EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2022 (No. 4)
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 2 members 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 |
Annex A
Defence (Individual benefits) Determination 2022 (No. 4)
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 a member holding employee identification number 8515631 or 8519719 is eligible for 20 days of leave and the conditions that apply to the leave.
Section 5 provides that the member holding employee identification number 8515631 is eligible to an additional 10 weeks of leave and the conditions that apply to the leave.
Section 6 provides that the leave provided under this Determination counts as effective service in respect to benefits provided under the Defence Determination, Conditions of service 2016/19, as in force from time to time and determinations made under section 58H of the Defence Act 1903, as in force from time to time.
Section 6 also provides that a member eligible for a benefit under this Determination is not eligible for paid parental leave or special paid parental leave under the Defence Determination, Conditions of service 2016/19, as in force from time to in respect of the same child that the member claims a benefit for under this Determination.
Section 7 provides that a member applying for leave under the Determination must use form AF088 – Application for leave.
Section 8 provides that the Determination repeals on 30 June 2023.
Annex B
Defence (Individual benefits) Determination 2022 (No. 4)
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 2 members 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.
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.