EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Storage of items not removed) Determination 2018 (No. 29)
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 14 of the Principal Determination sets out provisions dealing with relocating to or from a long-term posting overseas for members of the Australian Defence Force (ADF).
The purpose of this Determination is to clarify the policy for members who are going to or from a long-term overseas posting and wish to place items into storage for the duration of the posting.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amends Defence Determination 2016/19, Conditions of Service
Section 1 inserts a new subsection 14.3.5.3 into the Principal Determination. The subsection provides that for a member privately arranging removals, the conditions in sections 6.5.15 and 6.5.16 apply.
Section 2 substitutes section 14.3.7 of the Principal Determination, which provides the conditions for the storage of items not removed. The section is restructured to clarify that items that are stored, instead of being removed to a new overseas posting location, will be stored at Commonwealth expense. The section also provides that at the end of a member's posting overseas, the stored items must be removed from storage to a member's permanent accommodation in Australia.
Section 3 inserts section 14.3.7A into the Principal Determination. This section provides the conditions for the temporary storage of items should a member arrive at a posting location with no suitable permanent accommodation. These provisions were formerly in subsections 2 and 3 of section 14.3.7.
Consultation
Consultation is not considered necessary as this Determination is policy neutral and consequential amendments to the Principal Determination ensure it is compliant with section 14 of the Legislation Act 2003.
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 (Storage of items not removed) Determination 2018 (No. 29)
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 clarify the policy for members who are going to or from a long-term overseas posting and wish to place items into storage for the duration of the posting.
Human rights implications
Right to the enjoyment of just and favourable conditions of work
Article 7 the International Covenant on Economic, Social and Cultural Rights guarantees the right to just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
This Determination protects this right by providing for a member who wishes to place items into storage for the duration of an overseas posting. It also provides for a member to temporarily place items into storage on arriving at a posting location overseas with no suitable permanent accommodation.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Elizabeth Anne Sisley, Acting Assistant Secretary People Policy and Employment Conditions