Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020
This Determination is 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 (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 Determination makes references to sections of Defence Determination 2016/19, Conditions of service, which is incorporated into this Determination as in force from time to time.
The purpose of this Determination is to provide accommodation assistance to members of the Australian Defence Force (ADF) and their dependants in response to the controlled relocation from Proof and Experimental Establishment – Port Wakefield (Port Wakefield) on 20 November 2019. The controlled relocation was to ensure the safety and welfare of members and dependants who live at Port Wakefield due to the bushfire emergency.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after registration.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides the purpose of this Determination.
Section 5 provides the definitions used in this Determination. The Determination incorporates specified terms and phrases from Defence Determination 2016/19, Conditions of service, as in force from time to time, a legislative instrument made under section 58B of the Defence Act.
Section 6 specifies the class of member this Determination applies to. It is limited to members who were occupying a Service residence or living-in accommodation at Port Wakefield on 20 November 2019.
Section 7 specifies the accommodation benefits a member is eligible for. Members and their dependants who were occupying a Service residence at Port Wakefield are eligible to occupy accommodation at Keswick Barracks for the duration of the relocation period. A member who was occupying living-in accommodation at Port Wakefield is eligible to occupy living-in accommodation at Keswick Barracks. If a member who was living-in was unable to occupy living-in accommodation at Keswick Barracks they are eligible for the reasonable costs for accommodation.
This Determination provides benefits for a member in relation to an event occurring before the commencement of this Determination. The Determination is beneficial in nature and does not adversely affect the rights and obligations of a member.
Consultation
Army were consulted during the drafting of this instrument. 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 assistance to members of the Australian Defence Force (ADF) and their dependants in response to the controlled relocation from Proof and Experimental Establishment – Port Wakefield (Port Wakefield) on 20 November 2019. The controlled relocation was to ensure the safety and welfare of members and dependants who live at Port Wakefield due to the bushfire emergency.
Human rights implications
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
This Determination recognises the right to an adequate standard of living by providing assistance with accommodation for members and their dependants in response to the controlled relocation from Port Wakefield during the bushfire emergency. The controlled relocation was to ensure the safety and welfare of members and dependants who live at Port Wakefield.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Michael Ian McCulloch, Acting Assistant Secretary People Policy and Employment Conditions
Overview
The Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020 was enacted under section 58B of the Defence Act 1903 and addresses the need to provide accommodation assistance to Australian Defence Force (ADF) members and their dependants due to the controlled relocation from Proof and Experimental Establishment – Port Wakefield on 20 November 2019. This relocation was necessitated by the bushfire emergency, aimed at ensuring the safety and welfare of those residing at Port Wakefield. The Determination, made by the relevant authority, seeks to offer accommodation benefits to affected members, ensuring they have access to suitable living arrangements during the relocation period. This legislative instrument aligns with human rights principles, particularly the right to an adequate standard of living as recognised in international instruments, by providing necessary support and housing to the affected personnel and their families.
Scope and Application
The Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020 applies specifically to members of the Australian Defence Force (ADF) and their dependants who were residing at Proof and Experimental Establishment – Port Wakefield on 20 November 2019. This legislation was enacted to provide accommodation assistance in response to a controlled relocation necessitated by the bushfire emergency to ensure the safety and welfare of these individuals. The Determination is limited to members who were either occupying a Service residence or living-in accommodation at Port Wakefield on the specified date. It provides eligible members and their dependants the option to occupy accommodation at Keswick Barracks for the duration of the relocation period or reasonable costs for alternative accommodation if living-in accommodation at Keswick Barracks is unavailable. This Determination operates under the Defence Act 1903 and the Acts Interpretation Act 1901, and it is subject to disallowance as a legislative instrument. The scope of this Determination is strictly confined to the particular circumstances of the bushfire emergency and does not extend beyond the accommodation needs arising from the relocation.
Key Provisions
The Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020 (the Determination) is 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 (AI Act). This Determination provides accommodation assistance to members of the Australian Defence Force (ADF) and their dependants in response to the controlled relocation from Proof and Experimental Establishment – Port Wakefield (Port Wakefield) on 20 November 2019, due to a bushfire emergency. Section 6 of the Determination specifies that it applies to members who were occupying a Service residence or living-in accommodation at Port Wakefield on the specified date. Members and their dependants who were occupying a Service residence at Port Wakefield are eligible to occupy accommodation at Keswick Barracks for the duration of the relocation period, while those who were occupying living-in accommodation at Port Wakefield are eligible to occupy living-in accommodation at Keswick Barracks or receive reasonable costs for accommodation if they cannot occupy living-in accommodation at Keswick Barracks.
The Determination imposes obligations on the ADF to provide accommodation assistance to eligible members and their dependants during the relocation period. The ADF must ensure that members who were occupying a Service residence or living-in accommodation at Port Wakefield on 20 November 2019 are provided with appropriate accommodation at Keswick Barracks for the duration of the relocation period. The ADF must also provide reasonable costs for accommodation to members who were occupying living-in accommodation at Port Wakefield on 20 November 2019 if they are unable to occupy living-in accommodation at Keswick Barracks. The Determination does not impose any specific obligations on the members or their dependants, other than to provide accurate information to the ADF regarding their accommodation needs during the relocation period.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breach of its provisions. However, it is important to note that the Determination is a legislative instrument made under the Defence Act, which is subject to the Legislation Act 2003 and the interpretation principles in the AI Act. Therefore, any breach of the Determination may be subject to legal consequences under these Acts, including fines, imprisonment, or other penalties as prescribed by law. Additionally, any failure to comply with the obligations imposed by the Determination may result in disciplinary action being taken against the relevant ADF member or their dependants.