Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 362, issued under the authority of the Minister for Defence, repeals regulation 280 of the Naval Financial Regulations 1982. This change was enacted to align with the updated Defence Act 1903, specifically addressing the payment of a locum tenens allowance for Naval Reserve members who require a temporary replacement for their private practices while they are on reserve training. The interim determination, 0197, Locum Tenens Allowance, made under section 58B of the Defence Act 1903, provides the new framework for such allowances and thus necessitates the repeal of the existing regulation to ensure consistency and compliance across the defence services. The policy objective is to streamline and modernise the regulations governing financial allowances within the defence sector.

Scope and Application

The Naval Financial Regulations, as amended by Statutory Rules 1982 No. 362, pertain specifically to the financial arrangements for members of the Naval Reserve in Australia. The regulation in question, originally regulation 280, was concerned with the payment of a locum tenens allowance to certain Naval Reserve members who had to arrange for a locum tenens to cover their private practices during periods of absence for reserve training. This allowance was intended to support these members in maintaining their professional obligations while fulfilling their military commitments. The regulation applied to members of the Naval Reserve who met the criteria for being eligible for such an allowance. The regulation was repealed and replaced by Determination 0197, Locum Tenens Allowance, a tri-Service determination made under section 58B of the Defence Act 1903. The repeal of regulation 280 took effect from the date Determination 0197 was made, thus updating and consolidating the allowance provisions across the Australian Defence Force.

Key Provisions

The main operative sections of this Statutory Rule revolve around the amendment and repeal of regulation 280 of the Naval Financial Regulations, as stipulated under section 12 of the Defence Amendment Act 1979 (section 1). This amendment is made to accommodate the new tri-Service determination, Determination 0197, Locum Tenens Allowance, which has been issued under section 58B of the Defence Act 1903 (section 2). This new determination replaces the old regulation, and the repeal of regulation 280 takes effect on the day Determination 0197 is made (section 3). The purpose of this change is to streamline and standardise the locum tenens allowance process across the Naval Reserve, Army Reserve, and Air Force Reserve. Under the repealed regulation 280, certain members of the Naval Reserve were entitled to receive a locum tenens allowance when they had to cover for their private practices while they were away for reserve training. This allowance was meant to compensate for the expenses incurred by the members in hiring someone to fill in for them during their absence. The obligations imposed on the members were to ensure they had a locum tenens in place when required and to submit the necessary documentation to receive the allowance. The obligation on the Department of Defence was to process the claims and make the payments as per the regulation. The new tri-Service determination, Determination 0197, Locum Tenens Allowance, imposes similar obligations on the members of the Naval Reserve, Army Reserve, and Air Force Reserve. They are required to ensure they have a locum tenens in place when required and to submit the necessary documentation to receive the allowance. The Department of Defence is required to process the claims and make the payments as per the determination. However, the key difference is that this determination now applies to all three services, ensuring a consistent approach to the locum tenens allowance process across the board. Failure to comply with the provisions of the repealed regulation 280 or the new tri-Service determination, Determination 0197, Locum Tenens Allowance, may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not mentioned in the Statutory Rule. It is essential for the parties involved to adhere to the requirements of the legislation to avoid any potential repercussions. The penalties for breaches of the regulations may vary depending on the severity of the breach and the jurisdiction in which it occurs. It is advisable for the parties to seek legal advice to understand the potential consequences of non-compliance fully.