EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2022 (No. 10)
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) and are subject to the interpretation principles in the AI Act.
Purpose
The purpose of this Determination is to provide a member with travel and removal assistance to relocate to Canberra, Australia from Singapore.
Operational Details
Details of the operation of this Determination are provided at annex A.
This Determination makes references to sections of the Defence Determination 2016/19, Conditions of service (Defence Determination). The Defence Determination is incorporated into this Determination, 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 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 the Directorate of Navy Employment Conditions.
The rule‑maker was satisfied that further consultation was not required.
Approved by: | Michael McCulloch Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2022 (No. 10)
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 the Purpose of this Determination.
Section 5 provides the definitions that apply in this Determination.
Section 6 provides that this Determination applies to the member holding the employee identification number 8097724.
Section 7 provides that the member is eligible for travel, removal and baggage benefits, as provided under Defence Determination 2016/19, Conditions of service, as in force from time to time, for themself and their dependants to travel from Singapore to Canberra, Australia.
Section 8 provides that the member and their dependants are eligible for travel at business class.
Section 9 provides that a payment made under this Determination is payable to the service provider or by reimbursement to the member.
Section 10 provides that if the member ceases service, commences service under a flexible service determination, transfers to the reserves or to another Service before the later of the 16 January 2026 or three years from the date the member commences in the permanent forces, the member must repay the cost of benefits provided under this Determination.
Annex B
Defence (Individual benefits) Determination 2022 (No. 10)
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 member with travel and removal assistance to relocate to Canberra, Australia from Singapore.
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 the principles of human rights because it provides a member with favourable conditions of service through access to travel and removal benefits that will assist them to relocate to Australia on commencement of service in the permanent forces.
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.