EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 357
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 is 1 January 1982 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 1982 No. 357, issued by the authority of the Minister for Defence, represents an amendment to the Military Financial Regulations under the Defence Amendment Act 1979. This legislation was enacted to address the need for updating the education allowance and child education allowance rates paid to Army members who relocate either within Australia or overseas while maintaining their children's education. This amendment ensures the allowances are in line with the rates for the Australian Public Service. The primary policy objective is to provide equitable compensation to Defence personnel who face disruptions in their children's education due to relocations, thereby supporting their welfare and efficiency in service. The rules were designed to take effect from 1 January 1982, with the exception of the increased amount to be paid by the member, which commenced from the date of gazettal of the Statutory Rules.
Scope and Application
The Military Financial Regulations, as amended by these Statutory Rules, apply to members of the Australian Army who are posted either within Australia or overseas, specifically in relation to their eligibility for education and child education allowances. These allowances are provided to ensure that a member's child can continue their education without disruption when the member is posted from one locality to another or overseas. The amendments pertain to the financial contributions required from the member and the maximum rates of the allowances, aligning them with the rates applicable to the Australian Public Service. The changes, as per the Statutory Rules, are effective from 1 January 1982, with the exception of the increased amount to be paid by the member, which becomes effective from the date of gazettal of the Statutory Rules. The amendments extend to the whole of Australia and are applicable to all members of the Army who meet the specified criteria for the allowances.
Key Provisions
The main provisions of these Statutory Rules (C2004L05319) relate to the amendment of the Military Financial Regulations concerning education allowances for members of the Army. Specifically, Regulation 131(2A) and (2B), which pertain to an "education allowance" for members posted within Australia, and Regulation 159(2A) and (2B), which pertain to a "child education allowance" for members posted overseas, are being updated. The amendments are designed to align the rates of these allowances with those provided to the Australian Public Service. Regulation 131 addresses the allowance for members posted domestically, ensuring that if a member moves from one locality to another in Australia and continues to support their child's secondary education in a different locality, they receive a financial assistance known as the "education allowance." Regulation 159 deals with the allowance for members posted overseas, which supports the education of a child over the age of 9 in Australia while the member is overseas.
The Statutory Rules impose certain obligations on the parties involved, particularly the Australian Defence Force and the members of the Army who are eligible for these allowances. For those posted within Australia, they must ensure their child attends a secondary school in a different locality than their posting to qualify for the education allowance. For members posted overseas, they need to maintain their child's education in Australia to be eligible for the child education allowance. Both allowances are subject to an assessment based on the number of weeks per term the child attends school, an initial payment by the member, and adherence to the prescribed maximum rates set forth in the regulations. The member's contributions and the maximum allowable allowance are now adjusted to match the rates applicable to the Australian Public Service.
Failure to comply with the provisions of these regulations could result in civil or criminal consequences. While the specific offences and penalties are not detailed within the provided text, it is reasonable to infer that breaches of the Military Financial Regulations, including non-compliance with the education and child education allowance provisions, could lead to financial penalties, disciplinary actions, or other legal repercussions. The exact nature and severity of these consequences would depend on the specific circumstances and the applicable laws governing the Australian Defence Force and its members.