EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 278
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.
Schedule 6 of the Defence Force (Salaries) Regulations provides annual rates of salaries for Chaplains.
These Statutory Rules amend Schedule 6 by changing the title of Chaplain-General to Principal Chaplain with effect 27 September 1982, the date on which appointments to the positions of Principal Chaplain in the Army were made.
The Statutory Rules also provide for the payment of an amount of additional salary to Principal Chaplains in respect of the performance of their duties between 1 July 1981 when revised chaplaincy arrangements were introduced in the Army, and 27 September 1982 the date of formal appointment of Army Principal Chaplains.
Overview
The Statutory Rules 1982 No. 278, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations to address discrepancies arising from the restructuring of chaplaincy roles within the Australian Defence Force. Enacted pursuant to Section 12 of the Defence Amendment Act 1979, these rules are designed to ensure that the remuneration of chaplains reflects the changes in their roles and responsibilities. Specifically, the rules update the title of Chaplain-General to Principal Chaplain, effective from 27 September 1982, the date when the appointments to the new role of Principal Chaplain in the Army were formalised. Additionally, the rules provide for an additional salary payment to Principal Chaplains for their duties performed between 1 July 1981, when revised chaplaincy arrangements were introduced in the Army, and 27 September 1982, the date of formal appointment. The policy objective is to maintain equitable compensation for chaplains in alignment with their evolving roles within the Defence Force.
Scope and Application
The Statutory Rules 1982 No. 278, issued under the authority of the Minister for Defence, serves to amend the Defence Force (Salaries) Regulations as required by Section 12 of the Defence Amendment Act 1979. These rules are specifically aimed at adjusting the title and salary provisions for Chaplains within the Defence Force, effectuating a change from Chaplain-General to Principal Chaplain. The amendment reflects the restructuring of chaplaincy roles within the Defence Force, with these changes taking effect from 27 September 1982, the date when the new positions of Principal Chaplain in the Army were formally appointed. Additionally, the rules provide for the payment of an additional salary to Principal Chaplains for their service between 1 July 1981 and 27 September 1982, aligning with the introduction of revised chaplaincy arrangements in the Army. The changes are designed to ensure that remuneration accurately reflects the new roles and responsibilities associated with the title of Principal Chaplain. These regulations apply to the Commonwealth and are applicable to the members of the Defence Force involved in the specified roles.
Key Provisions
The main operative sections of these Statutory Rules, issued under the authority of the Minister for Defence, pertain to the amendment of the Defence Force (Salaries) Regulations (paragraphs 2 and 3). Specifically, they focus on updating the title of Chaplain-General to Principal Chaplain, effective from 27 September 1982, which coincides with the date when appointments to the position of Principal Chaplain in the Army were made (paragraph 2). Additionally, they address the payment of an additional salary to Principal Chaplains for their duties performed between 1 July 1981, when revised chaplaincy arrangements were introduced in the Army, and 27 September 1982 (paragraph 3).
These Statutory Rules impose specific obligations on the relevant parties, including the Defence Force and the Minister for Defence. The Defence Force is required to recognise the title change from Chaplain-General to Principal Chaplain and adjust all related records and communications accordingly. The Minister for Defence, exercising the powers granted by Section 12 of the Defence Amendment Act 1979, is mandated to implement these changes through the creation of Statutory Rules. Furthermore, the Defence Force must ensure that Principal Chaplains are compensated appropriately for their duties performed during the transitional period between the introduction of the revised chaplaincy arrangements and the formal appointment date.
Breaches of these Statutory Rules may result in various consequences. Although the specific offences and penalties are not detailed in the Explanatory Statement, it is reasonable to infer that non-compliance with statutory regulations governing Defence Force salaries could lead to administrative penalties. These might include financial penalties for underpayment or overpayment, as well as potential legal ramifications for failing to adhere to prescribed protocols. In the context of statutory rules, the consequences for non-compliance could extend to civil or criminal charges, depending on the severity and intent of the breach. However, the exact nature and maximum penalties for such breaches are not explicitly stated in the provided document.