EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 53
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
These Statutory Rules amend the Defence Force (Salaries) Regulations to provide for a restructure of, and increases in, salaries for members of the Defence Force rendering continuous full-time service, other than trainees, certain Chaplains and certain medical and dental officers. They also provide for an increase in the rate of Service Allowance and some limiting of the range of members entitled to the allowance.
The restructure of, and increases in, salaries and the changes to the rates and conditions of Service Allowance were recommended by the Committee of Reference for Defence Force Pay in its report on salary structure dated 4 November 1981. The Committee’s recommendations were approved by the Government on 15 December 1981.
The opportunity has been taken to amend regulation 9 by omitting sub-regulation 9(3). New regulation 9A expands on the substance of that sub-regulation to clarify policy intent.
The salary and Service Allowance increases are effective from 5 November 1981.
Overview
The Defence Force (Salaries) Regulations Amendment (Salaries Restructure) Statutory Rules 1982 were enacted to address the need for restructuring and increasing salaries for members of the Defence Force, excluding trainees, certain Chaplains, and certain medical and dental officers. These Statutory Rules were issued by the authority of the Minister for Defence under Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations, which are then deemed to be Statutory Rules. The policy objective behind these amendments was to implement the recommendations made by the Committee of Reference for Defence Force Pay regarding salary structure, which were approved by the Government on 15 December 1981. The changes also include an increase in the rate of Service Allowance and a limitation on the range of members entitled to the allowance, effective from 5 November 1981.
Scope and Application
The Defence Force (Salaries) Regulations Amendment (No. 1) Statutory Rules 1982 apply to members of the Australian Defence Force who are rendering continuous full-time service, excluding trainees, certain Chaplains, and certain medical and dental officers. This legislation serves to implement a restructure of salaries and an increase for these members, as well as adjustments to the Service Allowance rate and the eligibility criteria for this allowance. These changes were recommended by the Committee of Reference for Defence Force Pay, with the recommendations subsequently approved by the government. The restructuring and salary increases are effective from 5 November 1981, while the changes to the Service Allowance are also implemented from the same date. The scope of these regulations is confined to the Australian Defence Force, and they are issued under the authority of the Minister for Defence, thus applying nationally across the Commonwealth. The regulations do not explicitly state any exclusions, exemptions, or thresholds, but they do clarify and expand upon certain conditions through the amendment and omission of specific sub-regulations, such as the removal of sub-regulation 9(3) and the introduction of new regulation 9A.
Key Provisions
The key operative sections of the Statutory Rules 1982 No. 53 (C2004L04408) are those that amend the Defence Force (Salaries) Regulations, specifically pertaining to salary restructuring and increases for members of the Defence Force (section 1), and the modification of Service Allowance (section 9). The rules mandate a salary restructure and increases for eligible Defence Force members, excluding trainees, certain Chaplains, and specific medical and dental officers (section 1). The new regulations also adjust the Service Allowance rates, narrowing the scope of those entitled to this allowance (section 9). These changes came into effect on 5 November 1981, as per the provisions of the Defence Amendment Act 1979.
The Act imposes several obligations on the parties involved. Defence Force members affected by the salary restructure and changes to the Service Allowance must adhere to the new rates and conditions as outlined in the amended regulations. The Minister for Defence is tasked with implementing these changes and ensuring that the new salary and allowance structures are properly administered. The Defence Force itself must also ensure compliance with the new regulations, including updating internal systems and processes to reflect the changes.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Statutory Rules 1982 No. 53 for breaches of the amended regulations. However, non-compliance with Defence Force regulations can typically lead to disciplinary actions under the Defence Force Discipline Act 1981, which may include penalties such as fines, reduction in rank, or even dismissal from service, depending on the severity of the breach. It is essential for all parties to adhere to the new salary and allowance structures as mandated by the Act.