Defence Determination 2015/13, Victoria Cross for representational duties – amendment

I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 27 March2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group

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Citation
1. / This Determination is Defence Determination 2015/13, Victoria Cross for representational duties – amendment.
2. / This Determination may also be cited as Defence Determination 2015/13.
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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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Clause 4.6A.2 (Member this Part applies to)
substitute
4.6A.2Persons this Part applies to
This Part applies to any of the following persons.
a. / A member who has been awarded the Victoria Cross for Australia.
See: Chapter 3 Part 7, Victoria Cross for Australia medal
b. / A member who has been approved to perform escort duties for a Victoria Cross for Australia holder.
c. / The family of a member posthumously awarded the Victoria Cross for Australia.
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Clause 4.6A.2 (Member this Part applies to)
after clause 4.6A.2, insert
4.6A.2ANominated family of member posthumously awarded
Commonwealth assistance may be provided tothe family of a member posthumously awarded the Victoria Cross for Australia, to attend representational activities. All the following limits apply.
a. / The CDF must decide that it is reasonablein the circumstances for family to represent the Victoria Cross recipient, having regard to the advice of the relevant Service Chief.
b. / TheVictoria Cross recipient's family may nominate a maximum of two family members to attend an activity.
Note: Different family members may be nominated for separate occasions.
c. / Benefits may only be provided up to five years from the dateof investiture of the Victoria Cross for Australia.
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Subclause 4.6A.3.1 (Expenses related to representational duties)
before subclause 4.6A.3.1, insert
1A. / For the purposes of this clause the term member also applies to a family member of a posthumously awarded Victoria Cross recipient, who has been nominated under clause 4.6A.2A.
See: Clause 4.6A.2A, Nominated family of member posthumously awarded
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Paragraph 4.6A.4.2.b (Business class travel)
at the end of paragraph 4.6A.4.2.b, insert
c. / The family of a member posthumously awarded the Victoria Cross for Australia, nominated under clause 4.6A.2A.
See: Clause 4.6A.2A, Nominated family of member posthumously awarded
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Subclause 4.6A.4.2.b (Business class travel), see

substitute
See:
Clause 4.6A.2A, Nominated family of member posthumously awarded
Chapter 9 Part 3 Division 9, Travel for representational purposes
Chapter 13 Part 2 Division 3, Accompanied travel

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Paragraph 4.6A.5.b (Travel allowance)

at the end of paragraph 4.6A.5.b, insert
c. / Up to two nominated family members of a member posthumously awarded the Victoria Cross for Australia.
See:
Clause 4.6A.2A, Nominated family of member posthumously awarded
Chapter 13 Part 2, Overseas travel entitlements

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Clause 4.6A.5 (Travel allowance), see

substitute
See:
Clause 4.6A.2A, Nominated family of member posthumously awarded
Chapter 9 Part 5 Annex 9.5.A Part 1, Amounts for accommodation, meals and incidentals for travelling allowance and travel card
Chapter 13 Part 2, Overseas travel entitlements
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 and 12.

EXPLANATORY STATEMENT

Defence Determination 2015/13

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 4 of the Principal Determination sets out provisions dealing with allowances and reimbursements for members of the Australian Defence Force (ADF).

The purpose of this Determination is to provide travel at Commonwealth expense for family of a member posthumously awarded the Victoria Cross for Australia to attend representational activities.

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 clause 4.6A.2 of the Principal Determination, which provided which members Chapter 4 Part 6A applies to. The Part no longer applies only to members, consequential upon this Determination, which inserts provisions for family of a member posthumously awarded the Victoria Cross for Australia. Clause4 amends clause 4.6A.2 to include these people.

Clause 5 inserts clause 4.6A.2A into the Principal Determination, which provides that up to two family members of posthumously awarded Victoria Cross recipients may be nominated to represent the recipient at associated activities at Commonwealth expense.The new clause is conditional upon the exercise of a CDF discretionthat is necessary that the member be represented by family at the activity. It also sets a five year limit from the date of investiture, for which the benefits may be provided.

Clause 6 inserts subclause 4.6A.3.1Ainto the Principal Determination. Clause 4.6A.3 lists the reimbursable expenses relating to clothing and childcare for a member and their dependants' attendance at Victoria Cross for Australia representational activities. The new subclause provides that for the purposes of the clause the term 'member' also applies to nominated family of a posthumously awarded Victoria Cross recipient. This is because nominated family members are eligible for all the same benefits as a member.

Clause 7 amends clause 4.6A.4 of the Principal Determination which provides business class travel at Commonwealth expense for a member and their dependants or escort to attend Victoria Cross for Australia representational activities. Clause 7 inserts a new subclause that provides business class travelat Commonwealth expense for up to two nominated family members of a member posthumously awarded the Victoria Cross for Australia to attend representational activities.

Clause 8 substitutes the cross reference for subclause 4.6A.4.2.b of the Principal Determination, which provides that a member's dependants may travel business class when eligible to attend Victoria Cross for Australiarepresentational activities. Clause 8 adds a cross reference to clause 4.6A.2A of the Principal Determination, which makes clear that nominated family of a member posthumously awarded the Victoria Cross for Australia may receive Commonwealth assistance when attending representational activities. These family members are also entitled to travel business class, consequential upon clause 7 of this Determination.

Clause 9 amends clause 4.6A.5 of the Principal Determination, which provides the meals and accommodation limits for a member and their dependants or escort when attending Victoria Cross for Australia representational activities. Clause 9 provides that the same benefits are available for up to two nominated family members of a member posthumously awarded the Victoria Cross for Australia whoare approved to attend representational activities.

Clause 10 substitutes the cross reference for clause 4.6A.5 of the Principal Determination, which provides that a member's dependants or escort may be paid travel costs when eligible to attend Victoria Cross for Australia representational activities. Clause 10 adds a cross reference to clause 4.6A.2A of the Principal Determination, which makes clear that nominated family of a member posthumously awarded the Victoria Cross for Australia may receive Commonwealth assistance when attending representational activities. These family members are also entitled to travel costs, consequential upon clause 9 of this Determination.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review by means of 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 2015/13, Victoria Cross for representational duties – 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 provides travel at Commonwealth expense for family of a member posthumously awarded the Victoria Cross for Australia to attend representational activities.

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:Family of members posthumously awarded the Victoria Cross for Australiamay be requested to travel to attend representational activities in place of the member. Such travel may involve considerable financial expense.

Reasonable, necessary and proportionate:Sometimes Defence requests family members of a member posthumously awarded the Victoria Cross for Australia,to represent them at certain events. The underlying principle is that these family members should be able to meet reasonable travel costs on the basis that they should neither gain nor lose financially when requested to travel.

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