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 |
Authority: | Section 58B of the
Defence Act 1903 |
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.
Overview
The Defence (Individual Benefits) Determination 2022 (No. 3) was enacted to address the specific issue of providing a one-off payment to a member of the Australian Defence Force for expenses related to a reunion visit with their family. This Determination was made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. It is designed to ensure that Defence Force members receive the necessary financial support for such reunions, which was not previously available under the Defence Determination 2016/19. The objective of this Determination is to uphold the wellbeing of Defence members by supporting family reunification and maintaining personal relationships. The enactment of this Determination by the relevant authority was preceded by consultations with the relevant service and the Office of the Inspector General of the Australian Defence Force, ensuring that the provision meets the operational needs of the Defence Force while being compatible with human rights.
Scope and Application
The Defence (Individual Benefits) Determination 2022 (No. 3) is an instrument made under section 58B of the Defence Act 1903, which aims to provide a one-off payment to a member of the Australian Defence Force for expenses incurred during a reunion visit that was not previously covered under the Defence Determination 2016/19, Conditions of service. This Determination applies specifically to the identified member by their employee identification number and the amount they are to receive. The scope of this legislation is limited to the provision of financial support for the specified expenses related to a reunion visit, and does not extend to other types of benefits or expenses. It operates within the Commonwealth jurisdiction and is subject to disallowance, interpretation principles, and scrutiny for human rights compatibility as outlined in the Acts Interpretation Act 1901 and the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination does not exclude any particular class of individuals or entities from its application, nor does it provide for any exemptions or thresholds, as it is tailored to a specific case.
Key Provisions
The Defence (Individual Benefits) Determination 2022 (No. 3) outlines the terms and conditions under which a member of the Australian Defence Force (ADF) is eligible to receive a one-off payment for specific travel-related expenses. This payment is intended to cover airfares, accommodation, meals, and incidentals for a reunion visit that was not available under previous conditions of service, specifically the Defence Determination 2016/19 (sections 4 and 5). The payment is targeted at maintaining family bonds and enhancing personal wellbeing by facilitating reunions with dependants who are not residing with the member overseas.
The Act imposes certain obligations on the parties involved. The member must meet specific eligibility criteria, which include being identified by their employee identification number and demonstrating that the reunion visit was not previously covered under existing conditions of service (section 4). The Defence Force is responsible for determining the amount to be paid, ensuring that the payment is consistent with the purpose of the Determination, and processing the payment accordingly (section 5). The Defence Force must also ensure that the payment aligns with the conditions stipulated in the Defence Act 1903 and the Acts Interpretation Act 1901.
Breach of the provisions outlined in this Determination could lead to civil or criminal consequences, depending on the nature and severity of the breach. While the Determination itself does not explicitly state the penalties, breaches of Defence Act provisions or related regulations could result in disciplinary action under the Defence Regulation 2016. The ADF Redress of Grievance System provides a mechanism for reviewing decisions made under this Determination, and individuals may also lodge complaints with the Defence Force Ombudsman. Failure to comply with the terms of the Determination may result in the Defence Force withholding the payment or taking other corrective actions as deemed necessary.