Defence Determination 2014/30, Recreation leave –
amendment
I, CHRISTON SCOTT CHAMLEY, Director General People Policy and Employment Conditions, make
this Determination under section 58B of the Defence Act 1903.
Dated 18 June 2014
C S CHAMLEY
Director General
People Policy and Employment Conditions
Defence People Group
Ref879
1
Citation
1.
This Determination is Defence Determination 2014/30, Recreation leave – amendment.
2.
This Determination may also be cited as Defence Determination 2014/30.
2
Commencement
This Determination commences on the date of signature.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
4
Clause 5.2.2 (Contents)
at the end of clause 5.2.2, insert
Annex 5.2.B
5
ADF request to purchase recreation leave
Annex 5.2.A (Remote locations within Australia – additional recreation leave)
omit the form titled ADF – Request to Purchase Recreation Leave
6
Annex 5.2.A (Remote locations within Australia – additional recreation leave)
at the end of Annex 5.2.A, insert
the Annex set out in the Schedule
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2014/1 and amendments made by Defence Determinations
2014/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28
and 29.
SCHEDULE
Annex 5.2.B: ADF request to purchase recreation leave form
See: Chapter 5 Part 2 Division 4A subclause 5.2.19B.2
Copy of the Application to purchase recreation leave form.
Note: For the form please see the PDF version of this Determination.
EXPLANATORY STATEMENT
Defence Determination 2014/30
This Determination amends Defence Determination 2005/15, 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 non-legislative instruments and are subject to the interpretation
principles in the AIA Act, as modified by section 58B of the Defence Act.
Chapter 5 of the Principal Determination sets out provisions dealing with leave for members of the
Australian Defence Force (ADF).
The purpose of this Determination is to prescribe a form that is mandated for applications to purchase
recreation leave and to include it in the contents list for its Part.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides that the Determination commences on the date of signature.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 inserts an entry to the list of contents in clause 5.2.2 of the Principal Determination. Although a
form was determined in July 2013 (Defence Determination 2013/37, Purchased recreation leave) it was
not placed into an easy to find separate Annex. Clause 4 fixes this structural problem as it adds the
Annex containing the form to the contents list.
Clause 5 omits a form from the end of Annex 5.2.A of the Principal Determination inserted by Defence
Determination 2013/37, Purchased recreation leave. The form, mandated for applications to purchase
recreation leave, requires its own Annex so that it may be easily found in the Principal Determination (see
clause 6 of this Determination).
Clause 6 inserts Annex 5.2.B into the Principal Determination. It replaces the form omitted by clause 5 of
this Determination, a form mandated for applications to purchase recreation leave. The form has been
restructured to make it easier for the user to complete. There is no additional information required by the
new form. While this does not expressly displace the operation of section 25C Acts Interpretation Act
1901, the form is mandated to ensure applicants show that they fully understand the need to pay and plan
for the leave they have purchased. Use of a different form might not ensure that awareness.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this
Determination. Adverse decisions are subject to merits review under the ADF redress of grievance
system, including an appeal to the Defence Force Ombudsman.
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 2014/30, Recreation leave – amendment
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 prescribe a form that is mandated for applications to purchase
recreation leave and to include it in the contents list for its Part.
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.
ADF members have the same needs as any other members of the community, including the need to care
for their children in school holidays, and to follow their own recreational interests. ADF conditions of
service include quite generous leave arrangements. Nevertheless, members may want more leave to be
available. Purchased recreation leave is a way of achieving this. This Determination makes minor
amendments to an existing application form for purchasing recreation leave. The changes to the form
make it easier for users to complete. The form itself helps to make sure that applicants understand their
obligation to pay for and plan for the leave that they purchase.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Christon Scott Chamley, Director General People Policy and Employment Conditions