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 |
Authority: | Section 58B of the
Defence Act 1903 |
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.
Overview
The Defence (Individual benefits) Determination 2022 (No. 10) was enacted to address the specific relocation needs of a Defence member from Singapore to Canberra, Australia. This Determination was made under section 58B of the Defence Act 1903, and is subject to disallowance under the Legislation Act 2003 and interpreted according to the Acts Interpretation Act 1901. The primary objective of this Determination is to facilitate the relocation of the specified Defence member by providing them and their dependants with travel and removal assistance, as well as business class travel benefits. This initiative aims to ensure the member can settle smoothly into their new role within the Australian Defence Force, enhancing their conditions of service in alignment with human rights principles, as confirmed by the compatibility statement under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Defence (Individual Benefits) Determination 2022 (No. 10) is made under section 58B of the Defence Act 1903 and serves a specific purpose, which is to provide a member with travel and removal assistance to relocate from Singapore to Canberra, Australia. This Determination applies to a particular member identified by their employee identification number 8097724 and is designed to facilitate their relocation by providing them and their dependents with benefits such as travel at business class and baggage allowances, in accordance with the Defence Determination 2016/19, Conditions of Service. The benefits are to be provided as in force from time to time, ensuring the member and their dependents receive the most current entitlements available. The Determination outlines that payments for these benefits are either to be made directly to service providers or reimbursed to the member. However, should the member cease service, commence service under a flexible service determination, transfer to the reserves, or another service before the later of 16 January 2026 or three years from the date the member commences in the permanent forces, they must repay the cost of the benefits provided under this Determination. This Determination is compatible with human rights as it provides favourable conditions of service, aligning with Article 7 of the International Covenant on Economic, Social and Cultural Rights, which guarantees just and favourable conditions of work.
Key Provisions
The main operative sections of the Defence (Individual benefits) Determination 2022 (No. 10) clarify the means by which the Determination may be cited (section 1), establish the commencement date (section 2), assert its authority under the Defence Act 1903 (section 3), articulate its purpose (section 4), provide definitions (section 5), and specify the applicability to a particular member identified by their employee identification number (section 6). Section 7 delineates the eligibility of the member and their dependants for travel, removal, and baggage benefits, as outlined in the Defence Determination 2016/19, Conditions of service. Section 8 stipulates that the member and their dependants are eligible for travel at business class, while section 9 details the payment arrangements, either to the service provider or by reimbursement to the member. Finally, section 10 outlines the conditions under which the member must repay the cost of benefits provided, should they cease service, commence service under a flexible service determination, transfer to the reserves, or to another service before the later of 16 January 2026 or three years from the date the member commences in the permanent forces.
The Act imposes several obligations and requirements on the parties it governs. The member identified in section 6 must adhere to the eligibility criteria for the travel, removal, and baggage benefits as specified in sections 7 to 10. The member is obligated to ensure that any travel and removal benefits are used in accordance with the terms set forth in this Determination. Additionally, the member is required to repay the cost of benefits provided if they fail to meet the service duration criteria outlined in section 10. The Defence Force Ombudsman and the ADF redress of grievance system, as referenced in the Operational Details section, are available to address any complaints or inquiries related to decisions made under this Determination.
The Determination outlines specific consequences for breaches of its provisions. Section 10 states 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 16 January 2026 or three years from the date the member commences in the permanent forces, they must repay the cost of benefits provided under this Determination. Failure to comply with this repayment obligation may result in financial penalties or other administrative actions as deemed necessary by the governing authorities. While the Determination does not specify maximum penalties, breaches of Defence-related regulations can typically result in disciplinary actions, financial penalties, or legal proceedings under relevant Defence legislation.