Defence Determination, Conditions of service Amendment Determination 2020 (No. 11)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 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. These instruments are also subject to the interpretation principles in the AI Act.
This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).
- Chapter 1 sets out provisions dealing with definitions and interpretation of concepts relevant to pay and conditions.
- Chapter 2 sets out provisions dealing with joining and leaving the ADF.
- Chapter 3 sets out provisions dealing with salaries and bonuses.
- Chapter 4 sets out provisions dealing with allowances and reimbursements.
- Chapter 5 sets out provisions dealing with leave.
- Chapter 6 sets out provisions dealing with relocations on posting in Australia.
- Chapter 7 sets out provisions dealing with housing and meals.
- Chapter 8 sets out provisions dealing with members of the ADF and their dependants.
- Chapter 9 sets out provisions dealing with travel costs in Australia.
- Chapter 10 sets out provisions dealing with clothing and personal effects.
- Chapter 11 sets out provisions dealing with assistance available if a member of the ADF dies or suffers personal injury or disease as a result of their service.
- Chapter 12 sets out provisions dealing with overseas conditions of service.
- Chapter 13 sets out provisions dealing with short-term duty overseas.
- Chapter 14 sets out provisions dealing with relocating to or from long-term posting overseas.
- Chapter 15 sets out provisions dealing with living and working on long-term posting overseas.
- Chapter 16 sets out provisions dealing with overseas hardship locations.
- Chapter 17 sets out provisions dealing with warlike and non-warlike deployments.
The purpose of this Determination is to provide the following:
- A period of salary non-reduction for a member of the Air Force who is an Air Force Flight Test Engineer.
- A partial resumption of overseas reunion travel benefits that were limited as a consequence of the COVID-19 pandemic.
- The removal of all the sections in the Principal Determination that provide the contents of chapters, parts and divisions.
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 June 2020.
Schedule 1—Air Force Flight Test Engineer amendment
Section 1 amends subsection 3.2.52.3 of the Principal Determination. The amendment omits table item 2 which provided the salary non-reduction provision for certain Air Force members affected by the provisions of DFRT Determination No. 4 of 2006. The salary non-reduction provision for these members is provided by section 2 of this Schedule.
Section 2 inserts a new section 3.2.52A into the Principal Determination. The amendment sets out the conditions that a member must meet to be eligible for the ongoing pay placement which they held on 3 May 2006 and the conditions that triggers the cessation of the pay placement.
Schedule 2—Overseas reunion travel amendments
Section 1 amends subsection 14A.1.23.1 of the Principal Determination which specifies who section 14A.1.23 applies. The amendment omits and replaces the subsection expanding the application of the section to all members whose dependants who were evacuated from a posting location overseas as a consequence of the COVID-19 pandemic.
Section 2 amends paragraph 14A.1.23.2.a of the Principal Determination which specifies time limits for taking overseas reunion travel. The amendment inserts a new subparagraph which enables a specified decision maker to set a lesser time.
Section 3 inserts a new subsection after 14A.1.23.2 of the Principal Determination. The new subsection identifies the decision makers for the purpose of subparagraph 14A.1.23.2.a.iii. inserted as a consequence of this Schedule.
Section 4 amends subsection 15.3.13.3 of the Principal Determination which limits the ability of a member to use overseas reunion travel provided in Chapter 15 Part 3 during the COVID-19 pandemic. The amendment omits and substitute the rule to allow for a member to access overseas reunion travel benefits to visit their dependants in Australia. It remains that a member’s dependants cannot access overseas reunion travel to visit the member in the posting location during the COVID-19 pandemic.
Schedule 3—Technical amendments
Sections 1 to 68 omit all table of content sections in the Principal Determination. The table of content sections are non-legislative and do not need to be determined. A full table of content for the Determination will be provided at the beginning of the Determination, consistent with legislative drafting standards.
Schedule 4—Transitional
Section 1 specifies who the transitional schedule applies to. It includes members of the ADF who were on a long-term posting overseas who received a benefit that enables them to have a reunion visit after the 13 May 2020, but before the commencement of this Determination.
Section 2 authorises the benefit provided to the members identified in section 1, albeit retrospectively. The section limits the benefit to what the member would have been eligible for under reunion travel provisions in Chapter 15 Part 3 of the Principal Determination.
The retrospective effect of this section provides a benefit to the identified members and does not adversely affect the rights, interests or obligations of any person, other than the Commonwealth.
Consultation
Air Force and the Defence Force Remuneration Tribunal were consulted on the making of Schedule 1 of this Determination.
The Department of Foreign Affairs and Trade and International Policy Division, Department of Defence, was consulted on the making of Schedules 2 and 4 of this Determination.
The rule maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
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
The purpose of this Determination is to provide the following:
- A period of salary non-reduction for a member of the Air Force who is an Air Force Flight Test Engineer.
- A partial resumption of overseas reunion travel benefits that were limited as a consequence of the COVID-19 pandemic.
- The removal of all the sections in the Principal Determination that provide the contents of Divisions or Parts.
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.
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
Schedule 1—Air Force Flight Test Engineer – amendment
This Schedule advances the right to the enjoyment of just and favourable conditions and work and the right to an adequate standard of living by ensuring that a member is not financially disadvantaged by providing a further salary non-reduction period for an Air Force officer as a consequence of a change in the ADF engineering officer employment category.
Schedule 3—Overseas reunion travel amendments and schedule 4—Transitional
This Schedule advances the right to the enjoyment of just and favourable conditions by providing members posted overseas with the ability to travel to be temporarily reunited with their families in Australia as a part of their conditions of service package.
Schedule 3—Technical amendments
This Schedule does not engage with human rights. It makes administrative changes to the determination only and does not affect any rules, obligations or benefits provided in the Principal Determination.
Conclusion
Schedules 1, 2 and 4 of this Determination are compatible with human rights because they advance the protection of human rights.
Schedule 3 of 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