EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2021 (No. 6)
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 nature of the service undertaken. The benefits provided in this Determination are consistent with the remuneration for comparable service positions, and reflect the responsibilities associated with the duties to be performed.
Operational Details
Details of the operation of the Determination are provided at annex A.
Incorporation by reference
This Determination incorporates elements of Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, 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 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, consultation was undertaken with office of the Chief of the Defence Force.
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 (Individual Benefits) Determination 2021 (No. 6)
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 registration.
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 Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, as in force from time to time, and identifies the member who will receive the benefits under the Determination.
Section 5 provides that the member is eligible for a benefit equal to the fortnightly rate of the positional component for pay point 3 under Part 3 of Schedule B.1 of Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries. The section also provides how the benefit is to be paid fortnightly.
Section 6 provides that the member is eligible for a benefit that is equal to the benefit in section 5 the member would have received had it been in force from 24 September 2021 until the day before this Determination commences. The section also provides how the benefit is to be paid at a daily rate.
Section 7 provides that the member ceases to be eligible for a benefit under this Determination on the earlier of the day the member ceases to occupy the position for which the payment is being made or 7 July 2023.
Annex B
Defence (Individual Benefits) Determination 2021 (No. 6)
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 nature of the service undertaken. The benefits provided in this Determination are consistent with the remuneration for comparable service positions, and reflect the responsibilities associated with the duties to be performed.
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 reflect the responsibilities of the duties to be performed.
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.