EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Reimbursement of clothing expenses) Determination 2018 (No. 11)
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 10 of the Principal Determination sets out provisions dealing with clothing and personal effects for members of the Australian Defence Force (ADF).
The purpose of this Determination is to make provision for a member posted to the CDF Signals Detachment to be eligible for the reimbursement of the costs of purchase or hire of clothing associated with the member's duties. The Determination also amends the Part to clarify that the payment is a benefit rather than an allowance.
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 March 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Defence Determination 2016/19, Conditions of service
Section 1 amends section 10.0.2 of the Principal Determination. The contents have been amended by replacing the term 'allowance' with 'benefit'.
Section 2 amends Chapter 10, Part 3 of the Principal Determination. The amendment gives clarity to the Part by amending the wording in the title from 'allowance' to 'benefit'.
Section 3 omits the note under section 10.3.1 of the Principal Determination. The note provided that the three Services authorised payment of aide-de-camp allowance. It has been removed as it is unnecessary.
Section 4 omits and substitutes section 10.3.2 of the Principal Determination. The section has been amended to provide clarity for the reader and to provide for a member posted to the CDF Signals Detachment to be eligible for the reimbursement of the costs of purchase or hire of clothing associated with the member's duties.
Section 5 amends section 10.3.3 of the Principal Determination. The amendment gives clarity to the section by amending the wording in the title from 'allowance' to 'benefit'.
Sections 6, 7 and 8 amend section 10.3.3 of the Principal Determination. The amendment gives clarity to the subsection, corrects some typographical errors and removes a subsection that is not relevant.
Consultation
No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the amendment is of a minor or machinery nature and does not substantially alter existing arrangements.
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 (Reimbursement of clothing expenses) 2018 (No. 11)
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 makes technical amendments to Defence Determination 2016/19, Conditions of service.
The purpose of this Determination is to make provision for a member posted to the CDF Signals Detachment to be eligible for the reimbursement of the costs of purchase or hire of clothing associated with the member's duties. The Determination also amends the Part to provide that the payment is a benefit rather than an allowance.
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.
This Determination provides a benefit for certain members with the cost of purchase or hire of civilian clothing to meet the representational roles of an aide-de-camp, an ADF advisor or for Defence Personnel posted to the CDF Signals Detachment, to ensure that an affected person continues to receive just and favourable compensation. A member should not suffer a disadvantage resulting from additional clothing expenses incurred when they are required to perform the duty associated with these positions.
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