DEFENCE FORCE (FURLOUGH) REGULATIONS 1979 NO. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS 1979 NO. 21 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Delegation by the Minister 4. Delegation by a Chief of Staff 5. Furlough for 10 years' or longer service 6. Furlough for less than 10 years' service 7. Payment in lieu of furlough 8. Relevant service 9. Furlough credit 10. Salary of a member 11. Transitional 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Defence Force (Furlough) Regulations. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 2 Interpretation 2. (1) In these Regulations, unless the contrary intention appears- " Chief of Staff " means- (a) in relation to a member of the Navy-the Chief of Naval Staff; (b) in relation to a member of the Army-the Chief of the General Staff; (c) in relation to a member of the Air Force-the Chief of the Air Staff; " furlough " includes long service leave, long leave, extended leave and any other leave in the nature of long service leave (howsoever described); " leave " means leave of absence; " member " means a member of the Defence Force rendering continuous full-time service. (2) A reference in these Regulations to a member who is retrenched shall be read as a reference to a member whose continuous full-time service is terminated- (a) in the case of a member of the Navy-because of retrenchment in the Permanent Naval Forces; (b) in the case of a member of the Army-because of retrenchment in the Permanent Military Forces; or (c) in the case of a member of the Air Force-because of retrenchment in the Permanent Air Force. (3) In these Regulations, in a reference to a number of months (other than a reference to a number of completed months), the number of months shall be taken to be, where appropriate, a whole number and a fraction. (4) In these Regulations, in a reference to a number of years (other than a reference to a number of completed years), the number of years shall be taken to be, where appropriate, a whole number and a fraction. (5) Where an amount payable to or in respect of a member in accordance with these Regulations includes a fraction of a cent, that fraction of a cent shall- (a) if the fraction is one-half or greater-be deemed to be one cent; or (b) if the fraction is less than one-half-be disregarded. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 3 Delegation by the Minister 3. (1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to- (a) an officer who holds the rank of Captain in the Navy, Colonel in the Army, Group Captain in the Air Force or a higher rank; or (b) a person holding or performing the duties of an office in the Australian Public Service the minimum or only rate of salary applicable to which equals or exceeds the minimum rate of salary applicable to an office of Clerk, Class 8, in the Third Division of the Australian Public Service, any of his powers under these Regulations, other than this power of delegation. (2) A power delegated under this regulation, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister. (3) A delegation under this regulation does not prevent the exercise of a power by the Minister. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 4 Delegation by a Chief of Staff 4. (1) A Chief of Staff may, either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to- (a) in the case of the Chief of Naval Staff-an officer who holds a rank in the Navy not below the rank of Lieutenant Commander; (b) in the case of the Chief of the General Staff-an officer who holds a rank in the Army not below the rank of Major; or (c) in the case of the Chief of the Air Staff-an officer who holds a rank in the Air Force not below the rank of Squadron Leader, any of his powers under these Regulations, other than this power of delegation. (2) A power delegated under this regulation, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Chief of Staff. (3) A delegation under this regulation does not prevent the exercise of a power by the Chief of Staff. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 5 Furlough for 10 years' or longer service 5. The Chief of Staff may grant to a member who has rendered not less than 10 years of relevant service- (a) furlough on full salary for a period not exceeding the furlough credit applicable to the member on the day of the grant; or (b) furlough on half salary for a period not exceeding twice the furlough credit applicable to the member on the day of the grant. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 6 Furlough for less than 10 years' service 6. The Chief of Staff may grant to a member who- (a) is to cease to be a member on retrenchment or on attaining his compulsory retiring age; and (b) has, or will have before he so ceases to be a member, rendered less than 10 years, but not less than 1 year, of relevant service, furlough on full salary for a period not exceeding the furlough credit that will be applicable to the member immediately before he ceases to be a member. