EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AI Act).
Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.
This Determination amends the Principal Determination which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligations and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.
Purpose
The purpose of this Determination is to amend COVID-19 specific removals benefits to ensure members continue to receive benefits as provided immediately before the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
Operational details
Details of the operation of the Determination are provided at annex A.
Incorporation by reference
The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.
Retrospective application
The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.
Human rights compatibility
The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.
Review options
Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Before this Determination was made, consultation was undertaken with Navy, Army and Air Force, and Security and Estate Group.
The rule maker was satisfied that further consultation was not required.
Approved by: | COL Kirk Lloyd Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the Determination commences on 14 September 2023.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
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—COVID-19 removal benefits amendments
Items 1 to 7 amend various sections in the Principal Determination which provide removal benefits for a member, their resident family or other recognised persons. The sections have been amended to ensure members continue to receive COVID-19 related removal benefits as provided immediately before the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
Annex B
Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11)
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Determination
The purpose of this Determination is to amend COVID-19 specific removals benefits to ensure members continue to receive benefits as provided immediately before the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
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.
Assessment of compatibility
This Determination is compatible with human rights as it provides members with assistance with the removals to their new posting location. These benefits are provided as a part of a member’s conditions of service in recognition of their requirement to move homes for Service reasons.
Conclusion
This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.