Naval Financial (Citizen Forces) Regulations (Amendment)

Overview

The Statutory Rules 1962 No. 18, Regulations under the Naval Defence Act 1910-1952, were enacted by the Governor-General in accordance with advice from the Federal Executive Council on 22 February 1962. These Regulations were introduced to amend the Naval Financial (Citizen Forces) Regulations, specifically addressing the locum tenens allowance for officers in the Medical and Dental Branches. The problem they sought to resolve was the need to adjust the rates of allowance to reflect changes in service requirements and to ensure fair compensation for officers who employed locum tenens during their continuous training. The policy objective is to provide a fair and updated remuneration structure that aligns with the operational needs of the Naval Defence forces. The amendments, as notified in the Commonwealth Gazette on 1 March 1962, set the rate of locum tenens allowance for Medical Branch officers at Seven pounds seven shillings per day and for Dental Branch officers at Three pounds three shillings per day. These adjustments applied retroactively to days of continuous training on and after 1 November 1961, prior to the commencement of these Regulations. This legislative instrument was authorised by the Commonwealth Government Printer, Canberra, and it took effect on 22 February 1962.

Scope and Application

The Regulations under the Naval Defence Act 1910-1952, specifically amending the Naval Financial (Citizen Forces) Regulations, apply to officers of the Medical and Dental Branches within the citizen forces of the Australian Defence Force. These amendments focus on the adjustment of locum tenens allowance rates for officers in these branches. The changes affect officers who employ locum tenens while performing continuous training, with the new rates set to apply from 1 November 1961 up until the date these Regulations commence. The regulations are enacted at the Commonwealth level, binding on all relevant officers across Australia as per the overarching authority of the Naval Defence Act 1910-1952. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, but their application is inherently limited to the specified branches and the outlined circumstances of employing locum tenens. The scope of these amendments is confined to financial allowances and does not extend to other aspects of the officers' duties or the broader operations of the Australian Defence Force.

Key Provisions

The main operative sections of these Regulations under the Naval Defence Act 1910-1952 pertain specifically to the amendments of the Naval Financial (Citizen Forces) Regulations, particularly focusing on the locum tenens allowance (Regulation 21). The Regulations adjust the rates of locum tenens allowance payable to officers of the Medical and Dental Branches. Previously, the allowance was set at a uniform rate of Three pounds three shillings per day. The amendments now specify that officers of the Medical Branch should receive Seven pounds seven shillings per day, whereas officers of the Dental Branch should receive Three pounds three shillings per day (Regulation 21(2) and (3)). Furthermore, these new rates apply to any days of continuous training on or after 1 November 1961, but before the commencement date of these Regulations. These Regulations impose specific obligations on the relevant authorities to ensure that the correct rates of locum tenens allowance are paid to the eligible officers. The authorities must calculate and disburse the allowances according to the new rates specified, effective from the dates mentioned. The obligations extend to ensuring that officers who employed locum tenens during their continuous training between 1 November 1961 and the commencement date of these Regulations receive the appropriate compensation retroactively, as per the amended provisions. The Regulations do not explicitly mention any offences, penalties, or consequences for breach. However, failure to comply with the stipulated obligations could potentially lead to legal repercussions under the overarching Naval Defence Act 1910-1952, including potential administrative or disciplinary actions. While the Regulations themselves do not delineate specific penalties, non-compliance could result in financial discrepancies or disputes regarding the correct allowance amounts, which might necessitate legal adjudication to resolve.