly made to the DFRDB Regulations by Statutory Rules 1985 No. 324 to include references to that modification from the same date of effect.
On 19 December 1985 the Remuneration Tribunal, in Determination No. 7 of 1985, altered the date of effect of the increases in salary and allowances covered by Determination No. 1. These were made retrospective to 30 May 1985 following a reconsideration of the matter by the Tribunal following a request by the Chief of the Defence Force in accordance with the procedures set out in the Defence Act 1903.
As a result, a further consequential amendment was required to the DFRDB Regulations, to achieve retrospectivity to the same date of effect as the Tribunal’s Determination No. 7 of 1985.
Amendments to the Defence Force Retirement and Death Benefits Regulations
This Statutory Rule amends the date of commencement of sub-regulation 1(2) of Statutory Rules 1985 No. 324, to prescribe 30 May 1985 as the date of effect of the modified reference to Determination 0101, to achieve retrospectivity to the same date of effect as the Tribunal’s Determination No. 7 of 1985.
This retrospectivity, effective from the date of an increase in the pay of members of the Defence Force, is authorized by sub-section 131(2) of the Act.
Commencement
The amendment has effect from 30 May 1985.
Overview
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1986 No. 104 were enacted to address the need for retrospective adjustment in the payment of benefits to members of the Australian Defence Force, following modifications in their pay rates. This amendment was necessitated by the Defence Force Remuneration Tribunal's decisions to alter the effective dates of salary and allowance increases for Defence Force members. The objective of these regulations, as authorized by sub-section 131(2) of the Defence Force Retirement and Death Benefits Act 1973, is to ensure that the benefits paid to Defence Force members are aligned with the actual dates of their pay increases. These Statutory Rules were issued by the authority of the Minister for Defence and are intended to bring the Defence Force Retirement and Death Benefits Regulations into conformity with the Tribunal's retrospective determinations, thus ensuring that the benefits provided are accurately reflective of the members' remuneration history.
Scope and Application
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1986 No. 104, issued under the authority of the Minister for Defence, amend the Defence Force Retirement and Death Benefits Regulations to align with retrospective changes made to the pay rates of members of the Defence Force. The amendment is a direct consequence of the Defence Force Remuneration Tribunal’s modifications to the rates of pay applicable to Defence Force members, as outlined in Determination No. 1 and No. 7 of 1985. The amendment ensures that the payment of benefits under the Defence Force Retirement and Death Benefits Act 1973 is retrospective to 30 May 1985, reflecting the altered date of effect of the increases in salary and allowances as requested by the Chief of the Defence Force. This amendment applies to all members of the Defence Force who are affected by the changes in pay rates and is authorised under sub-section 131(2) of the Act. The amendment is effective from 30 May 1985, the date of the retrospective changes.
Key Provisions
The key provisions of these regulations focus on the amendment of the Defence Force Retirement and Death Benefits Regulations, specifically addressing the date of effect for certain salary adjustments (reg. 1(2)). This amendment aligns with the retrospective changes made by the Defence Force Remuneration Tribunal in its Determination No. 7 of 1985. These regulations are designed to ensure that the changes in the remuneration of Defence Force members are reflected accurately in the benefits provided under the Defence Force Retirement and Death Benefits Act 1973 (the Act).
The obligations imposed by these regulations on the relevant parties primarily involve ensuring that the modifications to the Defence Force Retirement and Death Benefits Regulations accurately reflect the changes in salary and allowances as determined by the Remuneration Tribunal. This includes the requirement to update references to Determination 0101 to reflect the new retrospective date of 30 May 1985, as mandated by the Defence Force Remuneration Tribunal’s Determination No. 7 of 1985. These regulations necessitate compliance with the tribunal’s decisions and the consequent updates to statutory rules to maintain consistency and fairness in the benefits provided to Defence Force members.
In terms of legal consequences, the regulations do not explicitly state offences or penalties for non-compliance. However, failure to adhere to these regulations could potentially result in discrepancies in the payment of benefits, leading to administrative or legal challenges. The primary focus is on ensuring that the benefits accurately reflect the members' remuneration as determined by the tribunal. It is implied that non-compliance could lead to disputes or litigation regarding the correct amount of benefits owed to Defence Force members, though specific penalties are not detailed in the regulations themselves.