Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

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 (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 obligation 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 do the following:

• To make miscellaneous amendments that are routine in nature, and do not alter the underlying policy. These amendments will not change the benefits which are currently provided. Specifically, the Determination:
• Updates salary non-reduction provisions.
• Removes expired salary non-reduction provisions.
• Removes the restricted travel destination provisions.
• Amends recreation leave during a journey during the COVID-19 pandemic.
• Extend the date of operation of the overseas in-country offset for accommodation.
• To make technical amendments that promote the use of the correct terminology and bring a number of definitions into line with contemporary drafting standards. Technical amendments are routine in nature, and do not alter the underlying policy. These amendments will not change the benefits which are currently provided.
• Amends career transition benefits to provide an additional 12 months for members who have received a termination notice for the reason of being medically unfit for service in the Defence Force, and who are unable to access training due to their medical condition or injuries to apply for and undertake career transition training.
• To amend the higher duties allowance provisions to provide clarity in in managing and approving higher duties allowance.
• Set out the Christmas stand-down dates for 2021-2022.
• To enable a member who is ceasing continuous full-time service at their own prior to completing 3 years’ continuous full-time service, to have a removal at the end of their service to a location of their own choice. This provides a more flexible removal benefit to members. The increased flexibility provided by these amendments may result in a cost to the member, payable by way of contribution, if the member chooses to be removed to a location that will cost more to effect the removal than the place they were enlisted or appointed, or if they are an overseas applicant, their port of entry into Australia. In these cases, the member must pay the difference.
• To amend overseas post index and hardship location tables to include Changwon, South Korea.
• To provide a salary non-reduction period of 4 years for Army Reserve personnel in the Operator Plant Grade 2 employment category on 19 January 2022. This will preserve the salary of the Reserve members who do not currently meet the new prerequisites for the revised skill grade while the member completes the prescribed service and training requirements to advance to a higher pay grade in the new Construction Engineer structure.

Operational Details

Details of the operation of the Determination are provided at annex A.

Incorporation by reference

For the purpose of adopting Defence Force Remuneration Tribunal (DFRT) determinations, being instruments other than a legislative instrument, section 58B(1A) of the Defence Act provides a contrary intention to section 14(2) of the Legislation Act. Section 58B(1A) of the Defence Act permits DFRT determinations, as in force from time to time, being adopted in this determination in accordance with section 14(1)(b) of the Legislation Act.

The Determination makes references to sections of the Defence Regulation 2016 (the Defence Regulation), the Antarctic Marine Living Resources Conservation Act 1981, the Defence (Inquiry) Regulations 2018 and the Long Service Leave (Commonwealth Employees) Act 1976. These Instruments are incorporated into the Determination as in force from time to time. Section 1.2.5A of the Principal Determination specifies that a reference to an Act of Parliament or a legislative instrument to which section 14(3) of the AI Act applies are incorporated as in force from time to time, unless otherwise stated.

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, the following consultation was undertaken:

• Schedules 1 and sections 1 and 2 of Schedule 11: Navy, Army and Air Force, Defence Travel, Directorate of Attaché and Overseas Management and Overseas Administration Team were consulted during the development of these Schedules. The Department of Foreign Affairs and Trade was also consulted in relation to section 21 of Schedule 1.
• Schedules 2, 3, 4 and 7: The rule maker was satisfied that the changes made by these Schedules are technical in nature and external consultation was not required.
• Schedule 5: Consultation with the Directorate of Member and Family Services was undertaken in the development of this Schedule.
• Schedule 6: Navy, Army and Air Force were consulted in the development of this Schedule.

• Schedule 8: Navy, Army and Air Force, the Directorate of Relocations and Housing, and Toll were consulted in the development of this Schedule.

• Schedule 9: Defence Attaché Seoul and the Directorate of Attaché and Overseas Management were consulted in the development of this Schedule.
• Schedule 10: Army and Air Force were consulted during the development of this Schedule.

The rule maker was satisfied that the further consultation was not required.

