EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 307
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 increase the rate of salary payable to an officer who has been commissioned from the ranks when his salary, prior to appointment as an officer, was greater than the salary scale applicable to the rank to which he has been commissioned. Previously, the member was paid salary at a rate equal to his previous salary until such time as he became entitled to a higher rate by normal progression through increments and by promotion.
This amendment implements, with effect from 5 November 1981, a recommendation 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.
Overview
The Statutory Rules 1982 No. 307, issued under the authority of the Minister for Defence, pertains to amendments of the Defence Force (Salaries) Regulations. Enacted to address a gap in the salary structure for officers commissioned from the ranks, this regulation was introduced to ensure that these officers receive appropriate remuneration based on their previous salary prior to their commission. The Defence Amendment Act 1979 empowers the Minister to make interim determinations to amend or repeal regulations, which are subsequently deemed to be Statutory Rules. The policy objective of these Statutory Rules is to implement a recommendation from the Committee of Reference for Defence Force Pay, ensuring fair compensation for officers transitioning from enlisted ranks to commissioned roles. The rules were enacted following the Minister’s approval on 28 October 1982 and took effect from 5 November 1981.
Scope and Application
The Defence Force (Salaries) Regulations, as amended by the Statutory Rules 1982 No. 307, apply to officers in the Defence Force who have been commissioned from the ranks and had a previous salary higher than the scale applicable to their new rank. These regulations specify the increased rates of salary that such officers are entitled to, effective from 5 November 1981. This amendment aligns with the recommendations of the Committee of Reference for Defence Force Pay, approved by the Minister on 28 October 1982, and represents a departure from the previous practice where officers were paid at their former salary until they qualified for a higher rate through normal progression and promotions. The rules are applicable across the Commonwealth of Australia, as they are issued under the authority of the Minister for Defence and are subject to the Defence Amendment Act 1979. No specific exclusions or thresholds are mentioned in the text, and the application of these regulations is straightforward without additional subordinate instruments.
Key Provisions
The primary operative sections of these Statutory Rules (No. 307) pertain to the amendment of the Defence Force (Salaries) Regulations, specifically targeting the salary rates for Defence Force officers who have been commissioned from the ranks. Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that can amend or repeal regulations, and these determinations are deemed to be Statutory Rules. According to these amendments, an officer who has been commissioned from the ranks will now be entitled to a salary rate that reflects their previous salary, provided it was greater than the salary scale applicable to the rank to which they have been commissioned. This change ensures that such officers do not experience a reduction in their salary upon their appointment as officers.
The Statutory Rules impose specific obligations on the relevant parties, primarily the Defence Force and the Minister for Defence. The Defence Force is required to adjust the salary scales to ensure that officers commissioned from the ranks are paid in accordance with their previous salary rates, if those rates were higher than the applicable officer salary scales. The Minister for Defence, through the issuance of these Statutory Rules, has mandated the implementation of the recommendations made by the Committee of Reference for Defence Force Pay. These recommendations were approved by the Minister on 28 October 1982, and the Statutory Rules reflect these approved changes, which took effect from 5 November 1981.
Failure to comply with these Statutory Rules could result in legal consequences for the Defence Force and potentially the Minister for Defence. Although specific penalties are not detailed within the text, non-compliance could lead to legal challenges or administrative actions. The implications of such breaches could involve financial restitution or corrective measures to ensure that affected officers receive the appropriate salary adjustments. The overarching intent of these rules is to uphold fair remuneration practices within the Defence Force, ensuring that officers transitioning from enlisted ranks to commissioned officer status maintain their rightful salary entitlements.