Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3)

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 reunion travel provisions as follows:

• Amend the language used within Division 4 of Part 3 to Chapter 9 of the Principal Determination as a consequence of the new categorisation and location frameworks which will take effect on
  1 July 2023.
• Insert provisions which provide reunion travel to members who have non-resident family that do not reside in the member’s family benefit location.
• Restructure Division 4 of Part 3 to Chapter 9 of the Principal Determination to incorporate the new non-resident family reunion travel benefit and to promote the use of contemporary drafting styles.

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 consultation was undertaken with Navy, Army and Air Force.

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

Annex A

Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3)

Operational details

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

Section 2 provides the Determination commences on 1 July 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—Reunion travel amendments

Item 1 repeals and substitutes Division 4 of Part 3 to Chapter 9 of the Principal Determination which provides reunion travel to members to reunite with their family when they do not live in the same location as the member. The Part has been repealed and substituted and now provides the following:

• Subdivision 1: General provisions which includes:

• Section 9.3.28, which provides the purpose of reunion travel. The purpose of reunion travel is to reunite a member with resident family or non-resident family who do not reside in the member’s housing benefit location.
• Section 9.3.29, which provides the maximum number of reunion travel credits a member may use under Division 4 of Part 3 to Chapter 9 within a 12-month period. The maximum limits vary depending on the type of resident family the member has.
• Section 9.3.30, which provides the circumstances which prevent a member who is part of a dual serving couple being eligible for reunion travel.
• Section 9.3.31, which provides who may use a reunion travel credit, when a reunion travel credit cannot be used, and the type of leave or absence a member must be on when they use a reunion travel credit.
• Section 9.3.32, which provides how using reunion travel credits reduces a member’s reunion travel credit balance.
• Section 9.3.33, which provides, depending on who books the travel, what costs a member is eligible for when using a reunion travel credit.
• Section 9.3.33A, which provides that a member may use more than one reunion travel credit at a time if specific criteria are met.
• Section 9.3.33B, which provides additional reunion travel benefits for a member if they use a reunion travel credit and are required to isolate as a consequence of being in a place that is in connection with the reunion travel.

• Subdivision 2: Reunion travel — reuniting with resident family which includes:

• Section 9.3.33C, which provides who the subdivision applies to.
• Section 9.3.33D, which provides the number of reunion travel credits a member who is not on a flexible service determination is eligible for under the subdivision.
• Section 9.3.33E, which provides the number of reunion travel credits a member who is on a flexible service determination is eligible for under the subdivision.
• Section 9.3.33F, which provides the effect a change in a member’s flexible service determination has on the number of reunion travel credits they are eligible for under the subdivision.
• Section 9.3.33G, which provides the day a member who is eligible for reunion travel credits under the subdivision will receive their reunion travel credits.
• Section 9.3.33H, which provides when a member’s reunion travel credits that they are eligible for under the subdivision expire.

• Subdivision 3: Reunion travel — reuniting with non-resident family which includes:

• Section 9.3.33I, which provides who the subdivision applies to.
• Section 9.3.33J, which provides the number of reunion travel credits a member is eligible for under the subdivision.
• Section 9.3.33K, which provides the day a member who is eligible for reunion travel credits under the subdivision will receive their reunion travel credits.
• Section 9.3.33L, which provides when a member’s reunion travel credits that they are eligible for under the subdivision expire.

Annex B

Defence Determination, Conditions of service Amendment (Subject matter) Determination 2023 (No. 3)

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 reunion travel provisions as follows:

• Amend the language used within Division 4 of Part 3 to Chapter 9 of the Principal Determination as a consequence of the new categorisation and location frameworks which will take effect on
  1 July 2023.
• Insert provisions which provide reunion travel to members who have non-resident family that do not reside in the member’s family benefit location.
• Restructure Division 4 of Part 3 to Chapter 9 of the Principal Determination to incorporate the new non-resident family reunion travel benefit and to promote the use of contemporary drafting styles.

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

Schedule 1 is compatible with human rights as it provides members with access to travel which allows them to reunite with their family when they are not living in the same location as their family due to Services reasons as a part of their conditions of service.

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.