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 (AIA 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 AIA Act.
Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term posting overseas for members of the Australian Defence Force (ADF).
This Determination has the following purposes.
- To provide assistance to a member to help minimise the risk to the personal safety of the member and their dependants while at high-risk posting locations overseas.
- To make some technical amendments to the Division that provides environmental assistance at the posting location overseas.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 11 July 2019.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Household help and snow clearing assistance amendments
Section 1 amends section 15.4.4 of the Principal Determination, which provides the contents of the Part. The title for Chapter 15 Part 4 Division 6 is amended as a consequence of the title change made to the Division by section 2 of this Determination.
Section 2 omits and substitutes Chapter 15 Part 4 Division 6 of the Principal Determination, which provided a member the reimbursement of costs paid for household help and snow clearing services at their overseas posting location. The new Division inserts a new benefit for members posted to locations that present a heightened risk to the member's and their dependants' personal safety. These risks are often caused by the socio-political environment at the location or the existence of a broad opposition and hostility towards Western culture. Members' social movement at these locations may be severely restricted.
Section 2 also remakes rules relating to household help and snow clearing that exists in the Principal Determination. The new rules do not reflect a change in the underlying policy, however technical amendments are made to improve readability and consistency.
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 provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
International Policy Division and Navy, Army and Air Force were consulted in making this Determination. The rule maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
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
This Determination has the following purposes.
- To provide assistance to a member to help minimise the risk to the personal safety of the member and their dependants while at high-risk posting locations overseas.
- To make some technical amendments to the Division that provides environmental assistance at the posting location overseas.
Human rights implications
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
Defence often requires its members to relocate to new locations around the world. It recognises the importance of providing assistance when a member is disadvantaged financially due to the overseas location or as a direct result of their official duties. This Determination provides assistance to a member posted to locations where the personal safety of the member or their dependants may be at risk. It reimburses a member the costs of employing staff to help negate the risk to the member and their dependants' personal safety. The Determination ensures a member and their dependants enjoy an adequate standard of living and are not financially disadvantaged.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Louise Judith Memmolo, Acting Assistant Secretary People Policy and Employment Conditions