EXPLANATORY STATEMENT
Defence Determination 2016/14
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.
Chapter 16 of the Principal Determination sets out provisions dealing with overseas hardship location conditions of service for members of the Australian Defence Force (ADF).
This Determination makes changes to hardship conditions of service following an annual review of the level of grading of each of the hardship locations. It changes the hardship post grade, and thus the level of hardship allowance, at three locations.
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 5 May 2016.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clauses 4 substitutes item 16A, of Annex 16.A of the Principal Determination. A hardship grade reflects factors that indicate if a location is harder to live in than Australia. The hardship grade for Kuwait is changing from Grade C to Grade D. The practical effect of this change is to increase the rate of hardship allowance paid to a member posted to Kuwait.
Clause 5 substitutes table item 5 of Part 2 of Annex 16.A of the Principal Determination. The table item sets out hardship conditions for Iran. The hardship grade for Iran has decreased from F to E. The practical effect of this change is to decrease the rate of hardship allowance paid to a member posted to Iran.
Clause 6 substitutes table item 8 of Part 2 of Annex 16.A of the Principal Determination. The table item sets out hardship conditions for Nepal. The hardship grade for Nepal has been increased, from E to F. The practical effect of this change is to increase the rate of hardship allowance paid to a member posted to Nepal.
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.
Consultation
Defence's International Policy Division was consulted in the preparation of this Determination. The rulemaker was satisfied that external consultation was not required. The instrument makes minor adjustments to the level of assistance provided to members of the Australian Defence Force when they are required to work overseas on a long-term posting.
Authority: Section 58B of the
Defence Act 1903