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Defence Determination 2015/16, Operation mazurka deployment allowance – amendment


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Defence Determination 2015/16, Operation MAZURKA deployment allowance – amendment


I, BRENDAN PETER STEVENS, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 10 April 2015

B P STEVENS

Acting Director General


People Policy and Employment Conditions

Defence People Group



PAGE INTENTIONALLY LEFT BLANK
1
Citation

1.

This Determination is Defence Determination 2015/16, Operation MAZURKA deployment allowance – amendment.

2.

This Determination may also be cited as Defence Determination 2015/16.
2
Commencement




This Determination commences on the date of signature.
3
Amendment




Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
4
Clause 17.9.6 (Rate of allowance), table item 3




omit




81.72




insert




127.45
5
Transitional – rate of allowance

1.

This clause applies to a member deployed on Operation MAZURKA between 9 December 2014 and the commencement of this Determination.

2.

The member is entitled to a payment equal to the sum of the amounts worked out under both paragraphs a and b.




a.

For the period 9 December 2014 to 31 December 2014, the amount is the difference between the following amounts.




i.

The number of days the member was entitled to deployment allowance multiplied by $104.84.




ii.

The amount of deployment allowance the member has already received for that period.




b.

For the period 1 January 2015 to the commencement of this Determination, the amount is the difference between the following amounts.




i.

The number of days the member was entitled to deployment allowance multiplied by $127.45.




ii.

The amount of deployment allowance the member has already received for that period.



6
Transitional – leave

1.

This clause applies to a member who was performing duty on Operation MAZURKA and in receipt of deployment allowance immediately before 1 January 2015.

2.

At the end of the member's deployment, the member may be paid an additional amount of deployment allowance, using the following calculation.

Table 1

    Step

    Action

    1.

Work out how many days leave the member took while deployed before 1 January 2015.

    2.

Work out if any of these days were in advance of the leave being accrued by the member during their deployment.

    3.

Work out how many unused leave days the member had accrued at 1 January 2015.

    4.

Subtract the result of Step 2 from Step 3.

If there is a positive result from this step go to Table 2.

If there is a negative result from this step go to Table 3.



Table 2 – Positive result

    Step

    Action

    1.

Multiply the result from Table 1 Step 4 with the rate of deployment allowance payable for the day on which the leave was accrued.

    2.

The result of Step 1 is payable to the member at the end of the member's deployment.


Table 3 – Negative result

    Step

    Action

    1.

Work out how many leave days the member accrued before the end of their deployment.

    2.

Subtract the result of Table 1 Step 4 from the result of Step 1.

For a positive result from this step no further action is to be taken.

For a negative result from this step see Step 3.


    3.

Multiply the negative result from Step 2 with the rate of deployment allowance payable for the day on which the leave was accrued.

    4.

The result of Step 3 is to be deducted from the final amount of deployment allowance payable to the member at the end of their deployment.


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 and 15.



EXPLANATORY STATEMENT

Defence Determination 2015/16


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 17 of the Principal Determination sets out provisions dealing with warlike and non-warlike deployments for members of the Australian Defence Force (ADF).

This Determination has two purposes.


  • To increase the daily deployment allowance rate for members deployed on Operation MAZURKA.

  • To provide transitional provisions for the payment of deployment allowance to members due to a rate increase.

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 amends table item 3 of subclause 17.9.6.1 of the Principal Determination, which provides the daily rate of deployment allowance payable to members deployed on Operation MAZURKA. On 9 December 2014 a threat assessment resulted in the decision to increase the rate from $81.72 to $104.84. A rebase of the deployment matrix effective 1 January 2015 increased it further to $127.45. Clause 4 increases the rate accordingly.

Clause 5 provides a transitional payment for members deployed on Operation MAZURKA between 9 December 2014 and the commencement of this Determination. On 9 December 2014 a threat assessment resulted in the decision to increase the rate from $81.72 to $104.84. A rebase of the deployment matrix, effective 1 January 2015, increased it further to $127.45. Eligible members are to be paid the increased rate of deployment allowance less any deployment allowance already received.

Clause 6 provides a transitional provision for members who were performing duty on Operation MAZURKA and in receipt of deployment allowance before 1 January 2015. At the end of a member's deployment they may have unused leave credits that were accrued before 1 January 2015. This transitional provision allows for the payment of deployment allowance for a member's unused leave credits.

Some members deployed prior to 1 January 2015 when the revised deployment allowance provisions commenced, remained on deployment having taken leave credit accrued under the old rules. The transitional provision made by clause 6 of this Determination provides a calculation table that helps ensure the members move into the new system during their deployment without detriment, with any adjustments made at the end of their deployment. This was how the system previously administered leave for the deployment. It ensures no detriment to members who remain on deployment for the current rotation, having started under the previous arrangements.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an 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 2015/16, Operation MAZURKA deployment 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 has two purposes.



  • To increase the daily deployment allowance rate for members deployed on Operation MAZURKA.

  • To provide a transitional provision for the payment of deployment allowance to members due to a rate increase.

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: Defence members may be required to perform duty in overseas locations which are areas of military conflict. Defence members who are deployed to some overseas locations will experience adverse conditions during service. These members are compensated for conditions that can include but are not limited to hazard, stress, climate, health care facilities, infrastructure and isolation.

Reasonable, necessary and proportionate: Defence requires its members to perform duty in these locations and therefore provides additional benefits, beyond the normal overseas conditions of service. Deployment allowance help financially to compensate members for the conditions they encounter while on deployment.

This Determination provides a transitional provision for members who were deployed on Operation MAZURKA between 9 December 2014 and the commencement of this Determination. Eligible members are to be paid deployment allowance at the relevant rate for each day they performed duty in the operational area.

On 1 January 2015, Defence Determination 2014/54, Deployment allowance and international campaign allowance – amendment, commenced. This Determination removed the provision for the payment of deployment allowance for leave accrued during a member's deployment. The Determination also omitted the provisions for the payment of international campaign allowance, which also provided for the payment of the allowance for leave accrued.

Clause 6 of this Determination provides a transitional provision for members who were in receipt of deployment allowance before 1 January 2015. At the end of a member's deployment they may have unused leave credits that were accrued before 1 January 2015. This transitional provision allows for the payment of deployment allowance for a member's unused leave credits.

Some members deployed prior to the change made by Defence Determination 2014/54 remained on deployment, having taken leave credit accrued under the old rules. Clause 6 of this Determination provides a calculation table that helps ensure the members move into the new system during their deployment without detriment, with any adjustments made at the end, which was how the system previously dealt with this issue.

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.



Brendan Peter Stevens, Acting Director General People Policy and Employment Condition

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