EXPLANATORY STATEMENT

Defence Determination 2016/22

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.

In making this Determination, the rule-maker has taken the Caretaker Conventions into account. The amendments made to the Principal Determination do not represent major policy decisions that are likely to commit an incoming government, and do not commit the government to major contracts or undertakings. The amendments use existing funding and adjustment methodologies that increase the efficiency of administration of benefits. As such, the amendments are consistent with the continued observance of the Caretaker Conventions.

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 provides benchmark schools for Ethiopia and Italy and approved summer schools for Italy, Tokyo, Japan and Madrid, Spain.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 of this Determination provides that the Determination commences on 2 June 2016.

Section 3 specifies that the amendment is made to the Principal Determination, as amended.

Sections 4 and 5 amend Annex 15.6.A of the Principal Determination, which provides a list of schools that set the 'benchmark' for the amount of education assistance to be reimbursed to members for their children's education at overseas posting locations. Two new schools are inserted into the Annex for the following posting locations.

1. Ethiopia is a posting location for some Defence members. Until now there has been no benchmark school for Ethiopia. After an assessment of suitable schools in Ethiopia the International Community School in Addis Ababa was recommended as most suitable for providing the quality of education comparable to Australian education standards. Section 4 provides that the International Community School in Addis Ababa is the benchmark school for Ethiopia.

2. Italy is a new Defence posting location. Section 5 inserts the American Overseas School of Rome into the Annex of benchmark schools as it has been recommended as most suitable for providing the quality of education comparable to Australian education standards.

Sections 6, 7 and 8 amend Annex 15.6.B of the Principal Determination, which provides locations of approved summer schools for overseas posting locations. A member whose child attends an approved summer school may be eligible to be reimbursed the associated costs. Three new schools are inserted into the Annex for the following posting locations.

1. Italy is a new Defence posting location. Section 6 inserts the American Overseas School of Rome into the Annex of approved summer schools as it has been recommended as most suitable for providing the quality of education comparable to Australian education standards.

2. Japan is a posting location for Defence members. Section 7 adds the EtonHouse International School to the list of approved summer schools because it accepts children under five years of age which not all the other approved summer schools in Tokyo do and it is less expensive.

3. Spain is a posting location for Defence members. The summer schools previously available to members did not accept children who were under three years of age at the commencement of the Spanish school year (early September). Section 8 inserts Centro Educativo International El Jarama into the list of approved summer schools in Annex 15.6.B as this school accepts children aged three at the time of enrolment.

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, Army and Air Force, the International Policy Division and the relevant overseas posts were consulted and agreed to the changes made by this Determination. Defence consulted the Department of Foreign Affairs and Trade on a number of the changes made in this Determination. The Service responsible for the members at each location confirmed the funding line now and into the future

Authority:  Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2016/22, Benchmark schools and summer schools – amendment

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

This Determination provides benchmark schools for Ethiopia and Italy and approved summer schools for Italy, Tokyo, Japan and Madrid, Spain.

Human rights implications

The summer and benchmark school provisions in this Determination advance the rights under Article 13 of the International Covenant on Economic, Social and Cultural Rights. Article 13 recognises the right of everyone to education.

Defence provides a range of benefits to members posted overseas to assist members and their families to not suffer a disadvantage because of the requirement for the member to live and work overseas. Benchmark schools are nominated to set the 'benchmark' for the amount of education assistance to be reimbursed to members for their children's education whilst posted overseas. Summer schools are available for members and their families to maintain a level of education that is as close as possible to an equivalent Australian standard. This Determination provides a benchmark school for Ethiopia and Italy and a summer school for Italy and an additional summer school for Madrid, Spain and Tokyo, Japan.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Tyson Paul Sara, Assistant Secretary People Policy and Employment Conditions