Defence Determination 2017/9, Assisted Leave Travel Amendment

Defence Determination 2017/9, Assisted leave travel – amendment

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 14 March 2017
L A ARNOLD
Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2017/9, Assisted leave travel – amendment.
2. / This Determination may also be cited as Defence Determination 2017/9.

2 Commencement

1. / Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 / Column 2 / Column 3
Provisions / Commencement / Date/Details
1. The whole of this instrument / 6 April 2017
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. / Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 58B of the Defence Act 1903.

4 Amendment

Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination.

5 Subsection 16.4.5.1 (Assisted leave travel)

Repeal the subsection, substitute:
1. / An eligible member may be reimbursed or have the Commonwealth directly pay the lesser of these amounts.
a. / The cost of return travel by the member and their dependants.
b. / The allowable travel cost for return air travel by the member and their dependants to a leave centre.
Exception: The member and their dependants travel by private vehicle.
See: Section 16.4.15, Travel by private vehicle

6 Subsection 16.4.12.4 (Proof of travel)

Repeal the subsection.

7 Section 16.4.12 (Proof of travel)

After the section, insert:

16.4.12ARecovery of travel costs

The member must repay to the Commonwealth the full amount of assistance provided under this Division, if either of the following applies.
a. / Travel for which the Commonwealth has paid for does not occur.
b. / The member does not provide the proof of travel required under section 16.4.12.
See: Section 16.4.12, Proof of travel
NOTE
1. / Defence Determination 2016/19 as amended to date. For previous amendments see Note to Defence Determination 2017/1 and amendments made by Defence Determination 2017/1, 2, 3, 4, 5, 6, 7 and 8.

EXPLANATORY STATEMENT

Defence Determination 2017/9

This Determination amends Defence Determination 2016/19, 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 legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

Chapter 16 of the Principal Determination sets out provisions dealing with overseas hardship location conditions of service for members of the Australian Defence Force (ADF).

The purpose of this Determination is to enable the Commonwealth to directly pay for assisted leave travel rather than only reimburse a member for their travel costs.Assisted leave travel is provided to members living in hardship locations overseas. It allows them to travel to a regional centre to access services and items not available at the hardship location as well as obtain relief from the environment. Formerly the member could only be reimbursed their travel costs.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 of this Determination provides that the Determination commences on 6 April 2017.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 specifies that the amendment is made to the Principal Determination, as amended.

Section5substitutes subsection 16.4.5 of the Principal Determination, which provides the amount of assisted leave travel available to a member. Assisted leave travel is provided to members living in hardship locations overseas. It allows them to travel to a regional centre to access services and items not available at the hardship location as well as obtain relief from the environment. Formerly the member could only be reimbursed their travel costs. This created a financial burden for some members who had to produce as much as $20,000 up front. Section 5 provides that the travel costs may also be directly paid by the Commonwealth.

Section 6 repeals subsection 16.4.12.4 of the Principal Determination, which provided that if written proof of travel is not provided for assisted leave travel that the Commonwealth paid for in advance, the member must repay the full amount. Section 16.4.12 has provision relating to proof of travel and the provision for repayment is not suited to the section. Section 7 of this Determination places the repayment provision in its own section.

Section 7 inserts section 16.4.12A into the Principal Determination. It provides that a member must repay the full amount of assisted leave travel to the Commonwealth in the following circumstances:

The travel does not occur. To satisfy the Public Governance, Performanceand Accountability Act 2013 a debt recovery provision is necessary consequential upon Section 5 of this Determination, which provides that the Commonwealth can directly pay for the member's assisted leave travel in advance of the travel.
The proof of travel required under section 16.4.12 of the Principal Determination is not provided. This provision was repealed from section 16.4.12 consequential upon section 6 of this Determination.

Consultation

Navy, Army, Air Force and Defence International Policy Division were consulted in the preparation of this Determination. The rulemaker was satisfied that external consultation was not required. The instrument makes a minor adjustment to the level of assistance provided to members of the Australian Defence Force.

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 2017/9, Assisted leave travel – 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

Human rights implications

Right to an adequate standard of living

The protection of a person's right to an adequate standard of living engages Article 1 of the InternationalCovenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to anadequate standard of living for them and their family, including adequate food, clothing and housing, andto the continuous improvement of living conditions.

This Determination does not limit the right to an adequate standard of living. It provides additional benefitto members who are required to perform their duties at an overseas posting location.

ADF members who are posted to some overseas locations may experience adverse living conditionsduring service. This could cause significant adverse effect on the lifestyle or welfare of members and theirdependants, as a result of the living conditions at the posting location, as compared with those inAustralia. Those hardship conditions can include but are not limited to climate, health care facilities,infrastructure and isolation. Hardship may be addressed by ensuring dependants are not sent toparticularly difficult locations.

Defence assists a member posted to hardship locations to travelto obtain a break from the environment or to access adequate health and shopping. In the past this assistance could only be reimbursed to the member. This Determination enables the Commonwealth to directly pay the travel costs on behalf of the member.

Conclusion

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

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions