Defence Determination 2015/15, Operation AUGURY deployment allowance– amendment
I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.Dated 31 March2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group
PAGE INTENTIONALLY LEFT BLANK
1
/Citation
1. / This Determination is Defence Determination 2015/15, Operation AUGURY deployment allowance – amendment.2. / This Determination may also be cited as Defence Determination 2015/15.
2
/Commencement
This Determination commenceson 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
/Clause 17.9.6 (Rate of allowance), table
after table item 9, insert10. / AUGURY / Jordan / 81.72
5
/Transitional – rate of allowance
1. / This clause applies to members deployed on the ADF operation supporting the ADF's understanding of Islamist terrorist threats to Australia and the region,and performing duty in Jordan for any period between 4 July 2014 and the commencement of this Determination.2. / The member is eligible for payment of deployment allowance at the relevant rate in the following table for each day of duty in the specified area during the period described in subclause 1.
Item / From... / to... / the daily rate is...
1. / 4 July 2014 / 5 November 2014 / AUD 80.51.
2. / 6 November 2014 / the commencement of this Determination / AUD 81.72.
6
/Transitional – leave
1. / This clause applies to a member who was performing duty on Operation AUGURY and in receipt of deployment allowance immediately before 1January 2015.2. / At the end of the member's deployment, the member may be paid an additional amount of deployment allowance, using the following calculation.
Table 1
Step / Action1. / Work out how many days leave the member took while deployed before 1 January 2015.
2. / Work out if any of these days were in advance of the leave being accrued by the member during their deployment.
3. / Work out how many unused leave days the member had accrued at 1January2015.
4. / Subtract the result of Step 2 from Step 3.
If there is a positive result from this step go to Table 2.
If there is a negative result from this step go to Table 3.
Table 2 – Positive result
Step / Action1. / Multiply the result from Table 1 Step 4 with the rate of deployment allowance payable when the leave was accrued.
2. / The result of Step 1 is payable to the member at the end of the member's deployment.
Table 3 – Negative result
Step / Action1. / Work out how many leave days the member accrued before the end of their deployment.
2. / Subtract the result of Table 1 Step 4 from the result of Step 1.
For a positive result from this step no further action is to be taken.
For a negative result from this step see Step 3.
3. / Multiply the negative result from Step 2 with the rate of deployment allowance payable when the leave was accrued.
4. / The result of Step 3 is to be deducted from the final amount of deployment allowance payable to the member at the end of their deployment.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Noteto Defence Determination 2015/1 and amendments made by Defence Determinations2015/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
1
EXPLANATORY STATEMENT
Defence Determination 2015/15
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 warlike and non-warlike deployments 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 supporting ADF's understanding of Islamist terrorist threats to Australia and the region.
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 table in clause 17.9.6 in the schedule to the Principal Determination, to include a new deployment and operational area for the ADF operationsupporting the ADF's understanding of Islamist terrorist threats to Australia and the regionfor the purpose of the payment of deployment allowance.
Clause 5 providesa transitional payment for members who were deployed as part of one ofthe ADF operationsupporting the ADF's understanding of Islamist terrorist threats to Australia and the regionbetween 4 July 2014 and the commencement of this Determination. Eligible members are to be paid deployment allowance for each day they performed duty in the operational area.
Clause 6 provides a transitional provision for members who were performing duty on Operation AUGURY andin receipt of deployment allowance before 1 January 2015. At the end of a member's deployment theymay have unused leave credits that were accrued before 1January2015. This transitional provision allows for the payment of deployment allowance for a member's unused leave credits.
Some members deployed prior to 1 January 2015 when the revised deployment allowance provisions commenced, remained on deployment having taken leave credit accrued under the old rules. The transitional provision made by clause 6 of this Determination provides a calculation table that helps ensure the members move into the new system during their deployment without detriment, with any adjustments made at the end of their deployment. This was how the system previously administered leave for the deployment. It ensures no detriment to members who remain on deployment for the current rotation, having started under the previous arrangements.
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 2015/15, Operation AUGURY 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
This Determination amends Defence Determination 2005/15, Conditions of Service.
The purpose of this Determination is to extend deployment allowance to members serving on the ADF operation supporting the ADF's understanding of Islamist terrorist threats to Australia and the region.
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 which are areas of military conflict. Defence members who are 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. Deployment allowance is a disability allowance that helps to financially compensate members for the conditions they encounter while on deployment.
This Determination provides a transitional provision for members who were deployed on Operation AUGURY between 4 July 2014 and the commencement of this Determination. Eligible members are to be paid deployment allowance at the relevant rate for each day they performed duty in the operational area.
On 1 January 2015, Defence Determination 2014/54, Deployment allowance and international campaign allowance – amendment, commenced. This Determination removed the provision for the payment of deployment allowance for leave accrued during a member's deployment. The Determination also omitted the provisions for the payment of international campaign allowance, which also provided for the payment of the allowance for leave accrued.
Clause 6 of this Determination provides a transitional provision for members who were in receipt of deployment allowance before 1 January 2015. At the end of a member's deployment theymay have unused leave credits that were accrued before 1 January 2015. This transitional provision allows for the payment of deployment allowance for a member's unused leave credits.
Some members deployed prior to the change made by Defence Determination 2014/54 remained on deployment, having taken leave credit accrued under the old rules. Clause 6 of this Determination provides a calculation table that helps ensure the members move into the new system during their deployment without detriment, with any adjustments made at the end, which was how the system previously dealt with this issue.
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.
John William Geering, Director General People Policy and Employment Conditions