EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2022 (No. 6)
This Determination is made under section 58B of the Defence Act 1903 (Defence Act) 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 removal of a member’s furniture and effects to a personal location within Australia on the member’s long-term posting overseas and to the member’s new posting location on their return to Australia.
Operational Details
Details of the operation of the Determination are provided at annex A.
This Determination references Defence Determination 2016/19, Conditions of service. Any reference to that determination is incorporated 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 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 Army and Defence Relocation and Housing. The rule maker was satisfied that further consultation was not required.
Approved by: | Fiona Louise McSpeerin Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2022 (No. 6)
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 date of registration.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 specifies the purpose of the Determination.
Section 5 identifies the member by reference to their employee identification number.
Section 6 provides a definition of “Defence Determination” which means Defence Determination 2016/19, Conditions of service, as amended.
Section 7 provides a removal of the member’s furniture and effects to a personal location within Australia before the member commences their long-term posting overseas. The section also provides a removal of these items to the member’s new posting location on their return to Australia. The furniture and effects are limited to what could be removed under Chapter 6 Part 5 of the Defence Determination.
Section 8 provides that the member is not eligible for the storage of items that are removed, or that could have been removed, under section 7 of this Determination.
Section 9 provides that this Determination is repealed on 28 February 2027.
Annex B
Defence (Individual benefits) Determination 2022 (No. 6)
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 removal of a member’s furniture and effects to a personal location within Australia on the member’s long-term posting overseas and to the member’s new posting location on their return to Australia.
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 as it provides a removal of a member’s furniture and effects to a personal location during the member’s long-term overseas posting as a part of the member’s conditions of service. The furniture and effects will also be removed to the member’s posting location on their return to Australia.
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.