EXPLANATORY STATEMENT
Defence Determination (Compassionate travel – amendment) 2018
(No. 7)
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 9 of the Principal Determination sets out provisions dealing with travel in Australia for members of the Australian Defence Force (ADF).
This Determination has the following two purposes.
- To provide that compassionate travel may be granted to a member's spouse or partner where their brother or sister may have recently died.
- To provide clarification of what is an exceptional reason with regard to the grant of compassionate travel for the spouse or partner of a member.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 8 February 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 the Defence Determination 2016/19, Conditions of service
Section 1 amends table item 4 in section 9.3.52 of the Principal Determination, which provides that compassionate travel may be granted and who may be visited by a member's spouse or partner. The new provision provides for the member's spouse or partner being granted compassionate travel where their brother or sister has recently died.
Section 2 inserts a note in section 9.3.53 of the Principal Determination, which provides that compassionate travel may be granted for exceptional reasons. The note is to provide clarification that a relationship with a person not listed under section 9.3.52 is not considered to be an exceptional reason for travel to be granted.
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 (Compassionate Travel – amendment) 2018 (No. 7)
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 amendments to Defence Determination 2016/19, Conditions of service (the Principal Determination).
This Determination has the following two purposes.
- To provide that compassionate travel may be granted to a member's spouse or partner where their brother or sister may have recently died.
- To provide clarification of what is an exceptional reason with regard to the grant of compassionate travel for the spouse or partner of a member.
Conclusion
This Determination is compatible with human rights because it does not engage any applicable human rights or freedoms.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions