Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1981 No. 1231, titled "Defence Force (Salaries) Regulations (Amendment)", was enacted to address specific gaps in the Defence Force (Salaries) Regulations, aiming to ensure that allowances for certain military personnel are correctly managed and not duplicated. This legislative instrument was introduced by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, reflecting a policy objective to streamline and clarify the allowance structure for Defence Force members. The Interim Determination under section 12 of the Defence Amendment Act 1979 seeks to rectify inconsistencies by amending the Defence Force (Salaries) Regulations to exclude certain allowances from the Separation Allowance where other specific allowances apply, thereby preventing overlap and ensuring appropriate remuneration for Defence Force members in high-risk or specialised roles.

Scope and Application

The Statutory Rules 1981 No. 1231, Defence Force (Salaries) Regulations 2 (Amendment), provides amendments to the Defence Force (Salaries) Regulations. This interim determination, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, specifically addresses the payment of Separation Allowance to members of the Australian Defence Force. The amendments exclude certain allowances from being payable concurrently with the Separation Allowance, specifically those outlined in Determination 0118 (Special Action Forces Allowance), Determination 0203 (Sea-going Allowance), and Determination 0204 (Submarine Service Allowance). This interim determination aligns with the broader legislative framework under the Defence Act 1903 and is effective from the date Determination 0118 is made. The regulations apply to members of the Defence Force and are subject to the jurisdictional reach of the Commonwealth of Australia. Subordinate instruments may further extend or restrict the application of these regulations.

Key Provisions

The main provisions of this Interim Determination involve amendments to the Defence Force (Salaries) Regulations, particularly focusing on the separation allowance and the interpretation of the rate of salary. Specifically, Regulation 12 is amended to clarify that a separation allowance is not payable if a member is entitled to certain allowances under specific determinations (section 1). In addition, Regulation 14c is modified to include a new reference to "Determination 0118, Special Action Forces Allowance" in the definition of "rate of salary" (section 2). These changes are set to take effect on the date when Determination 0118, Special Action Forces Allowance, is enacted under section 58b of the Defence Act 1903 (section 3). The obligations imposed by this Interim Determination primarily revolve around the administration of separation allowances and the interpretation of salary rates. Defence personnel and relevant administrative bodies must ensure that the new provisions regarding the separation allowance are correctly applied, particularly in cases where other specific allowances are in effect. This involves verifying eligibility for the allowances mentioned and ensuring that the separation allowance is not erroneously paid in these circumstances. Additionally, the interpretation of the rate of salary must now include the consideration of "Determination 0118, Special Action Forces Allowance," which will affect how salary rates are calculated and applied. The Interim Determination does not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with the new provisions could lead to financial discrepancies or misapplication of allowances, which may result in administrative penalties or corrections. Such breaches could potentially impact the financial entitlements of Defence personnel, necessitating accurate and timely adherence to the updated regulations. The exact nature and severity of penalties would depend on the specific circumstances of non-compliance and would be determined by the relevant administrative or judicial authorities within the Defence framework.