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 7 Payment in lieu of furlough 7. (1) Subject to sub-regulation (3), the Minister shall authorize the payment to a member who ceases to be a member otherwise than by reason of death of an amount equal to his salary at the time he ceases to be a member, calculated in accordance with regulation 10, for a period equal to the period of furlough credit applicable to him. (2) Where a person dies after ceasing to be a member and before the Minister has authorized under sub-regulation (1) the payment of an amount to him, the Minister shall authorize payment to the legal personal representative of the member of an amount equal to the amount the payment of which he would have authorized under sub-regulation (1) if the person had not died. (3) Sub-regulation (1) does not apply to a member who- (a) by notice in writing given to a person authorized in writing by the Minister to receive notices for the purposes of this sub-regulation elects not to receive a payment under that sub-regulation and who has not, by notice in writing given to such a person, withdrawn that election; (b) has rendered less than one year of relevant service; or (c) has rendered less than 10 years, but not less than one year, of relevant service and who ceases to be a member before attaining his compulsory retiring age for any reason other than- (i) retrenchment; or (ii) ill-health. (4) Where a member dies, the Minister may authorize the payment to- (a) the dependant or dependants of the member; or (b) the legal personal representative of the member, of an amount equal to, or of amounts equal in the aggregate to, the member's salary, at the time of his death, calculated in accordance with regulation 10, for a period equal to the period of furlough credit applicable to him at the time of his death. (5) Sub-regulation (4) does not apply to a member who has rendered less than one year of relevant service. (6) Where a member gives notice in writing to a person authorized in writing by the Minister to receive notices for the purpose of this sub-regulation, stating that he wishes the Minister to authorize a payment to him of a specified amount, being an amount less than the amount that would otherwise be payable to him under sub-regulation (1), that sub-regulation does not empower the Minister to authorize a payment to him of an amount greater than the amount so specified. (7) Where the Minister, after consideration of all the circumstances, directs that, for the purposes of these Regulations, the death of a member whose period of service is at least one year is to be presumed to have occurred on a specified date, these Regulations apply in relation to the member as if he had died on that date. (8) Where there are 2 or more dependants of a deceased member, the Minister shall, in exercising the powers conferred on him by paragraph (4) (a), have regard to the respective losses suffered by those dependants as a result of the loss of earnings of the member. (9) In the case of a member to whom sub-regulation (4) applies, the Minister shall, if he has not authorized the payment of an amount under sub-regulation (4)- (a) within 12 months of the date of the member's death; or (b) within 12 months after the date on which that direction was given where the Minister has given a direction under sub-regulation (7), authorize payment of that amount to the legal personal representative of the member. (10) Where an amount is payable under these Regulations to a person, being a member or a dependant of a member, who is under a legal disability, the Minister may, instead of authorizing payment of the amount to the person, authorize payment of the amount to such trustee or trustees as the Minister appoints, to be held by that trustee or those trustees upon such trusts for the benefit of the person as the Minister directs, and, when the amount is paid to that trustee or to those trustees accordingly, the amount shall, for the purposes of these Regulations, other than this regulation, be deemed to have been paid to the person. (11) Where, upon the death of a member, the amount payable under these Regulations in relation to his death would be bona vacantia, these Regulations do not authorize that amount to be paid in relation to the member. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 8 Relevant service 8. (1) Subject to this regulation, a member's relevant service is the aggregate of- (a) the periods of continuous full-time service in the Defence Force rendered by the member since he became a member; (b) the periods, each consisting of a day on which he rendered, before he became a member, not less than 6 hours service in the Defence Force, other than continuous full-time service, and for which he received a full day's reserve service pay; (c) the periods of employment other than the periods referred to in paragraph (a) or (b), that would be included as part of the member's period of service for the purpose of determining his eligibility to be granted long service leave under the Long Service Leave (Commonwealth Employees) Act 1976, if he- (i) were an employee under that Act; and (ii) had become an employee within the meaning of that Act on the date of commencement of these Regulations or the date on which he became a member, whichever is the later. (2) A period of absence without leave that exceeds 1 day shall be deemed not to be part of a period of continuous full-time service. (3) A period of leave shall be deemed not to be part of a period of continuous full-time service unless it is- (a) a period of leave (including furlough) with full or partial pay; or (b) a period of leave without pay granted on account of illness or not exceeding 3 months. (4) Where a member rendering continuous full-time service is absent without leave for a period exceeding 12 months, the part of the period of that full-time service, and any other period of service or employment, prior to the period of absence without leave shall not be included in that member's relevant service. (5) Where a period of- (a) service or employment; or (b) leave referred to in paragraph (3) (a) or (b), is separated from other later periods of service, employment or leave referred to in paragraph (3) (a) or (b), by a continuous period of more than 12 months, the first mentioned period and any previous period of service, employment or leave shall not be part of the member's relevant service. