EXPLANATORY STATEMENT
Defence Determination, Individual Payment Determination 2021 (No. 1)
This Determination is 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 a payment to the ex-partner of a former member of the Australian Defence Force. The payment is being made as a consequence of the extraordinary circumstances faced by the family and is an extension of the existing condition of service benefits provided under Defence Determination 2016/19, Conditions of service, as amended from time to time, relating to the breakdown of a relationship.
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 it is registered on the Federal Register of Legislation.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the amount which is to be paid to the ex-partner of the former ADF member and the employee identification which they held.
Consultation
The relevant Service and Defence Legal were consulted and agreed to the payment provided by this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the determination does not alter existing arrangements.
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, Individual Payment Determination 2021 (No. 1)
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 is to provide a payment to the ex-partner of a former member of the Australian Defence Force. The payment being made is a consequence of the extraordinary circumstances face by the family and is an extension of the condition of service benefits provided under Defence Determination 2016/19, Conditions of service, as amended from time to time, relating to the breakdown of a relationship.
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 provides a payment to ensure the beneficiaries’ right to an adequate standard of living in the extraordinary circumstances faced, relating to the breakdown of a relationship.
Human rights implications
This Determination is compatible with human rights because it advances the protection of human rights.
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