Defence (Individual benefits) Determination (No. 3) 2025

Overview

The Defence (Individual Benefits) Determination (No. 3) 2025 was enacted under section 58B of the Defence Act 1903, and it addresses the issue of unexpected delays in the commencement of long-term overseas postings for Defence personnel, which results in a financial loss to the affected members and their families. This Determination is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901 and is subject to the provisions of the Legislation Act 2003. The policy objective is to provide compensation to the affected Defence member by offering a payment equivalent to the cost of posting allowance they would have received if the posting had commenced as originally planned. The explanatory statement notes that this compensation aligns with the purpose of the cost of posting allowance, which is to support members during overseas postings. The enactment of this Determination by the Australian Government is intended to ensure that Defence personnel are appropriately compensated for unexpected delays that result in financial loss, thereby maintaining the integrity and fairness of their conditions of service. The compatibility of this Determination with human rights is affirmed under the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring that it upholds the right to just and favourable conditions of work as protected by international covenants.

Scope and Application

The Defence (Individual Benefits) Determination (No. 3) 2025 applies specifically to an individual member of the Australian Defence Force (ADF) identified by their unique employee identification number, 8239873, who has experienced an unexpected delay in commencing their long-term overseas posting. This Determination is made under section 58B of the Defence Act 1903, and its purpose is to compensate the member for the financial loss incurred due to the delay by providing a payment equivalent to the cost of posting allowance they would have received had their posting commenced as originally planned. The payment amount is set at AUD 7,317.72, calculated based on the lost posting allowance. The Determination is subject to the interpretation principles in the Acts Interpretation Act 1901 and is a disallowable legislative instrument under the Legislation Act 2003. It is also compatible with human rights, as it protects the member's right to just and favourable conditions of work as per Article 7 of the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Defence (Individual Benefits) Determination (No. 3) 2025, made under section 58B of the Defence Act 1903, provides a payment equivalent to the cost of posting allowance to a member who would have received it but for an unexpected delay in commencing their long-term posting overseas (section 4). Specifically, section 5 of the Determination applies to the member with the employee identification number 8239873, and section 6 stipulates that the member is to receive a one-off payment of AUD 7,317.72, which is the amount they would have received as cost of posting allowance had they commenced their posting as originally described. The Determination commences on the day after it is registered (section 2) and is repealed as detailed in section 7. The Determination imposes obligations on the relevant member, ensuring they receive a specified compensation amount due to the unexpected delay in their overseas posting. It also places a responsibility on the Defence Force to process and disburse the payment accurately and timely. The Defence Force must ensure that the payment reflects the cost of posting allowance the member would have earned without the delay, as outlined in section 6. Breaches of the obligations under this Determination could lead to civil or administrative consequences. While the Determination itself does not explicitly state penalties for non-compliance, any failure by the Defence Force to honour the payment as specified would likely be subject to review and possible redress under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. Furthermore, a person may make a complaint to the Defence Force Ombudsman if they believe their rights under this Determination have been infringed. This ensures that any grievances or disputes can be formally investigated and addressed within the Defence Force’s internal mechanisms.