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 9 Furlough credit 9. (1) For the purposes of these Regulations the furlough credit applicable to a member on a particular day shall be the number of months calculated in accordance with the formula- 3A ( 3B C 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 10 Salary of a member 10. (1) For the purposes of these Regulations, the salary of a member who is granted furlough shall be deemed to be- (a) salary at the rate from time to time applicable to the substantive rank of the member under regulation 7, 8 or 9 of the Defence Force (Salaries) Regulations or under a determination made by the Remuneration Tribunal in pursuance of sub-section 7 (3) of the Remuneration Tribunals Act 1973; (b) where the member held, immediately before the prescribed day, a temporary or an acting rank higher than his substantive rank, and he held that temporary or acting rank or such temporary or acting ranks- (i) during the whole of the period of 12 months immediately preceding the prescribed day; or (ii) in the case of a member who is to cease to be a member after the expiry of the period of furlough granted to him-during the period referred to in sub-paragraph (i) or during a period of, or periods amounting to, 3 of the 5 years immediately preceding the prescribed day, salary at the rate from time to time applicable to that temporary or acting rank, or, where the member held more than 1 such temporary or acting rank during that period or those periods, the lower or lowest of those ranks; or (c) salary at the rate referred to in paragraph (a) or (b), as the case may be, and- (i) subject to sub-regulation (4), an allowance payable to the member, immediately before the prescribed day, under a regulation specified in sub-regulation (3); and (ii) an increment payable under regulation 38 of the Naval Financial Regulations, regulation 13 of the Military Financial Regulations or regulation 552 of the Air Force Regulations. (2) For the purposes of these Regulations, the salary of a member to whom or in respect of whom a payment in lieu of furlough is made shall be deemed to be- (a) salary at the rate applicable to the substantive rank of the member, immediately before the prescribed day, under regulation 7, 8 or 9 of the Defence Force (Salaries) Regulations or under a determination made by the Remuneration Tribunal in pursuance of sub-section 7 (3) of the Remuneration Tribunals Act 1973; (b) where the member held immediately before the prescribed day a temporary or an acting rank higher than his substantive rank, and he held that temporary or acting rank or such temporary or acting ranks- (i) during the whole period of the 12 months immediately preceding the prescribed day; or (ii) during a period of, or periods amounting to, 3 of the 5 years immediately preceding the prescribed day, salary at the rate applicable to that temporary or acting rank, immediately before the prescribed day, or, where the member held more than 1 such temporary or acting rank during that period or those periods, the lower or lowest of those ranks; or (c) salary at the rate referred to in paragraph (a) or (b), as the case may be, and- (i) subject to sub-regulation (4), an allowance payable to the member, immediately before the prescribed day, under regulation 10 or 16 of the Defence Force (Salaries) Regulations or a regulation specified in paragraph (3) (b) or (d); and (ii) an increment payable to the member, immediately before the prescribed day, under regulation 38 of the Naval Financial Regulations, regulation 13 of the Military Financial Regulations or regulation 552 of the Air Force Regulations. (3) Subject to this regulation, an allowance shall be included in the salary of a member for the purposes of these Regulations, if it is an allowance payable under- (a) regulation 10, sub-regulation 11 (8), regulation 14 or regulation 16 of the Defence Force (Salaries) Regulations; (b) regulation 18, 24, 40 or 76A of the Naval Financial Regulations, regulation 33, 33A, or 34 of the Military Financial Regulations or regulation 553, 553A, 553B or 553C of the Air Force Regulations; (c) regulation 9A of the Defence Force (Salaries) Regulations, regulation 107, 108, 110 or 111 of the Naval Financial Regulations, regulation 614, 615 or 615A of the Air Force Regulations or regulation 41, 43, 44, 46 or 47 of the Military Financial Regulations; or (d) regulation 113 of the Naval Financial Regulations, regulation 28 of the Military Financial Regulations or regulation 556J of the Air Force Regulations. (4) An allowance referred to in sub-regulation (3) shall not be included in a member's salary for the purposes of these Regulations unless- (a) in respect of an allowance payable under a regulation referred to in paragraph (3) (b)-the allowance would have continued to be payable to the member but for the occurrence of the prescribed day; (b) in respect of an allowance payable under a regulation referred to in paragraph (3) (c)-the member remains in the locality in respect of which that allowance is payable or, if the member is married, the member's family remains in that locality; or (c) in respect of an allowance payable under a regulation specified in paragraph (3) (d)-that allowance was payable- (i) during the whole of the period of 12 months immediately preceding the prescribed day; or (ii) in the case of a member who is to