EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2022 (No. 8)
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 travel benefits for a close relative to accompany the member to the overseas posting location and provide initial care arrangements for the member’s dependant.
Incorporation by reference
The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.
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 within the Department of Defence 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. 8)
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 the 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 the period for which the member is eligible for benefits under the Determination.
Section 8 provides that the member is eligible for a return business class flight for their close relative to travel from Australia to the member’s next posting location at the start of the members posting.
Section 9 provides that the member is eligible for travel costs, baggage benefits and health care for their close relative.
Section 10 provides that, if the member cancels their long-term posting overseas on request before it commences, the member must repay the cost of any benefits received under this Determination that are non‑refundable.
Annex B
Defence (Individual Benefits) Determination 2022 (No. 8)
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 travel benefits for a close relative to accompany the member to the overseas posting location and provide initial care arrangements for the member’s dependant.
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 travel benefits for their close relative to accompany them to their long-term overseas posting as a part of the member’s conditions of service package.
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.