Defence Determination, Conditions of service Amendment (Operation COVID-19 ASSIST allowance) Determination 2022 (No. 5)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Operation COVID-19 ASSIST allowance) Determination 2022 (No. 5)

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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

This Determination amends the Principal Determination which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligation and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.

Purpose

The purpose of this Determination is to establish an allowance payable to members who are force assigned to Operation COVID-19 Assist. The Determination implements government policy by making an allowance payable to members of the Permanent Forces and the Reserves for each day they provide paid duty on Operation COVID-19 ASSIST within the specified area.

Operational Details

Details of the operation of the Determination are provided at annex A.

Retrospective application

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Human rights compatibility

The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.

Review options

Decisions that are made under the Principal Determination, as amended by this Determination, 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

Before this Determination was made, consultation was undertaken with the Minister of Defence and the allowance was approved by the Expenditure Review Committee of Cabinet. Additionally, consultation was undertaken with Army, Navy, Air Force, Headquarters Joint Operations Command, Defence Finance Group, and the Directorate of People Systems Business Support within Defence.

Annex A

Defence Determination, Conditions of service Amendment (Operation COVID-19 ASSIST allowance) Determination 2022 (No.5)

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that the Determination will commence on 14 April 2022.

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—Operation COVID-19 ASSIST allowance

Section 1 inserts a new part into the Principal Determination to establish the Operation COVID-19 ASSIST allowance. Specifically, the section inserts the following sections:

• Section 4.12.1 provides the purpose of the allowance.
• Section 4.12.2 identifies members who are eligible for the allowance. This includes members of the Permanent Forces and members of the Reserves who are force assigned to Operation COVID-19 Assist. This is indicated by the member’s name being recorded in an operational staffing document and by the member being issued a Headquarters Joint Operations Command deployment order for Operation COVID-19 ASSIST. The member must also have an operations log entry for Operation COVID-19 ASSIST in PMKeyS, being the personnel management system used by the Department of Defence. 
• Section 4.12.3 establishes the allowance at the rate of $25.62 for each day of paid service the member is recorded in PMKeyS as being within a specified area of operation for Operation COVID-19 ASSIST. The allowance is not payable on a day the member is on a type of leave. If the member is undertaking Reserve service, the member must also be paid under the Operation COVID-19 ASSIST Activity Account Code for that day.

Annex B

Defence Determination, Conditions of service Amendment (Operation COVID-19 ASSIST allowance) Determination 2021 (No. 24)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Determination

The purpose of this Determination is to establish an allowance payable to members who are force assigned to Operation COVID-19 ASSIST. The allowance is payable to members of the permanent forces and the Reserves for each day they provide paid duty while force assigned to the operation.

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.

Assessment of compatibility

This Determination is compatible with human rights in that it provides additional remuneration, by way of an allowance, to members of the ADF as a part of their conditions of service package. The establishment of the allowance is in response to the unique situation that COVID-19 presents.

Conclusion

This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.