EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2024 (No. 1)
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 accommodation costs to a member of the ADF in exceptional circumstances to enable their children to continue their education in Australia while the member is on long-term posting overseas.
Operational details
Details of the operation of the Determination are provided at annex A.
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
Before this Determination was made, the consultation was undertaken with Army. The rule maker was satisfied that further consultation was not required.
Approved by: | Sarah McGregor Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2024 (No. 1)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 that this Determination commences on the day after registration on the Federal Register of Legislation.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that this Determination applies to the member who holds employee identification number 8265233.
Section 5 provides the definition of Defence Determination and Period of eligibility that apply to this Determination.
Section 6 provides that the member is eligible for accommodation costs incurred for each of their children. The section further provides the maximum amount the member is eligible to receive per child, per year and that they are not eligible for benefit provided by section 15.6.27 of the Defence Determination during the period of eligibility.
Section 7 provides that the member must pay the contribution provided in paragraph 15.6.27.3.a of the Defence Determination towards the cost of accommodation provided by this Determination per child, per year.
Section 8 provides that the benefits under this Determination may be paid by either reimbursement to the member or by payment directly to the service provider.
Annex B
Defence (Individual benefits) Determination 2024 (No. 1)
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 accommodation costs to a member of the ADF in exceptional circumstances to enable their children to continue their education in Australia while the member is on long-term posting overseas.
Human rights implications
Right of the child to education
Recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Article 27 of the Convention on the Rights of a Child, states Parties shall take appropriate action to assist parents and other responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
Assessment of compatibility
This Determination is compatible with human rights as it provides accommodation costs to a member in exceptional circumstances to enable their children to continue their education in Australia while the member is on long-term posting overseas.
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.