Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11)

Administered by Department of Defence

Legislation au F2023L01240 Not in force Legislative Instrument

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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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11) was enacted to amend COVID-19 specific removals benefits for members of the Australian Defence Force (ADF) and their families, ensuring they continue to receive benefits as provided immediately before the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9). This Determination, made under section 58B of the Defence Act 1903, was introduced to address the gap in benefits arising from the earlier amendment, ensuring that members do not face any adverse effects from the removal of certain COVID-19-related benefits. Enacted by the Australian Parliament, the policy objective of this Determination is to maintain the integrity and support of the ADF by recognising the unique nature of military service and the obligations and limitations that military service places on members and their families. This is achieved by providing consistent and equitable benefits to those who serve in the ADF, thereby supporting their well-being and operational effectiveness.

Scope and Application

The Defence Determination, Conditions of service Amendment (COVID-19 removal benefits) Determination 2023 (No. 11) amends Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903. This amendment applies to members of the Australian Defence Force (ADF) and their families, ensuring they continue to receive COVID-19 related removal benefits as provided immediately prior to the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9). The determination is made in accordance with the Acts Interpretation Act 1901 and is subject to the interpretation principles and disallowable legislative instruments under the Legislation Act 2003. The scope of the amendment is specific to COVID-19 removal benefits, ensuring that these benefits are not interrupted. The determination does not affect the rights of persons (other than the Commonwealth) in a manner prejudicial to them and does not impose any liability on such persons. Human rights compatibility is addressed in the statement of compatibility, confirming that the determination is compatible with human rights as it provides members with necessary assistance related to their service conditions.

Key Provisions

The main sections of the Defence Determination, Conditions of Service Amendment (COVID-19 Removal Benefits) Determination 2023 (No. 11) primarily concern the adjustment of COVID-19 removal benefits for members of the Australian Defence Force (ADF) and their families, as stipulated in Schedule 1 (section 4). These amendments ensure that ADF members continue to receive the benefits they were entitled to before the commencement of the Defence Determination, Conditions of Service Amendment Determination 2023 (No. 9). Specifically, items 1 to 7 in Schedule 1 modify various sections of the Principal Determination that provide removal benefits, thereby retaining the previous level of support for relocation related to the COVID-19 pandemic. This Act imposes certain obligations on the parties it governs, primarily centred around the continuation of benefits for ADF members and their families. The amendments ensure that these individuals receive consistent and uninterrupted support for their relocation needs. This includes maintaining the financial and logistical assistance that was previously provided, acknowledging the unique challenges posed by military service, particularly during a global pandemic (section 4). In terms of breaches and penalties, the Determination does not explicitly detail specific offences, penalties, or consequences for non-compliance within its text. However, given that the Determination is a disallowable legislative instrument under the Legislation Act 2003, any failure to comply with its provisions could potentially lead to disallowance of the instrument. Additionally, any breaches of the Defence Act 1903 or Defence Regulation 2016 could result in civil or criminal consequences, although the specific penalties are not outlined in the Determination itself. The Act does allow for inquiries under the ADF redress of grievance system and complaints to the Defence Force Ombudsman, providing avenues for addressing potential non-compliance issues.

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Determination
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Commencement Provisions
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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.