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 establish STEAM Lab +E in Tokyo as an approved summer school for members who are posted to Japan and also amends the table under section 15.8.7 (Approved clubs) to update the approved club for the United Arab Emirates and to make technical amendments to improve ease of reference.
Administered by: Defence
Registered 04 Feb 2020
Tabling HistoryDate
Tabled HR05-Feb-2020
Tabled Senate06-Feb-2020
To be repealed 12 Jun 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Defence Determination, Conditions of service Amendment Determination 2020 (No. 2)

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 (AI 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 AI Act.

This Determination amends the Chapter 15 Chapters of the Principal Determination for members of the Australian Defence Force (ADF). Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

The purpose of this Determination is to provide the following:

·         To establish STEAM Lab +E in Tokyo as an approved summer school for members who are posted to Japan. STEAM Lab +E is an international school used by Defence families posted to Tokyo. The school is added to the list of approved summer schools so that children do not have to change schools during the summer programme period.

·         To amend the table under section 15.8.7 (Approved clubs) to update the approved club for the United Arab Emirates and to make technical amendments to improve ease of reference.

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

Section 2 provides that this Determination commence on 6 February 2020.

Section 3 provides that this instrument has authority under section 58B of the Defence Act.

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 1Approved summer schools amendments

Section 1 omits and substitutes table item 9 of Annex 15.6.B of the Principal Determination which specifies the approved summer schools for Japan. A new summer school 'STEAM Lab +E' is added to the list.

Schedule 2—Approved club amendments

Section 1 amends section 15.8.2 of the Principal Determination which provides the definitions for Chapter 15 Part 8. The amendment inserts a table of approved clubs for members on long-term posting overseas, which prior to this amendment was found in section 15.8.7, and adds item numbers against each row in the table. 

The amendment also replaces the Hiltonia Health Club and Spa with the Radisson Blu Beach Club & Spa as the approved club for the United Arab Emirates and makes technical amendments to update the reference Korea to South Korea.

Section 2 amends paragraph 15.8.4.2 which references section 15.8.7.

Section 3 omits section 15.8.7 which specifies the approved clubs, which is now provided under section 15.8.2 of the Principal Determination.


 

Consultation

Before this Determination was made, Strategic Policy and Intelligence Group (Directorate of Attaché and Overseas Management), Navy, Army and Air force were consulted in the development of the Determination.

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 the following:

·         To establish STEAM Lab +E in Tokyo as an approved Summer school for members who are posted to Japan.

·         To amend the table under section 15.8.7 (Approved clubs) to update the approved club for the United Arab Emirates and to make technical amendments to improve ease of reference.

Human rights implications

Schedule 1—Approved summer schools amendments

This Determination engages Article 28 of the Convention on the Rights of the Child. Article 28 recognises the right of a child to education.

Defence members are posted to perform duty in overseas locations where they may be accompanied by their families. This Determination ensures that children who accompany members on a long term posting to an overseas location have access to education facilities similar to those in Australia.

This Determination advances the right to an adequate standard of living to members and their dependants when they are posted on long-term posting overseas.  It specifies a summer school for STEAM Lab +E in Tokyo, Japan, which ensures that a member's children attending that school do not have to change schools to attend summer school.

Schedule 2—Approved club amendments

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.

The protection of a person's right to an adequate standard of living and just and fair work conditions 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 advances the right to favourable conditions of work and an adequate standard of living by providing assistance with the cost of club memberships for a member and their dependants in locations where services provided by the club would not otherwise be readily available.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions