Defence (Payments to ADF Cadets) Determination 2019

Administered by Department of Defence

Legislation au F2019L00059 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Defence (Payments to ADF Cadets) Determination 2019

Section 62B of the Defence Act 1903

 

The Chief of the Defence Force (CDF), as the administrator of the Australian Defence Force Cadets program (ADF Cadets), has the authority to make determinations by legislative instrument that provide for payments or other pecuniary benefits to or for officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors and cadets by way of grants, honoraria, payments for expenses or other means. A determination made by the CDF can also provide for the recovery of any part of the financial assistance provided under the determination.

Previously CDF directed the Vice Chief of the Defence Force to establish policy requirements that apply to the ADF Cadets, and this direction was reflected in the Defence (Payments to ADF Cadets) Determination 2016 (2016 Determination). Under a new administrative arrangement to take effect on
29 January 2019, the CDF has now directed the Chief of Joint Capabilities to issue and maintain the policy requirements that apply the ADF Cadets.

The Defence (Payments to ADF Cadets) Determination 2019 repeals the 2016 Determination to reflect the new administrative arrangement. The remade instrument sets out the authority and conditions for payments and other pecuniary benefits to or for officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors and cadets.

Transitional arrangements have been included in the Defence (Payments to ADF Cadets) Determination 2019 to ensure outstanding applications for payments prior to the repeal of the 2016 Determination are managed appropriately.

Name of the instrument

Section 1 sets out the manner in which this Instrument may be cited.

Commencement

Section 2 provides that the Instrument commences on 29 January 2019.

Authority

Section 3 provides that this Instrument is made under the authority of subsection 62B(1) of the Defence Act 1903.

Definitions

Section 4 provides definitions applicable to the Instrument.

Schedules

Section 5 provides for the repeal of the Defence (Payment to ADF Cadets) Determination 2016.

 

 

Eligibility for payments

Section 6(1) provides that an ADF Cadets officer/instructor may apply for a payment where they participate in an ADF Cadet activity. This application needs to be in writing to the authorised person. They will not be paid unless they make an application.

Sections 6(2) and (3) provide that an ADF Cadets officer/instructor is eligible for no more than 48 days of payment per financial year for ADF cadet activities. An ADF Cadets officer/instructor must apply to the authorised person for approval of payment where in excess of 48 days is required.

Section 6(4) and (5) provide that an ADF Cadets officer/instructor must apply for payment before the end of the following calendar month that the ADF cadet activity occurred. An ADF Cadets officer/instructor must apply to the authorised person for approval of a late application.

Amount of payments

Section 7 sets the circumstances when an application is made in respect of a cadet activity that the daily amount payable and other amounts is no more than the amount approved by the Chief of Joint Capabilities. The provision also specifies that the approved amounts are to be set out in a document signed by the Chief of Joint Capabilities. This document will be treated as a notifiable instrument published on the Federal Register of Legislative Instrument (FRLI) and will also be published on www.cadetnet.gov.au on the day this instrument commences.

Recovery of amounts paid

Section 8 provides for the recovery of an overpayment.

Other benefits

Section 9 sets out circumstances for the payment of other benefits in exceptional circumstances (e.g. in a medical emergency).

Authorised persons

Section 10 gives authority to certain persons as ‘authorised persons’ to make discretionary decisions in relation payments as prescribed in this instrument. Under section 10, the Chief of Joint Capabilities authorises persons to make these discretionary decisions in relation to the payments prescribed.

Transitional Provisions

Section 11(1) provides that applications for payment made before the commencement day are treated like applications made under the new determination. Section 11(2) provides that notifiable instruments made by VCDF under the 2016 Determination have effect as if made by the Chief of Joint Capabilities under the new determination. Section 11(3) provides that authorised persons under the 2016 Determination continue as authorised persons under the new determination. 

Legislative Instrument

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

 

Commencement

This instrument commences on 29 January 2019 in line with the new administrative arrangement for the ADF Cadets.

Consultation

Consultation with the Head Reserve and Youth Division and Defence Legal has occurred during the remaking of this Instrument and other relevant documents.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Defence (Payments of ADF Cadets) Determination 2019

This Instrument 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 Instrument is to determine the payment of allowances and other pecuniary benefits to or for officers of cadets, instructors of cadets or in respect of members of the families of officers, instructors and cadets.

Human Rights implications

Children’s freedom of peaceful assembly

This Instrument engages with article 15 of the International Covenant on the Rights of the Child. This article recognises the rights of the child to freedom of expression and peaceful assembly.

As a youth development organisation, the ADF Cadets program brings together people who provide activities in which children and young adults can participate and develop a sense of and appreciation of their community. ADF Cadets payment is a partial payment made as an honorarium, to assist Officers and Instructors of cadets in those activities. It is not claimed for all activity and is not claimed regularly or at all by significant numbers of officers and instructors. This Instrument provides further information about the procedural incentive to ensure that claims are proximate to the activity they assist with, and makes clear that the payment is an honorarium for activities that are voluntarily performed by officers and instructors of ADF Cadets. Giving clear information about the nature of benefits provided for these offices and instructors is helpful to ensure transparency and manage expectations of individuals.

Conclusion

This Instrument is compatible with human rights because it advances the protection of human rights.

Overview

The Defence (Payments to ADF Cadets) Determination 2019 was enacted to provide for payments or other pecuniary benefits to officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors, and cadets by way of grants, honoraria, payments for expenses, or other means. This instrument was introduced to reflect the new administrative arrangement effective from 29 January 2019, under which the Chief of Joint Capabilities issues and maintains the policy requirements that apply to the Australian Defence Force Cadets program. The objective of the instrument is to determine the authority and conditions for payments and other pecuniary benefits, while ensuring that any outstanding applications for payments prior to the repeal of the Defence (Payments to ADF Cadets) Determination 2016 are managed appropriately. This instrument is made under the authority of subsection 62B(1) of the Defence Act 1903 and is compatible with human rights, as it advances the protection of human rights and ensures transparency in the benefits provided.

Scope and Application

The Defence (Payments to ADF Cadets) Determination 2019 applies to officers and instructors of Australian Defence Force (ADF) Cadets, and members of their families, who participate in cadet activities. It establishes the conditions under which payments or other pecuniary benefits may be provided to these individuals, such as grants, honoraria, or payments for expenses, and it also governs the recovery of any overpayments. The authority for this determination is derived from subsection 62B(1) of the Defence Act 1903, and it commenced on 29 January 2019, replacing the Defence (Payment to ADF Cadets) Determination 2016 to align with a new administrative arrangement for the ADF Cadets. The Chief of Joint Capabilities is designated to issue and maintain the policy requirements that apply to the ADF Cadets. The determination specifies eligibility criteria, the amount of payments, and the process for recovery of overpayments, while also outlining exceptional circumstances for other benefits. Transitional provisions ensure that outstanding applications and notifiable instruments made under the previous determination are managed appropriately. The determination does not specify exclusions or exemptions, but it does include a statement of compatibility with human rights, affirming its alignment with international human rights instruments.

Key Provisions

The Defence (Payments to ADF Cadets) Determination 2019 (the Determination), made under section 62B(1) of the Defence Act 1903, outlines the provisions for payments or other pecuniary benefits to officers of cadets, instructors of cadets, or in respect of members of their families. Section 6(1) of the Determination stipulates that an ADF Cadets officer or instructor can apply for a payment if they participate in an ADF Cadet activity, with the application needing to be made in writing to the authorised person. Officers and instructors are eligible for no more than 48 days of payment per financial year for ADF cadet activities, as per sections 6(2) and (3). Applications for payments exceeding 48 days must be approved by the authorised person. Section 6(4) and (5) require that an application for payment must be made before the end of the following calendar month that the cadet activity occurred, and if submitted late, approval from the authorised person is required. The amount of payments is determined by section 7, which states that the daily amount payable and other amounts are no more than the amounts approved by the Chief of Joint Capabilities, as outlined in a document signed by the Chief and published on the Federal Register of Legislative Instruments and www.cadetnet.gov.au. The Determination imposes specific obligations on the parties involved. Section 8 addresses the recovery of overpayments, ensuring that any excess payments are reclaimed as necessary. Section 9 outlines the payment of other benefits in exceptional circumstances, such as medical emergencies. Section 10 designates certain individuals as 'authorised persons' who can make discretionary decisions in relation to payments, with the authority to do so granted by the Chief of Joint Capabilities. Transitional provisions, detailed in section 11, ensure that applications made before the commencement of the Determination are treated similarly to those made under the new framework, and that authorised persons under the previous determination continue in their roles under the new one. Breach of the provisions outlined in the Determination can result in various consequences. While the Determination does not explicitly list specific offences, penalties, or civil/criminal consequences for breaches, it is clear that the recovery of overpayments as per section 8 would be a primary concern. Additionally, any failure to comply with the requirements for applications or exceeding the approved number of payment days could lead to the denial of payment. The Determination's focus on transparency and the proper use of funds underscores the importance of adhering to its provisions to maintain the integrity of the ADF Cadets program.

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Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Transitional Provisions
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.