Defence (Individual benefits) Determination 2021 (No. 7)

Administered by Department of Defence

Legislation au F2021L01742 Not in force Legislative Instrument

Legislation content

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

 

 

 

 

Overview

The Defence (Individual benefits) Determination 2021 (No. 7) was enacted to address the need for a fortnightly payment to members of the Australian Defence Force (ADF) in recognition of their valuable work in senior leadership positions. This Determination was made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The policy objective is to acknowledge the critical role of senior leaders within the ADF by providing an appropriate financial reward for their contributions to Defence capability and preparedness. The determination was subject to consultation with the relevant Service, which agreed to the payment. The Determination is compatible with human rights, recognising the right to remuneration and favourable conditions of work as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Defence (Individual benefits) Determination 2021 (No. 7) applies specifically to a member of the Australian Defence Force (ADF) who holds a specified employee identification number and is performing the duties of a senior leadership position with a designated position number. This legislative instrument, made under section 58B of the Defence Act 1903, aims to provide a fortnightly payment to recognise the value of work performed by the member while acting in a higher rank. The payment amount is equivalent to the sum that was payable under the Defence Determination 2016/19 before certain savings provisions ceased to apply on 12 October 2021. The Determination is subject to the interpretation principles in the Acts Interpretation Act 1901 and is a disallowable legislative instrument under the Legislation Act 2003. The payment is applicable for each fortnight served by the member, with pro rata payments for periods not amounting to a full fortnight, and the Determination will be repealed on 1 July 2022. The relevant Service was consulted regarding the payment, and no external consultation was necessary as the determination did not alter existing arrangements.

Key Provisions

The Defence (Individual Benefits) Determination 2021 (No. 7) introduces a fortnightly payment for members of the Australian Defence Force (ADF) who occupy a senior leadership position at a higher rank, as outlined in section 4 of the Determination. This payment is intended to recognise the value of the work performed by these members, who hold specified employee identification numbers and perform duties in roles with particular position numbers. Under section 5, the payment is to be made for each fortnight served, with pro rata payments for periods not amounting to a full fortnight. The obligations imposed by the Determination primarily pertain to the Defence Force, which must ensure that eligible members are identified and receive the fortnightly payment as stipulated. The Defence Force must also ensure that the payment is calculated correctly and made in a timely manner. Furthermore, the Determination outlines the commencement date and repeal date, with the Determination coming into effect on the day after it is registered on the Federal Register of Legislation and being repealed on 1 July 2022, as provided in sections 2 and 6. In terms of penalties and consequences, the Determination itself does not explicitly detail penalties for breaches. However, as a legislative instrument made under the Defence Act 1903, non-compliance with the requirements of the Determination could potentially lead to administrative or legal consequences. The Defence Force would be responsible for ensuring compliance, and failure to do so might result in internal disciplinary actions or legal proceedings, depending on the nature and extent of the breach. The Determination is compatible with human rights, as it provides just and favourable conditions of work, which aligns with Article 7 of the International Covenant on Economic, Social and Cultural Rights.

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Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Rights & Protections
Human Rights Compatibility

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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.