Defence Amendment Determination (Child supplement and location allowance, and Special benefit payment) Commencement Instrument 2019

Overview

The Defence Amendment Determination (Child supplement and location allowance, and Special benefit payment) Commencement Instrument 2019 was enacted to provide for the commencement of amendments to the Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11) and Defence Determination, Conditions of Service Amendment (Child supplement and location allowance) Determination 2019 (No. 18). This instrument was introduced to address the need for timely implementation of specific allowances and payments for defence personnel. Enacted by the Commonwealth of Australia, the policy objective of this instrument is to ensure that the amended conditions of service are applied from the specified dates, thereby providing certainty and fairness in the administration of benefits to defence members. The instrument was made under the authority of the Assistant Secretary People Policy and Employment Conditions, Defence People Group, on 26 July 2019, with the commencement dates for the relevant schedules set as 31 July 2019 and 5 September 2019 respectively.

Scope and Application

The Defence Amendment Determination (Child supplement and location allowance, and Special benefit payment) Commencement Instrument 2019I is a legislative instrument under the Defence Determination that sets the commencement dates for amendments to the Defence Determination Conditions of Service. This instrument applies specifically to the changes outlined in the Defence Determination Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11) and the Defence Determination Conditions of Service Amendment (Child supplement and location allowance) Determination 2019 (No. 18). The Act applies to all members of the Australian Defence Force, including both full-time and part-time personnel, as well as their dependents, who are entitled to child supplements, location allowances, and special benefit payments. The instrument establishes that these amendments will commence on 31 July 2019 for special benefit payments and 5 September 2019 for child supplements and location allowances, respectively. The scope of this legislation is limited to the Australian Defence Force and does not extend to other entities or industries. The instrument is a national measure under the Commonwealth jurisdiction, ensuring uniform application across all states and territories. Any exclusions or exemptions from the provisions of the Act are detailed within the respective amendment determinations, which may be subject to further clarification or modification through subordinate instruments.

Key Provisions

The Defence Amendment Determination (Child supplement and location allowance, and Special benefit payment) Commencement Instrument 2019I, executed by FIONA LOUISE McSPEERIN, Assistant Secretary People Policy and Employment Conditions, outlines the commencement dates for specific schedules related to the Defence Determination. Schedule 1 and Schedule 2 of the Defence Determination Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11) will commence on 31 July 2019 (Section 1). Similarly, Schedule 1 and Schedule 2 of the Defence Determination Conditions of Service Amendment (Child supplement and location allowance) Determination 2019 (No. 18) will commence on 5 September 2019 (Section 2). These dates set the effective date for the amendments concerning the child supplement, location allowance, and special benefit payment, ensuring that the changes to the conditions of service for Defence personnel are implemented as specified. The Act imposes several obligations on the Defence personnel and the relevant authorities. Defence personnel must adhere to the new conditions of service related to the child supplement, location allowance, and special benefit payment, as outlined in the amended determinations. These conditions likely include the calculation, payment, and reporting requirements for the specified benefits. The authorities, including the Assistant Secretary People Policy and Employment Conditions, are responsible for ensuring that these new conditions are implemented and communicated effectively to all relevant Defence personnel. This involves updating internal systems, providing necessary training, and ensuring compliance with the new provisions by the specified commencement dates. Breach of the provisions outlined in the Defence Amendment Determination could lead to various consequences. While the specific offences, penalties, or consequences are not detailed in the instrument, breaches of Defence-related legislation typically result in administrative, disciplinary, or legal actions. These actions may include financial penalties, loss of benefits, or more severe disciplinary measures depending on the nature and severity of the breach. Defence personnel found in breach of their service conditions may face formal disciplinary proceedings, which could result in penalties such as fines, deductions from pay, or even termination of employment. The exact penalties would depend on the specific circumstances and the Defence Force Discipline Act 1982.