Overview

The Defence Determination 2017/17 was enacted to address the problem of unprocessed leave applications for members of the Australian Defence Force (ADF) due to the impending introduction of a new personnel management computer system. This Determination amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903, and is subject to the Legislation Act 2003 and the Acts Interpretation Act 1901. The objective of this Determination is to provide limited authority for specific senior positions to approve unprocessed recreation leave and short absences before the new system's implementation, ensuring that these leave applications can be processed before the system's go-live date. This allows for a smooth transition and prevents any disruption to the ADF members' leave entitlements. The Determination is compatible with the human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

This Defence Determination 2017/17 amends Defence Determination 2016/19, Conditions of Service, made under section 58B of the Defence Act 1903. The amendment provides limited authority for two specific senior positions to approve unprocessed leave applications for members of the Australian Defence Force prior to the implementation of a new personnel management computer system. The authority is granted to ensure that outstanding leave applications can be processed before the system's go-live date of 7 August 2017. The amendment does not remove the decision-making powers from the usual decision-makers, but rather allows the two specified positions to process outstanding recreation leave and short absence applications through the new system. The amendment applies to the Australian Defence Force and the specified decision-makers. The amendment is subject to the Acts Interpretation Act 1901 and the Legislation Act 2003, and is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment will be in effect until 7 October 2017 when it will be repealed by Schedule 2 of the Determination.

Key Provisions

The Defence Determination 2017/17 (the Determination) makes specific amendments to Defence Determination 2016/19, Conditions of service (the Principal Determination). The key operative sections are those within Schedule 1, which grants temporary authority to two senior decision-makers to approve certain unprocessed leave applications for members of the Australian Defence Force (ADF) before the introduction of a new personnel management computer system, Defence One Release 1a. These sections include the insertion of new subsections (subsections 5.4.33.1A, 5.11.4.5, and 5.11.9.3) which allow these decision-makers to approve recreation leave, short absences from duty, and short absences for removal purposes, respectively. This authority is time-limited and is designed to ensure that leave applications are processed before Defence One Release 1a goes live on 7 August 2017. The Determination imposes specific obligations on the parties involved. The Director Pay and Administration Centre, New South Wales, or the Director People Systems Business Analysis, Pay and Administration Branch, are now authorised to approve unprocessed recreation leave and short absences for ADF members, a responsibility that would typically fall under other decision-makers’ purview. This authority is strictly limited to these two individuals and is only applicable until Defence One Release 1a becomes operational. Additionally, the ADF members are not affected by this change in terms of their leave entitlements. The decision-making process remains unchanged for other types of leave and for any leave applications that are processed after the implementation of Defence One Release 1a. Schedule 2 of the Determination provides for the sunsetting of these temporary provisions. Two months after the commencement of Defence One Release 1a, the subsections inserted by Schedule 1 (subsections 5.4.33.1A, 5.11.4.5, and 5.11.9.3) will be omitted, effectively removing the temporary authority granted to the specified decision-makers. This ensures that once the new system is fully operational, all leave applications will be processed according to the usual procedures and by the usual decision-makers. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breaches of its provisions. However, any misuse of the temporary authority granted by the Determination could potentially lead to disciplinary action under the Defence Act 1903 or other applicable laws, depending on the nature of the breach. The Determination itself is a technical amendment designed to facilitate a smooth transition to the new personnel management system without affecting ADF members' entitlements or the overall integrity of the leave approval process.