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 |
Authority: | Section 58B of the
Defence Act 1903 |
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.
Overview
The Defence (Individual Benefits) Determination 2024 (No. 2) was enacted to address the need for financial assistance for members of the Australian Defence Force (ADF) who are medically unfit to serve and are being separated. The Determination provides a payment to assist with relocation costs, ensuring that these individuals receive just and favourable remuneration in accordance with international standards. This legislative instrument was made under section 58B of the Defence Act 1903 and is subject to disallowance as per the Legislation Act 2003. The policy objective is to support ADF members transitioning out of service due to medical unfitness by alleviating some of the financial burdens associated with relocation. The Determination also complies with human rights obligations, particularly the right to just and favourable conditions of work and the right to an adequate standard of living as outlined in the International Covenant on Economic, Social and Cultural Rights.
Scope and Application
The Defence (Individual benefits) Determination 2024 (No. 2) applies specifically to members of the Australian Defence Force (ADF) who are medically unfit to serve and are being separated from the ADF. This legislation is intended to provide these individuals with a payment to help cover relocation costs, ensuring they receive just and favourable remuneration in accordance with their rights under international covenants. The application of this Determination is confined to the Commonwealth level, as it is enacted under the Defence Act 1903 and subject to the provisions of the Legislation Act 2003 and the interpretation principles in the Acts Interpretation Act 1901. There are no stated exclusions or exemptions within the Determination itself; however, decisions made under this instrument may be subject to review under the ADF redress of grievance system or through a complaint to the Defence Force Ombudsman. The Determination will repeal on 6 July 2024, as outlined in Section 5.
Key Provisions
The Defence (Individual Benefits) Determination 2024 (No. 2) (the Determination) outlines the procedure for providing a financial benefit to a member of the Australian Defence Force (ADF) who is medically unfit to serve and is being separated (section 4). This payment is intended to assist the member with relocation costs. The Determination is structured with key provisions that dictate its operation and effect, as well as the obligations it imposes on the parties involved. The Determination commences on the day after it is registered (section 2) and will remain in effect until 6 July 2024, when it will be repealed (section 5). It is made under the authority of section 58B of the Defence Act 1903 (section 3).
The Determination places an obligation on the relevant authorities to ensure that eligible members receive the specified payment. This includes identifying members who meet the criteria of being medically unfit to serve and in the process of separation. The authorities must also process and disburse the payments as outlined in the Determination. These obligations are designed to ensure that the financial assistance is provided in a timely and efficient manner, supporting the affected members during a transitional period in their lives.
Breach of the provisions in the Determination could have legal consequences. While specific offences and penalties are not detailed within the Determination, it is likely that any non-compliance with the requirements would be subject to the general legal framework governing the Defence Act and related regulations. This could include administrative actions, fines, or other penalties as determined by the relevant authorities. Furthermore, the Determination is subject to the inquiry processes outlined in Part 7 of the Defence Regulation 2016, which allows for review and redress of grievances. This provides an avenue for affected parties to seek resolution if they believe that the provisions of the Determination have not been properly adhered to.
In terms of human rights, the Determination is compatible with the International Covenant on Economic, Social and Cultural Rights, particularly Articles 7 and 11, which pertain to just and favourable conditions of work and the right to an adequate standard of living. The financial assistance provided ensures that separated members receive appropriate remuneration and support, aligning with these international human rights standards. This compatibility is affirmed in the statement of compatibility, which confirms that the Determination respects and upholds the human rights of affected ADF members.