EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination 2023 (No. 5)
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 fortnightly payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while performing the duties of a senior leadership position which is at a higher rank. The position is an essential leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
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 and the Directorate of Senior Officer 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. 5)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the Determination commences on the day after the instrument is registered.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides that the Determination applies to the member who holds employee identification number 8085049 during the period starting 1 May 2023 and ending 30 July 2023.
Section 5 provides a definition of “higher duties” which applies to the Determination.
Section 6 provides the amount of additional payment the member is to be paid for the higher duties performed during the period starting 1 May 2023 and ending 24 May 2023. The section also provides the amount of additional payment the member is to receive for any incomplete fortnights during the period.
Section 7 provides the amount of additional payment the member is to be paid for the higher duties performed during the period starting 25 May 2023 and ending 30 July 2023. The section also provides the amount of additional payment the member is to receive for any incomplete fortnights during the period.
Section 8 provides that on any day the member receives a payment under this Determination they are not eligible for higher duties allowance under Defence Determination 2016/19, Conditions of service for that same day. Payment under this Determination is in lieu of the amount of higher duties allowance the member would otherwise be eligible to receive under Defence Determination 2016/19, Conditions of service and recognises the value of the work performed by the member while performing the duties of a senior leadership position.
Section 9 provides the day the Determination repeals.
Annex B
Defence (Individual Benefits) Determination 2023 (No. 5)
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 fortnightly payment to a member of the Australian Defence Force (ADF) in recognition of the value of the work performed by the member while performing the duties of a senior leadership position which is at a higher rank. The position is an essential leadership position that enables the provision of a range of ADF capabilities and support services which contribute to Defence capability and preparedness.
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 fortnightly payment to a member to recognise the value of the work performed by the member when acting at a higher rank in a senior leadership position.
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.