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
Overview
The Defence Determination 2016/13 was enacted to amend Defence Determination 2005/15 under the Defence Act 1903, specifically addressing the conditions of service for members of the Australian Defence Force (ADF) and Australian Public Service (APS) employees involved in warlike and non-warlike deployments. This determination was introduced to adjust the operational area for Operation MANITOU, which was extended by the Assistant Minister for Defence on 21 December 2015. The policy objective of this determination is to ensure that members who were deployed in the newly specified operational area are appropriately compensated with the relevant rate of deployment allowance for any duty performed since the extension date. This adjustment reflects the updated operational parameters and ensures fair treatment for affected personnel. The enactment of this determination is subject to the Legislation Act 2003 and the interpretation principles in the Acts Interpretation Act 1901, as modified by section 58B of the Defence Act.
Scope and Application
This Determination amends Defence Determination 2005/15, which is made under section 58B of the Defence Act 1903 and sets conditions of service for members of the Australian Defence Force (ADF) and Australian Public Service (APS) employees. The specific amendment relates to the operational area for Operation MANITOU, adjusting the specified area to reflect recent decisions by the Assistant Minister for Defence. This Determination applies to ADF members and APS employees who are deployed under Operation MANITOU, and it modifies the conditions of service related to allowances and payments for those deployments. The geographic reach of the Determination is limited to the operational area of Operation MANITOU, and its application is confined to the ADF and APS personnel involved in this particular operation. The Determination does not specify any exclusions or exemptions and operates within the confines of the Defence Act 1903 and the Acts Interpretation Act 1901. Subordinate instruments may extend or further define the application of this Determination as necessary.
Key Provisions
The Defence Determination 2016/13 amends the Defence Determination 2005/15 under section 58B of the Defence Act 1903, specifically focusing on the operational area for Operation MANITOU. Clause 4 of the Determination adjusts the specified operational area for Operation MANITOU, altering table item 2 in clause 17.9.6 of the Principal Determination. This amendment reflects the decision made on 21 December 2015 to extend the operational area for this particular operation. Clause 5 provides a transitional payment for members who were deployed in the extended area between 14 May 2015 and the commencement date of this Determination. These members are entitled to receive the relevant rate of deployment allowance for any duty performed in the extended specified area during that period.
The Determination imposes specific obligations on the parties it governs, including the Australian Defence Force (ADF) and Australian Public Service (APS) employees involved in warlike and non-warlike deployments. It mandates the payment of allowances for members deployed in the specified operational area, ensuring that all eligible personnel receive appropriate compensation for their service within the extended boundaries of Operation MANITOU. Furthermore, adverse decisions made under the Principal Determination, as amended by this Determination, can be subject to inquiry through the ADF redress of grievance system, and complaints can be lodged with the Defence Force Ombudsman.
There are no direct offences or penalties specified within the Determination itself. However, any breach of the operational conditions or failure to comply with the allowance provisions could result in civil or administrative consequences, such as financial discrepancies or disputes over entitlements. The retrospective application of this Determination does not adversely affect the rights of individuals (other than the Commonwealth) and does not impose any new liabilities on them. The Determination was developed in consultation with relevant authorities, including Headquarters Joint Operations Command, Military Strategic Commitments, the Department of Prime Minister and Cabinet, and the Department of Veterans' Affairs, ensuring that the changes align with broader governmental strategies and policies.