Defence (Individual Benefits) Determination 2021 (No. 6)

Administered by Department of Defence

Legislation au F2021L01502 Not in force Legislative Instrument

Legislation content

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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence (Individual Benefits) Determination 2021 (No. 6) was enacted to provide benefits to a member of the Australian Defence Force (ADF) in unique circumstances relating to the nature of their service. This Determination was made under section 58B of the Defence Act 1903 and is subject to the Legislation Act 2003, as well as the interpretation principles in the Acts Interpretation Act 1901. The policy objective of this Determination is to ensure that the benefits provided to the ADF member are consistent with the remuneration for comparable service positions and reflect the responsibilities associated with the duties to be performed. The enactment of this legislation addresses the gap in providing benefits to ADF members in unique circumstances, ensuring that they are adequately compensated for their service.

Scope and Application

The Defence (Individual Benefits) Determination 2021 (No. 6) applies to a specific member of the Australian Defence Force (ADF) who is in unique circumstances related to the nature of their service. This Determination is made under section 58B of the Defence Act 1903 and operates in accordance with the Acts Interpretation Act 1901. The benefits provided to the member are designed to be consistent with the remuneration for comparable service positions and reflect the responsibilities associated with the duties to be performed. The Determination also incorporates elements of Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, as in force from time to time. The geographic and jurisdictional reach of this Determination is confined to the Commonwealth of Australia, specifically under the purview of the Defence Act 1903. The Determination is subject to disallowance and is subject to review under the ADF redress of grievance system and by the Defence Force Ombudsman. It is also compatible with human rights as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Defence (Individual Benefits) Determination 2021 (No. 6) provides specific benefits to an individual member of the Australian Defence Force (ADF) in unique circumstances related to the nature of their service (Section 4). This Determination ensures the benefits are comparable to those for similar service positions, taking into account the responsibilities of the duties performed (Section 5). The member is entitled to a fortnightly benefit equal to the rate specified in Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, and this benefit is payable fortnightly (Section 5). Additionally, the member is eligible for a benefit calculated from a specified start date until the commencement of this Determination, to be paid at a daily rate (Section 6). The eligibility for these benefits ceases on the earlier of the member ceasing to hold the relevant position or 7 July 2023 (Section 7). The Act imposes several obligations on the parties involved. It mandates that the member must meet the specified criteria to be eligible for the benefits outlined in the Determination (Section 5). The Defence Force Remuneration Tribunal's Determination No. 2 of 2017, Salaries, is incorporated by reference, meaning that the benefits provided must align with the remuneration specified in that document (Section 4). Furthermore, the member must continue to occupy the position for which the benefits are being paid to remain eligible (Section 7). These obligations ensure that the benefits are fairly and appropriately allocated based on the member's duties and the nature of their service. The Determination does not explicitly outline specific offences, penalties, or consequences for breaches. However, any breach of the terms stipulated in the Determination could potentially lead to legal consequences under the Defence Act 1903 and the Legislation Act 2003. As the Determination is a disallowable legislative instrument, any breach might be subject to inquiry under the ADF redress of grievance system or a complaint to the Defence Force Ombudsman. These mechanisms provide avenues for addressing any non-compliance with the terms of the Determination, ensuring that the member's entitlements are protected and appropriately enforced.

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Defence & Military Law
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Legislative Instrument
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Definitions & Interpretation
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Human Rights Law

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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.