REPLACEMENT EXPLANATORY STATEMENT
Defence Determination 2016/17
THIS STATEMENT REPLACES THE EXPLANATORY STATEMENT PRESENTED TO THE HOUSE OF REPRESENTATIVES, THE SENATE AND THE SENATE STANDING COMMITTEE OF REGULATIONS AND ORDINANCES ON 2 MAY 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).
This Determination has two purposes:
- 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.
- To amend three approved club locations for members and their families on long-term postings 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 5 May 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 increased for Japan and Korea. The applied post index rate decreased for Ethiopia, Papua New Guinea, and UK.
The published post index rate increased for Malaysia and decreased for Indonesia 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.
Clauses 5, 6 and 7 amend the table in clause 15.7.5 of the Principal Determination. This table lists clubs that provide fitness and recreational facilities to members and their families when the member is on long-term posting at the overseas location.
Clause 5 substitutes the approved club for Cambodia. The new club has the required equipment, privacy, security and proximity for members in the Phnom Penh area.
Clause 6 substitutes the approved club for Tonga. The Tonga Fit club has the required capacity, amenities and trainers within an air conditioned area for members to maintain their required fitness levels.
Clause 7 substitutes the approved club for Sri Lanka. The new club offers suitable fitness and recreational facilities for members to maintain their required fitness levels, as well as security and proximity.
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
Navy, Defence International Policy Division and the relevant overseas posts were consulted in the preparation of this Determination. The rulemaker was satisfied that further internal or external consultation was not required. The instrument makes a minor adjustment 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