Defence Determination 2013/9, Tertiary education assistance – amendment

I, BRIAN GARY PAULE, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 14 February 2013
BRIAN PAULE
Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

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Citation
1. / This Determination is Defence Determination 2013/9, Tertiary education assistance – amendment.
2. / This Determination may also be cited as Defence Determination 2013/9.
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Commencement
This Determination commences onthe date of signature.
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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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Paragraph 8.4.25.2.b (Rate and period of assistance)
at the end, insert
Exception: Assistance is not provided forcourse breaks at the end of semesters or academic years, see paragraph 3.a. This is regardless of how the educational institution establishes their course program.
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Paragraph 8.4.25.3 (Rate and period of assistance)
omit
following.
insert
following during the period of eligibility in subclause 2.
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Paragraph 8.4.25.3.a (Rate and period of assistance)
substitute
a. / Accommodation costs during course breaks that occur at the end of a semester or academic year.
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Paragraph 8.4.25.4.h (Rate and period of assistance), example
omit
semester breaks.
insert
course breaks at the end of a semester or academic year.
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 and 8.

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EXPLANATORY STATEMENT

Defence Determination 2013/9

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter8 of the Principal Determination sets out provisions dealing with members of the Australian Defence Force (ADF) and their dependants.

The purpose of this Determination is to clarify the provisions for accommodation costs for tertiary students who are not at the member's location of residence.

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 paragraph 8.4.25.2.b of the Principal Determination to clarify that education assistance is not provided for course breaks at the end of semesters or academic years.

Clause 5 amends subclause 8.4.25.3 of the Principal Determination to include a reference to the period of eligibility in subclause 8.4.25.2.

Clause 6substitutes paragraph 8.4.25.3.a of the Principal Determination. This paragraph clarifies that accommodation costs cannot be reimbursed during course breaks at the end of a semester or academic year.

Clause 7 amends the example in paragraph 8.4.25.4.h of the Principal Determination. Paragraph 8.4.25.4.h provides that the CDF may consider a student's accommodation lease arrangement when approving accommodation costs in special circumstances. The example has been amended to include lease arrangements which includes the payment of rent during end of academic year breaks.

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 2013/9, Tertiary education assistance – 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

This Determination amends the provisions for accommodation costs for tertiary students who are not at the member's location of residence.

Human rights implications

The protection of a person's right to education for dependants

The protection of a person's right to care for dependants engages Article 10 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance to families, including their responsibility for the education and care of dependent children.

Legitimate objective: Defence members are regularly posted to perform duty in various locations within Australia. This could cause a dependant child who is attending tertiary school disruption if they are required to change tertiary institutions during their study. The purpose of education assistance is to provide a member with financial assistance for additional costs which may be incurred for a dependant child to attend school at a location within Australia other than the members posting location. Financial assistance for accommodation costs is not generally provided to the member during tertiary semester or end of academic year breaks.

Reasonable, necessary and proportionate:Education assistance for tertiary students is provided to members to assist in the accommodation costs when their dependant child is attending tertiary education at a location other than at the member's posting location. By assisting with the accommodation costs it allows the dependant to remain in the tertiary institution where they have commenced their study, to attend a tertiary institution which provides fields of study which are not available at the member's posting location, or to attend tertiary education when there are no facilities available at the posting location. This Determination clarifies that assistance is not generally provided during tertiary semester or end of academic year breaks, although there is discretion for situations where special circumstances exist.

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.

Brian Gary Paule, Director General People Policy and Employment Conditions