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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Overview
The Defence Determination (Compassionate Travel – Amendment) 2018 (No. 7) amends Defence Determination 2016/19, Conditions of Service, which was made under section 58B of the Defence Act 1903. This Determination was introduced to address the need to expand the circumstances under which compassionate travel may be granted to spouses or partners of members of the Australian Defence Force (ADF). Specifically, it allows for compassionate travel when a family member, such as a brother or sister, has recently died, and clarifies that relationships with individuals not explicitly listed in the original determination do not constitute an exceptional reason for travel. Enacted by the Australian government and subject to the Legislation Act 2003, the policy objective of this amendment is to ensure that the provisions remain compliant with legislative standards while providing necessary support to ADF members during times of personal loss.
Scope and Application
The Defence Determination (Compassionate travel – amendment) 2018 (No. 7) amends Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This instrument applies to members of the Australian Defence Force (ADF), their spouses, or partners, specifically when these individuals face a recent bereavement within their immediate family. The amendment extends compassionate travel provisions to include situations where a member's spouse or partner has a sibling who has recently passed away, thus broadening the circumstances under which compassionate leave can be granted. Additionally, the Determination clarifies what constitutes an exceptional reason for compassionate travel, ensuring that relationships with individuals not explicitly listed under the previous conditions do not qualify as exceptional reasons. This legislative instrument operates within the Commonwealth jurisdiction and is subject to the Legislation Act 2003 and the Acts Interpretation Act 1901. The amendments are consequential and policy-neutral, thus no consultation was deemed necessary. The Determination ensures compliance with human rights as it does not infringe upon any rights or freedoms recognised in international human rights instruments.
Key Provisions
The Defence Determination (Compassionate travel – amendment) 2018 (No. 7) primarily amends the Defence Determination 2016/19, Conditions of service (the Principal Determination) under section 58B of the Defence Act 1903. The amendments, detailed in Schedule 1, primarily focus on expanding the criteria for granting compassionate travel to members of the Australian Defence Force (ADF) and their spouses or partners. Specifically, section 9.3.52 of the Principal Determination is altered to allow compassionate travel to be granted to a member's spouse or partner if their brother or sister has recently died. Additionally, section 9.3.53 is clarified through a note to ensure that relationships with persons not listed under section 9.3.52 are not considered exceptional reasons for travel. These changes aim to provide broader support to ADF members and their families during times of bereavement.
The obligations and requirements imposed by this Determination are primarily administrative and procedural. Defence personnel and their families must adhere to the updated conditions set out in the amended sections of the Principal Determination. The Defence Force must ensure that the updated criteria for compassionate travel are correctly interpreted and applied, including verifying the relationship between the member's spouse or partner and the deceased relative. Compliance with these provisions ensures that the compassionate travel policy remains consistent and fair, providing necessary support to those affected by the loss of a close family member.
Failure to comply with the provisions of this Determination could result in the denial of compassionate travel, which may have significant personal and emotional consequences for the affected parties. Although specific penalties are not outlined in the Determination, non-compliance with Defence policies can lead to disciplinary action against the member or their representatives. Additionally, the Defence Force may face administrative challenges if the updated criteria are not correctly implemented, potentially leading to disputes or legal challenges. It is essential for all parties to understand and adhere to the updated conditions to ensure the smooth and effective operation of the compassionate travel policy.