EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 324
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”) prescribed 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, made under section 58B of the Defence Act 1903 (“Determination 0101”).
With effect from 5 September 1985 the Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) has made Determination No. 1 of 1985, under section 58H of the Defence Act 1903, modifying Determination 0101 with respect to the rates of pay payable to members of the Defence Force.
As a result of the Remuneration Tribunal’s Determination, a consequential amendment was required to the DFRDB Regulations.
Regulation 4 of the DFRDB Regulations prescribes the basic annual rate of pay for various periods since the date of commencement of the Act. Paragraphs 4(a)(iv) and 4(b)(iv) were inserted by Statutory Rules 1984 No. 395, in conjunction with the making of Determination 0101, to provide a cross-reference to the rates of salary specified in that Determination, with effect from 31 December 1984.
Paragraphs 4(a)(iv) and 4(b)(iv) identified “the rate specified in Schedule 5 to Determination 0101” as the basic annual rate of pay. However, as Schedule 5 contains a number of different rates, the cross-reference required clarification.
Amendments to the Defence Force Retirement and Death Benefits Regulations
This Statutory Rule amends the DFRDB Regulations to:
a. provide that the basic annual rate of pay prescribed by those regulations with reference to Determination 0101 includes such modifications as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903; and
b. correct, with effect from 31 December 1984, the defective cross-reference resulting from the amendments inserted by Statutory Rules 1984 No. 395.
Regulation 2 of the Statutory Rule amends regulation 3 of the DFRDB Regulations to redefine “Determination 0101” to include in that definition such modifications of that Determination as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 3 of the Statutory Rule amends regulation 4 of the DFRDB Regulations to insert, as the prescribed basic annual rate of pay for members of the Defence Force, the rate prescribed in Determination 0101 at pay level 1 for the rank of Private.
Commencement
Sub-regulation 1(1) of the Statutory Rule provides that the amendment correcting the defective cross-reference prescribing the basic annual rate of pay shall be deemed to have come into operation on 31 December 1984.
Sub-regulation 1(2) of the Statutory Rule provides that the amendment relating to the definition of Determination 0101 shall be deemed to have come into operation on 5 September 1985, the date of effect of Determination No. 1 of 1985 made by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Overview
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1985 No. 324 were enacted to address the need for updating the Defence Force Retirement and Death Benefits Regulations (DFRDB Regulations) following modifications to the Defence Force remuneration rates by the Defence Force Remuneration Tribunal. This amendment was necessitated by the Tribunal's Determination No. 1 of 1985, which modified the rates of pay payable to members of the Defence Force, as specified in Determination 0101 under section 58H of the Defence Act 1903. The Regulations were issued by the authority of the Minister for Defence with the intent to ensure that the DFRDB Regulations accurately reflect the current rates of pay, thereby maintaining the integrity and effectiveness of the benefits provided under the Defence Force Retirement and Death Benefits Act 1973.
Scope and Application
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rule 1985 No. 324 amends the Defence Force Retirement and Death Benefits Regulations, implementing modifications to the annual rate of pay for members of the Australian Defence Force (ADF). The Defence Force Retirement and Death Benefits Act 1973, which governs the payment of retirement and death benefits to ADF members, specifies a basic annual rate of pay as a guaranteed minimum. The Regulations, which detail the implementation of this provision, have been amended to incorporate the modifications made by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903. This amendment ensures the Regulations accurately reflect the current rates of pay as determined by the Tribunal. The changes also correct a previous cross-reference error that was introduced in 1984, ensuring the correct rate is applied from that date. The amendments are effective from specific dates tied to the Tribunal's determinations, ensuring the Regulations remain aligned with current remuneration standards.
Key Provisions
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1985 No. 324 amends the Defence Force Retirement and Death Benefits Regulations (DFRDB Regulations) to ensure the accuracy and currency of the basic annual rate of pay for members of the Defence Force. Regulation 2 of this Statutory Rule modifies the definition of "Determination 0101" in the DFRDB Regulations to encompass any modifications made by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903. This amendment ensures that the basic annual rate of pay prescribed by the regulations reflects the current rates determined by the Remuneration Tribunal (section 2). Regulation 3 of the Statutory Rule corrects a defective cross-reference in regulation 4 of the DFRDB Regulations, specifying the prescribed basic annual rate of pay for members of the Defence Force as the rate prescribed in Determination 0101 at pay level 1 for the rank of Private (section 3).
The DFRDB Regulations impose specific obligations on the Defence Force members, the Remuneration Tribunal, and the relevant authorities. Defence Force members must be aware of the basic annual rate of pay prescribed by the regulations, which is used as the guaranteed minimum rate for the payment of benefits under the Defence Force Retirement and Death Benefits Act 1973. The Remuneration Tribunal is responsible for determining the rates of pay for Defence Force members and making any modifications to Determination 0101 under section 58H of the Defence Act 1903. The relevant authorities must ensure that the DFRDB Regulations are updated to reflect the current rates of pay prescribed by the Remuneration Tribunal.
Failure to comply with the provisions of the DFRDB Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. However, the Statutory Rules 1985 No. 324 do not explicitly outline any specific offences, penalties, or consequences for breach. It is essential to refer to the Defence Force Retirement and Death Benefits Act 1973 and other relevant legislation to determine the potential penalties for non-compliance with the regulations. The Defence Force Remuneration Tribunal's Determination No. 1 of 1985, which led to the amendment of the DFRDB Regulations, came into effect on 5 September 1985, as stated in sub-regulation 1(2) of the Statutory Rule.