EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 291
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 also deems such interim determinations to be Statutory Rules.
Regulation 8 of the Defence Force (Salaries) Regulations prescribes rates of salary payable to members of the Defence Force, other than officers and members undergoing initial training, who are rendering continuous full-time service. Salary is paid in accordance with the member’s rank, the pay level appropriate to his employment category under the Service Financial Regulations and, if applicable, the number of years service that he has completed in that rank.
Generally a member of the Defence Force who changes from one employment category to another retains his former rank and employment category and, consequently, his salary level until successful completion of retraining. A member of the Air Force who retrains to become an airman aircrew is, however, re-mustered as Airman Aircrew (Uncategorized) during training. These Statutory Rules amend regulation 8 to permit payment of salary to an Airman Aircrew (Uncategorized) at the rate appropriate to his former rank and employment category for the period of retraining.
The date of effect is 22 September 1983, the date the Airman Aircrew (Uncategorized) mustering was introduced.
Overview
The Statutory Rules 1983 No. 291, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations to address a specific issue concerning salary payments to members of the Defence Force undergoing retraining. Enacted in 1983, these rules respond to a gap in the existing regulations where members of the Air Force who retrain to become airman aircrew were re-mustered as Airman Aircrew (Uncategorized) during their training period, leading to a discrepancy in their salary payments. The policy objective of this amendment is to ensure that such members receive salaries that reflect their former rank and employment category during the retraining period, thereby maintaining salary parity and recognising their prior service and qualifications. This legislative action underscores the intent to provide equitable treatment and support for Defence Force members during their professional development and transitions within the service.
Scope and Application
The Statutory Rules 1983 No. 291, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to address salary provisions for members of the Defence Force, specifically those undergoing retraining as Airman Aircrew. This legislation applies to members of the Defence Force, excluding officers and those in initial training, who are engaged in continuous full-time service and are undergoing a change in employment category. The rules ensure that these members retain their former rank and salary level until the successful completion of their retraining. The amendment allows for the payment of salary to Airman Aircrew (Uncategorized) at the rate appropriate to their former rank and employment category during the retraining period. The changes take effect from 22 September 1983, the date when the Airman Aircrew (Uncategorized) mustering was introduced. The jurisdictional reach of these rules is confined to the Commonwealth level, and they do not specify any exclusions or exemptions. Any further application or restriction of these rules may be extended through subordinate instruments as deemed necessary by the Minister for Defence.
Key Provisions
The main operative sections of this legislation are sections 12 of the Defence Amendment Act 1979 and regulation 8 of the Defence Force (Salaries) Regulations. Section 12 of the Act empowers the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules. Regulation 8, as amended, prescribes the rates of salary payable to members of the Defence Force, other than officers and members undergoing initial training, who are providing continuous full-time service. This regulation ensures that salary is paid in accordance with the member’s rank, the pay level appropriate to their employment category under the Service Financial Regulations, and the number of years of service in that rank.
The Act imposes obligations on the Minister for Defence to ensure that the interim determinations made under section 12 are consistent with the Defence Amendment Act 1979. These determinations must be made in good faith and should align with the purpose of ensuring appropriate salary rates for Defence Force members. The parties or entities governed by this Act must adhere to the salary rates prescribed in regulation 8, ensuring that members are paid according to their rank, employment category, and years of service.
Any breaches of the provisions in this Act may lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of Defence Force regulations generally may result in disciplinary action against Defence Force members or administrative penalties for non-compliance by the Minister or other relevant authorities. It is essential for the Minister and Defence Force members to comply with the prescribed salary rates to avoid any potential legal repercussions.
In summary, the legislation outlines the authority for interim determinations under section 12 of the Defence Amendment Act 1979, prescribes salary rates under regulation 8 of the Defence Force (Salaries) Regulations, and imposes obligations on the Minister and Defence Force members to adhere to these provisions. Breaches of these provisions may result in civil or criminal consequences, although the exact penalties are not specified in the provided text.