EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 286
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulations made under the Defence Act 1903 prescribe various matters relating to the organisation and administration of the Army.
Regulations 259 and 260 of the Military Financial Regulations, together with regulation 24-4- of the Naval Financial Regulations and regulations 616, 617, 617A and 630 of the Air Force Regulations, prescribed the entitlement of members of the Defence Force to medical treatment.
These provisions did not adequately indicate the level of health care to which a member is entitled. Subregulation 617(1) of the Air Force Regulations provided that a member is entitled to such treatment as is required to restore the member, so far as possible, to normal health. This was inappropriate given the optimal standard of health that is required from members of the Defence Force for the proper performance of their duties. Regulation 260 of the Military Financial Regulations and subregulation 24-M1) of the Naval Financial Regulations only dealt with this matter indirectly by providing that treatment of such nature and in such cases as the Minister approves should be provided to members.
In addition, there was a lack of uniformity in the definitions used in the Regulations which has led to uncertainty about the matters intended to be covered.
Parallel amendments to the Military Financial Regulations, Naval Financial Regulations and Air Force Regulations have replaced the defective provisions with standardised provisions for the Army, Navy and Air Force.
This Statutory Rule implements the standardised provisions for the Army by amending regulation 259 and replacing regulation 260 of the Military Financial Regulations.
The Statutory Rule clarifies the Military Financial Regulations by inserting standardised provisions for a member of the Army to receive such medical and dental treatment, at the expense of the Commonwealth, as is required to keep the member healthy for the purpose of discharging his or her duties. This entitlement is subject to such conditions as the Minister determines having regard to the facilities available under the circumstances (including the place where the member is serving), the role of the member and the operational requirements of the Defence Force.
The Statutory Rule also standardises the definitions used in the Military Financial Regulations to ensure a full and consistent coverage of treatment and associated matters, and to give coverage to members of the Army, including Reserve members, on continuous full time service.
The Statutory Rule comes into operation on the date of gazettal.