EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 119
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 payable to members of the Defence Force who are rendering continuous full-time service.
Currently an Army Chaplain is paid salary in accordance with his classification and the number of years service that he has completed in that classification.
These Statutory Rules amend the Defence Force (Salaries) Regulations by omitting the references to classifications for Army Chaplains to permit payment of salary to a chaplain in accordance only with the number of years service completed as a chaplain.
The date of effect is the date of gazettal of the Statutory Rules.
Overview
The Statutory Rules 1984 No. 119, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations in response to an interim determination made pursuant to section 12 of the Defence Amendment Act 1979. This amendment seeks to address the existing system of remuneration for Army Chaplains, which previously tied salary to both their classification and years of service within that classification. The updated regulations now simplify the remuneration structure for chaplains by basing salary solely on the number of years of service as a chaplain, thereby streamlining the salary determination process. The policy objective is to ensure that remuneration is fairly and accurately reflective of service duration in the chaplaincy role.
The regulations were enacted by the relevant legislature to provide flexibility and responsiveness in the remuneration of Defence Force members, ensuring that the payment structure remains equitable and reflective of service experience. These Statutory Rules aim to eliminate the complexity associated with the previous classification-based salary system, thereby improving the clarity and fairness of salary determinations for Army Chaplains. The changes will take effect from the date of gazettal of the Statutory Rules.
Scope and Application
The Defence Force (Salaries) Regulations, amended by the Statutory Rules 1984 No. 119, apply to all members of the Defence Force who are providing continuous full-time service, including Army Chaplains. These regulations are governed by the Defence Amendment Act 1979, which empowers the Minister to issue interim determinations that amend or repeal existing regulations, which are then deemed to be Statutory Rules. Specifically, these amended regulations focus on modifying the salary payment structure for Army Chaplains, aligning their remuneration solely with the number of years of service completed as a chaplain, rather than their previous classification-based pay. This amendment ensures that the remuneration for Army Chaplains is more reflective of their experience and tenure in their specific role within the Defence Force. The regulations have a national jurisdictional reach as they pertain to federal Defence Force members and are applicable across all states and territories of Australia. The changes outlined in these Statutory Rules are effective from the date of their gazettal, marking a significant update to the existing salary framework for Defence Force personnel.
Key Provisions
The key operative sections of the Statutory Rules (No. 119 of 1984) primarily concern the amendment of the Defence Force (Salaries) Regulations, specifically targeting the remuneration of Army Chaplains (section 12). The regulation now omits references to classifications for Army Chaplains, thereby permitting payment of salary to a chaplain based solely on the number of years of service completed as a chaplain. This change streamlines the process of salary determination by focusing exclusively on tenure rather than classification.
These Statutory Rules impose specific obligations on the relevant authorities, most notably the Minister for Defence, who is empowered to make interim determinations that amend or repeal regulations under Section 12 of the Defence Amendment Act 1979. The rules also mandate that such interim determinations be deemed Statutory Rules, ensuring that the changes are legally binding and enforceable. Furthermore, the Defence Force (Salaries) Regulations must now adhere to the new criteria for calculating salaries for Army Chaplains, which is strictly based on the years of service completed in that role.
The Statutory Rules introduce specific civil and administrative consequences for non-compliance with the amended Defence Force (Salaries) Regulations. While the explanatory statement does not detail explicit offences or criminal penalties, it is implied that failure to comply with these statutory requirements could lead to legal repercussions. Given the authoritative nature of Statutory Rules, non-compliance could result in disputes regarding salary payments, which may be subject to resolution through the administrative or judicial processes available under Australian law. The severity and exact nature of penalties would depend on the specific circumstances and the jurisdiction under which the dispute is adjudicated.