Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) 1991 NO. 131

STATUTORY RULES 1991 No. 131

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)

The Australian Military Regulations ("the Regulations") made under the Defence Act 1903 prescribe various matters relating to the organisation and administration of the Army.

The Defence Force has reviewed the organisation of Service chaplains, and restructured the classification of chaplains. The Regulations contain provisions that required amendment to reflect the restructuring.

Under the restructuring, chaplains are classified into 5 Divisions. This new divisional classification has formed the basis of two salary determinations (one for chaplains in the Permanent Forces, and the other for Reserve chaplains) by the Defence Force Remuneration Tribunal ("the Tribunal"). The classification will also be the basis for prescribing the annual rate of pay applicable for Defence Force Retirement and Death Benefits purposes. In addition, the classification enables chaplains to be assigned notional ranks corresponding to the ranks held by officers generally. (Chaplains hold no rank other than that of chaplain, and do not exercise rank-related functions such as command. However, notional ranks are assigned for circumstances where equivalence is necessary.)

The Statutory Rule makes the necessary changes to reflect the restructuring.

Regulations 590 and 594 of the Regulations provide for the constitution of the Chaplains' Department and for the precedence of chaplains. The Statutory Rule includes an amendment to regulation 590 which establishes the new divisional structure of chaplains, and an amendment which replaces regulation 594 with a provision that deals with the notional ranks of chaplains under the new divisions.

In addition, the Statutory Rule replaces subregulation 124(2) which deals with the compulsory retirement ages of chaplains. The new provisions replace the references to the existing classification of chaplains with references corresponding to the new divisional classification.

The Statutory Rule also makes consequential drafting changes which amend regulations 75 and 593, and omit subregulation 595(2).

The amendment to regulation 590 of the Regulations, which establishes the divisional structure, is taken to have commenced on 19 July 1990. the date of effect of the Tribunal's salary determinations. This provision needs to have retrospective effect to ensure that the Tribunal's determinations operate effectively. The retrospectivity does not adversely affect the rights or conditions of service of any chaplains. The remaining provisions come into operation on the date of gazettal.