EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO.173
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AMENDMENT OF THE MILITARY FINANCIAL 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.
Regulations 98 and 107 of the Military Financial Regulations provide for payment of travelling allowance to members of the Army making an authorized journey and meal allowance to members on duty away from home during a meal period. These Statutory Rules amend regulations 98 and 107 by increasing the rates at which these allowances are payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service. The date of effect is 1 May 1982.
Regulation 159 of the Military Financial Regulations provides for payment of Child Education Allowance to a member of the Defence Force posted overseas whose child remains at a school in Australia. This determination amends regulation 159 to prevent dual payments of education allowance being made where a member is accompanied overseas by a spouse employed in the Australian Public Service who may also be entitled to an education allowance for the same child. In such cases the allowance payable, if any, will be assessed by an approving authority in the Department of Defence in consultation with the Public Service Board. The date of effect is the date of gazettal.
Overview
The Military Financial Regulations Amendment (Travel and Allowances) Statutory Rules 1982 were issued under the authority of the Minister for Defence to amend the Military Financial Regulations. These rules address the need to align the travelling and meal allowances for members of the Army with those recently increased for members of the Australian Public Service. By doing so, they aim to ensure consistency and fairness in the allowances provided to Defence Force members and public servants. The policy objective is to reflect the changes in the cost of living and maintain the competitiveness of the remuneration packages within the public sector. The rules also introduce measures to prevent dual payments of Child Education Allowances, ensuring that allowances are appropriately assessed in situations where Defence Force members are accompanied by spouses employed in the Australian Public Service who may also be entitled to education allowances for the same child.
Scope and Application
The Statutory Rules 1982 No. 173, issued under the authority of the Minister for Defence, amend the Military Financial Regulations by increasing the rates of allowances payable to members of the Australian Defence Force. Specifically, Regulation 98 concerning travelling allowance and Regulation 107 concerning meal allowance for members on duty away from home will see an increase effective from 1 May 1982. This adjustment aligns with recent increases granted to members of the Australian Public Service. Moreover, Regulation 159, which pertains to the Child Education Allowance for Defence Force members posted overseas, has been amended to prevent the dual payment of education allowances in situations where a member is accompanied by a spouse employed in the Australian Public Service who may also be eligible for such an allowance for the same child. Instead, the allowance, if any, will be assessed by an approving authority within the Department of Defence in consultation with the Public Service Board, effective from the date of gazettal. These amendments reflect a coordinated approach to ensure equitable treatment across public service sectors.
Key Provisions
The main operative sections of the Statutory Rules 1982 No. 173 pertain to the amendment of the Military Financial Regulations (MFR) under the Defence Amendment Act 1979. Specifically, section 12 of the Defence Amendment Act allows the Minister to make interim determinations that amend or repeal regulations, which are subsequently deemed to be Statutory Rules. Regulation 98, concerning the payment of travelling allowance to Army members, and Regulation 107, concerning meal allowance for members on duty away from home, are amended to increase the rates of these allowances, effective from 1 May 1982 (Regulations 98 and 107). Additionally, Regulation 159, which deals with the payment of Child Education Allowance to Defence Force members posted overseas, is amended to prevent dual payments of education allowance in cases where a member is accompanied by a spouse employed in the Australian Public Service who is also entitled to an education allowance for the same child (Regulation 159).
The obligations imposed by these Statutory Rules primarily affect members of the Australian Defence Force. Members of the Army who undertake authorized journeys will now receive increased travelling allowances, while those on duty away from home during meal periods will receive increased meal allowances, effective from 1 May 1982. Defence Force members posted overseas with children remaining at school in Australia will also need to ensure that any education allowance claims are assessed by the approving authority in the Department of Defence in consultation with the Public Service Board, especially if the member is accompanied by a spouse employed in the Australian Public Service who might also be eligible for an education allowance.
The Statutory Rules also set out consequences for non-compliance with the new provisions. While the explanatory statement does not explicitly mention offences or penalties, it is implied that failure to adhere to the new allowance rates or the new process for determining Child Education Allowance could result in incorrect payments being made or received. Such errors might lead to financial discrepancies and require corrective actions to ensure compliance with the amended regulations. Given the context, any significant non-compliance might attract further scrutiny or administrative action to rectify the situation, although specific penalties are not detailed within the explanatory statement.