Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE (HOME LOANS ASSISTANCE) (LEAVE PROVISIONS) REGULATIONS 1991 NO. 130

STATUTORY RULES 1991 No. 130

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

DEFENCE FORCE (HOME LOANS ASSISTANCE) (LEAVE PROVISIONS) REGULATIONS

The Defence Force (Home Loans Assistance) Act 1990 ("the Act") gives effect to a new scheme providing home loans assistance for members of the Defence Force. A person's eligibility for assistance is tied to the requirement to complete a period of continuous full-time service.

Section 7 of the Act specifies some circumstances where a period of full-time service is taken to be broken. Paragraph 7(1)(a) provides that a period of full-time service will be broken if a member is absent on leave without pay (other than prescribed leave) for longer than 12 consecutive months.

The Statutory Rule makes new Defence Force (Home Loans Assistance) (Leave Provisions) Regulations which prescribe, for the purposes of paragraph 7(1)(a) of the Act, leave without pay that does not affect a member's period of full-time service. The Statutory Rule prescribes maternity leave, paternity leave, adoption leave, compensation leave, and leave to accompany a spouse (who is also a member) on a long-term posting where there is no appropriate Service position available in the same location.

The Statutory Rule is taken to have commenced on 15 May 1991, the date on which the Act became fully operative and the home loans assistance scheme commenced operation. The retrospective operation of the Regulations could only be beneficial to members affected.