Defence (Individual Benefits) Determination 2023 (No. 5)

Administered by Department of Defence

Legislation au F2023L00982 Not in force Legislative Instrument

Legislation content

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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence (Individual Benefits) Determination 2023 (No. 5) was enacted 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 at a higher rank. This determination addresses the gap in the recognition of the critical role played by senior leadership positions within the ADF, ensuring that the contributions of these members are appropriately valued. It was made under section 58B of the Defence Act 1903 by the relevant authority, and aims to support Defence capability and preparedness by acknowledging the importance of senior leadership roles. The determination has been subject to consultation with relevant parties, including the Navy and the Directorate of Senior Officer Management, and is consistent with human rights principles as affirmed in the accompanying statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence (Individual Benefits) Determination 2023 (No. 5) applies to a specific member of the Australian Defence Force (ADF) identified by their employee identification number 8085049, for the period starting on 1 May 2023 and ending on 30 July 2023. This Determination provides a fortnightly payment to the member in recognition of the value of their work while performing the duties of a senior leadership position at a higher rank. The position is deemed essential for the provision of various ADF capabilities and support services, contributing to Defence capability and preparedness. The Determination specifies the amount of additional payment for the period starting 1 May 2023 and ending 24 May 2023, as well as for any incomplete fortnights during that period, and similarly for the period starting 25 May 2023 and ending 30 July 2023. Notably, while receiving a payment under this Determination, the member is ineligible for the higher duties allowance under Defence Determination 2016/19, Conditions of service for the same day. This payment is in lieu of the higher duties allowance the member would otherwise be eligible to receive under Defence Determination 2016/19, Conditions of service.

Key Provisions

The Defence (Individual Benefits) Determination 2023 (No. 5) is a legislative instrument created under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. This Determination is designed to provide a fortnightly payment to a member of the Australian Defence Force (ADF) who holds the employee identification number 8085049, in recognition of their work performed in a senior leadership position. This is applicable for the period starting on 1 May 2023 and ending on 30 July 2023. The Determination specifies the amounts for higher duties performed between 1 May and 24 May 2023, and between 25 May and 30 July 2023, inclusive of any incomplete fortnights. This payment is in lieu of the higher duties allowance under Defence Determination 2016/19, Conditions of service, acknowledging the value of the member's work in a higher-ranked leadership role. This Determination imposes specific obligations on the member who is the recipient of the fortnightly payment, as well as on the administrative processes within the ADF. The member must perform the duties of a senior leadership position at a higher rank, as defined by the Determination, to be eligible for the additional payment. The ADF is required to calculate and disburse the fortnightly payments as per the provisions of this Determination, ensuring that the member is compensated for their work in the senior leadership position. Additionally, the ADF must ensure that the member does not receive the higher duties allowance under Defence Determination 2016/19, Conditions of service on any day they receive payment under this Determination. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Determination for non-compliance. However, decisions made under this Determination may be subject to inquiry under the ADF's redress of grievance system, as provided under Part 7 of the Defence Regulation 2016. Furthermore, a person may make a complaint to the Defence Force Ombudsman. The Determination is subject to disallowance under the Legislation Act 2003 and is compatible with human rights as it provides a fortnightly payment to the member to recognise the value of their work in a senior leadership position.

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