Defence Determination 2015/24, Approved summer schools, overseas club membership and operational area– amendment

I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 5 June2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1
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Citation
1. / This Determination is Defence Determination 2015/24, Approved summer schools, overseas club membership and operational area– amendment.
2. / This Determination may also be cited as Defence Determination 2015/24.
2
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Commencement
This Determination commences on 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.
4.
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Annex 15.6.B (Approved summer schools), table item 5
after the entry for BambinoInternationalSchool, insert
JakartaInternationalSchool, Jakarta
5
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Clause 15.7.5 (List of approved clubs), table
after the entry for Israel, insert
Jordan / Fitness First Club
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Clause 15.7.5 (List of approved clubs), table
after the entry for Solomon Islands, insert
Sri Lanka / Fitness First, Colombo 7
7
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Clause 17.9.6 (Rate of allowance), table item 2aspecified area
omit
12 degrees south
insert
11 degrees south
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2015/1 and amendments made by Defence Determinations
2015/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,and 23.

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EXPLANATORY STATEMENT

Defence Determination 2015/24

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 Determination.

  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the Australian Defence Force (ADF).
  • Chapter 17 sets out provisions dealing with warlike and non-warlike deployments for members of the ADF.

This Determination makestechnical amendmentsto Defence Determination 2005/15, Conditions of Service. This Determination has three purposes:

  • It reinstates JakartaInternationalSchool as an approved summer school.
  • It provides two new approved club locations for members and their families on long-term postings overseas.
  • It adjusts the operational area for Operation MANITOU.

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 reinstates JakartaInternationalSchool as an approved summer school. Clause 15.6.16 of the Principal Determination outlines a member's entitlement to be reimbursed the cost of their dependant attending an approved summer school at an overseas posting location. JakartaInternationalSchoolwas removed by Defence Determination 2014/25 as an approved summer school due to ongoing investigations into allegations of child sexual abuseat the school. After a lengthy investigation the facilities are now considered safe and secure and all court cases are now complete.

Clauses 5 and 6add two new locations to the list of approved clubs that are available to members on a long-term overseas posting (clause 15.7.5 of the Principal Determination). The first club is in Jordan and the second club is in Sri Lanka. Both clubs provide fitness and recreational facilities to members posted to the overseas posting location and their families.

Clause 7 amends (table item 2a) ofclause 17.9.6 of the Principal Determination. The table outlines the rate of allowance payable for each operation and operational areas. Table item 2a is amended by this clause. The amendment adjusts the operational area for Operation Manitou.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be investigated by the Defence Force Ombudsman. If the complaint does not relate to a benefit payable to the member or their dependant, it may be made to the Commonwealth 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 2015/24, Approved summer schools, overseas club membership and operational area – 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 makestechnical amendmentsto Defence Determination 2005/15, Conditions of Service. This Determination has three purposes:

  • It reinstates JakartaInternationalSchool as an approved summer school.
  • It provides two new approved club locations for members and their families on long-term postings overseas.
  • It adjusts the operational area for Operation MANITOU.

Human rights implications

Summer schools

Right to physical and mental health

The summer school provision in this Determination advances the right under Article 13 of the

International Covenant on Economic, Social and Cultural Rights which recognises the right of everyone to

education.

Legitimate objective: Defence provides a range of benefits to members posted overseas to assist them and their familiesto not suffer a disadvantage because of the requirement to live and work overseas.

Reasonable, necessary and proportionate: Summer schools are available to help members and their families to maintain a level of education that is asclose as possible to an equivalent Australian standard. This Determination amends the summer schoolslisted for Indonesia to include JakartaInternationalSchool.

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. The approvedclubs assist the member and their family to better maintain their health and wellbeing whilst living overseas.

Operation MANITOU

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 areareas of military conflict. Defence members who are deployed to some overseas locations will experienceadverse conditions during service. These members are compensated for conditions that can include butare not limited to hazard, stress, climate, health care facilities, infrastructure and isolation.

Reasonable, necessary and proportionate: Defence requires its members to perform duty in theselocations and therefore provides additional benefits, beyond the normal overseas conditions of service. The Australian Defence Force provides some of the best training, facilities and equipment in the world to fully prepare its members for overseas service. In addition to this, Defence provides deployment allowance to financially compensate members for the conditions they encounter whilst on deployment.

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