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.
Overview
The Military Financial Regulations (Amendment) 1990 was enacted to address the deficiencies in the existing regulations concerning the medical treatment entitlements of Defence Force members. The Act, issued by the authority of the Minister for Defence Science and Personnel, aimed to rectify the inadequate and inconsistent provisions that previously governed the health care entitlements of members of the Army, Navy, and Air Force. The primary policy objective was to ensure that members receive appropriate medical and dental treatment to maintain their health for effective duty performance, while also standardising the definitions to eliminate ambiguities and ensure comprehensive coverage. This amendment sought to create a uniform approach across the services, ensuring that all members, including those on continuous full-time service, receive necessary health care aligned with the operational needs of the Defence Force.
Scope and Application
The Military Financial Regulations (Amendment) Statutory Rule 1990 No. 286 amends the Military Financial Regulations made under the Defence Act 1903, primarily concerning the entitlement of Army members to medical and dental treatment. The rule applies to members of the Australian Defence Force, specifically the Army, including those on continuous full-time service. The amendments aim to provide a more explicit and uniform standard of health care required for members to perform their duties effectively, replacing vague provisions with standardised regulations that specify the level of treatment needed to maintain the health of members. These changes ensure consistency in the interpretation and application of the entitlements across the Army, Navy, and Air Force. The application of these regulations is governed by the conditions set by the Minister, taking into account the availability of facilities, the member’s role, and the operational needs of the Defence Force. The rule comes into effect on the date of its gazette, ensuring immediate application to the specified entities.
Key Provisions
The Military Financial Regulations (Amendment) Statutory Rule 1990 No. 286, issued under the authority of the Minister for Defence Science and Personnel, aims to amend and clarify the existing financial regulations for the Australian Defence Force, particularly focusing on medical treatment entitlements for Defence Force members. The rule specifically targets regulations 259 and 260 of the Military Financial Regulations, as well as corresponding provisions in the Naval Financial Regulations and Air Force Regulations, to ensure that these provisions are uniform and clearly defined. Regulation 259, as amended, now provides that members of the Army are entitled to medical and dental treatment necessary to maintain their health for the purpose of fulfilling their duties. This entitlement is subject to conditions set by the Minister, taking into account factors such as available facilities, the member’s role, and operational requirements of the Defence Force.
The obligations imposed by the amendment on the Defence Force and its members are primarily concerned with the administration and receipt of medical and dental treatment. The Minister is tasked with determining the conditions under which these entitlements are to be met, ensuring that the health care provided is adequate and appropriate for the operational needs of the Defence Force. Members of the Army, including those on continuous full-time service, must comply with these conditions to receive the entitled treatment. Additionally, the amendment requires that the definitions used in the Military Financial Regulations be standardised to eliminate ambiguity and provide clear guidance on what constitutes acceptable treatment under the regulations.
The Military Financial Regulations (Amendment) Statutory Rule also outlines the consequences of non-compliance with the new provisions. While the rule itself does not specify particular offences or penalties for breaches, the overarching legislation under which these regulations are made, the Defence Act 1903, provides a framework for enforcement. Breaches of the regulations could potentially lead to disciplinary action against Defence Force members or administrative penalties imposed by the Minister. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the provisions of the Defence Act. However, the overarching intent is to ensure that all members receive the health care they are entitled to in order to maintain the operational readiness of the Defence Force.