EXPLANATORY STATEMENT

Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2)

This Determination amends Defence (State of Emergency – Townsville floods) Determination 2019 (No.1) (the Principal Determination) 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.

The purpose of this Determination is to provide assistance to members of the Australian Defence Force (ADF) and their dependants who have been affected by, and require relief from, the flooding in Townsville.

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 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 – Amendment to Defence (State of Emergency – Townsville floods) Determination 2019
(No. 1)

Section 1 amends section 5 of the Principal Determination. The section provides the definition of a 'Decision maker' and has been amended to provide additional decision makers who are authorised to make a decision under this determination.

Section 2 inserts a new definition for member choice accommodation.

Section 3 amends subsection 11.4 of the Principal Determination. The provision has been amended to provide for a member to occupy temporary accommodation for a maximum duration of 12 months, rather than three months.

Section 4 omits and substitutes subsection 18.2 of the Principal Determination. The new subsection provides that a member is eligible for an additional rent allowance equal to the member's contribution. In conjunction with Defence Determination 2016/19, Conditions of service, this has the effect of making the member’s rent allowance the same as their rent ceiling, as originally intended.

Section 5 inserts new sections 21, 22, 23 and 24 into the Principal Determination.

• Section 21 provides the conditions for a member to nominate a care-giver, to travel to Townsville to look after the member's dependants who are children, or an adult with special needs. The provision provided the nominated person an economy flight to Townsville from their place of residence in Australia, and return, or vehicle allowance should they choose to travel by car. The provision also provides the conditions for accommodation if required by the member's nominated person if they travel by car.
• Section 22 provides that a member with dependants who has been displaced from accommodation as a result of flood waters or associated damage, is eligible for member choice accommodation in Townsville and is not required to pay a contribution.
• Section 23 provides that if a member chooses to vacate their member choice accommodation to allow a member with dependants to occupy that accommodation, or a member with dependants who has been displaced from their accommodation as a result of the floods, is eligible for a removal and storage, including the continued storage, of their furniture and effects.
• Section 24 provides that a commanding officer or decision maker may approve payment of the reasonable costs of travel and related expenses for a person under this Determination who would not otherwise be eligible for those benefits.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.

Consultation

Before this Determination was made, consultation internal to Defence was undertaken with Navy, Army and Air Force, the Estate and Infrastructure Group, Defence Finance Group and Defence People Group.

External to Defence, consultation was undertaken with Defence Families Australia. The rulemaker 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 (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2)

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

This Determination makes technical amendments to Defence (State of Emergency – Townsville floods) Determination 2019 (No.1).

This Determination provides benefits to members of the Australian Defence Force and their families who live in the Townsville Disaster District, as declared by the Acting Minister for Fire and Emergency Services in the State of Queensland, and have been adversely affected by the floods in that area.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Right to an adequate standard of living

Article 11 recognises the right to an adequate standard of living, including adequate food, clothing and housing and to the continuous improvement of living conditions.

This Determination provides just and favourable working conditions to members of the Australian Defence Force (ADF) in response to the natural disaster that is the floods in the Townsville Disaster District, by way of providing additional housing and travel benefits to members of the ADF and their dependants as a condition of service. The additional benefits recognise the hardship that members and their families may suffer as a result of the floods.

This determination recognises the right to an adequate standard of living by providing temporary accommodation to members of the ADF and their dependants by providing temporary accommodation and food allowances to those who have been displaced from their homes as a result of the floods in Townsville.

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions