Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE REGULATIONS (AMENDMENT) 1996 NO. 177

STATUTORY RULES 1996 No. 177

Issued by the Authority of the Minister for Defence Industry, Science and Personnel

Defence Act 1903

Defence Force Regulations (Amendment)

The Defence Force Regulations (the Principal Regulations), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force.

The Naval Financial Regulations (made under the Naval Defence Act 1910), the Military Financial Regulations, made under the Defence Act, and corresponding provisions of the Air Force Regulations, made under the Air Force Act 1923, had the primary purpose of providing for the financial conditions of service for members of the Army, Navy and Air Force. While the majority of these single service financial provisions are largely obsolete, the following two subject areas remain current:

a.       the provision of married quarters, including the recovery of costs; and

b.        medical and dental treatment and the recovery of costs in certain circumstances.

As it is more appropriate for these conditions of service to be dealt with under common tri-service provisions, the Statutory Rule amends the Principal Regulations by inserting provisions dealing with married quarters (regulations 58A, 58B, 58C and 58D) and provisions dealing with medical and dental treatment (regulations 58E, 58F, 58G and Schedule 2). The new provisions are based on the former single service financial provisions which have been repealed.

The power to determine whether or not medical costs should be recovered was exercised under the Naval Financial Regulations, Military Financial Regulations and Air Force Regulations by members of the Defence Force of the rank of Colonel (or equivalent) or a higher rank. This level of delegation is necessary due to administrative requirements. Under Regulation 3A of the Principal Regulations, the Minister could only delegate his power to members of the Defence Force who held the rank of Brigadier (or equivalent) or a higher rank, or to members of the Public Service at the corresponding levels. To allow the existing level of delegation to continue, the Statutory Rule inserts a new Regulation 3A(2) in the Principal Regulations to also enable the Minister to delegate his or her power to determine whether or not medical costs should be recovered to members of the Defence Force of the rank of Colonel (or equivalent), and to members of the Public Service at the corresponding levels. The Statutory Rule also amends Regulation 3A(1) of the Principal Regulations to modernise the references to members of the Public Service.

As a result of changes in the command and management roles of members holding the rank of Flight Sergeant (Air Force) and Lance Corporal (Army), the Statutory Rule amends Regulation 8 of the Principal Regulations to place those ranks in their correct position in relation to ranks in the other Services.

The Statutory Rule also makes various drafting changes to the Principal Regulations including correcting an outdated reference to the Safety Rehabilitation and Compensation Act 1988 in paragraph 72(A)(b) of the Principal Regulations.

With the exception of two provisions, the Statutory Rule commences on 1 December 1996, The exceptions relate to the amendment to Regulation 8 (rank alignment) and the amendment to paragraph 72A(b) (corrected reference) of the Principal Regulations. These provisions come into operation on the date of gazettal.