EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the 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. These instruments are also subject to the interpretation principles in the AI Act.
Chapter 4 of the Principal Determination sets out provisions dealing with allowances and reimbursements for members of the Australian Defence Force (ADF).
The purpose of this Determination is to provide for a member who has been directed to perform higher duties for a period of three months or more to be eligible for executive vehicle allowance.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 12 December 2019.
Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 – Executive vehicle allowance
Section 1 omits and substitutes section 4.6.2 of the Principal Determination. The section sets out which member the Part applies to and has been amended to include a member who is directed to perform the duties of a star rank.
Section 2 omits and substitutes section 4.6.3 of the Principal Determination. The amendment provides a revised and updated definition for the term 'Star Rank'.
Section 3 omits and substitutes section 4.6.6 of the Principal Determination. The section has been amended to include a provision for a member who has been directed to perform higher duties of a star rank for a continuous period of three months or more to be eligible for executive vehicle allowance. The section has also been revised to provide clarity for the reader while the intent remains unchanged.
Schedule 2 – Transitional provision – Executive vehicle allowance
Section 1 provides a transitional provision for a member who would have been eligible to receive executive vehicle allowance from 17 December 2018 to the commencement of this Determination. The transitional provision will provide for a member to be reimbursed executive vehicle allowance.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Navy, Army and Air Force were consulted in the making of this Determination. The Directorate of Senior Officer Management and the Defence Tax Management Office were also consulted and support the changes. The rulemaker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Defence Determination, Conditions of Service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)
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 for a member who has been directed to perform higher duties for a period of three months or more to be eligible for executive vehicle allowance.
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.
Defence recognises that demands are placed on star rank officers and that they have achieved a high level of qualification and skill along with their seniority. Officers holding the rank of Brigadier or higher are provided with additional benefits to recognise their professional contribution. These benefits will assist members in their transition to a fresh career when they leave the ADF.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Michael Ian McCulloch, Acting Assistant Secretary People Policy and Employment Conditions