EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 387
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL NAVAL FINANCIAL REGULATIONS (AMENDMENT)
The Naval Financial Regulations made under the Naval Defence Act 1910 prescribe various matters relating to the organisation and administration of the Navy.
Regulation 244- of the Naval Financial Regulations, together with regulations 259 and 260 of the Military Financial Regulations and regulations 616, 617, 617A and 630 of the Air Force Regulations prescribed the entitlement of members of the Defence Force to medical treatment.
These provisions did not adequately indicate the level of health care to which a member is entitled. Subregulation 617(1) of the Air Force Regulations provided that a member is entitled to such treatment as is required to restore the member, so far as possible, to normal health. This was inappropriate given the optimal standard of health that is required from members of the Defence Force for the proper performance of their duties. Subregulation 24M1) of the Naval Financial Regulations and regulation 260 of the Military Financial Regulations only dealt with this matter indirectly by providing that treatment of such nature and in such cases as the Minister approves should be provided to members.
In addition, there was a lack of uniformity in the definitions used in the Regulations which led to uncertainty about the matters intended to be covered.
Parallel amendments to the Military Financial Regulations, Naval Financial Regulations and Air Force Regulations have replaced the defective provisions with standardised provisions for the Army, Navy and Air Force.
This Statutory Rule implements the standardised provisions for the Navy by amending regulation 24 of the Naval Financial Regulations.
The Statutory Rule clarifies the Naval Financial Regulations by inserting standardised provisions for a member of the Navy to receive such medical and dental treatment, at the expense of the Commonwealth, as is required to keep the member healthy for the purpose of discharging his or her duties. This entitlement is subject to such conditions as the Minister determines having regard to the facilities available under the circumstances (including the place where the member is serving), the role of the member and the operational requirements of the Defence Force.
The Statutory Rule also standardises the definitions used in the Naval Financial Regulations to ensure a full and consistent coverage of treatment and associated matters, and to give coverage to members of the Navy, including Reserve members, on continuous full time service.
The Statutory Rule comes into operation on the date of gazettal.
S.R. 149/90
Overview
The Naval Financial Regulations (Amendment) Statutory Rules 1990 were enacted to address deficiencies in the existing Naval Financial Regulations made under the Naval Defence Act 1910. These regulations originally prescribed various matters related to the organisation and administration of the Navy, including the entitlement of Defence Force members to medical treatment. However, the previous provisions did not adequately clarify the level of healthcare to which members were entitled, nor did they ensure uniformity in the definitions used across the regulations. This led to uncertainty and inconsistencies in the application of medical treatment entitlements for members of the Navy. The amendment introduced standardised provisions to ensure that members of the Navy receive medical and dental treatment necessary to maintain their health for duty purposes, subject to conditions set by the Minister. The policy objective was to provide clarity and consistency in the entitlement to medical treatment, ensuring that members receive the optimal standard of health required for their roles within the Defence Force.
The enacting body was the Parliament of Australia, and the amendment was issued under the authority of the Minister for Defence Science and Personnel. The overarching aim of the amendment was to rectify the problematic provisions and to standardise the definitions and entitlements to medical treatment for members of the Navy, thereby ensuring a consistent and clear understanding of their healthcare rights and the conditions under which these entitlements apply.
Scope and Application
The Naval Financial Regulations (Amendment) Statutory Rule 1990 No. 387, issued under the authority of the Minister for Defence Science and Personnel, amends the Naval Financial Regulations made under the Naval Defence Act 1910. These regulations pertain to the organisation and administration of the Navy and specifically address the entitlement of members of the Defence Force to medical treatment. The amendment aims to rectify the previous inadequacy of the regulations in clearly defining the level of healthcare to which members are entitled, replacing vague provisions with standardised regulations that ensure a member is entitled to the medical and dental treatment necessary to maintain their health for duty purposes. The new provisions standardise the definitions used across the Naval, Military, and Air Force regulations, providing consistent coverage and clarity for all members of the Defence Force, including those on continuous full-time service. The amendment is intended to provide a clear and uniform standard of health care for Defence Force members, ensuring they meet the optimal health requirements for their roles, while also taking into account the availability of facilities and operational needs. The changes outlined in this Statutory Rule are effective from the date of its gazettal.
Key Provisions
The main operative sections of the Statutory Rules 1990 No. 387 are focused on amending the Naval Financial Regulations to ensure uniformity and clarity regarding medical and dental treatment for Navy members. Regulation 24 of the Naval Financial Regulations, as amended, now explicitly states that members of the Navy are entitled to such medical and dental treatment as is required to keep them healthy for the purpose of discharging their duties, subject to conditions determined by the Minister (Reg. 24(1)). This amendment clarifies the scope of treatment and ensures that it aligns with the optimal health standards required for Defence Force members. The regulation also standardises the definitions used, ensuring consistent coverage of treatment and associated matters across the Navy (Reg. 24(2)).
The Act imposes obligations on the Minister for Defence Science and Personnel to determine the conditions under which medical and dental treatment will be provided to Navy members, taking into account factors such as the availability of facilities, the member's role, and operational requirements of the Defence Force (Reg. 24(1)). The Act requires that these conditions are applied fairly and consistently, ensuring that all members, including those on continuous full-time service, receive appropriate care. Furthermore, the Act mandates the use of standardised definitions in the Naval Financial Regulations to avoid ambiguity and ensure comprehensive coverage of treatment-related matters (Reg. 24(2)).
In terms of consequences for breach, the Statutory Rules 1990 No. 387 do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the amended Naval Financial Regulations. However, given the statutory nature of these regulations and their foundational role in governing the administration of the Navy, non-compliance could potentially lead to disciplinary actions against the Minister or relevant Defence Force personnel. It is also important to note that failure to adhere to these regulations could result in legal challenges or disputes regarding the provision of medical and dental treatment to Navy members, which could have broader implications for the Defence Force's operational readiness and the well-being of its personnel.