EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2021 (No. 7)
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 purpose of this Determination is to provide a fortnightly payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while acting in a senior leadership position which is at a higher rank. The position is an essential leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
The fortnightly payment is equal to the amount that was payable to the member under Defence Determination 2016/19, Conditions of service, Chapter 4 Part 2, Higher duties allowance, before 12 October 2021 when the savings provision under Defence Determination, Conditions of service Amendment Determination 2020 (No. 28) Schedule 8 section 3 ceased to apply to the member.
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 it is registered on the Federal Register of Legislation.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that this Determination applies to the member of the ADF who holds the specified employee identification number during the period the member is performing the duties of the position with the specified position number.
Section 5 provides that the member is to be paid an amount for each fortnight served during the period. The section also provides a pro rata payment to the member for a period of service performed by the member that is not a full fortnight.
Section 6 repeals this Determination on 1 July 2022.
Consultation
The relevant Service was consulted and agreed to the payment provided by this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the determination does not alter existing arrangements.
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. 7)
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 a fortnightly payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while acting in a senior leadership position which was at a higher rank. The position is an essential leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
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 in that it provides a fortnightly payment to a member to recognise the value of the work performed by the member when acting at a higher rank in a senior leadership position as a condition of service.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
General Angus John Campbell, Chief of the Defence Force