Annex A

Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides the following commencement dates:

• Sections 1 to 4 of this Determination and anything in the Determination not elsewhere covered by the table commences on the day after the instrument is registered.
• Schedules 1 to 9 and 11 of this Determination commences on 9 December 2021.
• Schedule 10 of this Determination commences on 6 January 2022.

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—Miscellaneous amendments

Section 1 amends section 1.1.3 of the Principal Determination, which sets out the abbreviations used within the Principal Determination, to omit ‘This’ is omitted and substitute ‘The’.

Sections 2 to 9 amend table items 9, 11, 14, 16, 33, 36, 39 and 41 of Annex 3.2.B of the Principal Determination, which sets out the salary non-reduction provisions for members with the rank of Warrant Officer Class 1 or lower. These table items are amended to remove ambiguity in the administration of the salary non-reduction provisions.

Sections 10 to 14 amend Annex 3.2.D of the Principal Determination, which sets out the salary non-reduction provisions for offices. Annex 3.2.D has been amended to omit expired salary non-reduction provisions that expired on 1 July 2021.

Section 15 omits subsection 3.6.4.d of the Principal Determination, which sets out that a member who is offered a deliberately differentiated offer under this Part cannot start their agreed period of service if the member is on Reserve service. This is a duplicate of paragraph 3.6.4.3.iii and is removed.

Section 16 omits section 5.2.6 of the Principal Determination, which was introduced in response to the global ‘do not travel’ advice in response to the COVID-19 pandemic. On 28 October 2021, the Government announced the removal of the global ‘Do Not Travel’ advisory. Omitting section 5.2.6 allows Defence members on a long-term posting overseas to use the previous international travel policy, which relied on country specific travel advice published on the Smartraveller.gov.au website.

Section 17 amends section 5.4.33 of the Principal Determination, which sets out the rules that apply to the granting of recreation leave. Subsection 5 is inserted to prohibit a member being granted recreation during a journey under Chapter 14 Part 4 during the COVID-19 pandemic unless there are exceptional circumstances.

Section 18 amends the title of Chapter 12 Part 4 Division 1 of the Principal Determination to omit ‘UN’ and substitute ‘United Nations’.

Section 19 amends section 14.4.15 of the Principal Determination, which sets out the rest period benefits for a member when travelling to and from a posting location. The amendment inserts a note at the end of the section which advises the member may take recreation leave during or at the end of a journey in conjunction with a rest period and alerts them that under section 5.4.33, they cannot be granted recreation leave taken during a journey during the COVID-19 pandemic unless there are exceptional circumstances.

Section 20 omits section 14.4.16 of the Principal Determination, which sets out recreation leave with rest periods. This section is omitted as it is non-legislative in nature.

Section 20 amends subsection 16.6.11A of the Principal Determination, which provides the end date for the in-country offset accommodation benefit.  The subsection is amended to extend the benefit until 30 June 2022 in line with the Department of Foreign Affairs and Trade policy.

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

Schedule 2—Definitions – Chapters 2 and 3 amendments

Section 1 amends subsection 2.3.2.4 of the Principal Determination, which provides that if a member's retirement age is less than 48 weeks from the day the service of the member is to be terminated, the redundancy benefit payable is for the period up to the member's retirement age. The subsection has been amended to promote the use of contemporary drafting standards.

Sections 2, 4, 5 and 10 omit and substitute various sections within the Principal Determination, which provide definitions that apply to their respective Part or Division. The following sections have been omitted and substituted to promote the use of contemporary drafting standards:

• Section 3.2.18B which provides definitions that apply to Chapter 3 Part 2 Division 2: Commencement salary.
• Section 3.2.28 which provides definitions that apply to Chapter 3 Part 2 Division 3: Increments.
• Section 3.2.47B which provides definitions that apply to Chapter 3 Part 2 Division 4A: Specialist Officer – Aviation – increment placement, progression and transfer.
• Section 3.6.2 which provides definitions that apply to Chapter 3 Part 6: Deliberately differentiated offer for members.

Section 3 amends section 3.2.23 of the Principal Determination, which provides the commencement salary for a member with previous military service. Subsection 3.2.23.1 provides the definition of “relevant military service” that applies to the section has been redrafted to promote the use of contemporary drafting standards.

Section 6 omits and substitutes section 3.5.5 of the Principal Determination, which provides definitions which apply to Chapter 3 Part 5 Division 2: Bonus Framework. The section has been redrafted to promote the use of contemporary drafting standards and to omit the definitions of “current capability shortage” and “workforce structure shortage”. These definitions have been incorporated into section 3.5.9 of the Principal Determination by section 7 of this Schedule.

Section 7 omits and substitutes section 3.5.9 of the Principal Determination, which provides the factors the CDF must consider before determining a bonus for a member. The section has been amended to include the definition of “current capability shortage” and “workforce structure shortage” which were omitted from section 3.5.5 of the Principal Determination by section 6 of this Schedule. 

Section 8 omits and substitutes section 3.5.65 of the Principal Determination, which provides definitions which apply to Chapter 3 Part 5 Division 9: Navy – Individuals critical to Navy capability. The section has been redrafted to promote the use of contemporary drafting standards and to omit the definitions of “current capability shortage” and “workforce structure shortage”. These definitions have been incorporated into section 3.5.9 of the Principal Determination by section 9 of this Schedule.

Section 9 omits and substitutes section 3.5.66 of the Principal Determination, which provides when a member is eligible for a bonus and the factors the Director General Navy People must consider before determining the bonus. The section has been amended to include the definition of “current capability shortage” and “workforce structure shortage” which were omitted from section 3.5.65 of the Principal Determination by section 8 of this Schedule. 

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

Schedule 3—Definitions – Chapter 4 amendments

Sections 1, 4 and 5 omit and substitute various sections within the Principal Determination, which provide definitions that apply to their respective Part or Division. The following have been omitted and substituted to promote the use of contemporary drafting standards:

• Section 4.4.4 which provides definitions that apply to Chapter 4 Part 4 Division 1: ADF district allowance – general and rates.
• Chapter 4 Part 4 Division 5: Allowances for services in Antarctica – general provisions which provides definition that apply to the Chapter 4 Part 4 Divisions 5, 6, 7 and 8.
• Section 4.4.38 which provides definitions that apply to Chapter 4 Part 4 Division 8: Allowances for service in the Antarctic – Antarctic parity allowance.

Sections 2 and 3 amend Chapter 4 Part 4 Division 3 of the Principal Determination, which provides an allowance for members serving at the Port Wakefield establishment to compensate them for the isolation, harsh climate and cost of living involved. The division is amended to change ‘establishment’ to ‘the Proof and Experimental Establishment at Port Wakefield’. As a consequence of this, the definition provided by section 4.4.18 is no longer required and is removed.

Section 6 inserts section 4.5.2A into the Principal Determination, which provides a definition of “meal period” which applies to Chapter 4 Part 5: Meal allowance.

Sections 7, 9, 13 and 19 omit sections 4.5.5, 4.6.3, 4.8.4 and 4.8.28 respectively of the Principal Determination. The following sections have been omitted as a consequence of amendments made by this Schedule.

• Section 4.5.5, which provides a definition of “meal period” has been incorporated by section 6 of this Schedule.
• Section 4.6.3, which provides a definition of “star rank” has been incorporated by sections 8 and 10 of this Schedule.
• Section 4.8.4, which provides a definition of “eligible dependant” has been incorporated by section 14 of this Schedule.
• Section 4.8.28, which provides a definition of “dental officer” has been incorporated by section 11 of this Schedule.

Sections 8 and 10 amend Chapter 4 Part 6: Additional benefits for star rank officers, which provides benefits for members who hold a rank of Brigadier or higher. The section has been amended to change “star rank” to “rank of Brigadier or higher” to promote the use of correct terminology consistent with the Defence Act and contemporary drafting standards.

Section 11 inserts Chapter 4 Part 8 Division 1 (General Provisions) into the Principal Determination. Section 4.8.1 has been inserted under the Division which provides definitions that apply to Part 8: Training payments and promotes the use of contemporary drafting standards.

