Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1)

Administered by Department of Defence

Legislation au F2024L01351 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1)

This Determination amends Defence (Employer Support Payment Scheme) Determination 2023 (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.

This Determination amends the Principal Determination which provides a scheme which provides financial assistance to businesses that employ members of the Reserves who have been absent from their civilian workplace on defence service. The payment also provides an incentive to members of the Reserves who are self-employed to undertake defence service and provide capability to the Australian Defence Force (ADF).

Purpose

The purpose of this Determination is to do the following:

  • To amend provisions relating to the review of a reviewable decision to reflect that the Administrative Review Tribunal has replaced the Administrative Appeals Tribunal.
  • To amend provisions to change a position title within the Reserve and Cadet Support Division.
  • Make technical amendments to the Principal Determination that amend typographical errors. These amendments do not alter the underlying policies, or the benefits that are currently provided.

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

A person may seek an internal review of reviewable decisions, as described in the Determination, or apply to the Administrative Review Tribunal for review of a decision made under Chapter 7 Part 3 of the Determination in connection with a Chief of Defence Force initiated review. A person may also make a complaint to the Commonwealth Ombudsman regarding the administration of decisions made under the Determination.

Consultation

Before this Determination was made, consultation was undertaken with the Directorate of Remuneration Operations, Headquarters Reserve and Cadet Support Division, and Defence Legal.

 

Approved by:

Matthew James Keogh

Minister for Defence Personnel

 

Authority:

Section 58B of the
Defence Act 1903


Annex A

Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1)

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that the Determination commences on the day after 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 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—Employer Support Payment Scheme amendments

Items 1, 6, 7 and 9 amend a number of sections within the Principal Determination to reflect the name change of the position title of “Head Joint Support Services Division” to “Head Reserve and Cadet Support Division”.

Items 2 to 5 and 8 amend a number of sections within the Principal Determination to make technical amendments which amend typographical errors.

Items 10 to 13 amend a number of sections within the Principal Determination which relate to the review of a reviewable decision to reflect the name change of “the Administrative Appeals Tribunal” to “the Administrative Review Tribunal”.

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

 

Annex B

Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1)

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 do the following:

  • To amend provisions relating to the review of a reviewable decision to reflect that the Administrative Review Tribunal has replaced the Administrative Appeals Tribunal.
  • To amend provisions to change a position title within the Reserve and Cadet Support Division.
  • Make technical amendments to the Principal Determination that amend typographical errors. These amendments do not alter the underlying policies, or the benefits that are currently provided.

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 does not engage any of the applicable rights or freedoms as it makes technical amendments only and does not change the underlying policy.

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.

 

Overview

The Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1) was enacted to amend the Defence (Employer Support Payment Scheme) Determination 2023, which provides financial assistance to businesses employing Reserve members who have been absent from their civilian workplaces on defence service, and to self-employed Reserve members who undertake defence service. This Determination, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, was introduced by the Parliament of Australia to address the need for updates in light of the Administrative Review Tribunal replacing the Administrative Appeals Tribunal, as well as to correct typographical errors and update position titles within the Reserve and Cadet Support Division. The overarching policy objective is to ensure the scheme remains effective and administratively sound without altering the core benefits and policies it was designed to support.

Scope and Application

The Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1) amends the Defence (Employer Support Payment Scheme) Determination 2023, which was made under section 58B of the Defence Act 1903. This instrument applies to businesses that employ members of the Reserves who are absent from their civilian workplace on defence service, and to self-employed members of the Reserves who undertake defence service. The scheme provides financial assistance to these businesses and individuals, incentivising them to support the Australian Defence Force (ADF). The Determination has a Commonwealth reach, applying nationally as it pertains to federal legislation. It does not exclude any specific persons or entities, but the application of its provisions is contingent on the eligibility criteria of the Employer Support Payment Scheme. The Determination makes technical amendments to correct typographical errors and update references to reflect the name change from the Administrative Appeals Tribunal to the Administrative Review Tribunal, without altering the existing policies or benefits provided under the scheme. The amendments are made through subordinate legislation under the authority of the Defence Act 1903, with the determinations being subject to disallowance and the interpretation principles of the Acts Interpretation Act 1901.

Key Provisions

The Defence (Employer Support Payment Scheme) Amendment Determination 2024 (No. 1) primarily modifies the Defence (Employer Support Payment Scheme) Determination 2023 (Principal Determination), as required by section 58B of the Defence Act 1903. This determination is designed to correct certain typographical errors and update references to reflect changes in the administrative tribunal system. Specifically, Section 4 of the Amendment Determination specifies the amendments and repeals made to the Principal Determination, which are detailed in the accompanying schedule. Items 1, 6, 7, and 9 in the schedule change references from "Head Joint Support Services Division" to "Head Reserve and Cadet Support Division", while items 2 to 5, 8, 10 to 13 correct typographical errors and update references from the "Administrative Appeals Tribunal" to the "Administrative Review Tribunal". The obligations imposed by this Amendment Determination are primarily administrative, focusing on ensuring that all references within the Principal Determination are accurate and up-to-date. This includes ensuring that any reference to the previous tribunal is updated to reflect the current administrative review body. These changes are purely technical, aiming to maintain the integrity and functionality of the Employer Support Payment Scheme without altering the underlying policies or benefits provided. The changes are intended to streamline the process for reviewing decisions under the scheme and to correct any errors that could potentially lead to confusion or administrative delays. There are no specific offences, penalties, or consequences outlined within the Amendment Determination itself. The primary focus is on ensuring the accuracy and effectiveness of the Employer Support Payment Scheme by correcting errors and updating references. However, any breaches of the Defence Act 1903 or related regulations that the Principal Determination governs could still lead to penalties as stipulated in those original provisions. The Amendment Determination itself does not introduce new penalties but ensures that the framework within which those penalties apply is correctly referenced and accurately represented.

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Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Review & Sunset Clauses

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.