EXPLANATORY STATEMENT
Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023
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 (Defence Act) 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.
This Determination amends the Principal Determination which provides housing assistance for a member after their service in the Defence Force has been terminated.
Purpose
The purpose of this Determination is to extend the housing and removal assistance currently being provided from 31 December 2023 to 31 December 2024.
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 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.
Consultation
Before this Determination was made, the consultation was undertaken with Army and the Directorate of Relocations and Housing.
The rule maker was satisfied that further consultation was not required.
Approved by: | Colonel Kirk Lloyd Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Individual housing assistance amendments
Item 1 to 3 make various amendments to the Principal Determination to extend the date until which housing and removal benefits can be provided under the Determination from 31 December 2023 to 31 December 2024. The following amendments have been made:
- Item 1 amends paragraph 6.1.b to extend the latest date that housing benefits can be claimed under the Principal Determination from 31 December 2023 to 31 December 2024.
- Item 2 amends subsection 8.2 to extend the latest date the member’s removal can occur under the Principal Determination from no later than 31 December 2023 to no later than 31 December 2024.
- Item 3 amends section 9 to extend the end date for which benefits under the Principal Determination can be provided from 31 December 2023 to 31 December 2024.
Annex B
Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023
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 extend the housing and removal assistance currently being provided from 31 December 2023 to 31 December 2024.
Assessment of compatibility
Schedule 1 makes amendments to the Principal Determination which do not change the underlying policies or benefits. As such, it does not engage with any of the applicable rights or freedoms.
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.