Section 12 amends Chapter 4 Part 8 Division 1 (Trainee's dependant allowance) of the Principal Determination, which provides trainee's dependant allowance which supplements a trainee's salary when they are supporting one or more eligible dependants. The Division has been renumbered as a consequence of amendments made by section 11 of this Schedule.

Section 14 omits and substitutes section 4.8.6 of the Principal Determination, which provides Chapter 4 Part 8 Division 1 does not apply. The Division provides trainee dependant allowance to trainees to supplements their salary when they are supporting one or more eligible dependants. Subsection 4.8.6.2 has been inserted which provides a definition of “eligible dependant” which applies to the section.

Section 15 omits and substitutes section 4.8.15 of the Principal Determination, which provides the definition of “refresher training course” which applies to Chapter 4 Part 8 Division 3: Former medical or dental officer – refresher training. The section has been amended to promote the use of contemporary drafting standards.

Sections 16, 17 and 18 amend various provisions within Chapter 4 Part 8 Division 3 of the Principal Determination to correctly reference the definition of “refresher training course” to promote consistency. The following amendments have been made by these sections:

• Sections 16 and 17 amend section 4.8.17 of the Principal Determination, which provides conditions that apply to the refresher training payments. References to “course” have been substituted with “refresher training course”.
• Section 18 omits and substitutes section 4.8.18 of the Principal Determination, which provides a calculation used to determine the daily rate of payment for refresher training. The section has been redrafted to reference “refresher training course” throughout the section.

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

Schedule 4—Definitions – Chapter 5 amendments

Sections 1, 2 and 3 omit and substitute various sections within the Principal Determination, which provide definitions that apply to their respective Chapter or Part. The following have been omitted and substituted to promote the use of contemporary drafting standards:

• Section 5.1.1A, which provides definitions that apply to Chapter 5: Leave.
• Section 5.2.3, which provides definitions that apply to Chapter 5 Part 2: Leave for travel to restricted destinations
• Section 5.4.6, which provides definitions that apply to Chapter 5 Part 4: Recreation leave.

Sections 4, 5 and 9 omit sections 5.4.10, 5.5.5 and 5.9.20 respectively of the Principal Determination. These sections have been omitted as a consequence of the following amendments made by this Schedule.

• Section 5.4.10, which provides a definition of “field service”, “flight duties” and “special service” have been incorporated by section 3 of this Schedule.
• Section 5.5.5, which provides a definition of “long service leave Act” and “start date” have been incorporated by sections 1, 6 and 7 of this Schedule.
• Section 5.9.20, which provides a definition of “prescribed area” has been incorporated by section 9 of this Schedule.

Section 6 amends section 5.5.15 of the Principal Determination, which provides how prior service is recognised for the purpose of the accrual of service for long service leave. Subsection 5.15.15.1 is amended to change the reference to ‘Long Service Leave Act’ to ‘Long Service Leave (Commonwealth Employees) Act 1976’. The definition of “Long Serve Leave Act” was removed by section 5 of this Schedule.

Section 7 amends section 5.5.27 into the Principal Determination, which provides how a member on higher duties, temporary or acting rank is to be paid for long service leave if they elect to receive payment instead of long service leave. Subsection 5.5.27.4 has been inserted which provides a definition of “start date” that applies to section 5.5.27. The definition was previously provided by section 5.5.5 which was omitted by section 5 of this Schedule.

Section 8 amends section 5.8.2 of the Principal Determination, which provides definitions that apply to Chapter 5 Part 8: War service leave. The section has been amended to include a definition of “warlike service” which has the same meaning given by section 1.3.79 of the Principal Determination.

Section 10 amends section 5.9.22 of the Principal Determination, which provides the conditions which apply to the grant of pre-deployment leave. Subsection 5.9.22.5 has been inserted which provides a definition of “prescribed area” that applies to section 5.9.22. The definition was previously provided by section 5.9.20 which was omitted by section 9 of this Schedule.

Section 11 amends section 5.11.16A of the Principal Determination, which provides definitions which apply to Chapter 5 Part 11 Division 4: Short absence – supervision of children. The section has been amended to change “For the purpose of this Division” to “In this Division” to promote the use of correct terminology and contemporary drafting standards.

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

Schedule 5—Career transition benefits amendments

Section 1 inserts subsections 2.2.5.1A, 2.2.5.1B and 2.2.5.1C into the Principal Determination. The new subsections provide the following:

• Section 2.2.5.1A provides that a member who has received a termination notice for the reason of being medically unfit for service in the Defence Force, and who is unable to access training due to their medical condition or injuries is eligible for an additional 12 months to apply for and to undertake career transition training.
• Subsection 2.2.5.1B provides that the member must not commence the approved training unless the decision maker is satisfied that the member is medically fit to undertake it.
• Section 2.2.5.1C provides who the decision maker is for the purpose of subsections 2.2.5.1A and 2.2.5.1B.

Schedule 6—Higher duties allowance amendments

Section 1 omits and substitutes the table at section 4.1.2 of the Principal Determination, which lists the ranks and employee classifications of approvers for the purposes of higher duties allowance. The table is amended to more clearly state the circumstances in which an approver can act.

Section 2 omits and substitutes subsection 4.1.5.1 of the Principal Determination, which sets out the criteria to be considered by an approver when considering the appropriateness of higher duties allowance. The subsection is amended by including an additional criteria for determining whether higher duty allowance is appropriate.

Section 3 amends section 4.1.7 of the Principal Determination, which sets out when a member ceases to be eligible for higher duties allowance. Subsection 4.1.7.f is inserted to include the day the member is promoted.

Schedule 7—Christmas stand-down amendments

Section 1 omits and substitutes paragraph 5.12.3.1.b of the Principal Determination, which sets the dates a member is eligible to stand-down over Christmas for 2021. The new paragraph sets the stand-down dates from 24 December 2021 to 3 January 2022 inclusive.

Section 2 omits and substitutes subsection 15.11.3, table item 1, which sets the Christmas stand-down period for 2021-2022. The table item 1 dates have been remade to include 2 January 2022.

Schedule 8—Removals on ceasing full-time service – contribution amendments

Section 1 and 2 amend subsection 6.5.48.2 of the Principal Determination, which specifies where a member can have a removal to in certain circumstances. The sections replace the limitations in paragraphs a. and b. with a location of the member’s choice.

Section 3 inserts a new section after section 6.5.48 of the Principal Determination. The new section applies to a member who is eligible for a removal under either paragraph 6.5.48.1.d or paragraph 6.5.48.1.e. The section requires a member to pay a contribution if the cost of their removal to a chosen location is greater than the cost of the removal to their place of enlistment or appointment, or if the member is an overseas applicant, to their entry port to Australia. The rate of the contribution is the difference between the two costs.

Schedule 9—Posting location and hardship location amendments

Sections 1 and 2 amend Annex 12.3.B of the Principal Determination which lists the post index locations and data service provider locations used for determining the post index under section 12.3.14A. Section 1 inserts Changwon as a new posting location in South Korea. The entry for South Korea has also been inserted into the table at item 41A and has been omitted from item 44 by section 2, this change puts the entry in alphabetical order in the table.

Section 3 amend Annex 16.B of the Principal Determination which provide details used for determining benefits for members posted to specific posting locations that are hardship locations. The amendment adds a new table item to include Changwon, South Korea, as a hardship location. The benefits provided by the amendment align with similar hardship locations.

Schedule 10—Salary non-reduction amendments

Section 1 inserts new table item 13 into the table in Part 2 of Annex 3.2.B for members with the rank of Warrant Officer Class 2 or lower. The employment category of Operator Plant Grade 2 has been inserted into the table at pay grade 4 with a salary non-reduction period of 20 January 2022 until 19 January 2026.

Schedule 11—Transitional provisions

Section 1 defines Defence Determination 2016/19 for the purpose of this Schedule.

Section 2 provides that a member who was eligible for salary non-reduction under Annex 3.2.B, Part 1 table items 9, 11, 14 or 16, or Annex 3.2.B, Part 2 table items 33, 36, 39 or 41 of Defence Determination 2016/19 on 30 July 2020 remains eligible between 31 July 2020 and the commencement of this determination, as though the changes in Schedule 1 of this Determination been in force during that time. 

