Defence Determination 2014/50, Foreign language
training
I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment
Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 2 October 2014
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group
Ref924
1
Citation
1.
This Determination is Defence Determination 2014/50, Foreign language training.
2.
This Determination may also be cited as Defence Determination 2014/50.
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 15.0.2 (Contents)
after entry for Part 6, insert
Part 6A
5
Foreign language training for spouse or partner
Clause 15.6.14 (Foreign language tuition)
at the end of clause 15.6.4, insert
See also: For foreign language training for a member's spouse or partner see Part 6A.
6
Chapter 15 Part 6 (Education costs)
after Part 6, insert the Part in the Schedule
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2014/1 and amendments made by Defence Determinations
2014/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28,
29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 47, 48 and 49.
2
3
SCHEDULE
Part 6A: Foreign language training for spouse or partner
15.6A.1 Purpose
The purpose of this Part is to provide foreign language training to a member's spouse or
partner when they accompany the member on long-term posting.
See also: For foreign language tuition for a member's dependant child see Part 6 Division 2
clause 15.6.14.
15.6A.2 Foreign language training
1.
2.
3.
The Director Attaché and Overseas Management may grant up to 40 hours of foreign
language training at Commonwealth expense for a member's spouse or partner, taking the
following into consideration.
a.
Whether English is a common language in the country.
b.
Whether the foreign language is required for everyday or professional reasons.
c.
Whether knowledge of the foreign language will assist in the personal security of the
member's spouse or partner.
The Director Attaché and Overseas Management may approve up to an additional 40 hours
training taking the following into consideration.
a.
The requirement of the spouse or partner to engage in representational activities.
b.
The difficulty of the language.
c.
The progress the spouse or partner has already made.
The cost of textbooks and other training aides related to the foreign language training is not
paid by the Commonwealth or reimbursed to the member, spouse or partner.
EXPLANATORY STATEMENT
Defence Determination 2014/50
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 15 of the Principal Determination sets out provisions dealing with living and working on long-term
posting overseas for members of the Australian Defence Force (ADF) and Australian Public Service
(APS) employees.
The purpose of this Determination is to implement a new foreign language training package for a
member's spouse or partner when they accompany the member on a long-term posting overseas.
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 clause 15.0.2 of the Principal Determination by including reference to a new Part 6A
into the contents listing for Chapter 15. The new Part 6A has been added to the Principal Determination
by clause 6 of this Determination.
Clause 5 amends clause 15.6.14 of the Principal Determination. Clause 15.6.14 provides foreign
language tuition for a member's children when they have accompanied the member on long-term posting
overseas. This clause inserts a new cross reference to the provisions for foreign language training for a
member's spouse or partner which has been added to the Principal Determination by clause 6 of this
Determination.
Clause 6 inserts a new Part 6A into the Principal Determination. The new Part provides foreign language
training for a member's spouse or partner when they accompany the member on long-term posting
overseas. This training is to enable the member's spouse or partner to integrate into the local community
by being able to communicate, it eases the feeling of isolation that the spouse or partner may experience
if they cannot communicate and it also increases the personal security of the spouse or partner in the
case of a possible emergency.
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 2014/50 Foreign language training
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
The purpose of this Determination is to implement a new foreign language training package for a
member's spouse or partner when they accompany the member on a long-term posting overseas.
Human rights implications
Right of everyone to an education
The protection of a person's right to education engages Article 13 of the International Covenant on
Economic, Social and Cultural Rights. Article 13 guarantees a persons right to an education that will
enable all people to participate effectively in a free society, promote understanding, tolerance and
friendship among all nations and all racial, ethnic or religious groups, and further the activities of the
United Nations for the maintenance of peace.
Legitimate objective: Defence members are posted to perform duty in overseas locations. This could
cause the member and their family difficulties with communication, isolation and personal security when
they are in a country where English is not a commonly used language.
Reasonable, necessary and proportionate: Defence provides a range of benefits to members posted
overseas to assist them and their families to not suffer a disadvantage because of the requirement for the
member to live and work overseas. Foreign language training for a member's spouse or partner will assist
them in integrating into the local community by being able to communicate, it eases the feeling of isolation
that the spouse or partner may experience if they cannot communicate and it also increases the personal
security of the spouse or partner in the case of a possible emergency.
Foreign language tuition is already provided to a member's dependent children to assist them during their
education when the teaching language used is not English, provided under clause 15.6.14 of the Principal
Determination.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Christon Scott Chamley, Acting Director General People Policy and Employment Conditions