Defence Determination, Conditions of service Amendment (Executive vehicle allowance) Determination 2019 (No. 35)

Administered by Department of Defence

Legislation au F2019L01606 Not in force Legislative Instrument

Legislation content

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

Overview

The Defence Determination, Conditions of Service Amendment (Executive Vehicle Allowance) Determination 2019 (No. 35) was enacted to address the gap in the Defence Act 1903 concerning the eligibility criteria for executive vehicle allowances for members of the Australian Defence Force (ADF). This Determination was made under section 58B of the Defence Act and in accordance with the Acts Interpretation Act 1901. The objective of this legislation is to ensure that ADF members who have been directed to perform higher duties for a continuous period of three months or more are eligible for an executive vehicle allowance. This allowance is intended to recognise the additional responsibilities and qualifications of star rank officers, particularly those of Brigadier rank and higher, and to support them in their professional contributions and future career transitions. The determination was supported by consultations with the Navy, Army and Air Force, the Directorate of Senior Officer Management, and the Defence Tax Management Office, and it has been assessed as compatible with human rights, specifically the right to just and favourable conditions of work as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Executive vehicle allowance) Determination 2019 (No. 35) amends the Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This Determination applies to members of the Australian Defence Force who have been directed to perform higher duties, specifically those of a star rank, for a continuous period of three months or more. It is designed to make such members eligible for executive vehicle allowance, thereby recognising their additional responsibilities and professional contribution. The changes are applicable nationally and extend to all members of the ADF who meet the specified criteria. The Determination is subject to the interpretation principles of the Acts Interpretation Act 1901 and operates under the legislative framework provided by the Legislation Act 2003. Any further application or restrictions are managed through subordinate instruments, although specific exclusions or exemptions are not explicitly mentioned in the text provided.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Executive Vehicle Allowance) Determination 2019 (No. 35) introduces significant changes to the Defence Determination 2016/19, primarily concerning eligibility for the executive vehicle allowance. Section 4.6.2 of the Principal Determination has been amended to include members directed to perform duties of a star rank. This means that officers of Brigadier rank or higher, who have been assigned to perform higher duties for at least three months, are now eligible for the executive vehicle allowance (Section 4.6.6). This amendment clarifies that the allowance is available to those who have been performing elevated responsibilities for an extended period, thereby recognising the additional duties and professional contributions of star rank officers. Under this Determination, the obligations on ADF members include maintaining their duties as specified and ensuring they meet the criteria for eligibility for the executive vehicle allowance. Specifically, they must have been directed to perform higher duties for a continuous period of at least three months to qualify for the allowance. Additionally, the Defence Force Ombudsman and the ADF redress of grievance system are available for members to address any adverse decisions related to their eligibility or reimbursement of the allowance. Failure to comply with the provisions of this Determination can result in adverse consequences. While specific penalties are not detailed in the Determination, it is clear that any breaches may be subject to inquiry under the ADF's internal grievance redress system. Furthermore, members have the right to lodge a complaint with the Defence Force Ombudsman, who can investigate and address any grievances. The Determination ensures that members are aware of the processes available to them should they encounter issues with the application of these allowances. The Determination is designed to be compatible with human rights, specifically referencing Article 7 of the International Covenant on Economic, Social and Cultural Rights, which guarantees just and favourable conditions of work. By providing additional benefits to star rank officers, the Determination aims to recognise the significant professional contributions and qualifications of these officers, thereby advancing the protection of their human rights within the ADF framework.

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Area of Law
Defence Law
Instrument
Determination
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Transitional Provisions

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