EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 227
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulation (“the Regulations”), made under the Defence Act 1903, prescribe financial conditions of service for the Army.
Members of the Defence Force recieve free medical and dental treatment to maintain the level of health and fitness required for Defence Force service. However, it is the practice to recover the costs of treatment where the necessity for the treatment arose in circumstances which give a member an enforceable claim against another person (eg, a motor vehicle accident).
Regulation 262 of the Regulations enables a determination to be made requiring a member who has an enforceable claim against another person to repay the cost of treatment. The amount of the determination is then included in the member’s claim.
Formerly there was no provision to enable the revocation of such a determination where, for example, a member did not succeed in his claim or was not able to pursue it. In these circumstances, the only legal means of cancelling a member’s obligation to pay an amount determined was for the Commonwealth to waive recovery of the amount under section 70C of the Audit Act 1901.
This Statutory Rule amends regulation 262 of the Regulations to provide a power to revoke or vary determinations made under that regulation. This is achieved by providing that a determination under that regulation be made “by instrument”. Such a provision attracts the operation of sub-section 33(3) of the Acts Interpretation Act 1901 to confer a power to repeal, rescind, revoke, amend or vary that instrument.
The amendment has effect from the date of gazettal of the Statutory Rule.