The CDF has powers to consider and approve various matters under the Defence Act 1903 for ADF conditions of service.
The CDF has authorised holding, occupying or performing the duties of specified positions to exercise these powers on their behalf. These authorisations are made under an instrument of authorisation.
A person who has been authorised by the CDF to act on their behalf is acting solely on behalf of the CDF. They do not exercise these powers in their own right. The effect of this is that a decision by an authorised person is, at law, a decision by the CDF.
A person who has been authorised by the CDF, cannot delegate their authorised decision making powers to another person. Any decisions made by a person who has not been authorised by the CDF are not legally effective.
Instrument of Authorisation 2021/1 sets out the full list of who is authorised to exercise certain discretions for and on behalf of CDF in determinations made under sections 58B and 58H of the Defence Act 1903. Decisions of this kind normally require the decision-maker to use judgement in applying the rules to a particular case.
The Secretary has power to consider and approve various matters under the Defence Enterprise Agreement (DEA) relating to APS overseas conditions of employment.
The Secretary has delegated the powers and functions under the DEA to persons occupying or performing the duties of a number of positions, including Assistant Secretary People Policy and Employment Conditions.
The Assistant Secretary People Policy and Employment Conditions has delegated the powers and functions for APS overseas conditions of employment to people holding, occupying, acting in or performing the duties of specified positions to make these decisions.
Defence Enterprise Agreement (Overseas conditions of employment) Delegation 2019 (No. 1) sets out the full list of who has been delegated to exercise certain powers in determinations made under the DEA.
Guidance for decision-makers can be found in the following documents.
The CDF's Instruments of Authorisation and Assistant Secretary of People Policy and Employment Conditions Instrument of Delegation are regularly amended and to find out when the Principal Instruments were amended and which amending instrument made the change, the amendment notes for the Principal Instruments list the sections and the amending instrument that made the change.
Note: If a section is not listed in the amendment notes, it means that there has been no change to the authorised persons for that section since the Principal Instrument took effect.
The following terms are used in the amendment notes.
|1.||inserted||the first time the authorised persons have been included in the Principal Instrument of Authorisation.|
|2.||amended||the authorised persons have been changed in section.|
|3.||substituted||the authorised persons have been totally replaced.|
|4.||omitted||the authorisation for the section has been removed from the Principal Instrument of Authorisation.|
If there is no formal authority to make a decision, it may be made by the member's Commanding Officer or supervisor not below Major or APS 6, or by a senior official in a specialist area. The person making the decision must be in the member's direct chain of command or supervision, or in a specialist area that normally makes decisions of that kind.
Decisions described in this section are usually about establishing facts relevant to whether a member meets all the conditions for a benefit. They are unlikely to involve the use of judgement about the benefit.
The person described in subsection 1 is commonly known as the approving authority for the decision. They may take advice or recommendations about the decision from any source they regard as appropriate.
An approving authority under this section cannot delegate their decision making powers to another person. Any decisions made by a person who is not an approving authority under subsection 1 may not be legally effective.
Chapter 1 Part 5 section 1.5.6 requires decision-makers to avoid conflicts of interest in making decisions about entitlements and benefits.
See: Chapter 1 Part 5 section 1.5.6, Decision-makers to avoid conflict of interest