EXPLANATORY STATEMENT
Defence (Invidivual Benefits) Determination 2021 (No. 5)
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.
Purpose
The purpose of this Determination is to provide benefits to a member of the Australian Defence Force (ADF) in unique circumstances relating to service undertaken with an international organisation. The benefits provided in this Determination enable the member and his partner to return to Australia to undertake further service in the ADF. The benefits are consistent with the benefits a member would receive on returning to Australia at the end of a long-term posting overseas.
Operational Details
Details of the operation of the Determination are provided at annex A.
Incorporation by reference
This Determination incorporates elements of Defence Determination 2016/19, Conditions of service, as in force from time to time.
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
Decisions that are made under the Principal Determination, as amended by 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.
Consultation
Before this Determination was made, the following consultation was undertaken with Navy.
The rule maker was satisfied that future consultation was not required.
Approved by: | Fiona Louise McSpeerin Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Invidivual Benefits) Determination 2021 (No. 5)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 specifies that the Determination commences on the day after it is registered.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the definitions that apply in this Determination. Specifically, it incorporates Defence Determination 2016/19, Conditions of service, as in force from time to time, and identifies the member who will received the benefits under the Determination.
Section 5 enables the reimbursement of the costs of the Polymerase Chain Reaction (PCR) tests for the COVID-19 virus for the member and the member’s partner if they return to Australia with the member. The PCR tests are necessary for them to board international flights to Australia. The reimbursement is to be made to the member.
Section 6 provides the member with either the reimbursement of the costs of flights from Frankfurt am Main airport in Germany to Sydney, Australia via Singapore or, in the case that the flights the member purchases are cancelled, travel from Germany to Australia. The benefits are being provided for the member and the member’s partner if they return to Australia with the member. The flights musts not be taken at a higher class of travel than what the member would be eligible for under section 13.2.6 of the Defence Determination. The reimbursement is to be made to the member until the member is in their Australian posting location.
Section 7 enables the reimbursement of excess baggage costs for the member and the member’s partner if they return to Australia with the member. The reimbursement is to be made to the member and must not exceed the costs of a combined total of 120kg of excess baggage. If the member returns to Australia without their partner, a total of 60kg of excess baggage. The reimbursement is to be made to the member until the member is in their Australian posting location.
Section 8 provides the member and the member’s partner if they return to Australia with the member with transit accommodation, meals and incidental costs in a transit location for the period in which they are in transit. The amount payable is the same amount that would be payable to a member under section 13.3.6 of the Defence Determination, which is limited by section 13.3.9 and 13.3.10 of the Defence Determination.
Section 9 provides the costs of mandatory quarantine in Australia on the member’s return. It includes the cost of mandatory quarantine for the member’s partner if they return to Australia with the member. The costs may be paid to the member or to the service provider.
Annex B
Defence (Invidivual Benefits) Determination 2021 (No. 5)
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 provide benefits to a member of the Australian Defence Force (ADF) in unique circumstances relating to service undertaken with an international organisation. The benefits provided in this Determination enable the member and his partner to return to Australia to undertake further service in the ADF, but are consistent with, and do not exceed, the benefits a member would receive on returning to Australia at the end of a long-term posting overseas.
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.
Assessment of compatibility
The Determination is consistent with human rights as it provides the member with additional benefits to return to Australia as a part of the member’s conditions of service package.
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.