EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2024 (No. 2)
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 member of the Australian Defence Force (ADF) who is medically unfit to serve and is being separated, with a payment to assist with relocation costs.
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, consultation was undertaken with the Military Personnel Branch, and Pay and Conditions NSW.
The rule maker was satisfied that further consultation was not required.
Approved by: | Colonel Kirk Lloyd 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. 2)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides this instrument commences on the day after the instrument is registered.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the amount which is to be paid to the member and the employee identification the member holds.
Section 5 provides this instrument repeals on 6 July 2024.
Annex B
Defence (Individual benefits) Determination 2024 (No. 2)
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 member of the ADF who is medically unfit to serve and is being separated, with a payment to assist with relocation costs.
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 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
Assessment of compatibility
This Determination provides financial assistance to a member for relocation following separation, ensuring that they receive just and favourable remuneration in accordance with Article 7 and that they have an adequate standard of living under Article 11.
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.