Overview

The Military Superannuation and Benefits (Eligible Members) Amendment (Employment Categories – Army) Declaration 2014 was enacted to address the need for updating the rank requirements for certain military personnel within specified categories to be eligible for benefits under the Military Superannuation and Benefits Act 1991. This amendment was introduced by the Parliament of Australia to ensure that the criteria for eligibility for benefits remain fair and relevant to the changing structure and roles within the Australian Defence Force. The specific amendment pertains to the Army Specified Category of Special Air Service Trooper Grade 2/3, adjusting the rank requirement from Corporal to Trooper, which was implemented to better align with the current operational roles and the opportunities for promotion within these categories. This amendment was developed in consultation with relevant military and legal authorities and does not require disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Military Superannuation and Benefits Act 1991 applies to certain members of the Australian Defence Force who were members of the Military Superannuation and Benefits Scheme before 6 October 2005. The Act provides for the payment of a retention benefit to eligible members who have completed 15 years of continuous eligible service. The Act applies to members who hold a rank not lower than Major or equivalent (or who were previously an enlisted member), those who hold the rank of Sergeant or equivalent, or those declared by the Minister to be eligible members. The Act includes an amendment to the Army Specified Category of Special Air Service Trooper Grade 2/3, lowering the rank requirement from Corporal to Trooper from 16 September 2014. This amendment is applicable to the Commonwealth jurisdiction and does not specify any exclusions or thresholds. Subordinate instruments may extend or restrict the application of the Act.

Key Provisions

The Military Superannuation and Benefits Act 1991, as amended, contains provisions that are designed to provide retention benefits to eligible members of the Military Superannuation and Benefits Scheme who have completed 15 years of continuous service. These members are typically those who have attained a minimum rank, such as an officer not lower than Major or equivalent, an enlisted member who holds the rank of Sergeant or equivalent, or those declared eligible by the Minister (section 30(1)(f)). The Act also provides for the adjustment of the eligibility criteria for certain employment categories, as demonstrated in this amendment concerning Army members. The key provision of this amendment is the adjustment of the rank requirement for the Army Specified Category of Special Air Service Trooper Grade 2/3 from Corporal to Trooper. This change is detailed in Schedule 1, item 2.28, which closes the eligibility for the rank of Corporal as of 17 September 2014, and item 2.28A, which opens the eligibility for the rank of Trooper from 16 September 2014 (Schedule 1, item 2.28A). This change aims to ensure that members in specified categories who do not have the opportunity for normal promotion can still be eligible for retention benefits. The obligations imposed by the Act on the parties or entities it governs include ensuring that eligible members are identified correctly and that retention benefits are provided to those who meet the criteria. The Minister has the authority to declare certain members as eligible under specific conditions, such as when normal promotion opportunities do not exist. The Act also mandates that the Director General Personnel - Army and Defence Legal be consulted in the development of amendments, as evidenced by the consultation undertaken during the development of this amendment. The Act does not explicitly state offences or penalties for breaches; however, failure to comply with the requirements of the Act could potentially lead to legal challenges or administrative consequences. The legislative instrument is subject to the legislative requirements set out in the Legislative Instruments Act 2003, and it is not subject to disallowance. The impact on businesses and individuals is considered to be low, and no further regulatory analysis was required. This amendment is compatible with human rights, providing an additional financial benefit that assists affected members in exercising their right to just and favourable conditions of work.