EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025
This Determination amends Defence (Individual benefits) Determination 2024 (No. 3) (the Principal Determination), made under section 58B of the Defence Act 1903 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. These instruments are also subject to the interpretation principles in the AI Act.
This Determination amends the Principal Determination, which provides a reimbursement to assist with the costs incurred by the member in relation to the payment of a salary to an Au Pair. The Au Pair will care for a child who accompanied the member on a long-term posting overseas. This enabled the member to be available to meet the short notice requirements in their role.
Purpose
The purpose of this Determination is to do the following:
- Extend the end date of the reimbursement period from ‘31 December 2025’ to ‘14 January 2026’ due to the extension of the member’s long-term posting overseas.
- To provide a pro rata reimbursement calculation for the benefit that the member may receive during the extended reimbursement period.
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. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Before this Determination was made, the consultation was undertaken with Navy. The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025 Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the Determination commences on the day the instrument is registered.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Reimbursement period amendments
Item 1 amends section 5 of the Principal Determination, which provides the definition of ‘reimbursement period’. The definition has been amended to change the end date of ’31 December 2025’ to ‘14 January 2026’. The period of the member’s posting has been extended by an additional 14 days and this extension to the reimbursement period will allow the member to be reimbursed costs for their Au Pair for the additional period.
Item 2 inserts a new section 7A into the Principal Determination, which provides that the member is to be reimbursed costs for services provided under section 7 of the Principal Determination after 31 December 2025. The amount of the reimbursement is the lesser of the amount paid by the member or the amount calculated using the provided formula.
Item 3 inserts a new section 9 into the Principal Determination, which repeals the Determination on 1 March 2026.
Annex B
Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025 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 do the following:
- Extend the end date of the reimbursement period from ‘31 December 2025’ to ‘14 January 2026’ due to the extension of the member’s long-term posting overseas.
- To provide a pro rata reimbursement calculation for the benefit that the member may receive during the extended reimbursement period.
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.
Assessment of compatibility
This Determination is compatible with human rights as it assists the member to maintain care for their child in circumstances where the member has to meet the short notice requirements in their role.
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.