Defence Determination, Conditions of service (Command support clerk non-reduction provisions) Determination 2021 (No. 9)
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.
The purpose of this Determination is to provide transitional provisions for changes that were made to employment categories under Part 2 of Schedule B.11 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, by Defence Force Remuneration Tribunal Determination No. 7 of 2016, Salaries – Army employment categories – amendment. The amendments made by Defence Force Remuneration Tribunal Determination No. 7 of 2016 were to be accompanied by amendments to the Principal Determination to ensure members affected by the restructuring of the employment category are eligible for a salary non-reduction for a period of 3 years from 17 November 2016 and 16 November 2019. While agreed to by the Defence Force Remuneration Tribunal at the time, the salary non-reduction provisions were not implemented.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on the day after registration.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 defines ‘Determination’ for the purpose of this Determination. It means the Defence Determination 2016/19, Conditions of service, as in force from time to time.
Section 5 affects a member who was eligible for salary under pay grades 2 or 3 of Part 2 of Schedule B.11 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, between 17 November 2016 and 16 November 2019. This section provides that the member is eligible for salary between 17 November 2016 and 16 November 2019 at the rate payable under section 3.2.52 of the Principal Determination as though the member were eligible for salary non-reduction from 17 November 2016 and 16 November 2019.
The retrospective effect of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on a person.
Criteria are provided for the exercise of discretion under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
The changes made by this Determination are technical in nature and the rule maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
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 provide transitional provisions for changes that were made to employment categories under Part 2 of Schedule B.11 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries by Defence Force Remuneration Tribunal Determination 2016/7. The amendments made by Defence Force Remuneration Tribunal Determination 2016/7 were to be accompanied by amendments to the Principal Determination to ensure members affected by the restructuring of the employment category are eligible for a salary non-reduction for a period of 3 years from 17 November 2016 and 16 November 2019.
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 advances human rights by providing members who were affected by organisational change with continuity of salary until they have sufficient time to meet the qualifications required under the restructured employment categories.
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