Defence Determination 2013/23, Cadet forces allowance – amendment

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated17May 2013
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 2013/23, Cadet forces allowance – amendment.
2. / This Determination may also be cited as Defence Determination 2013/23.
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Commencement
This Determination commences onthe 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.
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Paragraph 4.8.28A.b (Purpose)
substitute
b. / In acknowledgement of the partnership mentioned in paragraph a., to provide officers and instructor of cadets with an honorarium for their training, instruction and administration of cadets.
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Clause 4.8.30 (Period and rate of payment), Note
substitute
Note:
1.An Officer or Instructor may be assigned a rank in accordance with relevant regulations.
2. The benefit in this clause is an honorarium. It is made available after pre-approved Cadet activity is attended, and is subject to the Officer or Instructor meeting the time limit calculated under clause 4.8.29A.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2013/1 and amendments made by Defence Determinations
2013/1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22.

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EXPLANATORY STATEMENT

Defence Determination 2013/23

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter4 of the Principal Determination sets out provisions dealing with cadet forces allowance for members of the Australian Defence Force (ADF).

The purpose of this Determination is to more clearly describe the nature of the benefit provided to assist Officers and Instructors of Cadets.

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 substitutes paragraph b. of the purpose statement in clause 4.8.28A of the Principal Determination. The amendment makes clear that the payment under this Division of the Principal Determination is made as an honorarium. While this statement has previously been made in explanatory statements relating to cadet forces allowance, it is considered that moving this statement into the text of the Determination will assist readers in understanding the voluntary basis on which Officers and Instructors of Cadets serve.

Clause 5 substitutes the administrative note to subclause 4.8.30.1 of thePrincipal Determination. The expanded note broadly notes that an Officer or Instructor of Cadets may be assigned a rank in accordance with regulations, as is currently the case. However, it adds further explanation to remind users that the table dealing with amounts of allowance relates to an honorarium, and is subject to the time limits on claims recently inserted by Defence Determination 2013/22, which also dealt with amendments to the cadet forces allowance. This ensures that Officers and Instructors are able to clearly see that the amounts that may be paid are subject to time limits, so that, if they are claimed, the amounts are claimed quickly after the expense of an activity is incurred. A large percentage of Officers and Instructors choose not to make claims. This change makes clearer that a failure to claim does not permit a large amount of unpaid benefit to accrue to a person's credit.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be the subject of a complaint 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 2013/23, Cadet Forces 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 makes amendments to Defence Determination 2005/15, Conditions of Service, which makes clearer that cadet forces allowance is an honorary payment, subject to certain limits.

Human rights implications

Children's freedom of peaceful assembly

This determination engages with article 15 of theInternational Covenant on the Rights of the Child. This article recognises the rights of the child to freedom of expression and peaceful assembly.

As a youth development organisation, the Australian Cadet Forces bring together people who provide activities in which children and young adults can participate and develop a sense of and appreciation for their community. Cadet forces allowance is a partial payment made as an honorarium, to assist Officers and Instructors of cadets in those activities. It is not claimed for all activity and is not claimed regularly or at all by significant numbers of Officers and Instructors. This Determination provides further information about the procedural incentive to ensure that claims are proximate to the activity they assist with, and makes very clear that the payment is an honorarium for activities that are voluntarily performed by Officers and Instructors of Cadets. Giving clearer information about the nature of benefits provided for these Officers and Instructors is helpful to ensure transparency and manage expectations of individuals.

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