EXPLANATORY STATEMENT
Defence Determination, Individual Payment Determination 2021 (No. 2)
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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.
The purpose of this Determination is to provide a one-off payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while acting in a senior leadership position which was at a higher rank. The position is an essential senior leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
The payment is equal to the amount that would have been paid under Defence Determination 2016/19, Conditions of service, Chapter 4 Part 2, Higher duties allowance, between 5 October 2020 and 12 May 2021, had the allowance been payable to the member.
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 to be paid to the member of the ADF and the employee identification number they hold.
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. 2)
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 a one-off payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while acting in a senior leadership position which was at a higher rank. The position is an essential senior leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
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 is compatible with human rights in that it provides a one-off payment to a member to recognise the value of the work performed by the member when acting at a higher rank in a senior leadership position as a condition of service.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions