Statutory Rules 1980 No. 4071
Defence Force (Salaries) Regulations2 (Amendment)
I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated 31 December 1980.
D. J. KILLEN
Minister of State for Defence
Interpretation
Regulation 4 of the Defence Force (Salaries) Regulations is amended —
(a) by omitting from sub-regulation (1) the definition of ‘child’ and substituting the following definition:
“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of —
(a) that member;
(b) a person who has ceased to be legally married to that member;
(c) a person who has lived on a permanent and bona fide domestic basis as that member's spouse;
(d) the spouse or de facto spouse of that member;
(e) a person who has ceased to be legally married to the spouse or de facto spouse of that member; or
(f) a person who has lived with that member's spouse or de facto spouse on a permanent and bona fide domestic basis as a spouse,
who —
(g) is less than 21 years of age and is wholly or substantially dependent on that member; or
(h) is 21 years of age or over and is, through illness or infirmity, wholly or substantially dependent on that member;”;
(b) by omitting from sub-regulation (1) the definition of ‘de facto spouse’;
(c) by inserting after sub-regulation (2B) the following sub-regulation:
“(2C) In these Regulations, the expression ‘de facto spouse’ has the same meaning as in Determination 0114, Married Trainee’s Allowance made under section 58B of the Defence Act 1903.”; and
(d) by omitting from sub-regulation (3) “and (2B)” and substituting “, (2B) and (2C)”.
1. Notified in the Commonwealth of Australia Gazette on 13 January 1981.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55, 73, 132, 142, 148, 155, 174, 216, 217, 229, 249, 274, 302, 314, 333, 342, 349 and 362.
Overview
The Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1980 No. 4071 was enacted on 31 December 1980 to address the need for amendments to the definitions of 'child' and 'de facto spouse' within the Defence Force (Salaries) Regulations. This interim determination was made by the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The primary aim of this legislation was to provide a more comprehensive and inclusive definition of 'child' and to clarify the meaning of 'de facto spouse' for the purposes of the Defence Force (Salaries) Regulations, ensuring that the benefits and allowances are accurately applied to those who are eligible.
Scope and Application
The Defence Force (Salaries) Regulations 1980 No. 4071, amended by the Statutory Rules 1980 No. 4071, applies to members of the Australian Defence Force and their dependents, specifically clarifying definitions related to the status of children and de facto spouses for the purposes of salary entitlements and allowances. This regulation extends to all members of the Defence Force, encompassing the Australian Army, Royal Australian Navy, and Royal Australian Air Force, and their respective families. The amendments are designed to ensure that the benefits and allowances are correctly attributed to those who qualify under the expanded definitions, reflecting a broader interpretation of family dependency. This legislative instrument is issued under the authority of the Defence Amendment Act 1979 and is applicable on a national level across all states and territories of Australia. The regulation also references subordinate instruments, such as Determination 0114, to further define terms like "de facto spouse," thereby extending its application through these supplementary instruments.
Key Provisions
The Defence Force (Salaries) Regulations 2 (Amendment) Statutory Rules 1980 No. 4071 introduces amendments to the definition of certain terms under Regulation 4 of the Defence Force (Salaries) Regulations. These changes are intended to clarify and expand the categories of individuals who are considered dependents of Defence Force members for the purposes of salary-related benefits. Specifically, Regulation 4(1) revises the definition of 'child' to include a broader range of relationships and circumstances. This now includes children, step-children, and legally adopted children of the Defence Force member, their ex-spouses, or individuals who have lived with the member or their ex-spouse on a permanent and bona fide domestic basis. The new definition also applies to individuals who are wholly or substantially dependent due to age or infirmity, regardless of their relationship to the member.
The regulations impose several obligations on Defence Force members and the Defence Force administration. Members must accurately report their dependents in accordance with the revised definitions to ensure they receive appropriate salary-related benefits. The administration is tasked with updating their systems and procedures to reflect these changes, ensuring that all eligible dependents are recognised and supported. This includes reviewing existing records and applications to identify any discrepancies or omissions that need to be addressed.
Breaching the obligations imposed by these regulations can result in civil or administrative penalties. For instance, if a Defence Force member fails to accurately report their dependents, they may be denied benefits to which they are entitled, potentially leading to financial hardship. The administration, on the other hand, may face administrative penalties for failing to correctly implement the new definitions, which could impact the fairness and accuracy of salary-related benefits provided to Defence Force members and their families. While the specific penalties are not detailed in the statutory rules, they are likely to be aligned with the general administrative and civil penalties outlined in the Defence Act 1903 and related regulations.