Defence Determination 2015/43, Christmas stand-down and approved overseas club – amendment

I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 19 October2015
J W GEERING
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 2015/43, Christmas stand-down and approved overseas club – amendment.
2. / This Determination may also be cited as Defence Determination 2015/43.
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Commencement
This Determination commences ondate 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.
4.
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Subclause 5.10.2A.1 (Christmas stand-down)
substitute
1. / Members are not required to attend for duty for the period that commences on 24December2015 and ends on 1 January 2016.
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Subclause 15.1.4A.1 (Christmas stand-down), table
substitute
Item / For the Christmas stand-down of... / the stand-down dates are...
1. / 2015-2016 / 24 December 2015.
29 December 2015.
30 December 2015.
31 December 2015.
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Clause 15.7.5 (List of approved clubs), table
omit
Sporium, Ankara
insert
Ankara Sehir Kulubu,Ankara (known as ASK Sports Club)
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, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41and 42.

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EXPLANATORY STATEMENT

Defence Determination 2015/43

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.

Chapter5 of the Principal Determination sets out provisions dealing with leave for members of the Australian Defence Force (ADF).Chapter 15 sets out provisions for members on long-term posting overseas.

The Determination has the following two purposes:

  • To provide the Christmas stand-down dates for 2015-2016.
  • To amend the approved club for AnkaraTurkey.

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 date of signature.

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

Clause 4 substitutes subclause 5.10.2A.1 of the Principal Determination. The subclause sets out the period of Christmas stand-down. Dates for the past 2014-2015 break have been removed. They have been replaced by dates for the 2015-2016 Christmas stand-down period.

Clause 5substitutes the table in subclause 15.1.4A.1 of the Principal Determination. The table sets out Christmas stand-down dates that are to be observed by members who are on a long-term overseas posting. Dates for the past 2014-2015 break have been removed. They have been replaced by the Christmas stand-downdates for 2015-2016.

Clause 6amends the table in clause 15.7.5 of the Principal Determination. This table provides a list of approved clubs in overseas posting locations where other suitable sporting and recreation facilities are not available. Members attending an approved club may be reimbursed club membership fees. The table also acts as a benchmark rate for reimbursement if a member or their dependants choose to use a club not on this list. Clause 6 substitutes 'Sporium, Ankara' with 'Ankara Sehir Kulubu, Ankara (known as ASK Sports Club)'. The new club is in a more convenient location and provides greater security for members.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by thisDetermination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system.A person may make a complaint 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 2015/43, Christmas stand-down and approved overseas club – 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 Determination has the following two purposes:

  • To provide the Christmas stand-down dates for 2015-2016.
  • To amend the approved club for AnkaraTurkey.

Christmas Stand Down

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to leave and holidays 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: The Christmas stand-down is a period of reduced activity across Defence. Typically members will not be required to attend for duty over the stand-down period. The stand-down provision allows members to be paid for leave over this period of time without using their accrued leave credits.

Reasonable, necessary and proportionate: This Determination provides the 2015-2016 Christmas stand-down dates. This is equal to what is offered to Defence Australian Public Service employees and it is beyond Australian community standards of leave and public holidays at Christmas time.

Approved Clubs

Right to physical and mental health:

The protection of a person's right to physical and mental health engages Article 12 of the InternationalCovenant on Economic, Social and Cultural Rights. Article 12 recognises the right to the enjoyment of thehighest attainable standard of physical and mental health.

Legitimate objective: Defence members are posted to perform duty in overseas locations. Members and their families mayhave a reduction in the standard of health facilities available to them in the overseas location. Thepurpose of approved clubs is to assist members and their families to maintain living standards and healthat a posting location.

Reasonable, necessary and proportionate:The benefits provided under this Determination for members and their families posted overseas ensurethey have access to health, exercise and social interactions at safe and hygienic facilities of a comparable quality to what is available in Australia. The approvedclubs assist the member and their family to better maintain their health and wellbeing whilst living overseas and sets the benchmark for reimbursement of membership fees if non-approved clubs are used.

Conclusion

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

John William Geering, Director General People Policy and Employment Conditions