cease to be a member after the expiry of the period of furlough granted to him, or to whom or in respect of whom a payment in lieu of furlough is to be made-during the period referred to in sub-paragraph (i) or during a period of, or periods amounting to, 3 of the 5 years immediately preceding the prescribed day. (5) Where- (a) for the purposes of these Regulations, an allowance payable under a regulation specified in paragraph (3) (d) is to be included in a member's salary; and (b) during the qualifying period or periods required by virtue of paragraph (4) (c), the member performed the duties of 2 or more positions, the rate at which the allowance is to be included in the member's salary shall be determined by reference to the lower or lowest of the ranks for those positions. (6) Notwithstanding any provision in the Naval Financial Regulations, the Military Financial Regulations, the Air Force Regulations or the Defence Force (Salaries) Regulations, an allowance that would otherwise accrue due from day to day under such a provision shall not be payable to a member in respect of a period of furlough, except to the extent that it may be included in the member's salary for the purposes of these Regulations. (7) In this regulation- " prescribed day " means- (a) where the member is granted furlough-the day on which the period of furlough begins; or (b) where a payment in lieu of furlough is to be made to, or in respect of, a member-the day on which the member commences resettlement training, is transferred to a discharge centre, commences a period of recreation leave or furlough preparatory to ceasing to be a member or ceases to be a member, whichever first occurs. 1979 No. 21 DEFENCE FORCE (FURLOUGH) REGULATIONS - REG 11 Transitional 11. (1) Notwithstanding any other provision of these Regulations, where the period in respect of which a member is eligible for the grant of furlough under these Regulations in respect of his relevant service would, but for this sub-regulation, be shorter than the period in respect of which he would have been eligible for the grant of furlough in respect of that service if these Regulations had not been made, the furlough credit of that member in respect of that service shall be that longer period. (2) A grant of leave in the nature of furlough made to a member before the commencement of these Regulations in respect of a period after the commencement of these Regulations shall be as valid and effectual for the purposes of these Regulations as if it had been made after the commencement of these Regulations by the Chief of Staff. (3) Notwithstanding sub-regulation (2), where a member is on furlough at the commencement of these Regulations, and the amount that would, but for this sub-regulation, be payable to the member in respect of that part of his furlough that occurs after that commencement is less than the amount that would have been payable to him in respect of that period if these Regulations had not been made, the member shall be paid the greater amount in respect of that period. (4) Where- (a) a member ceased to be a member after 31 December 1972 but before the commencement of these Regulations; and (b) if these Regulations had been in force during that period, the furlough credit applicable to that member at the time he ceased to be a member would have exceeded the period of furlough (if any) to which he was entitled under the relevant Service Regulations, the Minister may authorize payment of an amount in respect of the excess of the period of furlough credit that would have been applicable to him over the period of furlough (if any) to which he was entitled, being an amount equal to the amount that the member would have received as pay under the relevant Service Regulations, had he been entitled, at the time he ceased to be a member, to a period of furlough equal to that part of the period of furlough credit in respect of which the amount is payable. (5) The Minister may authorize payment of the amount referred to in sub-regulation (4)- (a) if the member ceased to be a member by reason of his death- (i) subject to sub-regulation (6), to the dependant or dependants of the member; (ii) if the Minister has not authorized payment under sub-paragraph (i)-to the legal personal representative of the member; (iii) if the Minister has not authorized payment under sub-paragraph (i) or (ii) within 12 months after the commencement of these Regulations or, if he has given a direction under sub-regulation 7 (7), within 12 months after the date on which that direction was given-to the legal personal representative of the member; (b) if the member has died after ceasing to be a member-to the legal personal representative of the member; or (c) in any other case-to the member. (6) Where the Minister authorizes, by virtue of sub-paragraph (5) (a) (i), payment of an amount to 2 or more dependants of a member, he shall apportion that amount between or among those dependants, having regard to the respective losses suffered by those dependants as a result of the loss of earnings of the member. (7) In this regulation- " relevant Service Regulations " means- (a) in the case of a former member of the Navy-Part XIII of the Naval Financial Regulations; (b) in the case of a former member of the Army-Division VII of Part VI of the Australian Military Regulations; and (c) in the case of a former member of the Air Force-Part VA of the Air Force Regulations, as in force at the time he ceased to be a member. - NOTES 1979 No. 21*1* DEFENCE FORCE (FURLOUGH) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 21 February 1979.