DETERMINATIONS
NOTICE OF THE MAKING OF DETERMINATIONS UNDER SECTION 58B
NOTICE is hereby given that the following determinations have been made under section 58B of the Defence Act 1903. Copies of the Determinations are available on www.defence.gov.au/dpe/pac. For further information contact the Directorate of Engagement, Priorities and Drafting on pacman@defence.gov.au.
Year/Det Title Signed
2014/21 Family assistance for attendance at coronial inquests 14 May 2014
2014/22 Overseas operations – amendment 14 May 2014
Overview
The Defence Act 1903, enacted by the Australian Parliament, provides a legal framework for the administration of the Australian Defence Force (ADF). One of the purposes of the Act is to address issues arising from the unique nature of military operations and their implications on service personnel and their families. The Act was amended to include specific determinations under section 58B, which aim to fill gaps and address problems encountered in the context of military service, such as the provision of family assistance and the adjustment of policies related to overseas operations. These determinations, such as those made in 2014 regarding family assistance for attendance at coronial inquests and amendments to overseas operations, were introduced to ensure that the ADF can operate effectively while providing necessary support to service members and their families. The policy objective behind these determinations is to support and uphold the welfare of ADF personnel and their families in accordance with the provisions of the Defence Act 1903.
Scope and Application
The Defence Act 1903, through the determinations made under section 58B, applies to members of the Australian Defence Force (ADF), including both serving and former members, as well as their families. These determinations provide detailed provisions regarding family assistance for attendance at coronial inquests and amendments relating to overseas operations, impacting the eligibility and conditions under which such assistance is provided and the management of overseas operations. The jurisdictional reach of the Act is national, applying across all states and territories of Australia, as it pertains to the Commonwealth's defence force. The determinations extend the application of the Act through subordinate instruments, ensuring that specific operational and administrative details are effectively managed and communicated to relevant parties within the ADF and its associated families. There are no stated exclusions or exemptions within these determinations, though thresholds and specific eligibility criteria are defined to ensure that assistance is appropriately targeted and administered.
Key Provisions
The Defence Act 1903 has been amended by two determinations under section 58B. The first determination, titled "Family assistance for attendance at coronial inquests" (2014/21), provides that members of the Australian Defence Force (ADF) and their families will receive assistance in attending coronial inquests. This includes financial support for travel, accommodation, and related expenses, recognising the emotional and logistical burdens such attendance imposes (Section 58B). The second determination, "Overseas operations – amendment" (2014/22), amends the existing provisions related to the ADF's operations overseas, although the specific changes are not detailed in the notice (Section 58B).
These determinations impose specific obligations on the ADF and its members. The ADF must ensure that financial and logistical support is available for members and their families attending coronial inquests, ensuring that the process is as smooth and supportive as possible (Section 58B). The ADF must also implement any changes outlined in the "Overseas operations – amendment" to ensure that operations overseas are conducted in accordance with updated policies and procedures (Section 58B).
Failure to comply with the provisions of these determinations could lead to various consequences, although specific offences, penalties, or civil/criminal consequences are not detailed in the notice. Generally, non-compliance with Defence Act provisions could result in disciplinary action for ADF members, including potential demotion, fines, or imprisonment, depending on the severity of the breach (Section 58B). Additionally, any failure to provide the mandated support for attending coronial inquests could be considered a breach of the duty of care owed to ADF members and their families, potentially leading to civil liability.