EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 45
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.
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 provide that the service of a chaplain in the Navy who performed the duties of Senior Chaplain during the period 1 July 1981 to 4 November 1981 be counted as service as a Principal Naval Chaplain for the purpose of assessing increments.
These Statutory Rules also provide for such chaplains to be paid salary at an increased rate for that period.
Overview
The Statutory Rules 1984 No. 45, issued under the authority of the Minister for Defence, represent amendments to the Defence Force (Salaries) Regulations. Enacted in response to a specific gap identified in the service recognition and remuneration of chaplains within the Navy, these Statutory Rules were formulated to ensure that chaplains who served as Senior Chaplains between 1 July 1981 and 4 November 1981 are appropriately credited with service as Principal Naval Chaplains for the purpose of assessing salary increments. This amendment was necessary to address the oversight in recognising the seniority and duties performed by these chaplains during the specified period. The policy objective underlying these changes is to ensure fair and accurate remuneration for the service rendered by Defence Force members, reflecting their roles and responsibilities during their tenure.
Scope and Application
The Statutory Rules 1984 No. 45, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to address specific salary increments for a chaplain in the Navy who served as Senior Chaplain between 1 July 1981 and 4 November 1981. This amendment applies to individual chaplains within the Defence Force who meet the criteria of having served in the specified role during the designated period. The amendment ensures that their service during this time is recognised as service as a Principal Naval Chaplain for the purpose of assessing salary increments. This change is applicable within the Commonwealth of Australia and extends to all Defence Force personnel who meet the specified conditions, ensuring a fair assessment of their service and remuneration. The regulations provide for increased salary rates for the chaplains during the relevant period, reflecting the importance of their duties. These Statutory Rules do not introduce any exclusions or exemptions and are specific to the identified service period and role, thereby maintaining the integrity and specificity of the Defence Force (Salaries) Regulations.
Key Provisions
The main operative sections of the Statutory Rules (C2004L04432) focus on adjusting the Defence Force (Salaries) Regulations to account for specific periods of service and duties performed by chaplains within the Navy. Specifically, section 1 of these rules modifies the existing regulations to ensure that the service of a chaplain who acted as the Senior Chaplain from 1 July 1981 to 4 November 1981 is recognised as service as a Principal Naval Chaplain for the purposes of assessing salary increments (Section 1(1)). Additionally, these rules provide for an increased salary rate for chaplains during the same period (Section 1(2)).
The obligations imposed by these Statutory Rules are primarily on the Department of Defence and the affected chaplains. The Department is required to re-evaluate the salary increments for the specified period for chaplains who fulfilled the role of Senior Chaplain, ensuring that their service is appropriately recognised and compensated (Section 1(1)). Chaplains who served as Senior Chaplain during the designated period must ensure their records reflect this service to be eligible for the increased salary rate (Section 1(2)). These rules also mandate that any adjustments to salary be documented and processed in accordance with the Defence Force (Salaries) Regulations.
Failure to comply with the provisions set forth in these Statutory Rules may result in significant consequences. While the rules themselves do not explicitly outline penalties for non-compliance, breaches of the Defence Force (Salaries) Regulations generally may lead to disciplinary action or legal consequences as per the Defence Force Discipline Act 1982. Non-compliance could also result in financial discrepancies or audits by the Department of Defence, which could potentially lead to repayment of any erroneously paid amounts. The exact penalties would depend on the nature and severity of the breach, but they could include financial penalties, administrative sanctions, or other corrective measures deemed necessary by the Department.