Defence Determination, Conditions of service Amendment (Star rank increments) Determination 2021 (No. 13)
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. These instruments are also subject to the interpretation principles in the AI Act.
Chapter 3 of the Principal Determination sets out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).
The purpose of this Determination is to reinstate the salary increment advancement for members holding a rank of Brigadier or higher, or an equivalent rank, which was ceased by Defence Determination, Conditions of service (Star rank increment advancement) Amendment Determination 2020 (No. 12) on 6 August 2020 as part of the whole of Government response to the COVID-19 pandemic. The reinstatement of the salary increment advancement for affected members is consistent with the Government’s approach to salary increases provided to the Senior Executive Service.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 5 August 2021.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Star rank amendments
Section 1 amends subsection 3.2.30.1 of the Principal Determination which provides non-specialist members of the ADF with salary related increment advancement. The amendment removes the reference to section 3.2.31, which is removed by section 2 of this Determination.
Section 2 omits section 3.2.31 of the Principal Determination which provides that non-specialist members of the ADF holding a rank of Brigadier or higher, or an equivalent rank, ceased to be eligible for a salary increment advancement after 6 August 2020. The removal of this section reinstates salary increment advancement for non-specialist members of the ADF holding the rank of Brigadier or higher, or an equivalent rank.
Sections 3 and 4 amend section 3.2.41 of the Principal Determination which provides salary increment advancement for Chaplains, Maritime Spiritual Wellbeing Officers and dental officers. Section 3 removes from subsection 3.2.41.1 the references to subsection 3.2.41.1A, which is removed by section 4. The removal of subsection 3.2.41.1A reinstates salary increment advancement for Chaplains or Maritime Spiritual Wellbeing Officers holding a Division 5 classification.
Sections 5 and 6 amend section 3.2.43 of the Principal Determination which provides increment advancement for legal officers. Section 5 removes from subsection 3.2.43.1 the references to subsection 3.2.43.1A, which is removed by section 6. The removal of subsection 3.2.43.1A reinstates salary increment advancement for a legal officer holding a rank of Brigadier or higher.
Schedule 2—Transitional provisions - Star rank increment
Section 1 defines ‘Determination’ for the purpose of this Schedule. It means the Defence Determination 2016/19, Conditions of service, being the Principal Determination, as in force immediately before the commencement of this Schedule.
Section 2 provides that members who were not eligible for salary increment advancement under section 3.2.31, subsection 3.2.41.1A or subsection 3.2.43.1A of the Principal Determination, between 6 August 2020 and the commencement of this schedule, are eligible for increment advancement on the commencement of this Schedule.
Consultation
Before this Determination was made, consultation was undertaken with the Defence Force Remuneration Tribunal, the Chief of the Defence Force, Navy, Army, Air Force and the Directorate of Senior Officer Management in the Department of Defence.
The rule maker 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 (Star rank increments) Determination 2021 (No. 13)
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 reinstate the salary increment advancement for members holding a rank of Brigadier or higher, or an equivalent rank, which was ceased by Defence Determination, Conditions of service (Star rank increment advancement) Amendment Determination 2020 (No. 12) on 6 August 2020 as part of the whole of Government response to the COVID-19 pandemic. The reinstatement of the salary increment advancement for affected members is consistent with the Government’s approach to salary increases provided to the Senior Executive Service.
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 promotes the right to just and favourable conditions of work by reinstating salary increment advancement for members who hold a rank of Brigadier or higher, or an equivalent rank. Salary increment advancement recognizes and compensates for member’s increased competence, skills and responsibilities, and this Determination ends the temporarily pause to salary increment advancement that happened as a consequence of the impact of COVID-19 on the economy.
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