EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 358
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL 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 122 of the Naval Financial Regulations provides for payment of an “education allowance” to a member of the Navy 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. The regulation provides 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 (3A) and (3B) by increasing the amount paid by the member and the prescribed maximum rates of education allowance 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. 358, issued under the authority of the Minister for Defence, were enacted to amend the Naval Financial Regulations, specifically targeting the education allowance for Navy members. This legislation responds to the need for updating the financial provisions concerning educational support for Navy personnel, aligning them with the revised rates for the Australian Public Service. The Defence Amendment Act 1979 provides the legislative framework for such amendments, enabling the Minister to implement interim changes to regulations. The policy objective is to ensure that the education allowance reflects current standards, thereby supporting Navy members in maintaining their children's education without undue financial strain. The changes took effect from 1 January 1982, with the exception of the increase in the amount paid by the member, which was effective from the date of the gazette of the Statutory Rules.
Scope and Application
The Naval Financial Regulations Amendment (Education Allowance) Statutory Rules 1982, issued under the authority of the Minister for Defence, pertain to members of the Australian Navy who are relocated within Australia and are responsible for maintaining their child’s education at a secondary school outside their new locality to prevent disruption. The Act, specifically Section 12 of the Defence Amendment Act 1979, empowers the Minister to enact interim determinations that amend or repeal regulations, which are considered Statutory Rules. The regulation in focus, Regulation 122, originally provided for an “education allowance” to be paid to affected Navy members, and these amendments adjust the sub-regulations (3A) and (3B) to align the allowable amounts with those for the Australian Public Service. The changes are effective from 1 January 1982, with an exception for the increased payment by the member, which takes effect from the date the Statutory Rules were gazetted. The Act applies specifically to Navy members within Australia and does not extend to other military branches or civilian employees.
Key Provisions
The operative sections of these Statutory Rules, made under the authority of the Defence Amendment Act 1979, amend Regulation 122 of the Naval Financial Regulations (sections 1 and 2). These sections adjust the education allowance paid to Navy members who relocate within Australia and continue to support their child’s secondary education in a different locality. Specifically, they revise the sub-regulations (3A) and (3B) to increase the contribution made by the member and the maximum allowable rates of the allowance, aligning them with the updated rates for the Australian Public Service. This change ensures that the financial support provided is consistent with current public sector standards.
These Statutory Rules impose specific obligations on both the members of the Navy and the Defence Department. Navy members who are posted to a new locality in Australia and continue to educate their children in the previous locality must adhere to the new payment structures set forth in the amended sub-regulations. They are required to contribute a higher initial amount towards their child’s education costs and are entitled to an increased education allowance. The Defence Department, on the other hand, is mandated to implement these changes and ensure that the correct amounts are calculated and disbursed in accordance with the revised rates.
Failure to comply with the provisions of these Statutory Rules may lead to legal consequences. Although the specific offences and penalties are not detailed in the Statutory Rules themselves, breaches of the Defence Amendment Act 1979 or the Naval Financial Regulations could result in administrative, civil, or criminal penalties. The consequences for non-compliance could include financial restitution, fines, or other legal actions, depending on the nature and severity of the breach. The exact penalties would be determined by the relevant courts or administrative bodies in accordance with applicable laws.
The changes to the education allowance rates, effective from 1 January 1982, are designed to maintain parity with the Australian Public Service rates. However, the increase in the amount to be paid by the member comes into effect from the date of gazettal of the Statutory Rules, ensuring that members are aware of and can plan for this change promptly. This staggered implementation helps mitigate any immediate financial strain on the members while still aligning the allowance with current standards.