EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Parking) Determination 2018 (No. 30)
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 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 increase the contribution rate for Commonwealth-owned parking at CDF specified locations that are allocated to members.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 section 1 omits and substitutes subsection 4.11.2.2 of the Principal Determination, which provides the annual contribution rate, payable by a member each fortnight, for an allocated parking space or parking permit at CDF specified locations. The subsection is being amended to increase the fortnightly contribution rate for an allocated parking space or parking permit from $40.00 to $60.00 per fortnight. Reference to an annual rate of the contribution payable by a member for a parking space or parking permit has been removed from the subsection. This increase in contribution is in-line with the increase to parking costs for Commonwealth-owned parking in the Government Federal Budget.
Consultation
The Chief Finance Officer Group and the Estate and Infrastructure Group 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 (Parking) Determination 2018 (No. 30)
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 increase the contribution rate for Commonwealth-owned parking at CDF specified locations that are allocated to members.
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.
Legitimate objective: Defence members are posted to perform duty in many locations around Australia and some of these locations require members to pay for their parking. There are a number of parking spaces which are allocated to members who hold a star rank or a specified position. Some of these parking spaces attract a Fringe Benefit Tax liability for Defence.
Reasonable, necessary and proportionate: This Determination implements an increase to the contribution for members who are allocated a parking space or a parking permit at locations where the CDF decides that a contribution is required. This increase in contribution is in-line with the increase to parking costs for Commonwealth-owned parking in the Government Federal Budget.
Conclusion
This Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.
Fiona Louise McSpeerin, Acting Assistant Secretary People Policy and Employment Conditions
Overview
The Defence Determination, Conditions of Service Amendment (Parking) Determination 2018 (No. 30) was enacted to address the need to align the contribution rates for parking at specified Defence Force locations with the increased costs of Commonwealth-owned parking, as outlined in the Government Federal Budget. This Determination, made under section 58B of the Defence Act 1903, amends Defence Determination 2016/19, Conditions of Service, which sets out the conditions of service for members of the Australian Defence Force (ADF). The policy objective of this Determination is to ensure that members of the ADF who are allocated parking spaces or permits at designated locations contribute a rate that reflects the actual costs of parking, thereby maintaining fairness and equity within the Defence community. The Determination was developed with consultation from the Chief Finance Officer Group and the Estate and Infrastructure Group, and it has been assessed as compatible with human rights, ensuring that any limitations on rights are reasonable, necessary, and proportionate to the legitimate objective of addressing parking costs.
Scope and Application
The Defence Determination, Conditions of Service Amendment (Parking) Determination 2018 (No. 30) is a legislative instrument made under section 58B of the Defence Act 1903, which amends the Defence Determination 2016/19, Conditions of Service. This Determination applies to members of the Australian Defence Force (ADF) who are allocated a parking space or parking permit at specified Commonwealth Defence Facilities (CDF) locations. The amendment concerns the increase of the fortnightly contribution rate for parking from $40.00 to $60.00, aligning with the increase in parking costs for Commonwealth-owned parking as outlined in the Government Federal Budget. The Determination is applicable nationally across Australia, as it affects ADF members stationed in various locations, and it does not specify any exclusions, exemptions, or thresholds beyond what is noted in the amendment. The Determination is subject to the interpretation principles in the Acts Interpretation Act 1901, as modified by section 58B of the Defence Act. The instrument is effective from 12 July 2018 and has been assessed for compatibility with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, concluding that the increase in contribution rates is reasonable, necessary, and proportionate.
Key Provisions
The Defence Determination, Conditions of Service Amendment (Parking) Determination 2018 (No. 30) amends Defence Determination 2016/19, specifically targeting the conditions of service under the Defence Act 1903 (section 58B). The principal change introduced by this Determination, as set out in Schedule 1 section 1, is the amendment of subsection 4.11.2.2 of the Principal Determination. This amendment increases the fortnightly contribution rate for an allocated parking space or parking permit at specified locations from $40.00 to $60.00. This change reflects the rise in parking costs for Commonwealth-owned parking as outlined in the Government Federal Budget.
The Determination imposes specific obligations on Defence members who are allocated parking spaces or permits at designated locations. These members are now required to pay an increased fortnightly contribution of $60.00, up from the previous rate of $40.00. This adjustment aligns with the broader increase in parking costs, ensuring that Defence members' financial contributions reflect the actual cost of parking services. The Determination also mandates that references to an annual rate of contribution have been removed, with all contributions now calculated on a fortnightly basis.
Failure to comply with the new contribution rates set out in this Determination could potentially result in breaches of the conditions of service under the Defence Act. While the Determination does not explicitly list specific penalties for non-compliance, Defence members who do not meet their financial obligations as stipulated could face disciplinary actions under the Defence Act. Such actions could include fines or other administrative penalties, depending on the severity of the breach and the Defence Force's internal disciplinary procedures.
In summary, the Defence Determination, Conditions of Service Amendment (Parking) Determination 2018 (No. 30) mandates an increase in the fortnightly contribution for Defence members who hold allocated parking spaces or permits at specified locations, reflecting the rise in parking costs. This adjustment imposes new financial obligations on affected Defence members, with potential consequences for non-compliance under the Defence Act.