Defence (Individual benefits) Determination (No. 4) 2025

Overview

The Defence (Individual benefits) Determination (No. 4) 2025 was enacted to address the need for providing financial compensation in lieu of recreation leave to a member of the Defence Force under exceptional circumstances. This Determination was made under section 58B of the Defence Act 1903 and is subject to disallowance and interpretation principles as outlined in the Acts Interpretation Act 1901 and the Legislation Act 2003. The policy objective of this Determination is to ensure that members of the Defence Force who cannot take their accrued and purchased recreation leave due to exceptional circumstances receive a fair and just compensation. The primary aim is to uphold the member's right to just and favourable conditions of work as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights. This Determination ensures that the affected member receives a payment equivalent to their accrued leave credits and purchased recreation leave credits, thereby maintaining the integrity of their employment conditions.

Scope and Application

The Defence (Individual benefits) Determination (No. 4) 2025 applies specifically to a member of the Defence Force identified by their employee identification number 8532114. The purpose of this Determination is to provide a payment in lieu of recreation leave credits due to exceptional circumstances. This instrument is made under section 58B of the Defence Act 1903 and is subject to disallowance and the interpretation principles set out in the Acts Interpretation Act 1901. The Determination is effective from the day after its registration and will be repealed on 31 May 2025. It is explicitly designed to address the individual case of the member in question, ensuring they receive a payment that equates to their accrued leave credits and purchased recreation leave credits as per the Defence Determination 2016/19 and relevant sections of the Defence Determination. This payment mechanism is intended to uphold the member's right to the enjoyment of just and favourable conditions of work, aligning with human rights principles as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of the Defence (Individual Benefits) Determination (No. 4) 2025 include section 4, which outlines the purpose of the Determination, and section 7, which provides for the payment of an amount in lieu of accrued leave credits and purchased recreation leave credits to the member identified in section 5. Section 8 specifies that the Determination will be repealed on 31 May 2025. Under this Determination, the obligations and requirements imposed on the parties include the payment to the member, identified as employee number 8532114, of an amount equivalent to their accrued leave credits and purchased recreation leave credits as of the commencement of this Determination, as per section 7. The amount is to be calculated according to section 5.4.44 of the Defence Determination, which pertains to the payout of leave credits for members. The member's accrued leave credits and purchased recreation leave credits are to be reduced by the number of recreation leave credits paid out under this section. The Determination also outlines potential consequences for breach, although specific offences and penalties are not explicitly stated in the provided text. Generally, breaches of Defence Act provisions can result in civil or criminal penalties, which can include fines or imprisonment, depending on the severity of the breach. Given the disallowable legislative nature of this Determination, it is subject to parliamentary scrutiny, and any decisions made under this Determination may be subject to inquiry under the ADF redress of grievance system. Additionally, complaints can be made to the Defence Force Ombudsman. The compatibility of this Determination with human rights is assessed in annex B. The Determination is deemed compatible as it supports a member's right to just and favourable work conditions by providing a payment in lieu of leave credits for members in exceptional circumstances, aligning with Article 7 of the International Covenant on Economic, Social and Cultural Rights. This compatibility ensures that the Determination does not contravene any human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.