EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2022 (No. 7)
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 member commencing a long-term posting overseas a travel benefit for a close relative to accompany the member to the overseas posting location and provide care arrangements for the member’s dependants and to assist with the member’s return to Australia at the end of their posting.
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
Consultation was undertaken with Navy and the Overseas Administration Team before this Determination was made. 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. 7)
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 it is registered on the Federal Register of Legislation.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the purpose of the Determination.
Section 5 provides definitions which apply to the Determination.
Section 6 identifies the member to which the Determination applies by reference to their employee identification number.
Section 7 provides there period for which the member is eligible for benefits under the Determination.
Section 8 provides that the member is eligible for two return business class flights for their close relative to travel from Australia to the member’s next posting location at the start of the members posting and from Australia to the members posting location at the end of the members posting.
Section 9 provides that the member is eligible for travel costs, baggage benefits and health care benefit for their close relative.
Section 10 provides that the member is eligible for reimbursement of other travel-related costs that are incurred by the close relative, and is limited to the costs of a passport, and the cost of a visa.
Section 11 provides that if the member’s long-term posting overseas is cancelled on request of the member before the posting commences, the member must repay the cost of any benefits received under this Determination which cannot be refunded.
Annex B
Defence (Individual Benefits) Determination 2022 (No. 7)
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 member commencing a long-term posting overseas a travel benefit for a close relative to accompany the member to the overseas posting location and provide care arrangements for the member’s dependants and to assist with the member’s return to Australia at the end of their posting.
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 member with a travel benefit for their close relative to accompany them to and from their long-term overseas posting so that the member’s close relative can assist with the care, wellbeing and management of the member’s children on the flight to and from the overseas location, as well as to provide the member with support and assistance while settling in and settling out of the overseas location.
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.