EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 305
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act deems such interim determinations to be Statutory Rules.
The Defence Force (Salaries) Regulations prescribe rates of salary for members of the Defence Force rendering continuous full time service.
These Statutory Rules amend the Defence Force (Salaries) Regulations to -
(a) change the rates of salaries payable to members undergoing training and to maintain a rate of salary for such a member who would otherwise suffer a reduction;
(b) increase the rates of salaries payable to Chaplains and to provide for the counting of service for incremental purposes, for a member appointed a Principal Chaplain;
(c) align the salary payable to a medical or dental officer of the rank of Brigadier or equivalent with that payable to a Medical Superintendant, Grade 5 in the Australian Public Service; and
(d) increase the rates of salaries payable to medical and dental officers.
The amendments at (a) to (c) above implement recommendations of the Committee of Reference for Defence Force Pay in its report dated 12 August 1982. The Committee’s recommendations were approved by the Minister on 28 October 1982. The amendment at (d) above is a flow-on from corresponding increases recently granted to medical officers of the Australian Public Service.
The opportunity has also been taken to omit superseded regulations 8A, 8B and 8C and to omit from Schedule 7 a superseded entry relating to an Artificer in the Navy.
The date of effect of the increase in salaries for medical and dental officers is 15 July 1982. To the extent that a change in salary referred to in (a) above is a reduction it shall apply only to members who enlist on or after 4 November 1982. The date of effect of the remaining amendments is 12 August 1982.
Overview
The Defence Force (Salaries) Regulations Amendment (No. 1) 1982, issued under the authority of the Minister for Defence, was enacted to address discrepancies and gaps in the salary structures for various Defence Force members, including those undergoing training, Chaplains, medical and dental officers, and to align certain salaries with those in the Australian Public Service. This amendment was enacted by the Parliament of Australia to ensure fair and equitable remuneration for Defence Force personnel, reflecting their roles and responsibilities. The policy objective of this amendment was to implement the recommendations of the Committee of Reference for Defence Force Pay and to align salaries with those of comparable positions in the Australian Public Service, thereby maintaining the competitiveness and attractiveness of Defence Force careers.
Scope and Application
The Defence Force (Salaries) Regulations, amended by these Statutory Rules, govern the remuneration of members of the Australian Defence Force, ensuring that their salaries are appropriately set based on their roles and the recommendations of relevant committees. These regulations apply to all members of the Defence Force, including those undergoing training, Chaplains, and medical and dental officers, and the amendments are intended to reflect changes in service conditions and to align salaries with those in comparable roles within the Australian Public Service. The amendments pertain to both current and prospective members of the Defence Force, with specific implementation dates for different categories of salary adjustments. The rules are applicable nationally, as they pertain to the Commonwealth's Defence Force. The amendments do not apply to roles or personnel that are specifically excluded by the regulations, such as those who have enlisted after certain cut-off dates for particular salary reductions. Subordinate instruments may further specify the application of these amendments.
Key Provisions
The main operative sections of the Statutory Rules (1982 No. 305) amend the Defence Force (Salaries) Regulations to revise salary rates for Defence Force members. Section 1 of the Statutory Rules alters the salary rates for members undergoing training, ensuring no member experiences a salary reduction (section 1(a)). It also increases salaries for Chaplains and introduces provisions for counting service for incremental purposes for Principal Chaplains (section 1(b)). Additionally, the rules align the salaries of medical or dental officers with those of Medical Superintendents in the Australian Public Service (section 1(c)), and increase salaries for all medical and dental officers (section 1(d)). These changes implement recommendations from the Committee of Reference for Defence Force Pay, approved by the Minister on 28 October 1982.
The obligations imposed by these Statutory Rules on Defence Force members include adherence to the new salary structures. Members undergoing training must accept the new rates, with reductions only applying to those enlisting on or after 4 November 1982 (section 1(a)). Chaplains and Principal Chaplains are subject to the updated salary provisions and service counting rules (section 1(b)). Medical and dental officers must comply with the new salary alignments and increases (section 1(c) and (d)). Furthermore, the rules mandate the omission of superseded regulations and entries, ensuring the regulations remain current and relevant.
Breaches of these regulations may not explicitly outline specific offences or penalties in the Statutory Rules themselves, but non-compliance with salary provisions could lead to administrative or disciplinary actions under the Defence Force Regulations or other relevant legislation. The consequences could include financial penalties, corrective actions, or disciplinary measures as determined by Defence Force authorities. Maximum penalties, however, are not specified within these Statutory Rules.