House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Assistant Minister for Defence, the Hon Stuart Robert MP)

Statement of Compatibility with Human Rights

Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Legislation Amendment (Superannuation and ADF Cover) Bill 2015

This Bill 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 Bill

The Australian Defence Legislation Amendment (Superannuation and ADF Cover) Bill 2015 (Consequentials Bill) is part of a package of three Bills to establish the Australian Defence Force Superannuation Scheme (ADF Super) and facilitate the introduction of the Australian Defence Force's future workforce model by providing flexible service conditions for permanent members of the Australian Defence Force (ADF)

Human Rights Implications

The Bill promotes the following rights:

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Article 7, International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to just and favourable conditions of work;

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Article 9, ICESCR, the right to social security;

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Article 11, ICESCR, the right to an adequate standard of living;

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Article 2(2), ICESCR, the right to equality and non-discrimination.

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Article 26, International Covenant on Civil and Political Rights; and (ICCPR), the right to equality and non-discrimination.

This Bill proposes to introduce new and modern superannuation arrangements which provide just and favourable conditions of work for ADF members. The employer contributions will exceed the minimum requirement under the Superannuation Guarantee (Administration) Act 1992 and there is no compulsion for the ADF member to make additional contributions. However, they can elect to do so to improve their circumstances. This will provide an enhanced standard of living and social security environment.

The Bill also proposes to provide a military specific statutory death and invalidity scheme and all ADF Superannuation members will have access to this insurance without any employee contributions. These premiums will be contributed from a specific Government consolidated appropriation. These measures promote the right to social security and an enhanced living standard.

The Bill further proposes to introduce flexible service arrangements which provide just and favourable conditions of work for ADF members. The flexible service arrangements will allow ADF members to better balance their military careers and their personal lives. Members on flexible service arrangements will have consistent comparative benefits to other ADF members, including access to death and invalidity and superannuation benefits. This promotes the right to equality and non-discrimination. The introduction of flexible service arrangements in legislation is consistent with the Review into the Treatment of Women in the Australian Defence Force conducted by Elizabeth Broderick, in her role as the Sex Discrimination Commissioner. This measure promotes the right to equality and non-discrimination.

The Bill may infringe the following human right:

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Articles 17, ICCPR, the right to privacy.

Article 17 of the ICCPR prohibits State Parties from arbitrary or unlawful interference with privacy.

The Bill provides that the Department give the Commonwealth Superannuation Corporation (CSC) information on individual ADF members where that information is relevant to the determining of a benefit for that member. Although this may appear to impact the right to privacy, the transfer of an ADF member's information between Commonwealth entities is not arbitrary or unlawful.

The information is transferred only to ensure expediency in the calculation of a benefit and is limited to only information that is relevant to that calculation. This limitation is reinforced by the requirement in the Bill that CSC only use personal information for the purposes of administering the military superannuation schemes. CSC is responsible for the privacy, confidentiality and security of personal information it holds in accordance with the Privacy Act 1988 and the Australian Privacy Principles under that Act. Accordingly, the Bill does not impact the right to privacy.

Conclusion

The Australian Defence Legislation Amendment (Superannuation and ADF Cover) Bill 2015 is compatible with human rights. It advances the protection of human rights.