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Rules are contained
in legal instruments which provide the basis for pay and conditions of
service. ADF rules are contained in determinations and are published in the A rule that requires a decision includes words that give the power to make the decision. This is often called an 'authorising provision'. Powers belong to a person, or a group of persons, who occupy the position or group of positions that are named in the provision. Example: A rule says 'The CDF
may approve a written application for reunion travel at Commonwealth expense
from a member who meets all these conditions' ( Here the power to make the decision is given to the CDF, and the CDF is the correct person to make this decision (although in many cases he gives his powers to others – see How powers are given to decision-makers). |
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The CDF is given his decision-making powers on ADF conditions of service by determinations made under the Defence Act. Because of the large number of decisions that are required daily, the CDF gives many of the powers to other people. These people are called authorised decision-makers. |
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Authorisation: when consent (oral or written) is given that permits a person to act, for and on behalf of the owner of the powers, for a particular purpose, as an agent. · The authorisation means that the decision will be seen as the personal decision of the person who has given the permission for the authorised decision-maker to act on their behalf. · This is important because it means the authorised decision-maker is seen by others to make decisions that belong to the person who made the authorisation. |
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Example –
authorisation: 'The CDF may approve
a written application for reunion travel at Commonwealth expense from a
member who meets all these conditions' ( The CDF has
authorised specified persons to approve reunion travel under |
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A decision is an action. Normally, rules are written so that they apply to a person when that person meets some factual circumstances. These are sometimes called 'objective criteria'. |
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Example: A flight engineer in the Air Force signed on for a completion bonus of $105,000 in return for five years' effective service. To decide whether the member has a current entitlement for the bonus, the only action that is needed is to check the facts against the relevant criteria. |
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Sometimes a rule is too rigid or difficult to apply, because there are so many facts that could lead to a person becoming eligible for an entitlement. When this happens, a rule will be written to include a choice. This is called a ‘discretion’. A decision-maker must
use their judgement and make this choice before the rule can apply to a
person and give them an entitlement. The |
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Example: The member is entitled to be repaid for costs they
incur on appointment, enlistment or promotion, for the private purchase of
uniform and personal necessaries, if the CDF is satisfied that the
purchase is reasonable ( |
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The rule usually includes ‘objective criteria’ or general facts. The decision-maker must look at these criteria to guide the making of a discretionary decision. However, the decision or choice of whether the applicant meets the criteria is left up to your judgement as the decision-maker. |
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Example: In the example above, approval can only be given if the CDF is satisfied that the purchase is reasonable. To assist in the decision about what is reasonable, the determination provides a number of criteria. 'The CDF must consider these criteria. i. The availability from Service sources of items of the kind purchased. ii. The member's locality of posting. iii. The nature of the member's duties. iv. If the member has a special need for the item because of a medical condition. v. Any other factor relevant to the purchase of the item.' |
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This means that the
authorised persons who are listed in the |
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Under rules-based decision-making there are times when no decision can be made, because there is no policy or rule which applies to the situation and nothing that explains why a person has been 'left out'. In these situations decision-makers should seek advice. The Directorate of
Entitlements (DE) can provide advice for ADF matters. Advice can be sought by
sending an email to pacman@defence.gov.au. |