Defence Determination, Conditions of Service Amendment (Reimbursement of clothing expenses) Determination 2018 (No. 11)

Administered by Department of Defence

Legislation au F2018L00177 Not in force Legislative Instrument

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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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

Overview

The Defence Determination, Conditions of Service Amendment (Reimbursement of clothing expenses) Determination 2018 (No. 11) amends Defence Determination 2016/19, Conditions of Service, made under section 58B of the Defence Act 1903. This instrument was enacted to address a gap in the provision of reimbursement for clothing expenses for members of the Australian Defence Force (ADF) posted to the CDF Signals Detachment, ensuring they receive just and favourable compensation for their representational roles. This Determination was enacted by the Australian Government and aims to provide clarity and fairness in the reimbursement of clothing expenses, reclassifying the payment as a benefit rather than an allowance. It ensures that members do not suffer any disadvantage due to additional clothing expenses incurred in performing their duties.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Reimbursement of clothing expenses) Determination 2018 (No. 11) amends Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This legislation applies to members of the Australian Defence Force (ADF) who are posted to the Chief of Defence Force Signals Detachment, providing them with eligibility for reimbursement of the costs of purchase or hire of clothing associated with their duties. The amendment clarifies that the payment is a benefit rather than an allowance. The instrument is subject to the interpretation principles in the Acts Interpretation Act 1901, as modified by section 58B of the Defence Act, and is a disallowable legislative instrument under the Legislation Act 2003. The amendment is of a minor or machinery nature and does not substantially alter existing arrangements, hence no external consultation was undertaken. The Determination is compatible with human rights as it ensures that members of the ADF who are required to perform duties associated with certain positions receive just and favourable compensation, without suffering a disadvantage resulting from additional clothing expenses.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Reimbursement of clothing expenses) Determination 2018 (No. 11) introduces several key amendments to Defence Determination 2016/19, Conditions of service (subsection 33(3) of the Acts Interpretation Act 1901). Specifically, it amends Chapter 10 of the Principal Determination, which deals with clothing and personal effects for members of the Australian Defence Force (ADF) (section 4 of the Determination). The primary changes include altering the terminology from 'allowance' to 'benefit' in several sections to clarify the nature of the payments being made (sections 1, 2, and 5). Additionally, it specifies that members posted to the CDF Signals Detachment are eligible for reimbursement of the costs of purchasing or hiring clothing associated with their duties (section 4). The Determination also removes outdated notes and irrelevant subsections to streamline the text (sections 3 and 6 to 8). The Determination imposes obligations on the parties it governs, primarily clarifying the terms under which members of the ADF can be reimbursed for certain clothing expenses. It mandates that members posted to the CDF Signals Detachment can claim reimbursement for clothing costs directly related to their duties (section 4). It also ensures that the payment is classified as a 'benefit' rather than an 'allowance', which may have implications for how these payments are accounted for and understood (sections 1, 2, and 5). The changes are designed to provide clear and accurate information to ADF members regarding their entitlements and to avoid any confusion that might arise from outdated terminology or unnecessary notes. There are no explicit provisions detailing offences, penalties, or consequences for breaches within this Determination. However, any failure to comply with the conditions set out in the amended sections could potentially lead to disputes or claims being denied. Given that the changes are primarily clarifications and technical adjustments, there are no new penalties introduced. The focus remains on ensuring that affected members receive just and favourable compensation without suffering disadvantages due to additional clothing expenses (Human Rights (Parliamentary Scrutiny) Act 2011). The compatibility statement affirms that the Determination advances the protection of human rights by ensuring that members continue to receive fair compensation for their duties.

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