Defence Determination, Force Commander, Multinational Force and Observers - supporting benefits, Amending Determination 2024 (No. 1)

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Legislation au F2024L00444 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1)

This Determination amends Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024 (the Principal Determination), made under section 58B of the Defence Act 1903 (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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

The Multinational Force and Observers (MFO) is an international organisation that has peacekeeping responsibilities in the Sinai. The Force Commander of the MFO (FCMFO) has the responsibility of the international military contingents of the MFO, and maintains the good order of the MFO Force. In March 2024, a member of the Australian Defence Force (ADF) commenced a 2-year appointment as FCMFO. The member’s appointment as FCMFO provides the opportunity for Australia to positively affect the security environment in the Sinai.

Purpose

The purpose of this Determination is to provide that the Privacy Act 1988 applies to the member’s dependant’s certificates of fitness and how the certificates must be filed by the Joint Health Command. 

Operational details

Details of the operation of the Determination are provided at annex A.

Human rights compatibility

The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.

Review options

Decisions that are made under the Principal Determination, as amended by this Determination, 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 rule maker was satisfied that the changes made by this Schedule are technical in nature and consultation was not required.

Approved by:

COL Kirk Lloyd

Acting Assistant Secretary

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1)

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides the Determination commences on the day the instrument is registered.

Section 3 provides that this instrument has authority under section 58B of the Defence Act.

Section 4 provides that this instrument amends Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024.

Section 5 amends subsection 9.2 of the Principal Determination which provides the conditions a medical or dental certificate of fitness must meet. The note under the subsection has been substituted to make the following changes;

  • Note 1 has been amended to specify that the provisions under the Privacy Act 1988 apply to certificates under section 9.
  • A new note 2 has been included to provide that the Joint Health Command must file the certificates as Official: Sensitive, Personal privacy//Health Information. This will ensure that the personal medical information contained on the certificates is filed in a manner that will maintain the privacy of the member’s dependant and that the information will only be used for the intended purpose. The file and its contents will be managed in accordance with the Privacy Act 1988 and the Archives Act 1983.

The requirement for the member’s dependant to obtain medical and dental certificates before leaving Australia to accompany the member on the overseas appointment is to ensure that, if the dependant has any medical, dental, physical, mental or intellectual condition, there will be suitable facilities for the ongoing treatment and care of the dependant in the location.

 

Annex B

Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Determination

The purpose of this Determination is to provide that the Privacy Act 1988 applies to the member’s dependant’s certificates of fitness and how the certificates must be filed by the Joint Health Command. 

Human rights implications

Right to the protection and assistance to the family

The protection of a person's right to family protection and assistance engages Article 10 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance be accorded to the family.

Assessment of compatibility

This Determination is compatible with human rights as it provides how the member’s dependant’s personal medical information is filed to ensure that the personal medical information contained on the certificates is filed in a manner that will ensure the privacy of the member’s dependant and that the information will only be used for the intended purpose.

Conclusion

This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview

The Defence Determination, Force Commander, Multinational Force and Observers – Supporting Benefits, Amending Determination 2024 (No. 1), enacted under section 58B of the Defence Act 1903, aims to address the need for specific protocols regarding the management of personal health information for dependants of Australian Defence Force (ADF) personnel serving in international peacekeeping roles. This Determination was made by the appropriate authority within the Commonwealth of Australia and seeks to ensure that the personal medical information of ADF members’ dependants is managed in compliance with the Privacy Act 1988. It specifies that the Joint Health Command must file the dependants’ certificates of fitness as 'Official: Sensitive, Personal Privacy//Health Information', thereby maintaining the privacy of the dependants and ensuring that the information is used solely for its intended purpose. This legislative amendment is part of a broader effort to support ADF members in their international duties while safeguarding the personal information of their dependants.

Scope and Application

The Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1) applies to a member of the Australian Defence Force (ADF) who has commenced a 2-year appointment as Force Commander of the Multinational Force and Observers (MFO), an international peacekeeping organisation operating in the Sinai. This Determination is concerned with the application of the Privacy Act 1988 to the medical and dental fitness certificates of the member’s dependants. It also regulates the manner in which these certificates must be filed by the Joint Health Command to ensure the privacy and intended use of personal medical information. The amendment is technical in nature and does not require consultation. The Determination applies on a national level, within the Commonwealth of Australia, and is subject to the Legislation Act 2003 and the Acts Interpretation Act 1901. There are no exclusions or exemptions stated in the Determination, and no thresholds are identified. The applicability and operational details of this Determination can be extended or restricted through subordinate instruments as required.

Key Provisions

The main operative sections of this Determination pertain to the application of the Privacy Act 1988 to the member's dependants' certificates of fitness and the filing requirements for these certificates by the Joint Health Command (section 4). This Determination, as stated in section 2, commences on the day it is registered. It amends the Defence Determination, Force Commander, Multinational Force and Observers – Supporting Benefits Determination 2024, particularly subsection 9.2, which pertains to the conditions that medical or dental certificates of fitness must meet (section 5). The amended note under subsection 9.2 specifies that the Privacy Act 1988 applies to these certificates and mandates that the Joint Health Command file them as Official: Sensitive, Personal privacy//Health Information (section 5). The obligations and requirements imposed by this Determination primarily concern the handling of personal medical information. The Privacy Act 1988's application to the member's dependants' certificates of fitness ensures that their personal medical information is protected and used only for the intended purpose. The Joint Health Command must file these certificates according to specific privacy and security standards to maintain the confidentiality and integrity of the information. This involves managing the files and their contents in compliance with both the Privacy Act 1988 and the Archives Act 1983. The Determination does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that it relies on the Privacy Act 1988, any failure to comply with the privacy requirements for handling personal medical information could result in penalties under that Act. For instance, non-compliance with the Privacy Act 1988 could lead to civil penalties, including financial penalties and corrective orders, as well as potential criminal penalties, depending on the severity of the breach. The maximum penalties under the Privacy Act 1988 can include substantial fines and imprisonment for serious or repeated violations. Therefore, while the current Determination does not specify penalties, adherence to the Privacy Act 1988's requirements is crucial to avoid these potential consequences.

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Defence & Military Law
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Determination
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Definitions & Interpretation
Privacy Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.