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
Overview
Defence Determination 2016/17, enacted under section 58B of the Defence Act 1903, serves to amend Defence Determination 2005/15, specifically addressing the conditions of service for members of the Australian Defence Force (ADF) posted overseas on a long-term basis. This legislation was introduced to address the need for updated post indexes for ADF personnel stationed abroad, reflecting changes in local prices and exchange rates. Additionally, the Determination seeks to update the list of approved clubs that provide fitness and recreational facilities to ADF members and their families in certain overseas locations. The enactment of this Determination ensures that the benefits and facilities provided to ADF members on long-term overseas postings remain relevant and adequate. It is subject to disallowance and is interpreted according to the principles set out in the Acts Interpretation Act 1901, as modified by the Defence Act. The Determination was prepared with consultations from relevant divisions and posts, ensuring its alignment with the ADF's operational requirements.
Scope and Application
The Defence Determination 2016/17 applies to members of the Australian Defence Force (ADF) who are on long-term postings overseas, directly impacting their living and working conditions in specific international locations. The Determination revises post indexes for ADF members at various overseas posting locations, based on local prices surveyed twice a year and adjusted according to exchange rate movements, particularly when there is a shift of 2% or more in the national currency. Additionally, the Determination modifies the approved club locations in Cambodia, Tonga, and Sri Lanka to ensure that ADF members and their families have access to suitable fitness and recreational facilities while stationed abroad. This instrument has a national jurisdictional reach, as it pertains to ADF members regardless of their overseas location, and is subject to the disallowable legislative instrument provisions under the Legislation Act 2003 and the interpretation principles outlined in the Acts Interpretation Act 1901. The Determination is effective from 5 May 2016, providing sufficient time for the administration of associated benefits.
Key Provisions
The Defence Determination 2016/17 primarily amends Chapter 15 of Defence Determination 2005/15, focusing on the conditions of service for Australian Defence Force (ADF) members on long-term overseas postings. The key provisions (Clauses 4, 5, 6, and 7) involve updating the post indexes and amending the approved club locations for fitness and recreational facilities for members and their families. Clause 4 updates Annex 15.2.A, which adjusts the post indexes for certain overseas locations based on recent exchange rate movements. Clauses 5, 6, and 7 amend the table in Clause 15.7.5, substituting approved clubs in Cambodia, Tonga, and Sri Lanka, respectively, to ensure they meet the necessary standards for ADF members and their families.
The obligations and requirements imposed by this Determination are straightforward. The primary duty is to ensure that ADF members and their families have access to updated post indexes and approved fitness and recreational facilities when on long-term overseas postings. The post indexes are calculated from local prices surveyed twice a year, with adjustments made if there is a significant exchange rate movement. Similarly, the approved clubs must meet specific criteria regarding equipment, privacy, security, and proximity to provide adequate facilities for ADF members. The updated clubs in Cambodia, Tonga, and Sri Lanka are selected based on these criteria to ensure they meet the needs of ADF members and their families.
Breaches of the provisions set out in this Determination could lead to consequences under the ADF redress of grievance system. Any adverse decisions made regarding the post indexes or approved clubs can be subject to inquiry. Additionally, any person aggrieved by a decision may make a complaint to the Defence Force Ombudsman. While specific penalties are not detailed within the Determination, the implications of not adhering to the updated post indexes or approved clubs could affect the benefits and living conditions of ADF members on overseas postings. It is essential for all parties involved to comply with these provisions to maintain the welfare and operational effectiveness of ADF members stationed overseas.