EXPLANATORY STATEMENT
Defence (Individual Housing Assistance) Determination 2018
This Determination is made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA 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 AIA Act, as modified by section 58B of the Defence Act.
The purpose of this Determination is to provide housing assistance and a removal to the dependants of a member of the Australian Defence Force (ADF) (employee identification number 8543805) to provide housing, removal and related travel assistance to the dependants of a member. Defence has generally well developed processes for supporting the dependants of members, but in this case gaps in that support framework have been identified and losses were borne by the dependants of the member in respect of which it was appropriate for Defence to provide housing assistance.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on 22 June 2018.
Section 3 provides that this Determination has authority under section 58B of the Defence Act 1903.
Section 4 provides the purpose of this Determination.
Section 5 provides for the definitions used within this Determination.
Section 6 outlines to whom this Determination applies.
Section 7 specifies that housing assistance is to be provided to an eligible person until the earlier of the day the person vacates the service residence or 31 January 2019.
Section 8 provides that an eligible person will receive removal benefits that are specified in subsection 6.5.78.2 of Defence Determination 2016/19, Conditions of Service as in force from time to time. The removal benefit is limited to one specified location within Australia, from the service residence location specified in section 7. The removal benefit must not occur after 31 January 2019.
Section 9 provides that an eligible person will receive a travel benefit specified under subsection 9.3.18 to subsection 9.3.22 of Defence Determination 2016/19, Conditions of Service, as in force from time to time.
Section 10 provides that the benefits provided under this Determination cease on 31 January 2019.
Benefits, and the administration of benefits, provided in this Determination are not subject to the ADF redress of grievance system, however, a person may make a complaint about matters of administration of benefits to the Defence Force Ombudsman.
Consultation
Navy and Defence Legal were consulted and agreed to the assistance provided by this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the determination does not alter existing arrangements.
Authority: Section 58B of the
Defence Act 1903
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Defence (Individual Housing Assistance) Determination 2018
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The purpose of this Determination is to provide housing assistance and a removal to the dependants of a member of the Australian Defence Force (ADF) (employee identification number 8543805) in recognition of certain expenses incurred and/or losses shouldered by the dependants. Defence has generally well developed processes for supporting the dependants of members, but in this case gaps in that support framework have been identified and losses were borne by the dependants of the member in respect of which it was appropriate for Defence to provide housing assistance.
Human rights implications
This Determination does not engage any applicable rights or freedoms.
Conclusion
This Determination is compatible with human rights it does not engage any applicable human rights or freedoms.
Elizabeth Anne Sisley, Acting Assistant Secretary People Policy and Employment Conditions