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 |
Authority: | Section 58B of the
Defence Act 1903 |
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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.
Overview
The Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023 was enacted to address the need for extended housing and removal assistance for members of the Defence Force following the termination of their service. This Determination, which amends the Defence (Individual Housing Assistance – Post termination of service) Determination 2018, was made under section 58B of the Defence Act 1903 by the Australian Parliament and is subject to the Legislation Act 2003. The primary policy objective of this Amendment Determination is to extend the period for which housing and removal benefits can be claimed from 31 December 2023 to 31 December 2024, thereby ensuring continued support for affected members beyond the original timeline. The Determination also aligns with human rights compatibility, as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011, and has undergone consultation with relevant stakeholders within the Defence Force.
Scope and Application
The Defence (Individual Housing Assistance – Post termination of service) Amendment Determination 2023 amends the Defence (Individual Housing Assistance – Post termination of service) Determination 2018, which was made under section 58B of the Defence Act 1903 and is in accordance with the Acts Interpretation Act 1901. This Determination applies to individuals who are members of the Defence Force and are receiving housing assistance after the termination of their service. It extends the period for which housing and removal benefits can be provided from 31 December 2023 to 31 December 2024. This extension applies to all persons who are eligible under the Principal Determination. The Amendment Determination operates nationally, encompassing all states and territories within Australia, and is subject to the disallowance and interpretation principles outlined in the Legislation Act 2003. There are no stated exclusions or exemptions in this Determination, although it is noted that decisions made under it may be subject to inquiry under the ADF redress of grievance system or complaint to the Defence Force Ombudsman.
Key Provisions
This Determination, under the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901, amends the Defence (Individual Housing Assistance – Post termination of service) Determination 2018 (Principal Determination). The key amendments, as outlined in Schedule 1, extend the period for which housing and removal assistance can be provided to Defence Force members after termination of service from 31 December 2023 to 31 December 2024. This is achieved through modifications to paragraphs 6.1.b, subsection 8.2, and section 9 of the Principal Determination (Items 1 to 3). Section 2 specifies the commencement of the Determination as the day after it is registered, while Section 3 affirms the authority of this instrument under section 58B of the Defence Act. Section 4 clarifies the effect of the Schedules attached to this instrument.
The Determination imposes specific obligations on the parties involved, primarily focusing on the provision of housing and removal assistance to Defence Force members after their service has been terminated. The Defence Force is required to ensure that eligible members receive housing and removal assistance up until 31 December 2024, as extended by this Amendment Determination. The Defence Force must also adhere to the operational details and the conditions set forth in the amended Principal Determination, ensuring that all benefits and assistance are provided within the specified timeframes and in accordance with the rules outlined in the Determination.
Any breach of the provisions of this Determination may lead to civil or criminal consequences, depending on the nature and severity of the breach. Although the specific penalties are not detailed in the text, breaches of Defence-related legislation can generally lead to substantial fines and, in severe cases, imprisonment. The exact penalties would be determined based on the specific breach and the relevant laws under which the offence is charged. Additionally, decisions made under the Principal Determination, as amended, can be subject to inquiry under the ADF redress of grievance system or complaints to the Defence Force Ombudsman, providing avenues for redress for affected members.