Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to make minor technical amendments across most chapters. It removes seven bonuses that are no longer required for Defence capability, changes the position title of an Army decision maker, wherever occurring, to reflect a name change of that title, and changes references to the Defence Regulation 2016.
Administered by: Defence
Registered 09 Jul 2019
Tabling HistoryDate
Tabled HR22-Jul-2019
Tabled Senate22-Jul-2019
Date of repeal 20 Sep 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Defence Determination, Conditions of Service Amendment (Technical amendments) Determination 2019 (No. 20)

This Determination amends Defence Determination 2016/19, Conditions of service (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. These instruments are also subject to the interpretation principles in the AIA Act.

This Determination makes minor technical amendments across most chapters of the Principal Determination. It has the following purposes.

·         To remove seven bonuses that are no longer required for Defence capability.

·         To change the position title of an Army decision maker, wherever occurring, to reflect a name change of that title.

·         To change references to the Defence Regulation 2016.

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

Section 2 provides that this instrument commences on 11 July 2019.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Section 1 omits and substitutes section 3.5.3 of the Principal Determination, which provides the contents of the Part. The contents have changed significantly as a result of several Divisions being omitted by this Schedule.

Sections 2 to 8 omit Chapter 3 Part 5 Divisions 3 to 8, and 10 from the Principal Determination respectively, which provided completion bonuses designed to attract and retain ADF members. These bonuses are no longer required for Defence capability.

Section 9 omits subparagraph 3.5.92.1.d.v of the Principal Determination, which contained a reference to the Division omitted by Schedule 1 section 8 of this Determination.

Sections 10 to 14 omit Annexes 3.5.C, 3.5.D, 3.5.E, 3.5.F and 3.5.H of the Principal Determination respectively. The annexes are offer and acceptance forms for bonuses omitted by Schedule 2 sections 2 to 9 of this Determination.

Schedule 2 – Position title amendments

Sections 1 to 9 omit the position title ‘Director General Personnel – Army’ substituting it with ‘Director General Army People Capability’ to reflect a change in the position title within Army.

Sections 10 to 14 omit the position title 'Director Military Personnel Policy' substituting it with 'Director Military People Policy' to reflect a change in the position title within Defence People Group.


 

Schedule 3 – References to Defence Regulations 2016 amendments

Section 1 inserts section 1.3.16A into the Principal Determination which provides a definition of ‘Defence Regulation’, being the Defence Regulation 2016. The definition is to be used across the Principal Determination.

Sections 2 to 21 provide amendments as a consequence of the insertion of the definition of ‘Defence Regulation’ into Chapter 1 of the Principal Determination by section 1 of this Schedule. The definition removes the need to reference the Defence Regulation in full throughout the Principal Determination.

Consultation

Before this Determination was made, Navy, Army, and Air Force and the Directorate of Military Remuneration were consulted in the development of this Determination.

 

The rule maker was satisfied that external consultation was not required due to the nature of the amendments.

 

 

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 Determination, Conditions of Service Amendment (Technical amendments) Determination 2019 (No. 20)

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 Determination 2016/19, Conditions of service removing old bonuses and updating position titles and references to other legislation.

Human rights implications

Bonuses

Schedule 1 of this Determination engages the following human rights Right to the enjoyment of just and favourable conditions of work (article 7 of the International Covenant of Economic, Social and Cultural Rights).

 

Defence members are highly trained and valuable on the Australian employment market. Defence uses completion bonuses to make an ADF career more attractive than other opportunities at critical points of workforce shortage or potential shortage.

This Determination omits bonus schemes that are no longer required for Defence capability. The bonuses being removed no longer apply to any ADF members.

Position titles

Schedule 2 of this Determination makes technical amendments to the Principal Determination and does not engage any human rights issues.

References to the Defence Regulation 2016

Schedule 3 of this Determination makes technical amendments to the Principal Determination and does not engage any human rights issues.

 

Conclusion

This Determination is compatible with human rights as it does not raise any human rights issues.

 

Louise Judith Memmolo, Acting Assistant Secretary People Policy and Employment Conditions