EXPLANATORY STATEMENT
Defence (Individual benefits) Determination 2024 (No. 4)
This Determination is 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.
Purpose
The purpose of this Determination is to provide a removal and associated travel costs to the family of a former member in exceptional circumstances.
Operational details
Details of the operation of the Determination are provided at annex A.
Incorporation by reference
The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.
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, consultation was undertaken with Military Personnel Division and Air Force.
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. 4)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after the instrument is registered on the Federal Register of Legislation.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the purpose of the determination.
Section 5 provides that the determination applies to the family of a former member of the ADF. For the purpose of this Determination ‘family’ means a member of the family of the former member who were formally recognised under the Defence Determination as resident family immediately before the former member ceased continuous full-time service.
Section 6 provides definitions for the purpose of the determination.
Section 7 provides a removal benefit for the family of the former member from the former member’s last housing benefit location to a location chosen by the former member’s family. The section further provides that the removal must be taken no later than 13 October 2026.
Section 8 provides that the family are eligible for the benefits that are associated with a removal up to what the former member would have received had the former member taken the removal. The section further provides the family are not eligible for any associated benefits that the former member has already received as a consequence of being eligible for the removal. The associated benefits are payable at the rate that applies when the benefits are provided.
Section 9 provides that the family are required to make any contributions that the former member would have otherwise been required to make had they taken the removal. The rate of contribution is the rate that applies at the time the benefit is provided.
Section 10 provides that the determination is revoked on 14 October 2026.
Annex B
Defence (Individual benefits) Determination 2024 (No. 4)
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 removal and associated travel costs to the family of a former member in exceptional circumstances.
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
Schedule 1 is compatible with human rights as it provides the family of a former member a removal, and the benefits that are associated with a removal, in unforeseen circumstances when they would otherwise not be eligible.
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.