EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2023 (No. 3)
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) and are subject to the interpretation principles in the AI Act.
Purpose
The purpose of this Determination is to provide a leave benefit under special circumstances to two members of the Australian Defence Force (ADF). This Determination does not provide benefits over and above those for which members would be eligible for in similar circumstances.
Operational Details
Details of the operation of this Determination are provided at annex A.
This Determination makes references to sections of the Defence Determination 2016/19, Conditions of service (Defence Determination). The Defence Determination is incorporated into this Determination, 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 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 Air Force. The rule maker was satisfied that further consultation was not required.
Approved by: | Jake Thomas Gumley Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2023 (No. 3)
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 the definition of Defence Determination.
Section 5 provides that the member holding employee identification number 8197872 is eligible for the equivalent of 10 weeks leave at full‑pay, and specifies the conditions that apply to the leave. It also provides that any other type of leave under the Defence Determination the member is on at the time of the commencement of this Determination will cease on the day before the commencement of this Determination. This will result in the member being re-credited any unused leave credits and will not result in any detriment to the member.
Section 6 provides that members holding employee identification numbers 8197872 or 8202402 are eligible for the equivalent of 20 working days of leave each. The section also specifies the conditions that apply to the leave under this section. For the member holding the employee identification number 8197872, the leave under this section is in addition to the initial leave provided under section 5.
Section 7 provides the mechanisms for how the duration of a leave type is reduced when a member takes leave of that leave type.
Section 8 provides that the leave provided under this Determination counts as effective service for benefits provided under the Defence Determination or a determination made under section 58H of the Defence Act, as in force from time to time. It also excludes eligibility for other types of parental leave under Chapter 5 Part 7 Divisions 2 and 3 of the Defence Determination in relation to the same child.
Section 9 provides that any of the leave under sections 5 and 6 must be applied for using Form AF088 – Application for leave.
Section 10 provides that this Determination is repealed on 19 June 2024.
Annex B
Defence (Individual benefits) Determination 2023 (No. 3)
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 under special circumstances to two members who are dual‑serving members of the Australian Defence Force (ADF). This 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 the principles of human rights because it provides members with favourable conditions of service through access to paid leave in special circumstances. These benefits are provided as a part of the members’ 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.