EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 55
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Sub-regulation 8(1A) of the Defence Force (Salaries) Regulations provides that where a member of the rank of Private attains a certain level of training, proficiency and experience he may be paid as if he were a Lance Corporal.
These Statutory Rules amend sub-regulation 8(1A) to provide that all such service as a Private shall be deemed to be service as a Lance Corporal.
Sub-regulation 8(2) of the Defence Force (Salaries) Regulations prescribes that a member’s service in a rank for salary purposes shall be actual service completed in that rank.
These Statutory Rules extend sub-regulation 8(2) to provide that where a member is reduced or reverted to the rank of Corporal, Lance Corporal, Private or equivalent rank, he may be paid in respect of service that he has previously served in that rank.
The amendments are necessary to permit the introduction of increments of salary for members below the rank of Sergeant and equivalent as recommended by the Committee of Reference for Defence Force Pay in its report on salary structure dated 4 November 1981.
The Committee’s recommendations were approved by the Government on 15 December 1981, effective from 5 November 1981.
Overview
The Statutory Rules 1982 No. 55, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations. Enacted by the Parliament of Australia, these regulations address a gap in the existing salary structure for members of the Defence Force below the rank of Sergeant. Specifically, the amendments cater to the recommendations made by the Committee of Reference for Defence Force Pay, which were approved by the Government and effective from 5 November 1981. The primary policy objective of these amendments is to ensure that members who have attained a certain level of training, proficiency, and experience are appropriately compensated by being deemed to serve as a higher rank, thereby facilitating the introduction of salary increments for these members.
These amendments were necessary to implement the salary structure recommendations of the Committee of Reference for Defence Force Pay, aimed at providing a more equitable remuneration system for Defence Force personnel below the rank of Sergeant. The changes to sub-regulation 8(1A) ensure that service as a Private is recognised as service as a Lance Corporal, while the extension of sub-regulation 8(2) allows for salary considerations based on previous service in a rank when a member is reduced or reverted to that rank. This legislative action seeks to improve the fairness and accuracy of salary payments within the Defence Force.
Scope and Application
The Statutory Rules 1982 No. 55, issued under the authority of the Minister for Defence, pertain to amendments of the Defence Force (Salaries) Regulations, in line with section 12 of the Defence Amendment Act 1979. These amendments are specifically aimed at the payment structures for members of the Defence Force, particularly those in the lower ranks, and are intended to implement salary increments recommended by the Committee of Reference for Defence Force Pay. The rules apply to Defence Force personnel who have attained a certain level of training, proficiency, and experience and are thus eligible for payment as if they were in a higher rank. Notably, these changes deem service as a Private to be equivalent to service as a Lance Corporal for salary purposes, and extend the provision to include payments for service previously completed in certain ranks upon reduction or reversion. This amendment ensures that all relevant service is accounted for in salary calculations, thus providing a comprehensive adjustment to the salary structure for affected members.
Key Provisions
The key operative sections of these Statutory Rules include sub-regulation 8(1A) and sub-regulation 8(2) of the Defence Force (Salaries) Regulations. Under sub-regulation 8(1A), any Private who has attained a specified level of training, proficiency, and experience is to be paid as if they were a Lance Corporal. This amendment ensures that all service rendered as a Private will be deemed as service as a Lance Corporal. Sub-regulation 8(2) has been extended to allow for payment in respect of service previously completed when a member is reduced or reverted to the rank of Corporal, Lance Corporal, Private or an equivalent rank. This change ensures that salary calculations take into account the full service history of the member in the respective ranks.
These Statutory Rules impose obligations on both the Defence Force and its members. The Defence Force must ensure that members who meet the specified criteria for training, proficiency, and experience are compensated appropriately, as if they were in a higher rank. Members, on the other hand, must maintain the required standards of training, proficiency, and experience to qualify for the higher salary increments. Additionally, the Defence Force must update its records and payment systems to reflect these changes in rank equivalency for salary purposes.
Breaches of these provisions may result in legal consequences, though the specific offences and penalties are not detailed in the Statutory Rules. Generally, non-compliance with salary regulations could lead to administrative or disciplinary actions within the Defence Force. There are also potential civil or criminal penalties for wilful misrepresentation or fraud in the context of salary claims, although the exact penalties would depend on the severity of the breach and applicable laws. In serious cases, members could face disciplinary action up to and including discharge from service, while administrative errors may result in financial penalties or corrections to salary records.