Defence (Individual benefits) Determination 2022 (No. 6)

Overview

The Defence (Individual benefits) Determination 2022 (No. 6) was enacted under the Defence Act 1903 to address the logistical needs of Defence members who are posted overseas for extended periods. This legislation was introduced to ensure the organised and efficient removal of Defence members' personal furniture and effects to a location within Australia during their long-term overseas posting, and to their new posting location upon their return to Australia. The policy objective is to support Defence personnel by facilitating the movement of their household goods, thereby easing the transition associated with relocation. Enacted by the Parliament of Australia, the Determination is subject to disallowance and interpretative principles outlined in the Acts Interpretation Act 1901 and the Legislation Act 2003. Additionally, the Determination aligns with human rights standards, ensuring that the provision of these benefits does not infringe upon the rights of Defence members as recognised under international human rights instruments.

Scope and Application

The Defence (Individual benefits) Determination 2022 (No. 6) applies to members of the Australian Defence Force (ADF) who are identified by their employee identification number. This Determination provides for the removal of a member’s furniture and effects to a personal location within Australia when the member is posted overseas for the long-term and subsequently to the member’s new posting location upon their return to Australia. The Determination is made under section 58B of the Defence Act 1903 and is subject to the Acts Interpretation Act 1901, which governs its interpretation. The Determination does not apply to the storage of any items that are removed under its provisions, as specified in section 8. The scope of this Determination is national, applying across Australia, and it is in force until 28 February 2027. It references the Defence Determination 2016/19, Conditions of service, and incorporates any amendments made to it over time. This Determination also addresses human rights compatibility, confirming its alignment with the International Covenant on Economic, Social and Cultural Rights, particularly concerning just and favourable conditions of work.

Key Provisions

The Defence (Individual benefits) Determination 2022 (No. 6) provides for the removal of a Defence member's furniture and effects to a personal location within Australia when the member is posted overseas for a long term and to their new posting location upon their return to Australia. This is detailed in section 7 of the Determination. The furniture and effects must comply with the provisions outlined in Chapter 6 Part 5 of the Defence Determination 2016/19, Conditions of service. This Determination also specifies that the member is not eligible for the storage of the removed items, as stated in section 8. Under section 5 of the Determination, the member's eligibility is determined by their employee identification number, and the Determination applies to all members who meet the criteria. The Determination is effective from the date of registration, as per section 2, and will remain in force until it is repealed on 28 February 2027, as outlined in section 9. It is important to note that any reference to the Defence Determination 2016/19 is incorporated as in force from time to time, ensuring that the most current conditions of service are applied. The Defence (Individual benefits) Determination 2022 (No. 6) imposes certain obligations on Defence members who are posted overseas for a long term. They must ensure that their furniture and effects are moved to a personal location within Australia before their overseas posting and subsequently to their new posting location upon their return. Members must also be aware that they are not eligible for the storage of these items. The Determination is intended to facilitate the smooth transition of Defence members between overseas postings and their return to Australia by providing for the movement of their personal belongings. There are no specific offences or penalties outlined in the Determination itself. However, Defence members who fail to comply with the provisions of this Determination may face administrative consequences under the ADF redress of grievance system as provided under Part 7 of the Defence Regulation 2016. Members may also have the option to lodge a complaint with the Defence Force Ombudsman. It is important for Defence members to adhere to the requirements of this Determination to avoid any potential administrative issues or grievances.