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
Defence Act 1903 |
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.
Overview
The Defence (Individual benefits) Determination 2022 (No. 1) was enacted to address a specific need for a leave benefit for a member of the Australian Defence Force (ADF) in unique circumstances. Made under section 58B of the Defence Act 1903, this Determination aims to provide favourable conditions of service to a particular member, ensuring they have access to paid leave. It was introduced by the Australian Parliament and is subject to disallowance, as well as the interpretation principles in the Acts Interpretation Act 1901. The policy objective of this Determination is to ensure that ADF members receive just and favourable conditions of work, consistent with their human rights under the International Covenant on Economic, Social and Cultural Rights. This is achieved by providing a member in unique circumstances with the opportunity to take leave at full pay, which also counts as effective service for other benefits.
Scope and Application
The Defence (Individual benefits) Determination 2022 (No. 1) applies to a specific member of the Australian Defence Force (ADF) identified by their employee identification number, 8509244. This Determination, made under section 58B of the Defence Act 1903, is tailored to provide a leave benefit to this individual under unique circumstances. It is important to note that this benefit does not extend beyond what the member would have been eligible for under standard ADF policies. The geographic and jurisdictional reach of this Determination is limited to Commonwealth matters, as it pertains directly to ADF personnel. It is subject to disallowance and the interpretation principles set out in the Acts Interpretation Act 1901. While the Determination provides for 14 weeks of leave at full pay and specifies that this leave counts as effective service for certain benefits, it does not detail any exclusions or exemptions beyond its specific application to the named member. The Determination will repeal on 31 December 2022, unless extended by further legislative action.
Key Provisions
The Defence (Individual Benefits) Determination 2022 (No. 1) provides a specific leave benefit to a member of the Australian Defence Force (ADF) under unique circumstances, without granting benefits beyond what members would otherwise be eligible for (s 4). The determination applies to a member identified by their employee identification number 8509244 (s 4) and allows this member to be eligible for the equivalent of 14 weeks of leave at full pay (s 5). This leave, as provided by the Determination, counts as effective service for benefits under the Defence Determination, Conditions of Service 2016/19, and any determinations made under section 48H of the Defence Act (s 6). This Determination is in effect from the day after registration and will be repealed on 31 December 2022 (ss 2, 7).
The Determination imposes specific obligations on the parties involved. It mandates that the member identified by their employee identification number 8509244 is eligible for 14 weeks of leave at full pay under the specified conditions (s 5). Additionally, it requires that this leave be counted as effective service for benefits under the Defence Determination, Conditions of Service 2016/19, and any determinations made under section 48H of the Defence Act (s 6). The member must comply with the conditions outlined in the Determination to ensure the leave is provided correctly and benefits are accurately calculated.
The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, given that it is a disallowable legislative instrument, any breach could potentially lead to inquiries under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016, or complaints to the Defence Force Ombudsman. The penalties for any breaches would depend on the specific nature of the breach and the applicable laws or regulations at the time.