EXPLANATORY STATEMENT

Defence Determination 2017/44

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.

Chapter 3 of the Principal Determination sets out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).

This Determination has the following two purposes:

• To update the list of ways a medical officer may enter the medical officer specialist officer career structure (specialist career structure).
• To ensure that increment advancements occur every twelve months for members in the Medical Officer specialist officer salary structure. The amendments clarify increment advancement for members in the specialist officer salary structure so that when a member advances to a higher competency level or increment level the next occurrence for a member to advance an increment level will be 12 months later.

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

Section 2 provides that this instrument commences on 11 Jan 2018.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amends Defence Determination 2016/19, Conditions of service

Section 1 omits and substitutes subsection 3.2.42.1 of the Principal Determination which provides the way a medical officer may enter the specialist career structure. The section has been amended to remove paragraph 3.2.42.1.a as all of the members to whom this paragraph applied have now been progressed into the specialist career structure. Paragraph 3.2.42.1.a stated the way a member who has a competency level that is converted to a medical level on commencement of DFRT Determination No. 4 of 2010, Medical officer salaries – specialist officers amendment moves into the specialist career structure. Paragraphs 3.2.42.1.b, 3.2.42.1.c and 3.2.42.1.d have been renumbered to reflect this change.

Section 2 omits and substitutes subsection 3.2.42.3 of the Principal Determination. The amendment provides for increment advancement for Medical Officers and that increment advancement, up to the maximum increment, every twelve months after the later of the date that the member either entered into the medical officer specialist career structure, advanced to a higher medical level, or received their last increment advancement.

Consultation

Consultation is not considered necessary as this Determination is policy neutral and consequential amendments to the Principal Determination ensure it is compliant with section 14 of the Legislation Act 2003.

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 2017/44, Medical officers increment advancement - 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

This Determination makes technical amendments to Defence Determination 2016/19, Conditions of service.

This Determination has the following two purposes:

• To update the list of ways a medical officer may enter the medical officer specialist officer career structure (specialist career structure).
• To ensure that increment advancements occur every twelve months for members in the Medical Officer specialist officer salary structure. The amendments clarify increment advancement for members in the specialist officer salary structure so that when a member advances to a higher competency level or increment level the next occurrence for a member to advance an increment level will be 12 months later.

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.

Conclusion

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.

Phillip John Hoglin, Acting Assistant Secretary People Policy and Employment Conditions