Defence Determination 2017/11, Service with the United Nations – amendment

Administered by Department of Defence

Legislation au F2017L00336 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/11

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.

This Determination amends the following Chapters of the Principal Determination.

  • Chapter 3 sets out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).
  • Chapter 5 sets out provisions dealing with leave for members of the ADF.
  • Chapter 12 sets out provisions dealing with overseas conditions of service for members of the ADF.
  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

The purpose of this Determination is to provide that an ADF member undertaking a period of service with the United Nations (UN) and is being remunerated by the ADF, is eligible for benefits provided under the Principal Determination.

A member undertaking a period of service with the UN receives remuneration and benefits provided under a UN contract of employment, applied under the UN Staff Regulations. This arrangement means that a member undertaking a period of service with the UN would not receive the same remuneration and benefits that a member performing similar duties in the same location on long-term overseas posting would receive from Defence. This difference in the remuneration and benefits package is detrimental to the member and makes it difficult to attract ADF members to take up a role with the UN.

The Secretariat of the UN has agreed that the Australian Government will assume responsibility for the payment and administration of remuneration and benefits packages for ADF members undertaking a period of service with the UN. The UN will reimburse Defence for the member’s remuneration and benefits up to the amount they would have provided the member under the UN Staff Regulations.

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 the day after registration.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 specifies that the amendment is made to the Principal Determination, as amended.

Section 5 omits section 3.2.10 from the Principal Determination, which provides that the CDF may approve a member entering into a contract with the UN or other multi-national force and that the member is remunerated by that force instead of the ADF. The section is being omitted from the Principal Determination as it is an administrative power and not a condition of service that can be determined under section 58B of the Defence Act.

Section 6 amends paragraph 5.4.38.1.b of the Principal Determination, which provides that a member seconded or attached for a period of duty with the UN must accept the recreation leave entitlement authorised by the UN. An exception has been included to provide that the paragraph does not apply to a member who is subject to the rules provided under Chapter 12 Part 4 Division 2, inserted by Section 9 of this Determination.


Section 7 amends section 12.0.2 of the Principal Determination, which sets out the contents of Chapter 12. The section is being amended to change the name of Part 4 which has been renamed by section 8 of this Determination.

Section 8 substitutes Chapter 12 Part 4 of the Principal Determination, which outlines conditions of service for members on a period of service with the UN. The new Part has been restructured to provide for members who are remunerated by the ADF during a period of service with the UN. The new Part has the following features.

Part 4 provides the following provisions.

  • Section 12.4.1 provides the purpose of the Part.
  • Section 12.4.2 provides that an approved period of service with the UN counts as service to the purpose of salary advancement and accrual of long service leave.
  • Section 12.4.3 provides a list of the Divisions contained within the Part.

Division 1 provides the benefits for members who are remunerated by the UN. These provisions were previously in Part 4 and there has been no change to these benefits. However, the following changes have been made.

  • References to 'a period of a UN contract' have been replaced by 'a period of service with the UN'.
  • The previous section 12.4.3, which provided that the CDF may approve a member entering into a contract with the UN, has been omitted from the Principal Determination as it is an administrative power and not a condition of service that can be determined under section 58B of the Defence Act.

Division 2 provides the benefits for members who are remunerated by the ADF. The Division has the following provisions.

  • Section 12.4.7 sets out the purpose of the Division.
  • Section 12.4.8 sets out the members to whom the Division applies.
  • Section 12.4.9 provides that Chapters 1 to 12 and Chapters 14 to 16 of the Principal Determination apply to a member on a period of service with the UN as if the member is on a long-term posting overseas. The member is subject to any eligibility conditions relating to the benefit. Chapters 13 and 17 of the Principal Determination are not available to these members for the reasons shown below.
  • Chapter 13 of the Principal Determination provides benefits relating to short-term duty overseas. If the UN requires the member to travel during their period of service, the payment of short-term duty benefits will be provided by the UN.
  • Chapter 17 of the Principal Determination provides benefits relating to ADF deployments. A member on a period of service with the UN will not be on an ADF deployment. If a member is required to go on deployment during the period of service with the UN, they will be assigned to the ADF operation and would be eligible for the relevant benefits for that deployment.
  • Section 12.4.10 provides that a member must use their ADF leave credits for any leave taken during their period of service with the UN. This includes any period of leave that the member has been directed to take by the UN.

Section 9 inserts an exception into section 15.3.4 of the Principal Determination, which provides that a member on long-term posting overseas may be required to travel on short-term duty overseas. The new exemption provides that a member undertaking service with the United Nations is not eligible for the provisions relating to travel for short-term duty overseas. If the UN requires the member to travel during their period of employment, the payment of short-term duty benefits will be provided by the UN.


Section 10 provides a transitional provision for member's who had a benefit approved by the CDF under subsection 12.4.2.2 before the commencement of this Determination. The member is taken to be eligible for the corresponding benefit under the new subsection 12.4.6.2 of this Determination.

Consultation

The three Services, Defence International Policy Division and the relevant overseas posts were consulted in the preparation of this Determination. The rule maker was satisfied that further internal or external consultation was not required. The funding for the increase in benefits has been approved by Army.

 

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 2017/11, Service with the United Nations – 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 provide that an ADF member undertaking a period of employment with the United Nations (UN) and is being remunerated by the ADF, is eligible for benefits provided under the Principal Determination.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

A member undertaking a period of service with the UN receives remuneration and benefits provided under the UN contract of employment, applied under the UN Staff Regulations. This arrangement means that a member undertaking a period of service with the UN would not receive the same remuneration and benefits that a member performing similar duties in the same location on long-term overseas posting would receive from Defence. This difference in the remuneration and benefits package is detrimental to the member and makes it difficult to attract ADF members to take up a role with the UN.

The Secretariat of the UN has agreed that the Australian Government will assume responsibility for the payment and administration of remuneration and benefits packages for ADF members undertaking a period of service with the UN.

This Determination removes the restrictions on the payment of salary and benefits by Defence to members who are performing a period of service with the UN. This change ensures that a member undertaking a period of service with the UN, and performing similar duties to those on long-term posting, is not disadvantaged due to their work with the UN. The overseas conditions of service package that Defence provides ensures that the member is able to maintain the purchasing power of their disposable income and an equivalent standard of living that they would have in Australia. The package provided by Defence assists members with housing, travel, education and medical costs for the member and their dependants.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions

 

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.