Defence Determination (Operation BUSHFIRE ASSIST) Determination 2020
This Determination is made under section 58B of the Defence Act 1903 (the 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. These instruments are also subject to the interpretation principles in the AI Act.
The Determination makes references to sections of Defence Determination 2016/19, Conditions of service, which is incorporated into this Determination as in force from time to time. Defence Determination 2016/19, Conditions of service, is a legislative instrument made under section 58B of the Defence Act.
The purpose of this Determination is to provide a reimbursement to members of costs associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of a holiday when they are deployed on, or in support of, Operation BUSHFIRE ASSIST.
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 the purpose of the Determination.
Section 5 provides the definitions used in this Determination. The definitions include specifying who the decision-makers are for the purpose of exercising the discretionary power under this Determination. The Determination incorporates specified terms and phrases from Defence Determination 2016/19, Conditions of service.
Section 6 specifies the class of members this Determination applies to. It is limited to those members who are deployed on, or in support of, Operation BUSHFIRE ASSIST and who have had to cancel holiday arrangements as a result of the deployment.
Section 7 provides that a member is eligible for the reimbursement of reasonable costs of transport, accommodation, meals associated with the return of the member and dependants from the holiday location, and reimbursements for unused parts of the holiday. Section 7 only applies to the member’s dependants if they travel with the member. In particular, section 7 provides:
- If a member is able to modify their transport booking, for example: if the booking was for a flexible ticket, the member is eligible for any additional expenses.
- If a member is unable to modify their transport booking, for example: if the booking was for a ticket that does not permit changes, the member is eligible for the cost of a new booking.
- The member may be reimbursed reasonable costs in association with the cancellation of unused portions of any holiday arrangements. This may include, but is not limited to, the cost of cancelled accommodation or transport. The amount that may be reimbursed is limited to what is unrecoverable from service providers or through travel insurance.
A limitation has been included in section 7 to prevent a member eligible for a reimbursement of costs under Chapter 5 Part 13 of Defence Determination 2016/19, Conditions of service, from being eligible to receive benefits reimbursement under this Determination for the same call-out.
Criteria are provided for the exercise of discretion under this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. A person may also make a complaint to the Defence Force Ombudsman.
Consultation
Navy, Army and Air Force were consulted before this Determination was made. 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 a reimbursement to members of costs associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of a holiday when they are deployed or, or in support of, Operation BUSHFIRE ASSIST.
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 recognises just and favourable conditions of work living by providing a reimbursement of costs that a member incurred due to the call-out to for Operation BUSHFIRE ASSIST. The member is eligible for the reimbursement of costs associated with transport, accommodation and meals to return the member and their dependants from a holiday location. The Determination also provides a reimbursement of reasonable costs associated with the cancellation of holiday arrangements that the member and dependants were not able to benefit from due to the call-out.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Jayne Vanessa Craig, Acting Assistant Secretary People Policy and Employment Conditions