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

Administered by Department of Defence

Legislation au F2019L00128 Not in force Legislative Instrument

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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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

Overview

The Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2) was enacted to address the immediate needs of members of the Australian Defence Force (ADF) and their dependants who were affected by the floods in Townsville. This legislation amends the Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1), made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. The Defence Act 1903, administered by the Commonwealth Parliament, empowers the Governor-General to declare a state of emergency for the purposes of providing assistance to ADF members and their families in times of disaster. The primary policy objective of this amendment is to provide relief and support to those impacted by the Townsville floods, ensuring that ADF members and their families receive necessary assistance and benefits. This Determination introduces technical amendments to the original determination, expanding the scope of benefits available to affected ADF members and their dependants. The changes include additional decision-makers authorised to provide relief, extended duration for temporary accommodation, adjustments to rent allowances, provisions for caregivers, and additional support for those who have lost their homes due to the floods. The amendments aim to provide just and favourable working conditions and an adequate standard of living for the affected individuals, in line with international human rights standards. Adverse decisions under this Determination can be subject to inquiry under the ADF redress of grievance system, and complaints can be made to the Defence Force Ombudsman.

Scope and Application

The Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2) applies to members of the Australian Defence Force (ADF) and their dependants who have been adversely affected by the floods in the Townsville Disaster District. It amends the Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1) to extend the maximum duration for which a member may occupy temporary accommodation from three months to twelve months and to ensure that the rent allowance provided to members is equal to their rent ceiling. Furthermore, it provides for the nomination of a caregiver to assist with the care of a member's dependants, allows for additional housing and travel benefits for members who have been displaced from their homes, and provides for the removal and storage of furniture and effects for members who vacate their accommodation. This Determination is applicable nationally and is subject to disallowance under the Legislation Act 2003. There are no stated exclusions or exemptions, and no thresholds are specified. The application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The main operative sections of the Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2) (the Amendment Determination) make technical amendments to the Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1) (the Principal Determination). Section 1 of the Amendment Determination allows it to be cited in a specific manner, while Section 2 establishes that it commences on the day after registration. Section 3 confirms the authority under which the Amendment Determination is made, namely section 58B of the Defence Act 1903, and Section 4 details the amendments and repeals specified in the Schedule to the Amendment Determination. The obligations and requirements imposed by the Amendment Determination primarily focus on providing assistance to members of the Australian Defence Force (ADF) and their dependants affected by the Townsville floods. For instance, Section 5 of the Amendment Determination amends the definition of a 'Decision maker' to include additional authorised individuals who can make decisions under this determination (Schedule 1, Item 1). Additionally, Section 11.4 is amended to allow a member to occupy temporary accommodation for up to 12 months, instead of the previous three-month limit (Schedule 1, Item 3). The Amendment Determination also introduces new provisions, such as conditions for nominating a caregiver to look after dependants, eligibility for member choice accommodation, and the approval of reasonable travel costs and related expenses (Schedule 1, Items 4, 5, 6, and 7). The Amendment Determination includes provisions for offences, penalties, or consequences for breach, though specific penalties are not mentioned within the text. It is likely that breaches of the Determination would be subject to the general penalties outlined in the Defence Act 1903 or the applicable Defence Regulations. The Defence Act provides for various criminal and civil penalties for breaches of the Act and Defence Regulations, including fines and imprisonment. Adverse decisions made under the Amendment Determination may be subject to inquiry under the ADF redress of grievance system, and complaints may be made to the Defence Force Ombudsman. It is important to note that the specific penalties for breach of the Amendment Determination are not detailed within the text provided, and further information would need to be obtained from the relevant legislation.

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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.