Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 10)
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 (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.
This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).
- Chapter 8 sets out provisions dealing with members of the ADF and their dependants.
- Chapter 9 sets out provisions dealing with travel costs in Australia.
- Chapter 10 sets out provisions dealing with clothing and personal effects.
- Chapter 11 sets out provisions dealing with assistance available if a member of the ADF dies or suffers personal injury or disease as a result of their service.
The purpose of this Determination is to make a number of technical amendments that do not alter the underlying policies, or the benefits which are currently provided. This includes the removal of information that is non-legislative in nature and does not need to be determined.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 8 July 2021.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Miscellaneous amendments
The changes under this Schedule are technical amendments and do not alter the underlying policies, or the benefits which are currently provided.
Any section not listed for this Schedule omits examples, non-examples, notes, see notes, related information, relevant information and authorities from the Principal Determination. This information is non-legislative in nature and does not need to be determined.
Section 1 is an application provision which sets out terms that are used in the Schedule.
Sections 2, 16, 92, 119, 225, 286 and 291 omit a number of sections from the Principal Determination which provide overviews of Chapters and Parts. These overviews are non-legislative in nature and do not need to be determined.
Sections 3, 4 and 292 omit Chapter 8 Part 1, Chapter 8 Part 2 and Chapter 11 Part 1, respectively, from the Principal Determination. These Parts are placeholders for information that is non-legislative in nature and do not need to be determined.
Section 17 omits section 8.4.2 from the Principal Determination which provides the definition of ‘Compulsory tuition fees’ used in Chapter 8 Part 4. This definition has been moved to section 8.4.5 by section 20 of this Schedule.
Section 20 omits and substitutes section 8.4.5 of the Principal Determination which provides the components which form a part of education assistance. This section has been replaced with the definition of ‘Compulsory tuition fees’ which has been omitted by section 17 of this Schedule. The information that was previously provided under the section is non-legislative in nature and does not need to be determined.
Section 50 omits section 8.6.11 from the Principal Determination which provides that education assistance for children with special needs. The section is information only and does not need to be determined as section 8.4.14 of the Principal Determination provides this rule.
Section 59 omits and substitutes section 8.7.5 of the Principal Determination which provides the assistance which may be provided under Chapter 8 Part 7 and when that assistance ceases. Section 8.7.5 has been amended to provide when the assistance under Chapter 8 Part 7 ceases. The information regarding what assistance may be provided has been omitted as it is non-legislative in nature and does not need to be determined. Section 59 also inserts a new section 8.7.5A into the Principal Determination which provides that assistance under the Part may be extended after eligibility ceases. This provision is currently an exception under subsection 8.7.5.2.
Section 65 omits and substitutes subsection 8.7.9.3 if the Principal Determination which provides the weekly amount for incidentals allowance that is payable to an eligible person during the attendance at a Court of Inquiry. The subsection has been rewritten to include a reference to subsection 9.5.41.2 which provides the rate of incidentals allowance.
Section 66 omits section 8.7.11 from the Principle Determination which provides that may be provided to a person attending a Court of Inquiry is provided with unclassified and publicly released transcripts from the inquiry. This information is process only and does not need to be determined.
Sections 94 to 97 omit and substitute paragraphs 9.2.9.c, 9.2.10.1.b, 9.2.11.1.b and 9.2.12.1.c, respectively, of the Principal Determination which provide that a member must have been granted short absence for removal purposes as a conditions to be eligible for travel on removal. The paragraphs have been amended to include a reference to section 5.11.9 which provides the rules for short absence for removal purposes.
Section 104 amends section 9.2.18 of the Principle Determination which provides that a member with dependants who travels on posting without the dependants has the travel benefits as if they were travelling on temporary duty. The section has been amended to include a reference to Chapter 9 Part 2 Division 2 where the temporary duty travel benefits are provided.
Section 112 omits and substitutes paragraph 9.2.29.b of the Principle Determination which provides that a member’s dependants are not eligible for travel benefits under Chapter 9 Part 2 Division 6 when they are eligible for travel on the death of the member. The paragraph has been amended to include a reference to Chapter 9 Part 3 Division 10 which provides the travel benefits for these dependants.
Section 113 amends subsection 9.2.30.2 of the Principal Determination which provides the baggage limit for a member and their dependants when they travel by air. The subsection has been amended to omit a note and to insert a new subsection 9.2.30.3 which provides that a member is not eligible for insurance costs relating to additional baggage under section 9.2.30.
Sections 126 and 127 amend section 9.3.18 of the Principal Determination which provides travel for a non-Service partner on the breakdown of a relationship. Section 126 amends the title of the section to better reflect the purpose of the section. Section 127 amends subsection 9.3.18.1 to include a reference to Chapter 6 Part 5 Division 10 which provides the rules for assistance to a non-Service partner on the breakdown of a marriage or partnership.
Section 130 omits and substitutes subparagraph 9.3.21.2.b.ii of the Principal Determination which provides the cost for removing a vehicle as a factor for reimbursement when a non-Service partner has been authorised to travel by private vehicle. The subparagraph has been amended to include a reference to Chapter 6 Part 5 Division 5 which provides the vehicle removal provisions.
Section 140 omits and substitutes paragraph 9.3.45.a of the Principal Determination which provides that a member is eligible for a reunion travel benefit for a child who is a tertiary student when they are eligible for education assistance. The paragraph has been amended to include a reference to Chapter 8 Part 4 Division 5 which provides education assistance for tertiary students.
Section 154 omits section 9.3.62 from the Principle Determination which provides the principle behind the Australians dangerously ill scheme within Australia. This section is information only and does not need to be determined.
Section 164 omits section 9.3.70 from the Principal Determination which provides what assistance an approved visitor may be provided under Chapter 9 Part 3 Division 9. This section is information only and does not need to be determined.
Section 173 amends section 9.3.83 of the Principle Determination which provides that insurance provisions for a removal on the death of a member will include any baggage that is also removed. This section has been amended to include a reference to Chapter 6 Part 5 Division 11 which provides the removal provisions on the death of a member.
Section 265 omits section 9.6.1 from the Principle Determination which provides the purpose of vehicle allowance. The information in this section has been included in section 9.6.4 as amended by section 266 of this Determination and is no longer required.
Section 266 omits and substitutes section 9.6.4 of the Principal Determination which provides the purpose of Chapter 9 Part 6 Division 1. The section has been amended to provide a purpose statement for Chapter 9 Part 6.
Section 293 and 294 amend Chapter 11 Part 2 of the Principle Determination which provides additional military compensation for members who suffer an injury that results in death or severe impairment. Section 293 inserts a new Division 1 title after the title of the Part and section 294 omits the current Division 1 title from the Principal Determination. These changes are to allow section 11.2.1 to be included in Division 1 and to rename the Division to better reflect the content of the Division.
Consultation
The rule maker was satisfied that the changes made by this Schedule are technical in nature and 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
The purpose of this Determination is to make a number of technical amendments that do not alter the underlying policies, or the benefits which are currently provided. This includes the removal of information that is non-legislative in nature and does not need to be determined.
Human rights implications
This Determination is technical in nature and does not engage any of the applicable rights or freedoms.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions