Defence Determination 2014/23, Overseas operations – amendment

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 14 May2014
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group

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Citation
1. / This Determination is Defence Determination 2014/23, Overseas operations – amendment.
2. / This Determination may also be cited as Defence Determination 2014/23.
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Commencement
This Determination commences on1 July 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)
substitute
17.9.21Definitions
This table defines terms used in this Division.
Item / Term / Definition in this Division
1. / The deployment / The ADF contribution deployed overseas to any of the following.
a.The US-ledmilitary 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.
2. / Specified area / The specified area for each area of the deployments is as follows.
a.For the contribution to the US-led military response to international terrorism (item1.a). / An area bounded by the land mass and superjacent airspace of Afghanistan
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 deployment to New Zealand's contribution to ISAF and OPERATION ENDURING FREEDOM
(item 1.c.ii) / Afghanistan
e.For third country deployment to Canada's contribution to ISAF
(item 1.c.iii) / Afghanistan
f.For third country deployment to the United Kingdom's contribution to ISAF (item 1.c.iv) / Afghanistan
g.For third country deployment to the US Global War on Terror
(item 1.c.v) / Afghanistan
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Clause 17.9.25 (Rate of allowance)
substitute
17.9.25Rate of allowance
1. / The amount of international campaign allowance payable for each day or part day of duty in Afghanistan is AUD200.
2. / The rate of allowance may also be paid for other periods that the member is eligible for under clause 17.9.24.
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Subclause 17.9.27.1 (Payment of allowance after deployment)
substitute
1. / A member who returns from a deployment may be eligible for a payment. The payment is calculated in accordance with the following table.
Step / Action
1. / Work out how much leave the member accrued during the deployment.
2. / From the outcome of Step 1, subtract any leave that the member took during the deployment, for which international campaign allowance was paid.
3. / Work out the rate of the allowance payable during the period of service with the deployment.
4. / Multiply the outcome of Step 2 with the rate payable under Step 3.
5. / The outcome of Step 4 is payable to the member at the end of the deployment.
Example: A member is deployed for six months for which they receiveinternational campaign allowance at the rate of $200 a day.While deployedthe member accrues
19 days of leave for which they are eligibleto receive the allowance at the same rate.During the deployment the member takes five days of leave for which they receive the allowance at the same rate. After deployment the member will receive a payment for the remaining 14 days of leave accrued on deployment at the same rate. (Note:The rates and leave days accrued used in this example are for example purposes only.)
Step / Action
1. / The member accrued 19 days of leave during the deployment.
2. / The member took 5 days of leave.
19 days – 5 days = 14 days
3. / The rate of $200 a day is payable for the accrued leave.
4. / 14 x 200 = $2,800
5. / An amount of $2,800 is payable to the member at the end of his deployment.
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Annex 17.9.A (Deployment allowance – eligible areas and operations), items 3 and 4
substitute
3. / Maritime operations including counter piracy in the specified area. OPERATION MANITOU / The specified area is all sea and superjacent airspace of the Persian Gulf,the Gulf of Aden, the Red Sea and the Arabian Sea north of latitude 11 degrees 0 minutes southand west of longitude 68 degrees 0 minutes east. This includes the ports adjacent and the area within a 10 kilometre radius of each port.
See: Annex 17.9.B: International campaign allowance – OPERATION MANITOU - Maritime operations including counter piracy
4. / Supporting operations in the Gulf States.OPERATION ACCORDIAN / The area bounded by the land masses and superjacent airspace of Bahrain, Qatar and the United Arab Emirates.
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Annex 17.9.B (International campaign allowance – ADF contribution to the US-led military response to international terrorism)

substitute
the Annex set out in the Schedule
9 / Annex 17.9.C (International campaign allowance – ADF participation in US-led coalition operations in Iraq to support the Australianeffort to assist with the rehabilitation of Iraq and to remove the threat posed to world security by Iraq's weapons of mass destruction capability)
omit

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Transitional

1. / This clause applies to a member who meets both the following conditions.
a. / On 30 June 2014 the member was assigned for duty in an area defined as a specified areain the table in clause 17.9.21 of Defence Determination 2005/15, Conditions of Service.
b. / On 1 July 2014 the member's duty location did not meet the definition of specified areain the table in clause 17.9.21 of Defence Determination 2005/15, Conditions of Service, as amended by clause 5 of this Determination.
Exception: This paragraph does not apply if the rule applied only because the member had changed their duty location.
2. / When the member's deployment ends, they may be eligible for a payment of international campaign allowance for leave accrued and not taken during the deployment period. Therate isworked out using the following rules and table.
a. / If the member performed duty in one specified area, use the rate specified in the table for that area.
b. / If the member performed duty in two or more specified areas, use the highest rate specified in the table for one of those areas.
Item / Specified area / Amount (AUD) per day of accrued leave
1. / Iraq and the territorial sea of Iraq / 150
2. / Afghanistan / 200
3. / Any other part of the specified area / 125
Note: To see how the allowance is calculated see subclause 17.9.27.1, Payment of allowance after deployment.
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 and 22.

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SCHEDULE

Annex 17.9.B:International campaign allowance –OPERATION MANITOU -Maritime operations including counter piracy

EXPLANATORY STATEMENT

Defence Determination 2014/23

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.

Chapter17 sets out provisions dealing with warlike and non-warlike deployments for members of the Australian Defence Force (ADF) and Australian Public Service (APS) employees.

This Determination has the following four purposes.

  • To reduce the area of OPERATION SLIPPER to Afghanistan, for which international campaign allowance is payable.
  • To define the boundaries of two new non-warlike operations for the purpose of setting eligibility for deployment allowance.
  • To remove two areas eligible for international campaign allowance, for which operations will cease by 1 July.
  • To remove Iraq as a specified area for which international campaign allowance is payable.

This Determination amends operational areas for which the following ADF allowances may be payable.

  • International campaign allowance,which compensates members for hazard, stress and environmental factors while they are deployed with specified international campaigns.
  • Deployment allowance which compensates members for the hazard, stress and environmental factors that they are likely to experience on a warlike or non-warlike deployment.

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 1 July 2014.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 substitutes clause 17.9.21 of the Principal Determination, which provides a table of definitions for terms used in provisionsfor international campaign allowance, which compensates members for hazard, stress and environmental factors while they are deployed with specified international campaignsClause 4amends the definitions table to provide that the allowance is only payable to deployments in Afghanistan. The changes reflect the removal of operations in Iraq and the reduction of the area of the US-led military response to terrorism.

Clause 5 substitutes clause 17.9.25 of the Principal Determination, which provides rates of international campaign allowance for eligible deployment areas.It removes rates for areas that no longer attract the allowance, consequential upon clause 4 of this Determination. Rules that relate to being assigned to more than one operational area at the same time have been removed as that is no longer possible.

Clause 6 substitutes subclause 17.9.27.1 of the Principal Determination, which provides for payment of international campaign allowance to a member for the leave accrued but not taken on that deployment. Clause 6 amends the example which uses different rates of the allowance. There is now only one rate of international campaign allowance, consequential upon clauses 4 and 5 of this Determination.

Clause 7 substitutes items 3 and 4 of the table in Annex 17.9.A of the Principal Determination, which lists the areas eligible for deployment allowance.Deployment allowance compensates members for the hazard, stress and environmental factors that they are likely to experience on a warlike or non-warlike deployment.The clause removes two areas where operations have ceased – the Solomon Islands and East Timor. It also inserts two new areas for which deployment allowance is payable–Maritime operations including counter piracy in the specified areaandSupporting operations in the Gulf States.

Clause 8varies Annex 17.9.B of the Principal Determination. It formerly provided the boundaries of OPERATION SLIPPER for the purpose of administering payment of international campaign allowance.It now provides the boundaries of OPERATION MANITOU, inserted by clause 7 of this Determination.

Clause 9 omits Annex 17.9.C of the Principal Determination, which provides the boundaries of ADF participation in US-led coalition operations in Iraq. The operation was implemented to assist with the rehabilitation of Iraq and to remove the threat posed to world security by Iraq's weapons of mass destruction capability. Clause 9 removes the annex as this operation will cease on 1 July 2014.

Clause 10 is a transitional provision.Clause 5 of this Determination removes all but one rate of international campaign allowance, with effect from 1 July 2014. This may affect members deployed immediately before and after 1 July 2014, if their period of deployment includes duty in an area for which the rates of allowance have been removed by clause 5 of this Determination. The transitional clause enables members who received more than one rate of international campaign allowance during a period of deployment to receive the higher allowance rate for leave accrued during that period of service. This is what they would have expected to receive, based on the previous rule in clause 17.9.27 of the Principal Determination.

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 2014/23, Overseas operations – 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 has the following four purposes.

  • To reduce the area of OPERATION SLIPPER to Afghanistan, for which international campaign allowance is payable.
  • To define the boundaries of two new non-warlike operations for the purpose of setting eligibility of deployment allowance.
  • To remove two areas eligible for international campaign allowance for which operations will cease.
  • To remove Iraq as a specified area for which international campaign allowance is payable.

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 boundaries of these areas must be clearly defined so that allowances, designed to compensate members for adverse conditions, can be properly administered. 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.

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