Defence Determination 2016/29, Post indexes – amendment

Administered by Department of Defence

Legislation au F2016L01310 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination 2016/29

This Determination amends Defence Determination 2016/19, 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.

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 25 August 2016 to allow time for the administration of the associated benefits.

Section 3 provides that the authority for the instrument is under section 58B of the Defence Act 1903.

Section 4 specifies that the amendment is made to the Principal Determination, as amended.

Section 5 substitutes Annex 15.2.A of the Principal Determination. The new table changes post indexes at a range of posting locations. The changes are due to recent exchange rate movements. The following summarises the changes.

  • Turin, Italy is a new posting location for ADF members and is added to the list of locations in Annex 15.2.A.
  • No changes are made to the applied post index rates for Fiji, Indonesia, Japan, Kiribati, Korea, Malaysia, New Zealand (all locations), Tonga and Vanuatu.
  • The applied post index rate increased for Marshall Islands.
  • The applied post index rates decreased for all other locations.
  • The published post index rates decreased for Brunei, India, Myanmar, Pakistan, Sri Lanka and Vietnam. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no affect to the benefits paid to members in these 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


Statement of Compatibility with Human Rights

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

Defence Determination 2016/29, Post indexes – 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

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.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Legitimate objective: Defence members are posted to perform duty in overseas locations. This could cause the member and their family economic hardship if the location has a high cost of living. The purpose of a post index is to show the relative cost of living at a posting location compared with Australia. This is then used to calculate various overseas allowances.

Reasonable, necessary and proportionate: This Determination adjusts the post indexes to ensure that an affected person continues to receive just and favourable remuneration. The post indexes and associated overseas allowances assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work overseas.

Conclusion

This Determination is compatible with human rights because it does not limit any human rights.

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions

 

 

 

Overview

The Defence Determination 2016/29, enacted under section 58B of the Defence Act 1903, aims to update the post indexes for Australian Defence Force (ADF) members stationed overseas. The Defence Act 1903 authorised this determination, which is subject to disallowance and interpretation principles as per the Acts Interpretation Act 1901. This amendment specifically adjusts the post indexes for ADF personnel posted to various overseas locations, reflecting changes in local prices and currency exchange rates. The policy objective is to ensure that ADF members receive appropriate remuneration and allowances, mitigating economic hardship caused by high living costs in certain overseas locations. The determination ensures that members and their families are not disadvantaged by the necessity to live and work abroad, aligning with the right to just and favourable conditions of work as recognised in international human rights instruments.

Scope and Application

The Defence Determination 2016/29 amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. This Determination applies to members of the Australian Defence Force (ADF) who are posted overseas, specifically to adjust post indexes that are used to calculate various overseas allowances. The geographic reach of this Determination extends to all overseas locations where ADF members are posted, with specific adjustments made to locations such as Turin, Italy, and changes in indexes for locations like the Marshall Islands and various others. The amendments are triggered by a 2 per cent or more exchange rate movement in the national currency since the last variation of the post index. The adjustments are made based on data from a recognised provider and are designed to ensure ADF members receive just and favourable remuneration, mitigating economic hardship due to the high cost of living in certain overseas locations. This Determination commences on 25 August 2016, providing adequate time for administrative arrangements to be put in place. Adverse decisions under this Determination may be subject to inquiry through the ADF's redress of grievance system, and complaints can be made to the Defence Force Ombudsman.

Key Provisions

Defence Determination 2016/29 modifies the Conditions of Service for Australian Defence Force (ADF) members posted overseas, specifically addressing the post indexes that determine various allowances based on the cost of living in different locations. Section 5 of the Determination replaces Annex 15.2.A of the Principal Determination (Defence Determination 2016/19) with updated post index rates for ADF members at overseas postings, reflecting changes in local prices and exchange rates. This new table lists the post indexes for various countries and territories, including new additions such as Turin, Italy, and adjustments to existing rates. The obligations under this Determination involve the Defence Force ensuring that updated post index rates are accurately calculated and applied to ADF members based on their overseas posting locations. These rates are determined by a recognised data service provider, which surveys local prices twice a year. The Defence Force must also ensure that any significant changes to post index rates are communicated appropriately to the relevant overseas posts and members. Additionally, adverse decisions related to these post indexes may be subject to inquiry under the ADF's redress of grievance system, and members have the right to lodge complaints with the Defence Force Ombudsman. Failure to comply with the provisions of this Determination could lead to various civil or administrative consequences, such as incorrect calculation of allowances for ADF members, which could result in financial hardship or dissatisfaction. While specific penalties are not outlined in the text, the implications of incorrect application of post indexes could be severe for affected ADF members. Furthermore, the Defence Force is required to ensure that the updated post indexes are compatible with human rights, particularly the right to just and favourable conditions of work as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights. The Determination explicitly states that it is compatible with human rights, ensuring that it does not limit any human rights protections.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.