EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2023 (No. 4)
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 removal and storage benefits to a member on long term posting overseas in exceptional circumstances.
Operational details
Details of the operation of the Determination are provided at annex A.
Retrospective application
The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.
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 Career Management before this Determination was made.
The rule maker was satisfied that further consultation was not required.
Approved by: | Michael Ian McCulloch 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. 4)
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.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides the purpose of this Determination.
Section 5 provides who this Determination applies to.
Section 6 provides the definitions which apply to this Determination.
Section 7 provides that the member is eligible for two removals, one from the member’s residence at the overseas posting location to storage, and one from storage to a location approved by Director Career Management – Navy.
Section 8 provides that the member is eligible for storage at the overseas posting location of the items that were removed under section 7. The member is eligible for storage until 13 February 2024.
Section 9 provides that the member is eligible for the reimbursement of insurance costs associated with the items that were removed under section 7. The section further provides the maximum amount the member may be reimbursed.
Section 10 provides that any costs relating to the removal and storage of the member’s items at the overseas posting location that were incurred prior to the commencement of this Determination are payable by the Department of Defence.
Section 11 provides the date that this Determination repeals.
Annex B
Defence (Individual Benefits) Determination 2023 (No. 4)
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 removal and storage benefits to a member on long term posting overseas in exceptional circumstances.
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 removal and storage benefits for a member on long term posting overseas in circumstances which they would not otherwise be eligible.
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.