EXPLANATORY STATEMENT
Defence Determination 2017/34
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 5 sets out provisions dealing with leave for members of the Australian Defence Force (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 set the Christmas stand-down period for 2017-2018.
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 7 October 2017.
Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 section 1 amends subsection 5.12.3.1 of the Principal Determination which set out the days members are not required for duty over the Christmas stand-down period. The dates have been changed to reflect the Christmas stand-down period for 2017-2018.
Schedule 1 section 2 omits and substitutes the table in subsection 15.1.5.1 of the Principal Determination, which set out the days members living and working on a long-term posting overseas are not required for duty over the Christmas stand-down period. The dates have been changed to reflect the Christmas stand-down period for 2017-2018.
Consultation
Consultation is not considered necessary in the adjustment of the Christmas stand-down period as this falls within the bounds of routine, house keeping of an established benefit.
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 2017/34, Christmas stand-down – 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 set the Christmas stand-down period for 2017-2018.
Human rights implications
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to leave and holidays 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.
The Christmas stand-down is a period of reduced activity across Defence. Typically members will not be required to attend for duty over the stand-down period. The stand-down provision allows members to be paid for leave over this period of time without using their accrued leave credits.
This Determination provides the 2017-2018 Christmas stand-down dates. This is equal to what is offered to Defence Australian Public Service employees and it is beyond Australian community standards of leave and public holidays at Christmas time.
Conclusion
This Determination is compatible with human rights because it does not limit any human rights.
Jay Andrew Clarke, Acting Assistant Secretary People Policy and Employment Conditions