EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 142
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.
Sub-regulation 7(9) provides for payment of salary to an officer -
a. who has been commissioned from the ranks; and
b. whose salary, prior to his appointment as an officer, is an amount within the salary range applicable to the rank that is next higher than the rank to which he has been commissioned,
at the increment point for the next higher rank that is immediately above his salary prior to his appointment as an officer.
An officer who has been commissioned from the ranks and whose salary, prior to his appointment as an officer, does not exceed the maximum salary for the rank to which he was commissioned is paid salary at the increment point which equals his salary prior to his appointment as an officer or, if there is no such equal point, the increment point that is next higher.
These Statutory Rules amend sub-regulation 7(9) to align the rules applicable to an officer who is paid salary at an increment point for the next higher rank to those applicable to a member who is paid salary at an increment point for the rank to which he has been commissioned.
The date of effect is the date of Gazettal of the Statutory Rules.
Overview
The Statutory Rules 1983 No. 142, issued by the authority of the Minister for Defence, represents an amendment to the Defence Force (Salaries) Regulations. Enacted to address the specific issue of salary increment points for officers commissioned from the ranks, these rules were introduced under the authority granted by section 12 of the Defence Amendment Act 1979. The primary objective of these Statutory Rules is to ensure that the salary increment rules applicable to officers who are commissioned from the ranks align with those applicable to other members of the Defence Force. This legislative amendment aims to provide clarity and consistency in the payment of salaries, addressing a specific gap in the existing regulations concerning the increment points for commissioned officers.
Scope and Application
The Defence Force (Salaries) Regulations, as amended by these Statutory Rules, apply to officers within the Defence Force who have been commissioned from the ranks and who previously held salaries within a specific range prior to their promotion. These regulations determine the rates of salary for members of the Defence Force rendering continuous full-time service, ensuring that the payment of salary reflects the officer's prior rank and salary level. Specifically, the amendments address the conditions under which an officer’s salary is set post-commissioning, aligning it with the salary increment points relevant to the officer's new rank. The amendments ensure that officers commissioned from the ranks receive salaries that appropriately reflect their previous standing, either at the same increment point or the next higher one if an exact match is unavailable. The changes are applicable across the Commonwealth of Australia, as they pertain to the Defence Force, and the effect of these Statutory Rules commences on the date they are gazetted.
Key Provisions
The main operative sections of these Statutory Rules pertain to the amendment of sub-regulation 7(9) of the Defence Force (Salaries) Regulations (sub-regulation 7(9)). This sub-regulation is concerned with the payment of salary to officers who have been commissioned from the ranks. Specifically, it addresses the salary increment points for such officers. Previously, an officer who had been commissioned from the ranks and whose salary before the appointment did not exceed the maximum salary for the rank to which they were commissioned, was paid at the increment point which equalled their salary prior to their appointment or, if there was no such equal point, the next higher increment point. However, these rules now amend sub-regulation 7(9) to ensure that the rules applicable to an officer paid at an increment point for the next higher rank are aligned with those applicable to a member paid at an increment point for the rank to which they have been commissioned (sub-regulation 7(9)).
The obligations and requirements imposed by these rules are primarily directed at Defence Force members, particularly those who have been commissioned from the ranks. These individuals must now adhere to the same salary increment rules as other members who are paid at an increment point for the rank to which they have been commissioned. This change aims to provide uniformity and fairness in the salary structure for all Defence Force members who have been promoted from enlisted ranks to officer positions. It ensures that the salary progression for these officers is in line with the established pay scales for their respective ranks.
Any breach of the provisions of these Statutory Rules may result in legal consequences for the Defence Force and its members. Although the specific civil or criminal penalties are not detailed within the Explanatory Statement, it is clear that non-compliance with the amended salary regulations could lead to disputes over salary increments, potential legal action for unfair pay practices, and other administrative repercussions. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations that govern Defence Force salaries and the enforcement of these rules.