Defence Determination, Medical officer – savings provisions Determination 2021
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), 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 savings provisions for medical officers consequential to changes made by the new medical officer specialist salary structure.
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 registration.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Savings provisions
Section 1 provides definitions for “Defence Determination 2016/19” and “Defence Determination 2021 (No. 4)” which are used in the Schedule
Section 2 provides that provisions that were in Chapter 3 Part 2 or Defence Determination 2016/19 immediately before the commencement of Defence Determination 2021 (No. 4) continue to apply to medical officers until 29 April 2021. The savings provision allows decision makers to decide on the placement of medical officers in the specialist officer salary structure under the provisions which were in place before 15 April 2021 until the new medical officer specialist officer salary structure commences on 29 April 2021.
Section 3 provides a savings provision for Medical Officers who are on a salary non-reduction provision on 29 April 2021. On 29 April 2021 the Medical Officer professional development support scheme is being rolled into the medical officers remuneration. However, this will not happen for medical officers who are on a salary non-reduction provision. To ensure that these members are not disadvantaged this section provides that the Medical Officer professional development support scheme will be available to medical officers on a salary non-reduction provision on 29 April 2021 until they cease to be eligible for the salary non-reduction.
Consultation
Navy, Army and Air Force were consulted in the making of this Determination.
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 savings provisions for medical officers consequential to changes made by the new medical officer specialist salary structure.
Human rights implications
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 health conditions, equal opportunity and reasonable limitations.
This Determination advances Article 7 by preserving a member’s salary and benefits from being reduced due to the restructure of the medical officer specialist salary structure and removal of the Medical Officer professional development support scheme.
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