2. This Determination may also be cited as Defence Determination 2016/4.

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3 1 Citation 1. This Determination is Defence Determination 2016/4, Removals and storage amendment. 2. This Determination may also be cited as Defence Determination 2016/4. 2 Commencement This Determination commences on 1 March Amendment Defence Determination 2005/15, Conditions of Service, as amended, 1 is amended as set out in this Determination. 4 Subclause (Purpose) substitute 2. Compensation under this Part is based on the principle that an item will be repaired unless it is not reasonable and economical to do so. If it is not repaired, the item may be replaced with either a new or like item, depending on the type and age of the item. 5 Clause (Purpose) after clause 6.5.1, insert 6.5.1A Definitions This table defines terms used in this Part. Term new-for-old Meaning in this Part Compensation that replaces a lost or damaged item with one of the following. a. A new item. If an identical replacement is not possible, a new item with features as close as possible to the damaged item will be provided. Example: An eight year old 355 litre single door frost-free refrigerator is damaged beyond repair and is no longer sold in the same model. A new refrigerator with features as close as possible to the damaged one will be provided as a replacement. b. A payment equal to the cost of replacing the lost or damaged item with a new item. 2

4 Term like-for-like Meaning in this Part Compensation that replaces a lost or damaged item with one of the following. a. A used item with similar features, having regard to the lost or damaged item's age, style and condition. b. A payment equal to the cost of replacing the lost or damaged item with a similar used item. owner Owner or legal personal representative of the owner of an item for which a compensation claim is made. 6 Clause (Limit on amount of compensation) omit 7 Clause (General principle repair or replacement of like item) substitute Compensation for lost or damaged items 1. Compensation for loss or damage is paid to the member through the Commonwealth removalist. 2. If a member claims under this Part, then action to compensate must be agreed upon by the owner before it is carried out. 3. A damaged item may be repaired if the Commonwealth removalist decides it is reasonable and economical to do so. 4. If subclause 3 does not apply, compensation for lost or damaged items is either 'new-for-old' or 'like-for-like'. This will depend on the item's type and age specified in the following table. Item If the claim is for... and the date of manufacture is an electrical item with a new replacement value of more than $500 Examples: Television, computer, sound system 2. an electrical item with a new replacement value of $500 or less Examples: Kettle, toaster, blender 3. an electrical whitegood Examples: Refrigerator, washing machine, microwave oven within 10 years of the removal 10 years or more before the within 5 years of the removal 5 years or more before the within 15 years of the removal 15 years or more before the then the item may be treated as... 3

5 Item If the claim is for... and the date of manufacture is a furniture item Examples: Dining table, bookshelf, lounge suite 5. any other item Examples: Picture frame, crockery, bicycle within 10 years of the removal 10 years or more before the within 7 years of the removal 7 years or more before the then the item may be treated as... Example: A television manufactured on 1 January 2010 is 10 years old on 1 January The television will be replaced new-for-old if the in which the item is damaged happens on or before 31 December If a lost or damaged item is one of a pair or collection, then compensation is only paid for the item itself, not the set. Compensation may also be paid if the loss or damage to the item causes any loss of use of the set. Example: If the rest of the set cannot function properly without the lost item, compensation could be paid. 6. The Commonwealth removalist may refuse to provide compensation under this Part for an item the owner has repaired, replaced, disposed of or continues to use or own. Example: The Commonwealth removalist will not replace a damaged item because the owner sold it on Gumtree. 7. If a member or owner sells a lost or damaged item for which compensation has been provided, they must repay the value of the compensation to the Commonwealth. 8 Transitional 1. This clause applies to a member for whom both the following apply. a. Their domestic household furniture and effects were ed from their home or from storage at Commonwealth expense on or before 29 February b. The consignment was in transit on or after 1 March A compensation claim made by the member is subject to provisions set out in Chapter 6 of Defence Determination 2005/15, Conditions of Service, in force immediately before this Determination was signed. NOTE 1. Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2016/1 and amendments made by Defence Determination 2016/1 and 2. 4

6 EXPLANATORY STATEMENT Defence Determination 2016/4 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 6 of the Principal Determination sets out provisions dealing with relocation on posting in Australia for members of the Australian Defence Force (ADF). The purpose of this Determination is to provide members with new-for-old replacement of items that are lost or damaged during removal or storage at Commonwealth expense. 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 1 March Clause 3 specifies that the amendment is made to the Principal Determination, as amended. Clause 4 substitutes subclause of the Principal Determination, which provided that compensation under the Part was based on repairing or replacing a lost or damaged item with a similar used item. An item that meets the age limit for its type may now be replaced with a new item, consequential upon clause 7 of this Determination. Clause 4 amends subclause to reflect this change. Clause 5 inserts clause 6.5.1A into the Principal Determination, which provides a table of definitions for the compensation terms 'new-for-old' and 'like-for-like', introduced by this Determination. Clause 6 omits clause of the Principal Determination, which provided a limit on the amount of compensation a member may receive for each removal where items have been lost or damaged. The clause has been omitted as a limit will no longer apply. Subclause of the Principal Determination, which provided that compensation for loss or damage is paid through the Commonwealth removalist, has been moved to subclause , consequential upon clause 7 of this Determination. Clause 7 substitutes clause of the Principal Determination, which provides the form of compensation that may be made to a member for lost or damaged items removed or stored at Commonwealth expense. Items may either be repaired, replaced or an amount paid directly to the member. Formerly, if an item was to be replaced it had to be replaced with a similar used item. Clause 7 provides that an item that meets the age limit for its type may be replaced with a new item. Clause 7 also inserts a provision that previously existed under subclause of the Principal Determination, omitted by clause 6 of this Determination. It provides that compensation provided by means of section 58B of the Defence Act for loss or damage is paid through the Commonwealth removalist. The compensation is provided under the legislation as there is no contractual relationship between the member and the Commonwealth removalist. Clause 8 is a transitional provision that provides that compensation for a member whose belongings were ed prior to the making of this Determination, but delivered after the effect date, are to be provided under the provisions in force immediately prior to this Determination. This ensures no member is disadvantaged by the change. Authority: Section 58B of the Defence Act 1903

7 Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Defence Determination 2016/4, Removals and storage 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 Overview of the Determination The purpose of this Determination is to provide members with new-for-old replacement of items that are lost or damaged during removal or storage at Commonwealth expense. Human rights implications Right to the liberty of movement and freedom. The protection of a person's right to liberty of movement and freedom to choose his residence engages Article 12 of the International Covenant on Civil and Political Rights. Article 12 guarantees that everyone shall have the right to liberty of movement and freedom to choose their residence. Defence members are required to live in various posting locations throughout Australia and overseas. This could cause a member and their family financial hardship when they are required to relocate during their time in service and when they cease continuous full-time service. Defence pays for the removal and storage of members' furniture and effects when they relocate due to posting. Defence also provides compensation to members if their belongings are damaged or lost during the relocation process. This Determination enhances the compensation benefit by replacing items that are not economical to repair with new items, providing they meet age constraints. Equal rights in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property The protection of a person's right to manage their own property engages paragraph 16.1(h) of the Convention on the Elimination of All Forms of Discrimination Against Women. Paragraph 16.1(h) guarantees that both partners in a relationship have an equal right to manage their property. This Determination respects the right of the actual owner of an item to decide if they agree to a proposed replacement or other compensation action. This is important as it acknowledges that the Commonwealth provision of a removal benefit to assist a family and related compensation, does not derogate from the rights of the owner of the property, who may be a person other than the member. 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