EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2021 (No. 3)
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 Determination makes incorporates Defence Determination 2016/19, Conditions of service, as in force from time to time.
The purpose of this Determination is to provide bespoke benefits to a member of the Australian Defence Force (ADF) in advance of the commencement of their posting to enable the member’s family to fulfil certain commitments. The Determination does not provide benefits over and above those that member would have otherwise been eligible.
Decisions that are made under this Determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
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 definitions that apply in this Determination. The definitions reference Defence Determination 2016/19, incorporating them into this Determination, as in force from time to time.
Section 5 provides the member and 3 dependants with business class flights from Canberra, Australia to the member’s next posting location. The note is provided that there is no requirement for the member to travel at the same time as the dependants. Benefits provided in this section are consistent with what the member would have been eligible for had the travel been taken immediately before commencing their next posting.
Section 6 provides the member with travel related benefits for each person who travels under section 5.This includes travel costs for meals and incidentals and excess baggage expenses. The amount payable to the member under this section is determined by way of cross reference to Defence Determination 2016/19. Benefits provided in this section are consistent with what the member would have been eligible for had the travel been taken immediately before commencing their next posting.
Section 7 requires the member to pay the Commonwealth the cost of benefits received under this Determination if the member requests the cancellation of their next posting before it commences.
Section 8 has the effect of preventing the member being eligible for benefits provided under Defence Determination 2016/19 relating to travel to the member’s next posting location. If the member were eligible for these benefits the Commonwealth would have provided the member with benefits that are over and above what the member would have ordinarily received on commencement of his posting.
Consultation
Before this Determination was made, consultation was undertaken with Army.
The rule maker was satisfied that further external consultation was not required.
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 (Individual benefits) Determination 2021 (No. 3)
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 bespoke benefits to a member of the Australian Defence Force (ADF) in advance of the commencement of their posting to enable the member’s family to fulfil certain commitments as a part of the member’s conditions of service.
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 by providing a member with favourable conditions of service that enable the member’s family to fulfil certain commitments prior to the commencement of the member’s next posting.
Conclusion
This Determination is compatible with human rights.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions