EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2022 (No. 3)
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 one-off payment to a member of the Australian Defence Force for airfares, accommodation, meals and incidentals in relation to a reunion visit which was not otherwise available to the member under the Defence Determination 2016/19, Conditions of service at the time of travel.
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 the Principal Determination, as amended by 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 relevant Service and the Office of the Inspector General of the Australian Defence Force. The rule maker was satisfied that further consultation was not required.
Approved by: | Michael Ian McCulloch A/Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual Benefits) Determination 2022 (No. 3)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the following that this instrument commences on the day after the instrument is
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 identifies the member by reference to their employee indentification number and the amount they are to be paid under this Determination.
Annex B
Defence (Individual Benefits) Determination 2022 (No. 3)
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 one-off payment to a member of the Australian Defence Force for airfares, accommodation, meals and incidentals in relation to a reunion visit which was not otherwise available to the member under the Defence Determination 2016/19, Conditions of service at the time of travel.
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 in that it provides a one-off payment to a member for airfares, accommodation, meals and incidentals in relation to reunion travel. Reunion travel helps reunite members with their dependants who do not live with them overseas. It recognises the need to maintain family bonds, and adds to the personal wellbeing of the member and their dependants.
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.