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

 

 

Overview

Defence Determination 2017/11, enacted to amend Defence Determination 2016/19, addresses the problem of inequitable remuneration and benefits for Australian Defence Force (ADF) members serving with the United Nations (UN). This issue arises because ADF members on UN service receive their remuneration and benefits under a UN contract, which often results in a less favourable package compared to ADF members on long-term overseas postings. The Australian Government, through the Secretary of the Department of Defence, made this Determination under section 58B of the Defence Act 1903. The policy objective is to ensure ADF members serving with the UN receive remuneration and benefits comparable to those on long-term overseas postings, thereby maintaining their standard of living and encouraging participation in UN roles. This Determination aims to bridge the gap by providing ADF members on UN service with benefits equivalent to those on long-term overseas postings, including salaries, bonuses, leave entitlements, and other conditions of service. The UN has agreed to reimburse the Australian Government for the difference in benefits, ensuring that ADF members are not disadvantaged by their service with the UN. The amendment to Defence Determination 2016/19 restructures conditions of service for ADF members on UN service, ensuring they receive appropriate benefits and maintaining their eligibility for long service leave and salary advancements. This change aligns their remuneration and benefits with those of ADF members on long-term overseas postings, supporting the Defence Act's objective of maintaining fair and equitable conditions of service for all ADF members.

Scope and Application

Defence Determination 2017/11 applies to members of the Australian Defence Force (ADF) who are undertaking a period of service with the United Nations (UN) and are remunerated by the ADF. The Determination addresses the conditions of service for these members, ensuring they are eligible for benefits provided under the Defence Act 1903 and its subordinate instruments. The provisions cover areas such as salaries, bonuses, leave, and overseas conditions of service. The geographic reach of this Determination is national, as it pertains to ADF members deployed internationally under the auspices of the UN. This Determination does not explicitly mention any exclusions or exemptions, but it does clarify which chapters and sections of the Principal Determination apply to ADF members serving with the UN and which do not. The application of the Determination is extended or restricted through the amendments made to specific sections of the Principal Determination, as outlined in the text.

Key Provisions

The Defence Determination 2017/11 amends Defence Determination 2016/19, which sets out the conditions of service for members of the Australian Defence Force (ADF). The key provisions of this amendment are found in Chapter 3, which deals with salaries and bonuses, Chapter 5, which deals with leave, Chapter 12, which outlines overseas conditions of service, and Chapter 15, which pertains to living and working on long-term postings overseas. These provisions ensure that ADF members who are undertaking a period of service with the United Nations (UN) and are being remunerated by the ADF are eligible for benefits similar to those provided under the Defence Act. This is particularly relevant because ADF members serving with the UN receive remuneration and benefits under a UN contract of employment, which may be less than what they would receive from Defence for similar duties on long-term overseas postings. The Determination imposes several obligations and requirements on the ADF and its members. It mandates that ADF members who are serving with the UN and being remunerated by the ADF are entitled to benefits equivalent to those provided under Defence's conditions of service. Specifically, these members are entitled to salary and benefits that maintain their purchasing power and standard of living, akin to what they would experience on long-term overseas postings. This includes provisions for housing, travel, education, and medical costs for both the member and their dependants. The UN has agreed to reimburse Defence for the remuneration and benefits it provides to these members, up to the amount they would have provided under the UN Staff Regulations. The Determination also sets out the consequences for non-compliance with its provisions. While the text does not explicitly mention criminal or civil penalties, the nature of the Determination suggests that failure to adhere to its stipulations could result in ADF members not receiving the benefits to which they are entitled, potentially leading to disputes and claims. Additionally, there could be administrative repercussions for Defence for not adhering to the terms of the reimbursement agreement with the UN. The absence of specific penalties in the text does not diminish the importance of compliance to ensure that ADF members are fairly compensated for their service with the UN. In summary, the Defence Determination 2017/11 ensures that ADF members serving with the UN and being remunerated by the ADF receive benefits equivalent to those provided under Defence's conditions of service. This is to ensure that these members are not disadvantaged due to their work with the UN and that they maintain their standard of living. The Determination imposes obligations on Defence to provide these benefits and on the UN to reimburse Defence for the costs incurred. Although the text does not specify penalties for non-compliance, adherence to the Determination is crucial to avoid potential disputes and administrative issues.

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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.