EXPLANATORY STATEMENT
Defence (Individual benefits) Determination (No. 9) 2025
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 payment in lieu of accrued leave credits to a member due to exceptional circumstances.
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 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 Military Personnel Branch.
The rule maker was satisfied that further consultation was not required.
Approved by: | Sarah Kate McGregor Acting Director General People Policy and Employment Conditions |
Authority: | Section 58B of the
Defence Act 1903 |
Annex A
Defence (Individual benefits) Determination (No. 9) 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 after the instrument is registered.
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 member who holds employee identification number 8531450.
Section 6 provides a definition of ‘Defence Determination’ which means Defence Determination 2016/19, Conditions of service, as in force from time to time and a definition of ‘accrued leave credits’ which incorporates a reference to section 5.4.42 of the Defence Determination.
Section 7 provides that the member is to be paid an amount in lieu of, and equivalent to, 50 days of accrued leave credits.
The amount payable is to be calculated according to section 5.4.44 of the Defence Determination, which provides the method for determining the payout of leave credits for a member, other than a senior officer who transitioned, who is to be paid an amount for all or part of their accrued leave credits.
The member’s accrued leave credits are to be reduced by the number of leave credits that are paid out under this Determination.
Section 8 provides that the Determination is repealed on 30 June 2025.
Annex B
Defence (Individual benefits) Determination (No. 9) 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 provide a payment in lieu of accrued leave credits to a member due to 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
This Determination is compatible with human rights as it promotes a member’s right to the enjoyment of just and favourable work conditions by providing a member who is in exception circumstances a payment in lieu of their accrued leave credits as a part of their conditions of service.
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 (No. 9) 2025 was enacted to address exceptional circumstances affecting the payment of accrued leave credits to a specific member of the Australian Defence Force. This Determination was made under section 58B of the Defence Act 1903 and is subject to disallowance under the Legislation Act 2003, as well as the interpretation principles of the Acts Interpretation Act 1901. The primary objective of this Determination is to provide a payment in lieu of accrued leave credits to a member due to such circumstances. It was approved by Sarah Kate McGregor, the Acting Director General of People Policy and Employment Conditions, and is effective from the day after its registration until 30 June 2025. The policy aims to ensure that members of the Defence Force receive fair treatment in their conditions of service, particularly in situations where exceptional circumstances prevent the standard accrual or payout of leave credits.
Scope and Application
The Defence (Individual benefits) Determination (No. 9) 2025 applies specifically to a member of the Defence Force identified by their employee identification number 8531450. This instrument is created under the authority of section 58B of the Defence Act 1903 and adheres to the principles outlined in the Acts Interpretation Act 1901. Its geographic and jurisdictional reach is confined to the Commonwealth of Australia, specifically targeting individual members of the Defence Force. The Determination provides a payment in lieu of accrued leave credits due to exceptional circumstances, ensuring that the member's right to just and favourable conditions of work is upheld. The instrument is subject to disallowance and operates under the provisions of the Legislation Act 2003. The Determination is set to be repealed on 30 June 2025, with no stated exclusions, exemptions, or thresholds beyond the specified member and the exceptional circumstances outlined. Decisions made under this Determination can be reviewed through the ADF redress of grievance system or by making a complaint to the Defence Force Ombudsman.
Key Provisions
The Defence (Individual Benefits) Determination (No. 9) 2025, made under section 58B of the Defence Act 1903, aims to provide a payment to a specific Defence member, identified by their employee identification number 8531450, in lieu of accrued leave credits due to exceptional circumstances. This Determination sets out the conditions and method for calculating the payout, which is equivalent to 50 days of accrued leave credits, as per section 5.4.44 of the Defence Determination 2016/19. The payment is to be made in accordance with the member's conditions of service, and their accrued leave credits will be reduced by the number of credits paid out. This Determination also stipulates that it will be repealed on 30 June 2025.
The obligations imposed by this Determination on the parties it governs are primarily administrative and financial. The Defence member identified by their employee identification number is entitled to the specified payment, and the Defence force is obligated to calculate and disburse this payment as per the outlined method. The Defence force must also ensure that the member's accrued leave credits are adjusted accordingly to reflect the payment made under this Determination. Additionally, the Defence force must ensure that the Determination complies with all relevant legislative requirements, including those outlined in the Acts Interpretation Act 1901 and the Legislation Act 2003.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the text of the Determination for breach of its provisions. However, any failure by the Defence force to comply with the Determination could potentially lead to legal challenges by the affected member, including claims for breach of contract or administrative law challenges. The Defence force would need to ensure that the payment is made in accordance with the terms of the Determination to avoid such outcomes. Further, decisions made under this Determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation, and a complaint may be made to the Defence Force Ombudsman.