EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO.75
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL 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.
Regulation 131 of the Military Financial Regulations provides for the payment of an “education allowance” to a member of the Army who is posted from one locality to another in Australia and maintains his child at a secondary school in a locality other than the locality of posting to prevent disruption to the child’s education.
Regulation 159 of the Military Financial Regulations similarly provides for the payment of a “child education allowance” to a member of the Army who is posted overseas and maintains a child over the age of 9 at a school in Australia.
Regulations 131 and 159 each provide for assessment of the allowance based on the number of weeks per term spent at school, the payment by the member of an initial amount of the cost of the education and a maximum prescribed rate of the allowance.
These Statutory Rules amend sub-regulations 131(2A) and (2B), and 159(2A) and (2B) by increasing the amount paid by the member and the prescribed maximum rates of education and child education allowances to accord with amended rates for the Australian Public Service.
The date of effect for child education allowance is 1 January 1983 except for the increase in the amount to be paid by the member which takes effect from the date of gazettal of the Statutory Rules.
The date of effect for education allowance is 7 October 1983 except for the increase in the amount to be paid by the member which takes effect from the date of gazettal of the Statutory Rules.
Overview
The Statutory Rules 1984 No. 75, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to adjust the education allowance and child education allowance paid to members of the Australian Army. Enacted in 1984, these rules respond to the need to align the financial support for educational costs of children of Army members with those of the Australian Public Service. The policy objective is to ensure that the allowances provided to military members are equitable and reflective of current standards set for public servants, thereby maintaining consistency in support structures across different sectors of public employment. This amendment ensures that military families receive appropriate financial assistance to support their children's education, whether the family is within Australia or stationed overseas.
Scope and Application
The Statutory Rules 1984 No. 75, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to adjust the education and child education allowances for members of the Army. These amendments apply to members of the Army who are posted within Australia or overseas and maintain their children at secondary schools. The changes specifically relate to the amount the member pays and the prescribed maximum rates of the allowances, aligning them with the rates applicable to the Australian Public Service. The application of these regulations is limited to members of the Army and their children, focusing on educational support in circumstances of relocation. The geographic scope is nationwide for the education allowance and international for the child education allowance. The rules do not specify any exclusions or exemptions but apply as per the prescribed conditions outlined in the regulations. These amendments extend the application of the existing regulations by modifying the financial parameters in accordance with updated public service rates.
Key Provisions
The Statutory Rules 1984 No. 75, issued under the authority of the Minister for Defence, amend the Military Financial Regulations (MFR) to adjust the education and child education allowances for members of the Australian Army. These amendments are made pursuant to Section 12 of the Defence Amendment Act 1979, which allows for interim determinations to amend or repeal regulations, and these determinations are considered Statutory Rules. The specific regulations being amended are sub-regulations 131(2A) and (2B) concerning the education allowance and 159(2A) and (2B) concerning the child education allowance.
The education allowance, governed by Regulation 131, is provided to Army members who relocate within Australia but maintain their children at secondary schools outside the new locality of posting to avoid disruption to the child’s education. Similarly, Regulation 159 addresses the child education allowance for Army members posted overseas who keep their children, aged over nine, in schools in Australia. Both allowances are subject to an assessment based on the number of weeks per term spent at school, the member's initial payment towards the education costs, and a maximum prescribed rate of the allowance. The amendments increase the amount paid by the member and the prescribed maximum rates of these allowances to align with the rates for the Australian Public Service.
Entities governed by these regulations, particularly the Army members who qualify for these allowances, must ensure compliance with the new prescribed rates. For the child education allowance, the amendments took effect on 1 January 1983, except for the increase in the amount to be paid by the member, which is effective from the date of gazettal of the Statutory Rules. For the education allowance, the amendments took effect on 7 October 1983, with the same exception regarding the increased member contribution.
Failure to comply with these amended regulations may result in administrative or legal consequences. While the explanatory statement does not explicitly detail specific penalties, breaches of military regulations typically can lead to disciplinary action under military law, which can include fines, reduction in rank, or other administrative sanctions. Furthermore, if the breach involves financial discrepancies, it could also potentially lead to civil or criminal liability under Australian law. The maximum penalties for such breaches would depend on the specific nature of the offence and the applicable law at the time of the breach.