Defence Determination 2017/34, Christmas stand-down – amendment

Administered by Department of Defence

Legislation au F2017L01329 Not in force Legislative Instrument

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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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

Overview

Defence Determination 2017/34, enacted under section 58B of the Defence Act 1903, was introduced to amend the Christmas stand-down period for members of the Australian Defence Force (ADF) for the year 2017-2018. This determination was made by the Australian Government and falls within the bounds of routine housekeeping of an established benefit. It serves to align the ADF’s leave policy with community standards and the leave provisions offered to Defence Australian Public Service employees. This amendment ensures that ADF members receive a period of reduced activity over the Christmas period, during which they will not be required to attend for duty and can be paid for leave without using their accrued leave credits. The determination is consistent with human rights, specifically the right to just and favourable conditions of work as outlined in Article 7 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

Defence Determination 2017/34 amends Defence Determination 2016/19, focusing on the conditions of service for members of the Australian Defence Force (ADF), as stipulated under section 58B of the Defence Act 1903. This Determination specifically adjusts the Christmas stand-down period for 2017-2018, affecting the dates during which ADF members are not required for duty. This adjustment is intended to align the ADF’s leave entitlements with those offered to Defence Australian Public Service employees and exceed community standards for leave and public holidays during the Christmas period. The changes apply to all members of the ADF, including those on long-term overseas postings. The Determination takes effect from 7 October 2017, as detailed in its commencement provision. While the Determination itself is subject to disallowance and the interpretation principles of the Acts Interpretation Act 1901, it does not necessitate consultation as it pertains to routine administrative adjustments. The instrument is also deemed compatible with human rights, as it does not impose any restrictions on the rights of ADF members.

Key Provisions

Defence Determination 2017/34 primarily amends Defence Determination 2016/19, specifically updating the Christmas stand-down period for 2017-2018 for members of the Australian Defence Force (ADF) (sections 1 and 4). The key amendments are made to Chapter 5, concerning leave for ADF members, and Chapter 15, which details the provisions for living and working on long-term posting overseas. The amendments reflect the updated dates for the Christmas stand-down period, ensuring that ADF members will not be required for duty over these dates. The Determination imposes obligations on the ADF to ensure that members are aware of the updated stand-down dates and that these dates are applied consistently. It also requires Defence to facilitate the payment of leave during the stand-down period without using members' accrued leave credits. Additionally, the Determination ensures that the stand-down period for ADF members overseas is in alignment with the stand-down period for Defence Australian Public Service employees and exceeds standard community leave and public holiday entitlements. For breach of the provisions outlined in this Determination, there are no specific offences or penalties mentioned. However, failure to comply with the Defence Act 1903 and the Defence Determination 2017/34 could result in disciplinary action under the Defence Force Discipline Act 1986. The consequences of non-compliance could include administrative penalties, fines, or other disciplinary measures as deemed appropriate by the relevant authorities. The Determination itself does not specify maximum penalties but refers to the overarching legal framework within which Defence operates. Defence Determination 2017/34 is consistent with human rights as it provides a period of reduced activity and leave for ADF members, aligning with international standards of just and favourable conditions of work. This is achieved by ensuring the stand-down period is in line with, and often exceeds, the leave and public holiday entitlements enjoyed by Defence Australian Public Service employees and the broader Australian community. The Determination does not limit any human rights but rather provides a fair and reasonable period of leave for ADF members.

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Defence & Military Law
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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.