EXPLANATORY STATEMENT
Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026
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 extend the date the Principal Determination applies in line with the member’s extended appointment and include a date of repeal in the Principal Determination.
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
Before this Determination was made, consultation was undertaken with Army.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026
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 each instrument 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—Extension amendments
Item 1 amends section 3 of the Principal Determination, which provides the date the Determination ceases to have affect. The item amends the date to extend the benefits available to the member in line with the end of their appointment as FCMFO. This is the result of the appointment being extended from 17 April 2026 to 31 December 2026.
Item 2 inserts a new section 18 into the Principal Determination. The item provides a date of repeal of 30 June 2027. The item is being inserted to enable the Principal Determination to be repealed six months after it ceases to have effect.
Annex B
Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination (No. 1) 2026
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 extend the date the Principal Determination applies in line with the member’s extended appointment and include a date of repeal in the Principal Determination.
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 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
Assessment of compatibility
This Determination is compatible with human rights as it ensures the continuation of benefits available to the member provided by the Principal Determination while they continue to perform the role of FCMFO as a part of their conditions of service. The benefits available to the member are not changed by this Determination beyond the date extension.
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.