Defence Determination 2017/32, Individual payment

Administered by Department of Defence

Legislation au F2017L01330 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/32

This Determination is 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.

The purpose of this Determination is to provide a payment to the mother and sister of a member of the Australian Defence Force (employee identification number 8497748) in recognition of certain expenses incurred and/or losses shouldered by them following the member’s return to Australia from deployment in January 2012 as the result of a medical condition through to, and as a result of, the member’s death in January 2014. Defence has generally well developed processes for supporting the families of members who are injured while serving, but in this case gaps in that support framework have been identified and losses were borne by the personal estate of the member in respect of which it was appropriate for Defence to provide financial assistance.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 is the commencement provision for the Determination and includes a table setting out the details of the commencement of sections of the Determination. Column 1 of the table sets out the provisions in numbered items, column 2 sets out the commencement and column 3 sets out date/details. Information in column 3 does not form part of the Act, so information can subsequently be inserted in the column (or edited) in a published version of the Determination. Item 1 in the table provides that the whole of this 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 payments are to be made to certain members of the family of the former member of the Australian Defence Force with employee identification number 8497748. The payments recognise that elements of the support services generally provided to members were not fully mature and adapted to account for the circumstances of the situation. It is not anticipated that these shortfalls will occur again.

  • Subsection 1 specifies that the member's sister is to be provided with a payment of $9,750.
  • Subsection 2 specifies that the member's mother is to be provided with a payment of $25,000.

This Determination is not subject to any inquiry under the ADF redress of grievance system, however, a person may make a complaint about the Determination to the Defence Force Ombudsman.

Consultation

Army and Defence Legal were consulted and agreed to the payment provided by this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the determination does not alter existing arrangements.

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 2017/32, Individual payment

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 a payment to the mother and sister of a member of the Australian Defence Force (employee identification number 8497748) in recognition of certain expenses incurred and/or losses shouldered by them following the member’s return to Australia from deployment in January 2012 as the result of a medical condition through to, and as a result of, the member’s death in January 2014. Defence has generally well developed processes for supporting the families of members who are injured while serving, but in this case gaps in that support framework have been identified and losses were borne by the personal estate of the member in respect of which it was appropriate for Defence to provide financial assistance.

Human rights implications

This Determination does not engage any applicable rights or freedoms.

Conclusion

This Determination is compatible with human rights it does not engage any applicable human rights or freedoms.

 

Mark Donald Binskin AC, Chief of the Defence Force

 

 

Overview

The Defence Determination 2017/32 was enacted under section 58B of the Defence Act 1903 by the Australian Defence Force to address specific gaps in the existing support framework for the families of members who suffer injury or death in the line of duty. This determination was made in response to a case where the mother and sister of a deceased member incurred certain expenses and losses that were not fully covered by the existing support services provided by Defence. The objective is to provide financial assistance to recognise these unaddressed expenses and losses. The enacting body is the Chief of the Defence Force, Mark Donald Binskin AC, and the policy objective is to ensure that Defence provides appropriate support to the families of its members in all circumstances. The determination is subject to disallowance and the principles of interpretation set out in the Acts Interpretation Act 1901. It is also compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Defence Determination 2017/32 applies to the family members of a specific member of the Australian Defence Force, namely the member’s sister and mother, identified by their relationship and not generally to other family members or broader categories of individuals. The determination is made under section 58B of the Defence Act 1903 and is specifically tailored to address identified gaps in support services that led to certain expenses and losses for the member’s immediate family following his return from deployment and subsequent death. This instrument is not subject to inquiry under the ADF redress of grievance system but allows for complaints to the Defence Force Ombudsman. The jurisdictional reach of this Determination is limited to the Commonwealth of Australia and does not extend to state or territory laws. The financial assistance provided under this Determination is unique and does not set a precedent for similar payments, ensuring that it does not alter existing arrangements or create a new class of entitlements.

Key Provisions

The Defence Determination 2017/32, made under section 58B of the Defence Act 1903, authorises specific payments to the family members of a deceased Australian Defence Force member. According to Section 4 of this Determination, a payment of $9,750 is to be made to the member’s sister, and $25,000 to the member’s mother. These payments are in recognition of expenses incurred and losses suffered by the family following the member’s return from deployment and subsequent death. This Determination is not subject to the Australian Defence Force's redress of grievance system, but a complaint can be made to the Defence Force Ombudsman. The Determination imposes specific obligations on the Defence authorities to ensure these payments are made. Under Section 4, the Defence is mandated to provide the stipulated payments to the member’s sister and mother. The obligation arises from the identified gaps in the support framework that resulted in personal losses for the family. Additionally, the Determination must be implemented in accordance with the provisions outlined in the Defence Act 1903 and the Acts Interpretation Act 1901, ensuring that any interpretation adheres to the legislative principles established in those Acts. Breach of the provisions under this Determination does not directly result in specific offences or penalties as outlined within the text. However, failure to comply with the mandates under Section 4 could potentially lead to civil consequences or complaints to the Defence Force Ombudsman. The Defence Force Ombudsman can investigate complaints about the administration of the Defence and may provide remedies if a breach is found. While the Determination itself does not specify penalties, the broader legislative framework under which it operates might impose sanctions for non-compliance with statutory requirements.

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Defence Law
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Legislative Instrument
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Definitions & Interpretation
Commencement Provisions
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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.