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 |
Authority: | Section 58B of the
Defence Act 1903 |
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.
Overview
The Defence (Individual Benefits) Determination 2024 (No. 1) was enacted to provide specific accommodation benefits to members of the Australian Defence Force (ADF) in exceptional circumstances, thereby ensuring that their children can continue their education in Australia while the member is on long-term overseas posting. This Determination was made under section 58B of the Defence Act 1903 and aligns with the objectives outlined in the Acts Interpretation Act 1901. The policy objective is to support ADF members and their families by facilitating educational continuity for the children during the parent's extended deployment abroad. The enactment of this Determination by the Australian Government addresses the gap in support for families affected by long-term overseas postings, ensuring they have the necessary resources to maintain their children's education within Australia.
Scope and Application
The Defence (Individual benefits) Determination 2024 (No. 1) applies to a specific member of the Australian Defence Force (ADF) identified by their employee identification number 8265233. It is made under section 58B of the Defence Act 1903 and provides accommodation costs in exceptional circumstances to enable the member's children to continue their education in Australia while the member is on long-term overseas posting. This Determination applies on a national level within Australia and is subject to the relevant interpretation principles in the Acts Interpretation Act 1901 and the Legislation Act 2003. The application of the Determination can be extended or restricted through subordinate instruments, although in this instance, no such extensions or restrictions are noted. Decisions under this Determination are subject to the ADF's redress of grievance system and may be reviewed by the Defence Force Ombudsman. The Determination is compatible with human rights, specifically recognising the right of the child to education as outlined in the Convention on the Rights of the Child.
Key Provisions
The Defence (Individual Benefits) Determination 2024 (No. 1), made under section 58B of the Defence Act 1903, is designed to assist a member of the Australian Defence Force (ADF) with accommodation costs in exceptional circumstances, allowing their children to continue their education in Australia while the member is on long-term overseas posting. Section 4 specifies that this Determination applies to a member with employee identification number 8265233. Section 5 defines key terms such as "Defence Determination" and "Period of eligibility" for the purposes of this Determination. Section 6 outlines that the member is eligible for accommodation costs for each of their children, with a specified maximum amount per child, per year, and clarifies that they are ineligible for certain benefits during this period. Section 7 stipulates that the member must contribute to the cost of accommodation as per the Defence Determination. Section 8 allows for the payment of benefits either through reimbursement to the member or directly to the service provider.
The Determination imposes several obligations on the parties it governs. Firstly, the member with employee identification number 8265233 must adhere to the eligibility criteria and conditions outlined in the Determination. This includes ensuring that their children's education in Australia continues without interruption during the member's long-term overseas posting. The member is also required to make the specified contribution towards the accommodation costs as per Section 7. Additionally, the member must cooperate with the payment process, which can be either a reimbursement to themselves or a direct payment to the service provider as detailed in Section 8. The Defence Force is obligated to process the member’s application for accommodation costs, ensuring compliance with the provisions of this Determination, and to facilitate timely and appropriate payments to either the member or the service provider.
Breaches of the provisions set forth in this Determination may lead to various consequences. Although the Determination itself does not explicitly state the penalties for non-compliance, breaches of the Defence Act 1903 or related Defence Regulations could potentially result in disciplinary action against the member. Such actions might include formal reprimands, demotions, or other administrative penalties as deemed appropriate by the relevant authorities. Additionally, any misuse of funds or fraudulent claims related to the accommodation costs could attract further scrutiny and potential criminal charges under Australian law, including fraud or theft, which could lead to significant penalties, including fines and imprisonment. It is essential for all parties involved to adhere strictly to the terms and conditions to avoid any adverse consequences.