Defence Determination 2014/53, Deployment
allowance and international campaign allowance –
amendment
I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this
Determination under section 58B of the Defence Act 1903.
Dated 23 October 2014
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group
Ref945
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Citation
1.
This Determination is Defence Determination 2014/53 Deployment allowance and
international campaign allowance – amendment.
2.
This Determination may also be cited as Defence Determination 2014/53.
Commencement
This Determination is taken to have commenced on 9 August 2014.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
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Clause 17.9.21 (Definitions), table
substitute
Item
1.
Term
The deployment
Definition in this Division
The ADF contribution deployed overseas to any of the
following.
a. The US-led military response to international terrorism.
b. Support for the UN Assistance Mission in Afghanistan.
c. Support third country deployments in Afghanistan as part of
one of the following operations.
i.
International Security Assistance Force (ISAF).
ii. OPERATION ARIKI.
iii. OPERATION ATHENA.
iv. OPERATION HERRICK.
v. OPERATION ENDURING FREEDOM – Afghanistan.
d. ADF operation in support of the whole of government
response to the crisis in Iraq.
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Item
2.
Term
Specified area
Definition in this Division
The specified area for each area of the deployments is as
follows.
a. For the contribution to
An area bounded by the land
the US-led military
mass and superjacent airspace
response to international of Afghanistan
terrorism (item 1.a).
b. For support to the UN
Assistance Mission in
Afghanistan (item 1.b).
Afghanistan
c. For participating on the
NATO-led security
mission in Afghanistan
(item 1.c.i).
Afghanistan
d. For third country
Afghanistan
deployment to New
Zealand's contribution to
ISAF and OPERATION
ENDURING FREEDOM
(item 1.c.ii).
e. For third country
deployment to Canada's
contribution to ISAF
(item 1.c.iii).
f.
Afghanistan
For third country
Afghanistan
deployment to the United
Kingdom's contribution to
ISAF (item 1.c.iv).
g. For third country
deployment to the US
Global War on Terror
(item 1.c.v).
Afghanistan
h. For the ADF operation in Iraq
support of the whole of
government response to
the crisis in Iraq
(item 1.d).
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Subclause 17.9.25.1 (Rate of allowance)
substitute
1.
The amount of international campaign allowance payable for each day or part day of duty is
the relevant of the following.
a.
For duty in Afghanistan — AUD 200.
b.
For duty in Iraq — AUD 150.
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Annex 17.9.A (Deployment allowance – eligible areas and operations)
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after table item 7, insert
8.
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ADF operation in support of Kuwait, Bahrain, the United Arab Emirates, Qatar,
the whole of Government
Jordan, the Persian Gulf, Cyprus, Albania, Bosnia and
response to the crisis in Iraq Herzegovina, Bulgaria, Croatia, Czech Republic,
Estonia, Hungary, Montenegro, Poland and Romania.
Transitional
1.
This clause applies to members deployed on the ADF operation in support of the whole of
government response to the crisis in Iraq and performing duty in the operational area for
any period between 1 July 2014 and 8 August 2014.
2.
For the purpose of this clause, operational area includes the following locations.
3.
a.
Iraq.
b.
Kuwait.
c.
Bahrain.
d.
The United Arab Emirates.
e.
Qatar.
f.
Jordan.
g.
The Persian Gulf.
The member is eligible for the payment of deployment allowance for each day of duty in the
operational area during the period described in subclause 1.
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,
29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 47, 48, 49, 50, 51 and 52.
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EXPLANATORY STATEMENT
Defence Determination 2014/53
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 17 of the Principal Determination sets out provisions dealing with warlike and non-warlike
deployments for members of the Australian Defence Force (ADF).
The purpose of this Determination is to extend deployment allowance and international campaign
allowance to members serving on the ADF operation in support of the whole of government response to
the crisis in Iraq.
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 is taken to have commenced on 9 August
2014.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 amends the table in clause 17.9.21 of the Principal Determination. The table sets out definitions
used for the purpose of international campaign allowance. The definitions of 'the deployment' and
'specified area' have been amended to include the ADF operation in support of the Whole of Government
response to the crisis in Iraq.
Clause 5 amends clause 17.9.25 of the Principal Determination to include a new subclause 17.9.25.1A
which sets out the rate of international campaign allowance for members deployed on the ADF operation
in support of the whole of government response to the crisis in Iraq.
Clause 6 amends Annex 17.9.A of the Principal Determination to include the new deployment and
operational area for the ADF operation in support of the whole of government response to the crisis in
Iraq for the purpose of the payment of deployment allowance. Deployment allowance is paid for the part
of the area that is outside Iraq, while international campaign allowance is paid for service within Iraq.
Clause 7 provides transitional payment for members who were deployed as part of one of the whole of
government response to the crisis in Iraq between the 1 July 2014 and the commencement of this
Determination. Eligible members are to be paid deployment allowance for each day they performed duty
in the operational area.
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.
The retrospective application of this Determination does not affect the rights of a person (other than the
Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.
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 2014/53, Deployment allowance and international campaign allowance –
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 extend deployment allowance and international campaign
allowance to members serving on the ADF operation in support of the whole of government response to
the crisis in Iraq.
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.
Legitimate objective: Defence members may be required to perform duty in overseas locations which are
areas of military conflict. Defence members who are deployed to some overseas locations will experience
adverse conditions during service. These members are compensated for conditions that can include but
are not limited to hazard, stress, climate, health care facilities, infrastructure and isolation.
Reasonable, necessary and proportionate: Defence requires its members to perform duty in these
locations and therefore provides additional benefits, beyond the normal overseas conditions of service.
Deployment allowance and international campaign allowance help financially to compensate members for
the conditions they encounter while on deployment.
This Determination includes the whole of government response to the crisis in Iraq as an operation where
members are eligible for the payment of deployment allowance or international campaign allowance while
deployed on the operation. It also provides a transitional payment of deployment allowance to ensure that
any members deployed on the operation between 1 July 2014 and the commencement of this
Determination are provided with deployment allowance at the rate they would have received had this
Determination commenced on 1 July 2014.
Conclusion
This Determination is compatible with human rights because to the extent that it may limit human rights,
those limitations are reasonable, necessary and proportionate.
John William Geering, Director General People Policy and Employment Conditions