EXPLANATORY STATEMENT
Defence Determination 2016/23
This Determination amends Defence Determination 2016/19, 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.
In making this Determination, the rule-maker has taken the Caretaker Conventions into account. The amendments made to the Principal Determination do not represent major policy decisions that are likely to commit an incoming government, and do not commit the government to major contracts or undertakings. The amendments do not have any financial implications nor do they affect Australian Defence Force (ADF) members. As such, the amendments are consistent with the continued observance of the Caretaker Conventions.
This Determination amends the Principal Determination which sets out conditions of service for members of the ADF.
The purpose of this Determination is to align terms used in the Principal Determination with its parent legislation. The amendments are as a result of changes to the Defence Act 1903 by Defence Legislation Amendment (First Principles) Act 2015, which implements recommendations made by the First Principles Review – Creating One Defence report to improve the overall operation of Defence and the ADF.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 of this Determination provides that the Determination commences on 1 July 2016.
Section 3 specifies that the amendment is made to the Principal Determination, as amended.
Sections 4 to 22, 24 to 28, 32 to 43, 45 to 46, 48 to 58, 60 to 64 and 66 to 73 amend terminology in the Principal Determination to align with definitions under the Defence Act. This includes replacing 'Reservist' or 'Reserve Force member' with 'member of the Reserves' and replacing 'Permanent Force' with 'Permanent Forces'. These amendments do not affect the operation of the rules and there is no detriment to the members.
Sections 23, 29, 30, 31, 44, 47, 59 and 65 amend references to Defence Act section numbers or remove references that no longer exist.
Consultation
No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 before this Determination was made as it is a minor or machinery nature and does not substantially alter existing arrangements. It changes the terminology used in the Principal Determination to reflect amendments to the Defence Act.
Authority: Section 58B of the
Defence Act 1903
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Defence Determination 2016/23, First Principles Review – amendment
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The purpose of this Determination is to align terms used in the Principal Determination with its parent legislation. The amendments are as a result of changes to the Defence Act 1903 by Defence Legislation Amendment (First Principles) Act 2015, which implements recommendations made by the First Principles Review – Creating One Defence report to improve the overall operation of Defence and the ADF.
Human rights implications
This Determination does not engage any applicable rights or freedoms. It simply aligns some terms with and adjusts some references to the parent Act as a consequence of the Defence Legislation Amendment (First Principles) Act 2015, which implements recommendations in the First Principles Review – Creating One Defence report to improve the overall operation of Defence and the ADF.
Conclusion
This Determination is compatible with human rights because it does not engage any applicable human rights or freedoms.
Tyson Paul Sara, Assistant Secretary People Policy and Employment Conditions
Overview
The Defence Determination 2016/23 was enacted in 2016 and serves to amend the Defence Determination 2016/19, specifically the conditions of service for members of the Australian Defence Force (ADF), under section 58B of the Defence Act 1903. This determination was introduced to align the terminology used in the Principal Determination with its parent legislation, the Defence Act 1903, following amendments made by the Defence Legislation Amendment (First Principles) Act 2015. The purpose of these amendments was to implement the recommendations of the First Principles Review – Creating One Defence report, aimed at improving the overall operation of Defence and the ADF. The amendments do not represent major policy decisions or commitments, have no financial implications, and do not affect ADF members. The enacting body is the Parliament, and the policy objective is to ensure consistency and clarity in terminology within the Defence Act 1903.
Scope and Application
The Defence Determination 2016/23 amends Defence Determination 2016/19, Conditions of service, which sets out the conditions of service for members of the Australian Defence Force (ADF). The determination applies to members of the ADF and their service conditions as set out in the Defence Act 1903. The amendments are a result of changes to the Defence Act 1903 by the Defence Legislation Amendment (First Principles) Act 2015, which implements recommendations from the First Principles Review – Creating One Defence report. The amendments aim to align terms used in the Principal Determination with its parent legislation, including replacing 'Reservist' or 'Reserve Force member' with 'member of the Reserves' and replacing 'Permanent Force' with 'Permanent Forces'. These changes do not affect the operation of the rules and have no detriment to the members. The amendments are made under section 58B of the Defence Act 1903 and are subject to the Legislation Act 2003. No external consultation was undertaken before this Determination was made as it is a minor or machinery nature and does not substantially alter existing arrangements. The amendments are compatible with human rights as they do not engage any applicable rights or freedoms.
Key Provisions
Defence Determination 2016/23 primarily focuses on amending the Defence Determination 2016/19, known as the Principal Determination, which sets out the conditions of service for members of the Australian Defence Force (ADF). Section 3 of this Determination specifies that the amendment is made to the Principal Determination, as amended. The main operative sections, from Section 4 to Section 73, involve the replacement of certain terminologies in the Principal Determination to align with changes introduced in the Defence Act 1903 by the Defence Legislation Amendment (First Principles) Act 2015. For example, it replaces 'Reservist' or 'Reserve Force member' with 'member of the Reserves' and 'Permanent Force' with 'Permanent Forces'. These changes are designed to ensure consistency with the Defence Act without affecting the operational aspects or the rights of the ADF members.
The obligations and requirements imposed by this Determination are primarily administrative and pertain to the updating of terminology within the Defence Determination 2016/19 to reflect the legislative changes. The amendments ensure that the Principal Determination remains consistent with the Defence Act 1903, particularly following the implementation of recommendations from the First Principles Review – Creating One Defence report. This alignment is crucial for maintaining the coherence and integrity of the Defence Act and its associated regulations. The changes made are purely technical and do not impose any new obligations on the ADF members or alter the existing conditions of service.
There are no specific offences, penalties, or civil/criminal consequences outlined in this Determination for breaches related to the terminology amendments. This is because the amendments are of a minor nature, do not substantially alter existing arrangements, and do not affect the rights or obligations of the ADF members. As a disallowable legislative instrument, it is subject to the Legislation Act 2003, but given its nature and purpose, it does not introduce new enforcement mechanisms or penalties. The focus of this Determination is purely on ensuring legislative consistency and clarity within the Defence Act framework.