Naval Financial Regulations (Amendment)

Legislation au C1970L00061 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1970 No. 61

 

REGULATIONS UNDER THE NAVAL DEFENCE act 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1968.

Dated this first day of May, 1970.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations†

Education allowance.

1. Regulation 122 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“122.—(1.) In this regulation, ‘child’, in relation to a member, means—

(a) a child (not being an ex-nuptial child) of the member;

(b) an ex-nuptial child of the member who is, by virtue of Part VI. of the Marriage Act 1961-1966, the legitimate child of the member;

(c) a step-child of the member; or

(d) a legally adopted child of the member,

who has not attained the age of 21 years and who is not enrolled or eligible to be enrolled for a course of study at a University that will lead to being admitted by the University to a degree.

“(2.) Subject to sub-regulation (6.) of this regulation, where—

(a) the family of a member has been removed at the expense of the Department under regulation 231 of these Regulations and the member has, as a result of that removal, arranged for his child to receive full-time education at a recognized secondary school in the locality from which the family was so removed; or

(b) a member and his family are located at a place where secondary education is not available for a child of the member and the member has, as a result of the fact that secondary education is not so available, arranged for his child to receive full-time education at a recognized secondary school in another locality,

an allowance, called ‘education allowance’, is payable to the member subject to such conditions and for such period as the Naval Board, by a determination of general application, determines.

* Notified in the Commonwealth Gazette on 1 May 1970.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote to Statutory Rules 1970, No. 12; and see also Statutory Rules 1970, No. 12.

15068/70—Price 5c 10/22.4.1970


“(3.) The amount of education allowance payable to a member in respect of the attendance of his child at a school is—

(a) for a complete school year or for a part of a school year for which the child attends the school as a boarder—such amount, not exceeding One thousand two hundred and five dollars, as the Naval Board considers reasonable having regard to the expenses incurred by the member in respect of or incidental to the attendance of the child at the school during that year or that part of that year and the other circumstances of the particular case:

(b) for a complete school term that the child attends the school otherwise than as a boarder—an amount of Two hundred and eight dollars thirty-three cents; or

(c) for a period less than a complete school term that the child attends the school otherwise than as a boarder—such amount, not exceeding Two hundred and eight dollars thirty-three cents, as the Naval Board considers reasonable having regard to the circumstances of the particular case.

“(4.) A condition shall not be included in a determination made by the Naval Board for the purpose of sub-regulation (2.) of this regulation unless, it has the effect of restricting payment of education allowance in relation to a child of a member to cases—

(a) where the child was living with the member or with the family of the member before the removal of the family under regulation 231 of these Regulations or at the place where secondary education is not available before the child moved to another place to receive secondary education, as the case may be; and

(b) where serious interference would be caused to the education of the member’s child it the child were to commence or continue secondary education in the locality in which the member is serving or the family of the member is residing.

“(5.) A determination made by the Naval Board for the purpose of sub-regulation (2.) of this regulation shall not have the effect of restricting the period in respect of which education allowance may be paid to a member to a period other than—

(a) a period in respect of which serious interference with the education of the member’s child would be caused if the child were required to commence or continue secondary education in the locality in which the member is serving or the family of the member is residing;

(b) a reasonable period before the family of the member have been removed at the expense of the Department under regulation 231 of these Regulations to the locality in which they are residing; and

(c) a reasonable period after the member ceases to serve in the locality in which he is serving or the family of the member are so removed to another locality, whichever first occurs.

“(6.) Education allowance is not payable in respect of the attendance of a child of a member at a school otherwise than as a boarder unless the child is, for the purpose of enabling the child to attend that school, left in the care of a person other than the member for a period of three months or more.”.

Discharged members.

2. Regulation 183 of the Naval Financial Regulations is amended by omitting sub-regulation (2.).

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 61, made under the Naval Defence Act 1910-1968, were enacted to amend the Naval Financial Regulations, specifically addressing the issue of providing financial support for members of the naval forces in relation to their children's education. The regulations were established by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument was designed to ensure that naval members receive adequate financial assistance for their children's education, particularly in circumstances where relocation or deployment impacts the availability of secondary education. The policy objective was to support the welfare of naval members and their families, recognising the unique challenges posed by military service. These regulations introduce an education allowance for naval members under specific conditions. For instance, if a naval member's family is relocated at the Department's expense and the member arranges for their child to attend a recognised secondary school, an education allowance may be paid. Similarly, if secondary education is unavailable in the locality where the member and family are stationed, an allowance may be granted for arranging education elsewhere. The allowance is intended to cover expenses related to the child's education, subject to certain conditions set by the Naval Board. The regulations aim to provide financial relief to naval members, ensuring their children's educational needs are met while considering the unique circumstances of naval service.

Scope and Application

The regulations under the Naval Defence Act 1910-1968 apply to members of the Australian Defence Force (ADF) and their families, specifically those who have arranged for their children to receive full-time education at a recognised secondary school in circumstances where secondary education is not available in the locality where the member is serving or the family is residing. This includes biological children, step-children, and legally adopted children who have not attained the age of 21 years and are not enrolled or eligible to be enrolled for a university course that will lead to admission to a degree. The regulations are of a national scope, applying throughout the Commonwealth of Australia. The specific provisions regarding the education allowance are detailed within the Naval Financial Regulations, and any exclusions or conditions are strictly outlined to ensure that the allowance is provided only under the specified circumstances. The application of these regulations can be further extended or restricted through subsequent subordinate instruments, ensuring that they remain relevant and appropriately applied within the ADF context.

Key Provisions

The main operative sections of these regulations, specifically under the Naval Defence Act 1910-1968, include the introduction of a new education allowance (section 1) and the amendment of an existing regulation concerning discharged members (section 2). Section 1 introduces a new provision for an education allowance to be paid to members whose families have been relocated by the Department or who are stationed in areas where secondary education is not available. This allowance is subject to certain conditions and the discretion of the Naval Board, which determines the amount and period for which it is payable (section 1(2)-(5)). Section 2 amends an existing regulation by omitting a subsection, although the specific details of this amendment are not provided within the text of these regulations. The obligations and requirements imposed by these regulations are primarily directed towards the Naval Board. They must determine the conditions, amounts, and periods for the payment of education allowances in accordance with the provisions outlined in the regulations (section 1(2)-(5)). Additionally, the Board must ensure that any conditions imposed do not restrict the allowance to cases where the child was living with the member or their family before relocation or where serious interference with the child’s education would result if they were to attend school in the locality where the member is stationed (section 1(4)). The Board is also tasked with ensuring that the period of payment does not exceed reasonable limits set out in the regulations (section 1(5)). The regulations do not explicitly detail any offences, penalties, or civil or criminal consequences for breach. However, it can be inferred that any failure by the Naval Board to comply with the conditions and requirements stipulated in the regulations could potentially lead to disputes or claims by members regarding the payment of education allowances. Such disputes might be resolved through internal review processes or potentially through the courts, depending on the specific circumstances and any applicable administrative law principles. The maximum penalties for breaches are not stated in the provided text, but any enforcement actions would likely be governed by the broader framework of administrative and civil law in Australia.

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