Defence Determination 2017/44, Medical officers increment advancement– amendment

Administered by Department of Defence

Legislation au F2017L01706 Not in force Legislative Instrument

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

 

 

Overview

The Defence Determination 2017/44 was enacted to amend Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This legislation was introduced to address two primary issues: updating the ways a medical officer may enter the medical officer specialist officer career structure, and ensuring that increment advancements occur every twelve months for members in the Medical Officer specialist officer salary structure. This determination was made by the relevant legislature under the authority of the Defence Act 1903, and the policy objective is to clarify increment advancement for members in the specialist officer salary structure, ensuring the next increment advancement will occur twelve months after a member advances to a higher competency level or increment level. The amendments aim to ensure compliance with legislative requirements and provide clear guidelines for the career progression and remuneration of medical officers within the Australian Defence Force.

Scope and Application

Defence Determination 2017/44 is an amendment to Defence Determination 2016/19, Conditions of service, and it applies to the Australian Defence Force (ADF) members, particularly those in the medical officer specialist officer career structure. The primary focus of this Determination is to update the conditions under which medical officers can enter the specialist career structure and to establish a clear schedule for increment advancements within this career structure. The amendment ensures that increments are advanced every twelve months following a member's advancement to a higher competency level or increment level, providing a structured pathway for career progression. The Determination is made under section 58B of the Defence Act 1903, thus applying nationally and subject to disallowance and the principles of the Acts Interpretation Act 1901. There are no stated exclusions or exemptions within this Determination, and it comes into effect on 11 January 2018. The amendments are consequential, ensuring compliance with legislative requirements, and no consultation was deemed necessary as the changes are policy neutral.

Key Provisions

The Defence Determination 2017/44 primarily addresses two aspects of the conditions of service for medical officers in the Australian Defence Force (ADF) as outlined in Defence Determination 2016/19. Firstly, it updates the ways a medical officer may enter the medical officer specialist officer career structure (section 1 of Schedule 1). Secondly, it ensures that increment advancements occur every twelve months for members in the Medical Officer specialist officer salary structure (section 2 of Schedule 1). The determination specifically removes and renumbers paragraphs in subsection 3.2.42.1 to streamline the process of entering the specialist career structure and clarifies the timing of increment advancements, ensuring that the next increment advancement for a member occurs 12 months after they have entered the specialist career structure, advanced to a higher medical level, or received their last increment advancement. The obligations imposed by this Determination on the parties it governs include ensuring that the conditions of service are updated to reflect the new provisions regarding the entry into the specialist career structure and the increment advancements. The Defence Force must implement these changes to comply with the requirements set out in the amended sections of the Principal Determination. For medical officers, this means adhering to the new pathways for entering the specialist career structure and understanding the new schedule for increment advancements. Breaches of the provisions in this Determination could lead to administrative or disciplinary actions, though specific offences, penalties, or consequences are not explicitly stated in the provided text. The maximum penalties for breaches of Defence Act provisions are generally outlined in the Defence Act itself or in related legislation, but these are not detailed within the scope of this particular Determination. It is important for the parties governed by this Determination to ensure compliance to avoid any potential repercussions, including those that may arise from non-compliance with the Defence Act or other relevant legislation.

Legal classification tags

Area of Law
Administrative Law
Defence & Military Law
Employment & Labour Law
Instrument
Determination
Concepts
Definitions & Interpretation
Repeal & Amendment
Increment Advancement
Conditions of Service

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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.