EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2022 (No. 1)
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 a leave benefit to a member of the Australian Defence Force (ADF) in unique circumstances. The Determination does not provide benefits over and above those for which members would have otherwise been eligible.
Operational Details
Details of the operation of the Determination are provided at annex A.
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 Navy, Army and Air Force. The rule maker was satisfied that the further consultation was not required.
Approved by: | Fiona Louise McSpeerin Assistant Secretary People Policy and Employment Conditions
|
Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2022 (No. 1)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after registration.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides that the Determination applies to the member holding the employee identification number 8509244.
Section 5 provides the member is eligible for the equivalent of 14 weeks of leave at full pay and the conditions that apply to the leave.
Section 6 provides that the leave provided by the Determination count as effective service for benefits provided under the Defence Determination, Conditions of service 2016/19, as in force from time to time and determinations made under section 48H of the Defence Act, as in force from time to time.
Section 7 provides that the Determination repeals on 31 December 2022.
Annex B
Defence (Individual benefits) Determination 2022 (No. 1)
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 a leave benefit to a member of the Australian Defence Force (ADF) in unique circumstances.
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
This Determination is compatible with human rights because it provides a member in unique circumstances with favourable conditions of service by providing them with access to paid leave.
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.