Instrument of Authorisation 2011/9
Determinations under section 58B and 58H of the
Defence Act 1903
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I, DAVID JOHN HURLEY, Chief of the Defence
Force, hereby: 1. revoke all previous Instruments of
Authorisation made by the Chief of the Defence Force in relation to determinations
under sections 58B and 58H of the Defence
Act 1903; and 2. authorise the persons holding, occupying, or performing the
duties of the following offices to exercise for and on my behalf all my
powers in relation to determinations under sections 58B and 58H specified in
the Schedule to this Instrument, except for my powers under subclause
4.6A.4.2, clause 7.2.11, clause 7.5.40A, clause 9.3.63 and clause
13.2.10 of Defence Determination 2005/15, Conditions of Service: (a) Vice Chief of the Defence Force; (b) Chief of Navy; (c) Chief of Army; (d) Chief of Air Force; (e) Deputy Chief of Navy; (f) Deputy Chief of Army; (g) Deputy Chief of Air Force; (h) Head People Capability; and (i) Director General Personnel Policy and Employment
Conditions; and 3. authorise
the persons or class of persons holding, occupying, or performing the duties
of the offices listed in an item in the Schedule to this Instrument to
exercise for and on my behalf the powers specified in the item and described
in the section 58B or 58H determination that is referred to in the item; and 4. authorise
a person who is the decision-maker under regulation 86 or 91 of the Defence Force Regulations 1952 in
relation to a redress of grievance, to exercise these decision-making powers
listed in the Schedule relevant to the redress and necessary to: (a) remake
a decision so as to replace an earlier decision with a decision that is
beneficial to the applicant for redress; or (b) make a
fresh decision in relation to a matter redressed, if the earlier decision has
been set aside as invalid or otherwise ineffective; and Note: A redress decision-maker cannot
remake a decision under paragraph (a) if the original decision-maker is
acting under a power directly conferred on them under a determination. The
redress decision-maker can only replace the decision of another authorised
person. 5. provide
the attached Guidance to assist persons authorised under this Instrument; and
6. declare
that this Instrument of Authorisation commences on the date of signature. Dated 23 July 2011 D J HURLEY GENERAL Chief
of the Defence Force |
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CHIEF
OF THE DEFENCE FORCE |
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The
Instrument of Authorisation authorises persons holding particular positions
to make decisions for and on behalf of me on pay, pay-related allowances and
other conditions of service. These decisions are made under powers given to
me in determinations made by the delegate of the Minister for Defence under
section 58B of the Defence Act 1903
(the Act), and by the Defence Force
Remuneration Tribunal under section 58H of the Act. These
discretionary powers are vested in me as the statutory head of the Australian
Defence Force. They are an important aspect of the determinations because
they allow the legislation to be expressed more simply, and allow us to
manage our personnel operations more flexibly and responsively. While the
person authorised to exercise a power can be changed by issuing a new
instrument under my signature, the person authorised in this Instrument
cannot legally abdicate that power to a third person. If a third person were
to exercise such powers, the decision made would be invalid. Given
the size and diversity of the ADF, the exercise of most of these powers is
devolved to persons of appropriately senior rank in the administering unit.
This facilitates prompt, effective decision-making, where the information
needed to make the decision resides. Some decisions are required to be made
by staff in central administering bodies in Canberra or elsewhere. This helps
maintain consistency of outcomes in cases involving more complex, sensitive
or specialised benefits, or affecting more than one location. If
a person authorised by this Instrument is absent and a decision needs to be
made, it can only be made by another person who is authorised to hold, occupy
or perform the duties of that position during that absence. In effect this
means a person temporarily appointed to act in the position. If there is no
such person, then there is no corresponding authorised person. The
authorised persons making these decisions should recognise that they are
signing for and on behalf of me, not in their own right. In all cases,
persons who are authorised to make decisions affecting members’ benefits will
need to comply with the Decision-Makers
Handbook on Pay and Conditions that is published in Section 5 of the
PACMATE, the companion to the ADF Pay and Conditions Manual (PACMAN).
Decision-makers at all levels must familiarise themselves with the contents
of the handbook so they can apply a process that will ensure consistency and
rigour in all areas of decision-making. This is vital in reducing the levels
of applications for redress and other complaints. In particular, I expect them to
observe any criteria for the decision laid down in the determination and to
observe natural justice. For
the purpose of making fresh decisions when needed on a review, the Vice Chief
of the Defence Force, the Chiefs and Deputy Chiefs of each Service and Head
People Capability are all authorised to make decisions on all the matters in
the Schedule to the Instrument. The Director General Personnel Policy and
Employment Conditions is also included as the person in charge of the Branch
which draws up conditions of service benefits and who usually exercises the
power to make the determinations on which these benefits are based. D J HURLEY GENERAL Chief of the Defence Force 23
July 2011 |