Defence Determination 2013/61, Aide-De-Camp Allowance Amendment

Defence Determination 2013/61, Aide-de-camp allowance – amendment

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
DatedDecember2013
Acting Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2013/61, Aide-de-camp allowance – amendment.
2. / This Determination may also be cited as Defence Determination 2013/61.

2 Commencement

This Determination commences onthe date of signature.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Chapter 10 Part 3 (Aide-de-camp allowance) title

substitute

Part 3: Aide-de-camp and ADF advisor allowance

5 Clause 10.3.1 (Purpose)

substitute
The purpose of this Part is to assist certain members with the cost of purchase or hire of civilian clothing, to meet the requirements of representational roles of an aide-de-camp or an ADF advisor.
Note: The three Services authorise payment of aide-de-camp allowance.

6 Paragraph 10.3.2.b (Member this Part applies to)

substitute
This Part applies to these members, including members on Reserve service.
a. / An aide-de-camp. This means a member performing duty as an aide-de-camp, equerry, flag lieutenant or escort officer or designated by the CDF as an aide-de-camp. This does not include an honorary aide-de-camp or an aide-de-camp to an official of a State or Territory.
b. / Defence Advisor to the Joint Standing Committee on Foreign Affairs, Defence and Trade.
c. / A member who is either of the following and approved by the CDF for the purpose of this allowance, having regard to the nature of the representational duties, and the associated clothing requirements.
i. / An ADF advisor.
ii. / A member required to perform official representational duties.

7 Clause 10.3.3 (Entitlement to aide-de-camp allowance), title

substitute

10.3.3Payment of aide-de-camp and ADF advisor allowance

8 Subclause 10.3.3.2 (Payment of aide-de-camp and ADF advisor allowance)

substitute
2. / This table outlines the maximum total amounts that can be reimbursedfor the duration of the member's posting.

Subclause 10.3.3.3 (Payment of aide-de-camp and ADF advisor allowance), note

omit
entitled to
insert
eligible for
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2013/1 and amendments made by Defence Determinations 2013/1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60.

EXPLANATORY STATEMENT

Defence Determination 2013/61

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.

Chapter10 of the Principal Determination sets out provisions dealing with clothing and personal effects for members of the Australian Defence Force (ADF).

The purpose of this Determination is to amend the provisions for aide-de-camp allowance to include ADF advisors as eligible to receive the allowance for representational duties. Aide-de-camp and ADF advisor allowance provides assistance to certain members for the cost of purchase or hire of civilian clothing, to meet the requirements of an aide-de-camp or an ADF advisor.

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 amends the title of Chapter 10 Part 3 of the Principal Determination to change to name of aide-de-camp allowance to include ADF advisors.The change to the name of the allowance is to better reflect all members who may be eligible to the allowance.

Clause 5 amends clause 10.3.1 of the Principal Determination. Clause 10.3.1 provides the purpose of aide-de-camp allowance. This clause has been amended to include ADF advisors, which reflects the change of the allowance name made by clause 4 of this Determination.

Clause 6 substitutes clause 10.3.2 of the Principal Determination, which provides a list of members to whom Chapter 10 Part 3 applies to. The amendment inserts a new paragraph that provides for CDF to determine that a member who is posted to a position which is anADF advisor position, or a position which has official representational duties, is eligible for the allowance

Clause 7 amends the title of clause 10.3.3 of the Principal Determination. The clause title has been amended to include ADF advisors, which reflects the change of the allowance name made by clause 4 of this Determination.

Clause 8substitutes the text in subclause 10.3.3.2 of the Principal Determination. The new subclause 2 provides that the maximum reimbursement amount of aide-de-camp and ADF advisor is for the duration of the member's posting to the position.

Clause 9amends the note in subclause 10.3.3.3 of the Principal Determination. The note in subclause 10.3.3.3 provides that a member may be eligible for uniform allowance as well as the reimbursement of costs under Chapter 10 Part 3. Uniform allowance is to assist members in maintaining their uniforms but not all members are eligible to receive the allowance. This clause replaces the word 'entitled' with 'eligible' in the note to make it clear that amember may be eligible for uniform allowance. The eligibility is contingent on their meeting conditions relevant to that allowance.

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 2013/61, Aide-de-camp 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

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.

A relatively small number of ADF members have duties that require them to act as aide-de-camp or as an ADF advisor for senior people in certain positions. Those members regularly find themselves required to attend functions where a high level of dress is required or perform duties where a uniform is not appropriate. ADF members are all required to have uniforms and for that they are paid a uniform allowance. Aides-de-camp and ADF advisors have far broader clothing requirements than most members, including a need to have dress uniform, and formal and business civilian wear.

Aide-de-camp or ADF advisor allowance is paid to assist aides-de-camp and ADF advisors so they are not disadvantaged by the requirement to provide that additional clothing.

Conclusion

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

Christon Scott Chamley, Acting Director General People Policy and Employment Conditions