Statutory Rules
1978 No. 3
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this eleventh day of January 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS†
Annual rate of salary payable to officers
1. Regulation 7 of the Defence Force (Salaries) Regulations is amended—
(a) by omitting “ The ” and substituting “ Subject to sub-regulation (2), the ”;
(b) by adding at the end thereof the following sub-regulation:
“ (2) Where a medical officer or a dental officer is promoted to a higher rank, or appointed to hold temporarily a higher rank, and the rate of salary applicable to the officer in respect of his service in that higher rank during a period is less than the rate of salary that would have been applicable to the officer in respect of his service during that period if he had not been so promoted or appointed, the rate of salary applicable to his service during that period shall be that higher rate.”.
Application
2. The amendment effected by regulation 1 applies in relation to service by members of the Defence Force after 10 October 1977.
* Notified in the Commonwealth of Australia Gazette on 16 January 1978.
† Statutory Rules 1973, No. 100 as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93, and 208; 1975, Nos. 34, 149, 163, and 197; 1976, Nos. 3, 13, 48, 81, 120, 130, 136, 197, 239 and 263; 1977, Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216; and 1978, No, 2.
Overview
Statutory Rules 1978 No. 3, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted to amend the Defence Force (Salaries) Regulations. These regulations were introduced to address discrepancies in salary rates for medical and dental officers upon promotion or temporary appointment to a higher rank. The problem was that officers could receive a lower salary in their new rank than they would have in their previous rank, which was deemed inequitable. The Governor-General, acting with the advice of the Federal Executive Council, issued these regulations on 11 January 1978, with the policy objective to ensure that officers receive a fair salary reflective of their new rank, thereby maintaining morale and incentivising career progression within the Defence Force.
Scope and Application
The Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 pertain to members of the Defence Force, specifically addressing the annual rate of salary payable to officers. This legislative instrument applies to medical and dental officers within the Defence Force who are promoted to a higher rank or temporarily appointed to a higher rank, effective from 10 October 1977. The regulations clarify that if the salary rate applicable to these officers during their service in the higher rank is less than what would have been applicable had they not been promoted or appointed, the rate shall be adjusted to the higher rate. The scope of this legislation is limited to the salary adjustments of specified officers within the Defence Force, and it does not extend to other categories of personnel or to different types of employment within the Defence sector.
Key Provisions
The main operative sections of these Regulations (regulations 1 and 2) amend the Defence Force (Salaries) Regulations to adjust the salary rates for medical and dental officers when they are promoted to a higher rank or temporarily hold a higher rank. Regulation 1 specifically modifies regulation 7 to ensure that if a medical or dental officer's salary for a higher rank is less than what it would have been without the promotion, the officer's salary for that period will be adjusted to the higher rate. Regulation 2 clarifies that these amendments apply to service provided by Defence Force members after 10 October 1977.
The Regulations impose certain obligations and requirements on the Defence Force, particularly concerning the adjustment of salaries for medical and dental officers. They ensure that officers who are promoted or temporarily hold a higher rank receive the appropriate salary rate, which is the higher rate if it exceeds the rate applicable to their service without the promotion. This adjustment is intended to maintain fairness and consistency in the compensation of these officers.
Failure to comply with these Regulations could lead to legal consequences, although the specific provisions do not detail any offences or penalties directly within the Regulations themselves. Typically, non-compliance with regulations governing salaries and service conditions in the Defence Force could result in administrative penalties, disciplinary action, or other corrective measures as prescribed by the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The precise penalties would depend on the nature and severity of the breach, as outlined in these primary Acts and any related legislation.