Defence Determination 2014/48, Deployment
allowance – amendment
I, INGRID CECILIE SINGH, Acting Director General People Policy and Employment Conditions,
make this Determination under section 58B of the Defence Act 1903.
Dated 19 September 2014
I C SINGH
Acting Director General
People Policy and Employment Conditions
Defence People Group
Ref914
1
Citation
1.
This Determination is Defence Determination 2014/48, Deployment allowance –
amendment.
2.
This Determination may also be cited as Defence Determination 2014/48.
2
Commencement
This Determination is to be taken to have commenced on 21 July 2014.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
Annex 17.9.A (Deployment allowance – eligible areas and operations), table
item 6
4
after table item 6, insert
7.
ADF operation in support of
the Whole of Government
response to the MH17 air
disaster in Ukraine
Ukraine
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 and 47.
2
EXPLANATORY STATEMENT
Defence Determination 2014/48
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 deployment allowance for
members of the Australian Defence Force (ADF).
The purpose of this Determination is to extend deployment allowance to members serving on the ADF
operation in support of the whole of government response to the MH17 air disaster in Ukraine.
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 21 July
2014.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 varies Annex 17.9.A of the Principal Determination. Annex 17.9.A sets out those areas and
operations that attract the payment of deployment allowance. The ADF operation in support of the Whole
of Government response to the MH17 air disaster in Ukraine has been added to the list.
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.
Consultation
The Department of the Prime Minister and Cabinet and the Department of Veterans' Affairs were
consulted during the classification process. It is noted that decisions about the nature of service are
subject to bipartisan consultation through Government and do not impact business or competition.
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 2014/48, Deployment 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 to members serving on the ADF
operation in support of the whole of government response to the MH17 air disaster in Ukraine.
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 including
hardship locations and areas of military conflict.
Defence members who are posted or 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, to
assist the member to not suffer a disadvantage because of the requirement for the member to live and
work overseas.
This Determination amends the operational areas in which ADF members are to perform duty. The
operation has been expressly mentioned to ensure that a special package of benefits designed to
compensate members for adverse conditions, can be provided to those deployed on it. These
amendments ensure that an affected person continues to receive just and favourable remuneration.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Ingrid Cecilie Singh, Acting Director General People Policy and Employment Conditions