Annex B

 Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

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 do the following:

• To make miscellaneous amendments that are routine in nature, and do not alter the underlying policy. These amendments will not change the benefits which are currently provided. Specifically, the Determination:
• Updates salary non-reduction provisions.
• Removes expired salary non-reduction provisions.
• Removes the restricted travel destination provisions.
• Amends recreation leave during a journey during the COVID-19 pandemic.
• Extend the date of operation of the overseas in-country offset for accommodation.
• To make technical amendments that promote the use of the correct terminology and bring a number of definitions into line with contemporary drafting standards. Technical amendments are routine in nature, and do not alter the underlying policy. These amendments will not change the benefits which are currently provided.
• Provide an additional 12 months for members who have received a termination notice for the reason of being medically unfit for service in the Defence Force, and who are unable to access training due to their medical condition or injuries to apply for and undertake career transition training.
• To amend the higher duties allowance provisions to provide clarity in in managing and approving higher duties allowance.
• Set out the Christmas stand-down dates for 2021-2022.
• To enable a member who is ceasing continuous full-time service at their own prior to completing 3 years’ continuous full-time service, to have a removal at the end of their service to a location of their own choice. This provides a more flexible removal benefit to members. The increased flexibility provided by these amendments may result in a cost to the member, payable by way of contribution, if the member chooses to be removed to a location that will cost more to effect the removal than the place they were enlisted or appointed, or if they are an overseas applicant, their port of entry into Australia. In these cases, the member must pay the difference.
• Include Changwon, South Korea, as an overseas post index and hardship location.
• To provide a salary non-reduction period of 4 years for Army Reserve personnel in the Operator Plant Grade 2 employment category on 19 January 2022. This will preserve the salary of the Reserve members who do not currently meet the new prerequisites for the revised skill grade while the member completes the prescribed service and training requirements to advance to a higher pay grade in the new Construction Engineer structure.

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

Schedules 1 and sections 1 and 2 of Schedule 11 are compatible with human rights as they ensure that members of the Air Force on pay grade 5 to 8 who remustered to another Airman Aircrew category maintain their level of remuneration based on their qualifications and skills while undergoing re-categorisation as a part of their conditions of service package.

Also, while temporarily limiting when a member can take recreational leave on their return travel to Australia during the COVID-19 pandemic, the Schedule does not reduce a member’s recreation leave credits or the rate of accrual. The measure is a reasonable and propitiate measure taken to promote the safety of members during the COVID-19 pandemic and is compatible with human rights.

The remainder of Schedule 1 does not engage with human rights.

Schedules 2, 3 and 4 of this Determination do not engage any of the applicable rights or freedoms due to the technical nature of the amendments.

Schedule 5 is compatible with human rights as it provides additional time for members who and medically unfit for service in the Defence Force to access benefits to assist them with training in preparation for civilian life when they cease service with the ADF.

Schedule 6 does not engage any of the applicable rights or freedoms as it makes technical amendments to the higher duties allowance benefit in the Principal Determination.

Schedule 7 is compatible with human rights as it provides members with an additional day of leave within the Christmas stand-down period for 2021-2022 as a part of their conditions of service package.

Schedule 8 is compatible with human rights as it provides flexibility to members to decide the location to which they will have a removal when they chose to cease full-time service as a part of their conditions of service package. The member may be required to pay a contribution towards the removal if it costs more than the removal to their place of enlistment or appointment, or if they are an overseas applicant, their port of entry into Australia.

Schedule 9 advances human rights by providing additional assistance to a member performing duty in Changwon, South Korea, so that the member and their dependants are compensated for the difficulties or hardships they can experience while performing duty in a hardship location as a part of their conditions of service package.

Schedule 10 promotes the right to just and favourable conditions of work by providing a 4 year salary non-reduction period for Army personnel in the Operator Plant Grade 2 employment category. This will preserve the salary of members who do not currently meet the prerequisites in the new construction engineer structure.

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.