Defence (Townsville removal) Determination 2019 (No. 1)
This Determination is 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 (the AIA Act).
Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act.
The purpose of this Determination is to provide removal assistance to members of the Australian Defence Force (ADF) and their dependants who were relocated in Townsville under Defence (State of Emergency – Townsville floods) Determination 2019 (No.1).
In this Determination both of the following apply.
- Reference to Defence Determination 2016/19, Conditions of service, is a reference to that determination as in force from time to time.
- Reference to Defence (State of Emergency – Townsville floods) Determination 2019 (No.1) is a reference to that determination as in force from time to time.
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 ceases on 31 August 2020.
Section 4 provides that this instrument has authority under section 58B of the Defence Act.
Section 5 provides the purpose of this Determination.
Section 6 provides the definitions used in this Determination, including specifying who the decision makers are for the purpose of exercising discretionary powers under this determination.
Section 7 specifies the class of members and their dependants for whom this Determination applies. It is limited to members who were relocated to alternative accommodation in Townsville under Defence (State of Emergency – Townsville floods) Determination 2019 (No.1).
Section 8 sets out the available assistance which may be provided for a member to relocate from their current residence in Townsville to the member's own home or to housing which is as near as practicable to the location where they resided prior to the Townsville flood disaster.
Section 9 sets out the temporary accommodation assistance which may be provided for a member where a same day removal cannot be undertaken.
Section 10 sets out the assistance for a member who may need to temporarily board their household pet while completing a removal approved under this Determination.
Criteria are provided for the exercise of discretion under this Determination. Adverse decisions 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, consultation was undertaken with Navy, Army and Air Force, the Estate and Infrastructure Group and Defence People Group. Outside of Defence, consultation was undertaken with Defence Families Australia.
The rule maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
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
The purpose of this Determination is to provide removal assistance to members of the Australian Defence Force (ADF) and their dependants who were relocated in Townsville under Defence (State of Emergency – Townsville floods) Determination 2019 (No.1).
Human rights implications
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, 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) by way of providing additional removal assistance to members of the ADF and their families who were relocated as a result of the Townsville flood disaster to the member's own home or to housing as near as practicable to the location where they resided prior to the Townsville flood disaster.
This Determination recognises the right to an adequate standard of living by providing temporary accommodation to members of the ADF and their families who elect to relocate in Townsville and the removal is unable to be completed in the same day.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Kirk Marcel Lloyd, Assistant Secretary People Policy and Employment Conditions
Overview
The Defence (Townsville removal) Determination 2019 (No. 1) was enacted under section 58B of the Defence Act 1903 and is in accordance with subsection 33(3) of the Acts Interpretation Act 1901. This legislation was introduced to provide removal assistance to members of the Australian Defence Force (ADF) and their dependants who were relocated in Townsville due to the flood disaster, as detailed in the Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1). The primary objective of this Determination is to ensure that affected ADF members and their families receive support to relocate either to their own homes or to housing as close as possible to their pre-flood residences. The enacting body responsible for this Determination is the Australian Parliament, and the policy objective is to provide just and favourable working conditions for ADF members by offering additional removal assistance.
The Determination outlines various forms of assistance, including relocation support, temporary accommodation, and pet boarding services, while also setting criteria for the exercise of discretion in providing such assistance. Adverse decisions made under this Determination can be subject to inquiry under the ADF's redress of grievance system, and individuals can also lodge complaints with the Defence Force Ombudsman. The rule maker consulted with relevant internal and external Defence bodies before finalizing this Determination, ensuring it aligns with human rights and freedoms, particularly the right to an adequate standard of living as recognised under international covenants.
Scope and Application
The Defence (Townsville removal) Determination 2019 (No. 1) applies to members of the Australian Defence Force (ADF) and their dependants who were relocated in Townsville due to the flood disaster, specifically under the Defence (State of Emergency – Townsville floods) Determination 2019 (No.1). This instrument is made under section 58B of the Defence Act 1903 and is subject to the interpretation principles in the Acts Interpretation Act 1901. The Determination provides removal assistance to eligible members and their families, offering them the option to relocate to their own homes or to housing near their previous residences. This assistance includes the provision of temporary accommodation if a same day removal is not possible and the opportunity for members to temporarily board their household pets during the relocation process. The Determination is subject to discretionary criteria and adverse decisions may be subject to inquiry under the ADF redress of grievance system or complaint to the Defence Force Ombudsman. The Determination is effective from the day after registration and will cease on 31 August 2020. This Determination does not extend or restrict application through subordinate instruments and there are no stated exclusions or exemptions within the text.
Key Provisions
The Defence (Townsville Removal) Determination 2019 (No. 1) is a legislative instrument made under section 58B of the Defence Act 1903 (section 4). It is designed to provide assistance to members of the Australian Defence Force (ADF) and their dependants who were relocated in Townsville due to the floods under the Defence (State of Emergency – Townsville Floods) Determination 2019 (No. 1). The Determination outlines the types of assistance available to these individuals, including assistance for relocating to their own home or housing near their previous residence (section 8), temporary accommodation assistance if relocation cannot be completed in one day (section 9), and assistance for temporarily boarding household pets during the relocation process (section 10). The assistance is provided to those members who were relocated to alternative accommodation in Townsville under the aforementioned flood determination (section 7). The Determination also specifies the criteria for the exercise of discretion and the avenues for making inquiries or complaints if adverse decisions are made (section 10).
The Determination imposes specific obligations on the parties involved. It requires that assistance be provided in accordance with the terms outlined in the Determination, including the criteria for eligibility and the types of assistance available. The decision makers specified in the Determination are responsible for exercising discretionary powers under the instrument (section 6). Additionally, the Determination is subject to the interpretation principles in the Acts Interpretation Act 1901 and is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011 (section 4).
There are no specific offences or penalties outlined in the Determination itself. However, adverse decisions made under the Determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Furthermore, a person may make a complaint to the Defence Force Ombudsman. The Determination is a disallowable legislative instrument subject to the Legislation Act 2003, and the rule maker was satisfied that further external consultation was not required.
The Determination is compatible with human rights as it provides removal assistance to members of the ADF and their families who were relocated as a result of the Townsville flood disaster. By providing temporary accommodation and assistance for relocation, the Determination recognises the right to an adequate standard of living as protected under Article 11 of the International Covenant on Economic, Social and Cultural Rights. This ensures that members of the ADF and their families have access to just and favourable working conditions and an adequate standard of living during and after the relocation process.