EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Removals and storage) Determination 2018 (No. 25)
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 6 of the Principal Determination sets out provisions dealing with removals and storage for members of the Australian Defence Force (ADF).
The purpose of this Determination is to remove provisions from the Principal Determination that compensate a member if their possessions are damaged or lost during a removal. Members are covered by a warranty scheme provided by the Commonwealth removalist as a matter of contract.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 14 June 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Sections 1, to 3, 5 and 8 to 12 remove references Chapter 6 Part 4 of the Principal Determination, which provided compensation to members if their possessions are damaged or lost while in storage or during a removal at Commonwealth expense. The references are no longer relevant because the Part was omitted by section 4 of this Determination.
Section 4 omits Chapter 6 Part 4 from the Principal Determination, which provided compensation to members if their possessions are damaged or lost while in storage or during a removal at Commonwealth expense. The warranty scheme provided by this Part is implemented by the Commonwealth removalist as a matter of contract. The removal of the Part does not result in a reduction of member benefits because the member is compensated for loss or damage under the conditions of contract with the Commonwealth removalist.
Section 6 inserts section 6.5.9A into the Principal Determination. The new section authorises the expenditure of Commonwealth funding to provide an insurance scheme for the benefit of members to compensate them for items damaged or lost during removal or storage at Commonwealth expense. The scheme is provided as a matter of contract between Defence and the Commonwealth removalist. The details outlining member warranty responsibilities, obligations and rights are available in section 4 of the Commonwealth removalist's 'Defence Relocation Guide', which is made available to the member upon the commencement of their removal.
Section 7 inserts section 6.5.12A into the Principal Determination, which reimburses a member the cost of insuring urgently required household items during a removal. This provision was located in Chapter 6 Part 4, which was removed by Schedule 1 section 4 of this Determination. The provision falls outside the Commonwealth removalist warranty scheme and is therefore reinserted into the Principal Determination.
Consultation
The Directorate of Relocation and Housing was consulted in the making of this Determination. The rulemaker was satisfied that 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 (Removals and storage) Determination 2018 (No. 25)
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 remove provisions from the Principal Determination that compensate a member if their possessions are damaged or lost during a removal. Members are covered by a warranty scheme provided by the Commonwealth removalist as a matter of contract.
Human rights implications
Right to the liberty of movement and freedom.
The protection of a person's right to liberty of movement and freedom to choose their residence engages Article 12 of the International Covenant on Civil and Political Rights. Article 12 guarantees that everyone shall have the right to liberty of movement and freedom to choose their residence.
Defence members are required to live in various posting locations throughout Australia and overseas. This could cause a member and their family financial hardship when they are required to relocate during their time in service and when they cease continuous full-time service. Defence pays for the removal and storage of members' furniture and effects when they relocate due to posting. It is important that compensation is provided to members if their belongings are damaged or lost during the relocation process.
This Determination removes compensation provisions from the Principal Determination because the Commonwealth removalist is responsible for compensating the member and not the Commonwealth. A warranty scheme is provided by the Commonwealth removalist as a matter of contract. The removal of the Part does not result in a reduction of member benefits because the member is compensated for loss or damage under the Commonwealth removalists warranty scheme. The details outlining member warranty responsibilities, obligations and rights are available in section 4 of the Commonwealth removalist's 'Defence Relocation Guide', which is made available to the member upon the commencement of their removal.
Elizabeth Anne Sisley, Acting Assistant Secretary People Policy and Employment Conditions