Defence (Individual Benefits) Determination 2023 (No. 4)

Overview

The Defence (Individual Benefits) Determination 2023 (No. 4) was enacted to address the need for providing removal and storage benefits to a Defence member who is on long term posting overseas in exceptional circumstances. This Determination is made under section 58B of the Defence Act 1903 and is subject to the Legislation Act 2003. The policy objective of this Determination is to provide specific benefits to members who are posted overseas for extended periods, ensuring they have support for the relocation and storage of their personal items. This legislative instrument was developed following consultation with Navy Career Management, and it is compatible with human rights as it ensures fair treatment of members in unique and challenging circumstances.

Scope and Application

The Defence (Individual Benefits) Determination 2023 (No. 4) is a legislative instrument made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. It applies to Defence Force members who are on long term posting overseas in exceptional circumstances, providing them with benefits such as removal and storage of personal belongings, reimbursement of associated insurance costs, and other related benefits. The Determination is applicable nationally and has been subject to disallowance under the Legislation Act 2003 and interpreted under the Acts Interpretation Act 1901. There are no exclusions or exemptions outlined in the text, but the retrospective application does not affect the rights of persons other than the Commonwealth in a prejudicial manner. The Determination does not impose any liability on such persons. Decisions made under this Determination may be subject to inquiry under the ADF redress of grievance system and complaints may be made to the Defence Force Ombudsman. The Determination has been assessed for compatibility with human rights and is deemed compatible with the International Covenant on Economic, Social and Cultural Rights as it provides benefits to members who would not otherwise be eligible.

Key Provisions

The main operative sections of the Defence (Individual Benefits) Determination 2023 (No. 4) include sections 7, 8, 9, and 10. Section 7 of the Determination allows a member to be 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 the Director Career Management – Navy. Section 8 permits the member to be eligible for storage at the overseas posting location of the items that were removed under section 7, with the storage period ending on 13 February 2024. Section 9 provides that the member is eligible for reimbursement of insurance costs associated with the items removed under section 7, with a specified maximum amount for reimbursement. Section 10 outlines 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. The obligations and requirements the Act imposes on the parties or entities it governs are primarily focused on the eligibility and entitlements of the Defence member. The member is entitled to two removals and one storage period for their items, as well as reimbursement of insurance costs associated with the removal and storage of their items. The Department of Defence is responsible for paying any costs that were incurred prior to the commencement of this Determination. The Director Career Management – Navy has the authority to approve the location where the member's items are stored after the initial removal. Any offences, penalties, or civil/criminal consequences for breach of the provisions in the Determination are not explicitly stated in the text. However, it is implied that any failure to adhere to the entitlements and obligations set out in the Determination could potentially result in administrative or legal consequences. Given the nature of the Determination, breaches might lead to disputes regarding the reimbursement of costs or the handling of personal items, which could be resolved through the ADF redress of grievance system or by making a complaint to the Defence Force Ombudsman. The Determination also states that retrospective application 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.