Defence Determination, Conditions of Service Amendment (Meals) Determination 2018 (No. 32)

Administered by Department of Defence

Legislation au F2018L01021 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Conditions of Service Amendment (Meals) Determination 2018 (No. 32)

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 (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, as modified by section 58B of the Defence Act.

Chapter 7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).

This Determination has the following purposes.

  • To make exceptions to the rule that a member is not required to contribute towards meals in the mess when not required to contribute towards living in accommodation.
  • To provide that a member may be eligible for food allowance at the same time as receiving maritime disability allowance or field allowance.
  • To fix typographical errors.

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 July 2018.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amends provisions relating to meals and food allowance for ADF members.

Sections 1, 4, 5, 9 and 11 correct typographic errors in section 7.9.3 and paragraphs 7.9.6.4.b, 7.9.6.5.a, 7.9.11.c and 7.9.12.1.b of the Principal Determination respectively.

Section 2 omits and substitutes paragraph 7.9.5.2.c of the Principal Determination, which provides that a member does not have to pay for meals in the mess if they are living-in and do not have to pay a contribution for their accommodation. Two exceptions to this rule are added.

  • A member without dependants who occupies a room with four or more beds.
  • A member of any category whose accommodation is below the level 1 standard.

Section 3 omits and substitutes paragraph 7.9.6.1.b of the Principal Determination, which provides that a member does not have to pay for meals in the mess if they are living in and do not have to pay a contribution for accommodation. There are two exceptions to this rule, one of which was a 'member with dependants' who occupies a room with four or more beds. The member categorisation in this exception was incorrect. Section 4 changes it to a 'member without dependants'. These members must either pay the casual meal charge or elect to make a fortnightly contribution towards meals.

Section 6 amends subsection 7.9.10.2 of the Principal Determination, which provides the fortnightly rate of food allowance. Defence Determination, Conditions of service Amendment (Food allowance) Determination 2018 (No. 14), inadvertently reverted the rate in force prior to 25 January 2018. The correct rate is restored.


Section 7 omits paragraph 7.9.11.a of the Principal Determination, which provided that a member was not eligible for food allowance for any period in which they were eligible for an allowance or an amount to pay for meals for three or more consecutive meals. The policy intent is that the member is not eligible for food allowance for any period they are provided with meals or an amount to purchase meals by the Commonwealth for more than a 24 hour period. That provision is made under subsection 7.9.11.b of the Principal Determination by section 8 of this Determination.

Section 8 omits and substitutes paragraph 7.9.11.b of the Principal Determination, which provided that a member is not eligible for food allowance for any period they are provided with meals by the Commonwealth for a period that is more than one day. The period of ineligibility includes a period when the member is provided an allowance or an amount by the Commonwealth to purchase meals.

Section 10 omits and substitutes paragraph 7.9.11.f of the Principal Determination, which provided that a member was not eligible for food allowance while in receipt of maritime disability allowance or field allowance. The change means a member may receive both allowances at the same time.

 

Consultation

The Directorate of Relocations and Housing and the Defence Pay and Administration Branch were consulted in the development of this Determination. 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 (Meals) Determination 2018 (No. 32)

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 make exceptions to the rule that a member is not required to contribute towards meals in the mess when not required to contribute towards living in accommodation.
  • To provide that a member may be eligible for food allowance at the same time as receiving maritime disability allowance or field allowance.
  • To fix typographical errors.

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 1 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.

This Determination does not limit the right to an adequate standard of living. It provides additional benefits for members and reduces ambiguity by correcting minor typographical errors to assist people to better understand and apply benefits.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

 

 

Overview

The Defence Determination, Conditions of Service Amendment (Meals) Determination 2018 (No. 32) amends Defence Determination 2016/19, which was made under section 58B of the Defence Act 1903. This determination was enacted to address specific issues related to meal provisions and food allowance for members of the Australian Defence Force (ADF). The primary objectives are to make exceptions to the rule that a member is not required to contribute towards mess meals when not contributing to accommodation costs, to allow members to be eligible for food allowance concurrently with maritime disability allowance or field allowance, and to correct typographical errors within the existing provisions. The enacting authority for this determination is Section 58B of the Defence Act 1903, and it is consistent with the human rights principles outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, particularly regarding the right to an adequate standard of living.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Meals) Determination 2018 (No. 32) applies to members of the Australian Defence Force (ADF) and amends provisions under the Defence Act 1903 concerning meals and food allowance. This instrument, made under section 58B of the Defence Act, addresses specific exceptions and eligibility criteria for meals and food allowance, clarifying circumstances in which members are not required to contribute towards mess meals and when they can receive food allowance concurrently with other allowances. The amendment corrects typographical errors and updates the fortnightly rate of food allowance, ensuring members receive accurate and fair benefits. This Determination is applicable nationally, affecting all ADF members regardless of their geographic location within Australia. It does not specify any exclusions but operates under the broader framework of the Defence Act and the Acts Interpretation Act 1901, which guide its interpretation and application. Subordinate instruments may extend or further specify the application of this Determination as required.

Key Provisions

The main operative sections of this Determination are sections 2, 4, 6, 7, 8, and 10, which collectively make amendments to Defence Determination 2016/19, Conditions of service. Section 2 specifies that the Determination commences on 12 July 2018, while Section 3 confirms the authority of the instrument under section 58B of the Defence Act 1903. The substantive amendments are found in Schedule 1, which amends provisions relating to meals and food allowance for Australian Defence Force (ADF) members. This includes the correction of typographical errors in various sections and the introduction of exceptions to the rule regarding meal contributions in the mess and eligibility for food allowance. The Determination imposes specific obligations on ADF members regarding meal contributions and eligibility for food allowances. Members without dependants who occupy a room with four or more beds, or those whose accommodation is below level 1 standard, must contribute towards mess meals unless they elect to make a fortnightly contribution. Members without dependants in certain living arrangements must either pay the casual meal charge or elect to make a fortnightly contribution. Additionally, the Determination clarifies that members are eligible for food allowance at the same time as receiving maritime disability allowance or field allowance, provided they are not provided with meals or an amount to purchase meals by the Commonwealth for more than 24 hours. Breaches of the provisions outlined in the Determination could lead to civil or criminal consequences, depending on the nature and severity of the breach. While the Determination does not explicitly state penalties for non-compliance, it is likely that any breach would be subject to the Defence Act 1903 and other applicable laws. For instance, if a member fails to comply with the meal contribution requirements, they may face disciplinary action under the Defence Act. Similarly, fraudulent claims for food allowance could result in criminal charges and penalties under the Criminal Code Act 1995. The exact penalties would depend on the specific circumstances of the breach and would be determined by the relevant authorities.

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