EXPLANATORY STATEMENT
Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2021
This Determination amends Defence (Individual Housing Assistance – Post termination of service) Determination 2018 (the Principal Determination), 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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.
The purpose of this Determination is to extend the period in which a specified former member is able to receive benefits under the Principal Determination and to removing the requirement for the former member to pay a housing contribution. The Principal Determination provides housing assistance and a removal benefit to the former member as a part of Defence’s processes for supporting members during the transition process. The unique aspects of this case mean that longer term support and assistance are to be provided to the former member. The delays in the completion of relevant projects that underpin the benefits provided by Principal Determination require the extension of those benefits.
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 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on the day after registration.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Benefits amendments
Sections 1, 3 and 4 amend sections 6, 8 and 9 of the Principal Determination, which specify the end dates of particular benefits provided under that determination. The amendment extends the end date of the benefits by 2 years, enabling the former member to continue to receive the benefits until 31 December 2023.
Section 2 amends section 7 of the Principal Determination, which requires the member to pay a contribution towards their housing. This section is omitted which ceases the requirement for the member to pay a housing contribution.
Consultation
Before this Determination was made, consultation was undertaken with Army and Estate and Infrastructure Group, Department of Defence.
The rule maker was satisfied that further external consultation was not required.
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 – Post termination of service)
Amendment Determination 2021
Overview of the Determination
The purpose of this Determination is to extend the period in which a specified former member is able to receive benefits under the Principal Determination and to removing the requirement for the former member to pay a housing contribution.
Human rights implications
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
This Determination is compatible with human rights specifically with Article 11 of the International Covenant on Economic, Social and Cultural Rights as it extends housing assistance benefits to ensure that a former member of the ADF receives just and favourable housing in accordance. This Determination ensures that the member can occupy a residence until which time that the member is able to occupy their own home.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions