Defence Determination, Conditions of service Amendment Determination 2023 (No. 1)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2023 (No. 1)

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 do the following:

• Update the authorised person who may make an offer of a bonus to:
  • Ensure that the decision to offer members at particular star ranks a bonus can only be exercised by the CDF.
  • Update position titles to reflect organisational change within Navy.
  • Promote the use of contemporary drafting styles.
• Provide clarity to the reader that only one remote location leave travel benefit is to be used for each remote location leave travel journey. The amendments do not alter the underlying policies or the benefits which are currently provided.

Operational details

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

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:

• Schedule 1: Navy, Army and Air Force.
• Schedule 2: Navy, Army, Air Force and Defence Travel Services.

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

Annex A

Defence Determination, Conditions of service Amendment Determination 2023 (No. 1)

Operational details

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

Section 2 provides that this Determination commences on the day after it is registered on the Federal Register of Legislation.

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—Bonus decision‑makers amendments

Item 1 amends section 3.5.8 of the Principal Determination which provides the positions authorised to determine the maximum amount of a bonus under the general bonus framework as well as the positions authorised to make the offer of the bonus. The section is repealed and substituted to provide that an offer of a bonus to a member holding the rank of Major General or above must be made by the Chief of the Defence Force and to promote the use of contemporary drafting styles.

Items 2 to 6 amend section 3.5.66 of the Principal Determination which provides the conditions a member of the Navy must meet in order to be eligible for a retention bonus under the Navy capability framework. The following amendments have been made:

• Item 2 repeals and substitutes the heading to the section to promote simplification.
• Items 3 to 5 make technical amendments that promote the use of contemporary drafting styles.
• Item 6 repeals and substitutes subsection 3.5.66.5 to update the name of the positions authorised to make an offer of a bonus to a member holding the rank of Commodore or lower from “Director Navy Career Performance Support” to “Director Navy Recruiting, Retention and Transitions“, and from “Deputy Director Navy Career Performance Support” to “Director Navy Employment Conditions”. The subsection has also been amended to provide that the CDF must make an offer of a bonus to a member holding the rank of Rear Admiral and above.

Item 7 amends Annex 3.5.G Part A which provides the form that is to be used to provide information about the offer and the bonus scheme to individuals critical to Navy capability. The item replaces “Director Navy Career Performance and Support/Deputy Director Navy Career Performance and Support” with “the Chief of the Defence Force/Director Navy Recruiting, Retention and Transitions/Director Navy Employment Conditions” to update the positions who are authorised to make the offer of a bonus as a consequence of the changes made by item 7 of this Schedule.

Schedule 2—Remote location leave travel amendments

Item 1 adds section 9.4.25A in Chapter 9 Part 4 Division 4 of the Principal Determination. The Division provides a member and their dependants with remote location leave travel to give relief from the climate and isolated conditions of the remote location. Section 9.4.25A is added to clarify the policy intention, which is that only one travel benefit can be used for each journey, but does not change the underlying benefit.

Item 2 inserts a note into subsections 9.4.26.5, 9.4.27.5, 9.4.28.4, 9.4.30.4 and 9.4.31.5 and provides a cross-reference to section 9.4.25A advising readers that it applies to the use of travel benefits under each of the relevant sections.

Annex B

 Defence Determination, Conditions of service Amendment Determination 2023 (No. 1)

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:

• Update the authorised person who may make an offer of a bonus to:
  • Ensure that the decision to offer members at particular star ranks a bonus can only be exercised by the CDF.
  • Update position titles to reflect organisational change within Navy.
  • Promote the use of contemporary drafting styles.
• Provide clarity to the reader that only one remote location leave travel benefit is to be used for each remote location leave travel journey. The amendments do not alter the underlying policies or the benefits which are currently provided.

Assessment of compatibility

Schedules 1 and 2 make amendments to the Principal Determination which do not change underlying policies or benefits. As such, they do not engage any of the applicable rights or freedoms.

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.