EXPLANATORY STATEMENT
Defence Determination Conditions of Service Amendment (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17)
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 9 of the Principal Determination sets out provisions dealing with travel in Australia for members of the Australian Defence Force (ADF).
This Determination has the following two purposes.
- To provide the amount the Commonwealth will pay for a member who has been approved to travel by their own means.
- To provide for a member who has been granted recreation leave travel to and from a specified destination. A member may be approved to travel in a private vehicle, to and from the member's posting location or to and from the location where the member is performing temporary duty.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 3 May 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 the Defence Determination 2016/19, Conditions of service
Section 1 omits and substitutes section 9.1.1 of the Principal Determination. The section has been amended to provide clarity to the purpose.
Section 2 omits and substitutes section 9.1.6 of the Principal Determination. The title of the section has been amended to provide clarity. The section has also been amended to provide that if a member is approved to travel by their own means the Commonwealth will pay the lesser between the normal departmental liability and the amount of vehicle allowance payable if the travel were made by private vehicle.
Schedule 2 amends the Defence Determination 2016/19, Conditions of service
Section 1 omits and substitutes section 9.6.21 of the Principal Determination. The section has been amended to provide that a member who has been granted recreation leave travel may be authorised to travel in a private vehicle between the location of their nominated family and either the member's posting location or from a location where the member is performing temporary duty.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.
Consultation
The Navy, Army and Air force were consulted in the development 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 (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17)
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.
This Determination has the following two purposes.
- To provide the amount the Commonwealth will pay for a member who has been approved to travel by their own means.
- To provide for a member who has been granted recreation leave travel to and from a specified destination. A member may be approved to travel in a private vehicle, to and from the member's posting location or to and from the location where the member is performing temporary duty.
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.
Defence has interests across Australia, and travel by members is necessary to achieve Defence goals.
Travel benefits at Commonwealth expense ensures that members and their families meet Defence
requirements while maintaining contact with family members. Travel benefits, including by private vehicle, relieves a member of any additional cost that may be incurred when the member is required to travel. The underlying principle is that members should be provided assistance with reasonable travel costs on the basis that they should neither gain nor lose financially when required to travel.
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