EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 74
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 7 October 1983 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 1984 No. 74, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to address discrepancies in the education allowance for Navy members relocating within Australia. Enacted to align the allowance rates with those of the Australian Public Service, these amendments respond to the need for consistent and equitable treatment across different public sectors. The Defence Amendment Act 1979 empowers the Minister to make interim determinations for such regulatory changes, ensuring that the financial support provided to Navy members is both fair and reflective of current standards. This legislative action aims to support the policy objective of maintaining stability and continuity in the education of children of Navy personnel, while also providing financial parity with other public service sectors.
Scope and Application
The Naval Financial Regulations, as amended by the Statutory Rules 1984 No. 74, apply to members of the Australian Navy who are posted from one locality to another within Australia and choose to maintain their child's attendance at a secondary school in a locality different from the posting to ensure the child's education is uninterrupted. This Act pertains to the payment of an "education allowance" to such members, setting out the criteria for the allowance's assessment based on the number of weeks per term the child attends school, the member's payment of an initial amount of the education costs, and the prescribed maximum rate of the allowance. The amendments extend to the amounts paid by the members and the prescribed maximum rates of the education allowance, aligning them with the rates for the Australian Public Service. The regulations have a national jurisdictional reach within Australia and are effective from 7 October 1983, with the specific increase in member payments taking effect from the date of gazettal of the Statutory Rules.
Key Provisions
The Statutory Rules 1984 No. 74, issued under the authority of the Minister for Defence, primarily focus on amendments to the Naval Financial Regulations. The regulations in question are those concerning the payment of an "education allowance" to Navy members who relocate within Australia and continue to enroll their children in secondary schools to maintain educational continuity (Naval Financial Regulations, Regulation 122). The specific provisions of these rules amend sub-regulations (3A) and (3B) of the existing regulations to align with the updated rates applicable to the Australian Public Service.
In accordance with these amendments, the obligations on Navy members and the Defence Department have been adjusted. Navy members who relocate and continue to enroll their children in secondary schools will now be required to pay a higher initial amount towards their children's education costs. Additionally, the maximum prescribed rate of the education allowance has been increased, reflecting the changes in the Australian Public Service rates (Naval Financial Regulations, sub-regulations (3A) and (3B)). These obligations ensure that the allowance provided is fair and commensurate with the changes in public service remuneration.
Breaching the provisions of these regulations can result in certain consequences. While the Statutory Rules do not explicitly detail offences or penalties, any non-compliance with the terms of the education allowance or the payment requirements could potentially lead to administrative or disciplinary actions. The lack of specific penalties in the rules implies that breaches might be addressed through internal Defence Department procedures or other relevant legal frameworks. However, the precise civil or criminal consequences would depend on the nature and severity of the breach, as well as Defence Department policies.
The changes outlined in these Statutory Rules became effective on 7 October 1983. However, the specific amendment concerning the increased amount to be paid by the member took effect from the date of the gazette of the Statutory Rules. This staggered implementation ensures that the Defence Department has adequate time to prepare for and communicate the changes to its personnel. The timely application of these amendments helps maintain transparency and fairness in the administration of the education allowance within the Navy.