REPLACEMENT EXPLANATORY STATEMENT
Defence Determination 2016/13
THIS STATEMENT REPLACES THE EXPLANATORY STATEMENT PRESENTED TO THE HOUSE OF REPRESENTATIVES, THE SENATE AND THE SENATE STANDING COMMITTEE OF REGULATIONS AND ORDINANCES ON 19 APRIL 2016
This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.
Chapter 17 of the Principal Determination sets out provisions dealing with warlike and non-warlike deployments for members of the Australian Defence Force (ADF) and Australian Public Service (APS) employees.
The purpose of this Determination is to adjust the operational area for Operation MANITOU.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides that the Determination commences on the date of registration.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 adjusts table item 2 in clause 17.9.6 to reflect the new specified operational area for Operation MANITOU. Clause 17.9.6 provides the rate of allowance which is payable for each operation and the specified area for that operation. On 21 December 2015, the Assistant Minister for Defence decided to extend the specified area for Operation MANITOU.
Clause 5 provides a transitional payment for members who were deployed on Operation MANITOU between 14 May 2015 and the commencement date of this Determination. The transitional provides that members who were deployed on Operation MANITOU in the extended specified area between 14 May 2015 and the commencement of this Determination receive the relevant rate of deployment allowance for any day they performed duty in the extended specified area.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.
The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.
Consultation
Headquarters Joint Operations Command and Military Strategic Commitments were consulted in the preparation of this Determination. The Department of Prime Minister and Cabinet and the Department of Veterans' Affairs were consulted during the nature of service classification process. Decisions about nature of service are subject to bipartisan consultation through Government and do not impact business or competition.
Authority: Section 58B of the
Defence Act 1903