REPLACEMENT EXPLANATORY STATEMENT
Defence Determination 2016/12
THIS STATEMENT REPLACES THE EXPLANATORY STATEMENT PRESENTED TO THE HOUSE OF REPRESENTATIVES, THE SENATE AND THE SENATE STANDING COMMITTEE OF REGULATIONS AND ORDINANCES ON 19 APRIL 2016
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 legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.
This Determination amends Chapter 15 of the Principal Determination, which sets out provisions dealing with living and working on long-term posting overseas for members of the Australian Defence Force (ADF).
The purpose of this Determination is to implement revised post indexes for ADF members at overseas posting locations. A data service provider works out the post index from local prices surveyed in March and September each year. An exchange rate movement in the national currency of 2 per cent or more since the post index was last varied then prompts an amending Determination to vary the post index.
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 7 April 2016 to allow time for the administration of the associated benefits.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 substitutes Annex 15.2.A of the Principal Determination. The new Annex changes post indexes at a range of posting locations. The changes are due to recent exchange rate movements.
The applied post index rate decreased for Belgium, Cambodia, China, Ethiopia, Fiji, all locations in France, Germany, Japan, Jordan, Korea, Kuwait, Marshall Islands, Micronesia, Netherlands, all locations in New Zealand, Palau, Papua New Guinea, Samoa, Singapore, Solomon Islands, all locations in Spain, Thailand, Timor-Leste, Tonga, Turkey, United Arab Emirates, all locations in the UK and all locations in the USA.
The published post index rate decreased for Brunei, India, Malaysia, Myanmar, Pakistan, Philippines, Saudi Arabia, Sri Lanka and Vietnam but because the index is less than 100 it does not affect the applied index rate. This change does not affect the benefits paid to members in these locations.
No changes are made for the applied post indexes in other locations.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.
Consultation
Consultation is not considered necessary in the monthly Post Index adjustment process as this falls within the bounds of routine, house keeping of an established benefit. The data is provided to Defence from a recognised data provider and the adjustments are made according to established policy. Where an adjustment results in a major change to any particular country/location, the overseas post is provided with advance notification of the pending change.
Authority: Section 58B of the
Defence Act 1903