Defence Determination, Conditions of Service Amendment (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17)

Administered by Department of Defence

Legislation au F2018L00573 Not in force Legislative Instrument

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

 

Overview

The Defence Determination Conditions of Service Amendment (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17) amends Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This Determination was enacted to clarify the conditions under which Australian Defence Force members can travel by their own means or private vehicle and the extent of Commonwealth liability for such travel. The primary objective of this legislation is to ensure that Defence personnel are fairly compensated for travel expenses when required to undertake duty, thereby maintaining a balance where members neither gain nor lose financially from such travel. The determination was made in accordance with the Acts Interpretation Act 1901 and was subject to disallowance under the Legislation Act 2003. It was developed with consultation from the Navy, Army, and Air Force, with no external consultation deemed necessary. The determination is compatible with human rights as it upholds the right to just and favourable conditions of work, ensuring Defence members receive fair remuneration and reasonable travel benefits without incurring additional costs.

Scope and Application

The Defence Determination Conditions of Service Amendment (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17) amends Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903. This Determination applies to members of the Australian Defence Force (ADF) and provides specific provisions regarding the payment for travel by members using their own means and for travel during recreation leave using private vehicles. It outlines the amount the Commonwealth will reimburse members for approved travel by their own means and the conditions under which members may travel by private vehicle while on recreation leave, ensuring that members do not incur additional costs due to their service. The Determination also clarifies the discretionary criteria for approving such travel and mentions the recourse available for adverse decisions through the ADF redress of grievance system and the Defence Force Ombudsman. The Determination applies nationally across Australia, aligning with Defence's operational requirements and the broader human rights principles of just and favourable conditions of work.

Key Provisions

The Defence Determination Conditions of Service Amendment (Travel by own means and recreation leave travel by private vehicle) Determination 2018 (No. 17) amends the Defence Determination 2016/19, Conditions of Service ((section 4)). This amendment primarily modifies sections 9.1.1 and 9.1.6 of the Principal Determination, which deal with travel arrangements for members of the Australian Defence Force (ADF). Section 9.1.1 now clarifies the purpose of the travel arrangements, ensuring that the Commonwealth will pay the lesser amount between the normal departmental liability and the vehicle allowance payable if the travel were made by a private vehicle. Section 9.1.6 specifies that a member granted recreation leave may be authorised to travel in a private vehicle between their nominated family location and either their posting location or the location where they are performing temporary duty. These amendments aim to provide clearer guidelines and ensure members are not financially disadvantaged when required to travel for Defence purposes. The Determination imposes obligations on both the ADF members and the Commonwealth. Members must adhere to the criteria and conditions specified in the amended sections to be eligible for travel reimbursement or authorisation to use a private vehicle. The Commonwealth, on the other hand, is obligated to pay the lesser of the normal departmental liability or the vehicle allowance payable for approved travel by own means and to provide travel authorisation for members on recreation leave. These obligations are designed to facilitate necessary travel while maintaining financial equity for the members. Failure to comply with the provisions of this Determination may lead to consequences. While the text does not explicitly state penalties, breaches of Defence determinations generally may result in administrative or disciplinary actions against ADF members. The Commonwealth may also withhold payments if the travel arrangements do not meet the criteria outlined in the Determination. Furthermore, adverse decisions related to travel authorisations or reimbursements may be subject to inquiry under the ADF's redress of grievance system, and complaints can be made to the Defence Force Ombudsman. The Determination is designed to be compatible with human rights, ensuring that ADF members' rights to just and favourable conditions of work are protected. By providing financial assistance for travel, the Determination upholds Article 7 of the International Covenant on Economic, Social and Cultural Rights, which guarantees just and favourable conditions of work, including remuneration and safe and healthy conditions. This approach ensures that members are neither financially burdened nor advantaged when required to travel for Defence-related purposes, thereby promoting equity and fairness within the ADF.

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