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FRLI ID: F2012L02301
Portfolio: Defence
Committee view
2.2
The committee seeks clarification from the Minister
for Defence Science and Personnel in relation to the possible impact the
Declaration, in particular the withdrawal of specified category status, may
have on the right to the enjoyment of just and favourable conditions of work and
the right to social security.
Overview
2.3
The Military Superannuation and Benefits Act 1991 makes provision
for the payment of a retention benefit to certain members of the Military
Superannuation and Benefits Scheme who have completed 15 years of continuous
eligible service. Generally, only defence personnel who have obtained a certain
rank are eligible for the benefit. However, members who do not satisfy the
minimum rank requirement and are in employment categories where the normal
opportunities for promotion do not exist may be declared by the Minister to be
'eligible members' for the purposes of receiving the benefit. These employment
categories are referred to as 'specified categories'. The employment categories
are listed in Ministerial Declarations.
2.4
The purpose of this Declaration is to withdraw specified category status
from one employment category and to declare specified category status for three
new categories.
Compatibility with human rights
2.5
The statement of compatibility states that the Declaration engages (and
in some respects promotes) the right to the enjoyment of just and favourable
conditions of work contained in Article 7 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR).
2.6
In the statement's conclusion it is suggested that the Declaration is
compatible with human rights because to the extent that it may limit human
rights, those limitations are reasonable, necessary and proportionate. However,
no consideration is given in the body of the statement as to how the
Declaration may limit human rights. In particular, no consideration is given to
the potential impact on human rights of the withdrawal of specified category
status from one employment category. This appears to engage articles 7 (right
to work) and 9 (right to social security) of the ICESCR.
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