Defence Determination 2014/38, Salary Non-Reduction and Accountable Authority Instructions

Defence Determination 2014/38, Salary non-reduction and Accountable Authority Instructions – amendment

I, PETER JOHN REDSTON, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 31 July 2014
P J REDSTON
Acting Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2014/38, Salary non-reduction and Accountable Authority Instructions – amendment.
2. / This Determination may also be cited as Defence Determination 2014/38.

2 Commencement

This Determination commences on the date of signature.

3 Amendment

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

4 Annex 3.2.A (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1

substitute
the Annex set out in the Schedule

5 Subclause 7.3.12.2 (Responsibility for living-in accommodation), Authority

omit
Authority: Part 5 of the Chief Executive Instructions, Debt management
insert
Authority:Accountable Authority Instructions Chapter 9, Managing debt

6 Subclause 7.3.12.2 (Responsibility for living-in accommodation), Note

omit
Note: Part 5 of the Chief Executive Instructions
insert
Note:Accountable Authority Instructions Chapter 9, Managing debt,

7 Paragraph 7.3.31.2.c (Failure to make contributions)

omit
Chief Executive Instructions
insert
Accountable Authority Instructions

8 Paragraph 7.3.31.2.c (Failure to make contributions), See

omit
See:Chief Executive Instructions, Part 5
insert
See:Accountable Authority Instructions Chapter 9, Managing debt

9

Subclause 7.6.43.3(Method of repayment)

omit, twice occurring
Chief Executive Instruction 5.1, Debt Management
insert
Accountable Authority Instructions Chapter 9, Managing debt

Paragraph 9.1.3.AA.5 (Lowest practical fare), Related information

omit
Related information: Department of Finance and Deregulation Finance Circular No. 2012/04, Use of the Lowest Practical Fare for Official Domestic Air Travel.
insert
Related information: Department of Finance Resource Management Guide No. 404, Official Domestic Air Travel – Use of the Lowest Practical Fare.

Paragraph9.1.10.2.a (Travel costs not otherwise payable under this Chapter)

omit
Chief Executive Instructions
insert
Accountable Authority Instructions

Subclause 14.2.6C.5 (Outlay advance – recovery), Authority

omit
Authority: Part 5 of the Chief Executive Instructions, Debt management
insert
Authority: Accountable Authority Instructions Chapter 9, Managing debt

Subclause 15.3.29.2 (Waiver of contribution)

omit
Chief Executive's Instructions
insert
Accountable Authority Instructions
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 and 36.

Schedule

Annex 3.2.A: Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

Part 1: Members with the rank of Warrant Officer Class 1

Item / Column 1
Relevant pay grade, employment category and conditions (if any) / Column 2
Salary non-reduction begins on... / Column 3
and ends on...
ARMY
Pay grade 2
1. / Operator Catering Manager Grade 1 / 1 July 2014 / 30 June 2019.
Pay grade 3
2. / Operator Catering Manager Grade 2 / 1 July 2014 / 30 June 2019.
AIR FORCE
Pay grade 3
3. / Security Police Grade 1 – Military Working Dog Handler on 3July2013 / 4 July 2013 / 3 July 2016.
4. / Security Police Grade 1 – Security and Law Enforcement on 3July2013 / 4 July 2013 / 3 July 2016.
Pay grade 4
5. / Security Police Grade 2 – Security and Law Enforcement on 3July2013 / 4 July 2013 / 3 July 2016.
Pay grade 5
6 / Flight Engineer on pay grade5 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
7. / Security Police Grade 3 – Service Investigator on 3July2013 / 4 July 2013 / 3 July 2016.
Item / Column 1
Relevant pay grade, employment category and conditions (if any) / Column 2
Salary non-reduction begins on... / Column 3
and ends on...
Pay grade 6
8. / Flight Engineer on pay grade6 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
9. / Security Police Grade 4 – Service Investigator on
3 July2013 / 4 July 2013 / 3 July 2016.
Pay grade 7
10. / Flight Engineer on pay grade7 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
Pay grade 8
11. / Flight Engineer on pay grade8 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.

EXPLANATORY STATEMENT

Defence Determination 2014/38

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.

This Determination amends the following chapters of the Principal Determinationfor members of the Australian Defence Force (ADF).

Chapter 3 sets out provisions dealing with ADF salaries and allowances.
Chapter7 sets out provisions dealing with housing and meals.
Chapter 9 sets out provisions dealing with ADF travel in Australia.
Chapter 14 sets out provisions dealing with relocating to or from a long-term posting overseas.
Chapter 15 sets out provisions dealing with living and working on long-term posting overseas.

This Determination has the following purposes:

Remove two categories from the extended salary non-reduction provisions.
Make consequential amendments to the Principal Determination which reflect changes made by the new Public Governance, Performance and Accountability Act 2013 and related instruments. The Chief Executive Instructionswerereplaced by the Accountable Authority Instructions,on 1July 2014.

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 Annex 3.2.A of the Principal Determination which provides a table of salary non-reduction categories for members with the rank of Warrant Officer Class 1 or lower. Annex 3.2.A was amended by Defence Determination 2014/29,Salary non-reduction – amendment, it inserted new categories for salary non reduction.Clause 4 of this Determination omits the table entries for Catering Technical Adviser pay grade 4 and Catering Technical Adviser pay grade 5, as they are still required as Army employment categories and do not require non-salary reduction pay. Operator Catering pay grades 1 and 2 will remaineligible for non-reduction provisions in the Annex listing.

Clauses 5 to9 and 11 to 13 amend a number of references in the Principal Determination from the Chief Executive Instructions to the Accountable Authority Instructions. These changes are consequential upon the commencement of the Public Governance, Performance and Accountability Act 2013and related instruments.

Clause 10 amends a reference in paragraph 9.1.3.AA.5 of the Principal Determination from Department of Finance and Deregulation Finance Circular No.2012/04, Use of the Lowest Practical Fare for Official Domestic Air Travel to Department of Finance Resource Management Guide No. 404, Official Domestic Air Travel – Use of the Lowest Practical Fare. The Department of Finance has replaced its Finance Circulars with Resource Management Guides consequential on the Public Governance, Performance and Accountability Act 2013.

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 2014/38, Salary non-reduction and Accountable Authority Instructions – 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 purposes:

Remove two categories from the salary non-reduction provisions.
Make consequential amendments to the Principal Determination which reflect changes made by the new Public Governance, Performance and Accountability Act 2013 and related instruments. The Chief Executive Instructions were replaced by the Accountable Authority Instructions, on1July 2014.

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, particularly remuneration and equal opportunity to be promoted to a higher level.

The salary non-reduction provisions ensure a member's remuneration is protected after a restructure

even though they would not otherwise qualify for that rate of salary. This situation is usually beyond the

member's control.

During a period of non-reduction, members have access to the ADF's comprehensive technical and

professional training programs so their career paths progress in a new direction, minimising any

disadvantage caused to individuals by the new structure.

Army Catering Technical Adviser pay grade 4 and Catering Technical Adviser pay grade 5 categories were added to the table of salary non-reduction categories by Defence Determination 2014/29,Salary non-reduction – amendment. They are still required as Army employment categories.This Determination omits these categories from the tablewhich hasno effect on any member's salary as they continue to be able to work in their employment category. The changes made by this Determination do not engage any of the applicable human rights or freedoms.

The changes made by this Determination in relation to the Accountable Authority Instructionsand theDepartment of Finance Resource Management Guide No. 404, promote financial accountability and sodo not engage any of the applicable rights or freedoms.

Conclusion

This Determination is compatible with human rights because it does not engage any applicable human rights or freedoms.

Peter John Redston,Acting Director General People Policy and Employment Conditions