EXPLANATORY STATEMENT
Defence Determination 2016/37
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 4 of the Principal Determination, which sets out provisions dealing with Australian Defence Force allowances and reimbursements.
The purpose of this Determination is to make routine adjustments to allowances for members in remote locations. These are based on changes in the Consumer Price Index or figures supplied by a contracted service provider.
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 15 December 2016.
Section 3 provides that this instrument has authority 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 the table in section 4.4.9 of the Principal Determination. The table provides rates of district allowance for a member who 'lives in' at a remote location. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2016 (1.3%). The figures are 35% of the 'living out' rates for a member with dependants. The underlying figure is then rounded to the nearest five dollars.
Section 6 substitutes the table in subsection 4.4.10.1 of the Principal Determination. The table provides rates of district allowance for a member who 'lives out' at a remote location. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2016 (1.3%). The underlying figure is then rounded to the nearest five dollars.
Section 7 substitutes the table in subsection 4.4.19.2 of the Principal Determination. This amendment adjusts the yearly rates of Port Wakefield allowance. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2016 (1.3%). The underlying figure is then rounded to the nearest five dollars.
Section 8 amends section 4.4.24 of the Principal Determination. This amendment adjusts the annual rate of Scherger allowance. The allowance is decreased in line with movement in the Transportation component of the Consumer Price Index for the 12 month period ending March 2016 (-0.5%). The underlying figure is then rounded to the nearest five dollars.
Section 9 substitutes the table in section 4.4.31 of the Principal Determination, adjusting the yearly rates of Antarctic allowance. The allowance rates are increased by 1.5%, in line with new rates advised by a contracted service provider.
Consultation
Consultation is not considered necessary for the annual location allowances adjustment. These are routine changes to location allowances. The changes are based on movements in the Consumer Price Index. These adjustments are made according to an established policy.
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 2016/37, Location allowances – 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.
The purpose of this Determination is to make routine adjustments to allowances for members in remote locations. These are based on changes in the Consumer Price Index or figures supplied by a contracted service provider.
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.
ADF members who are posted to some remote locations may experience adverse living conditions during service. This could cause significant adverse effect on the lifestyle or welfare of members and their dependants, as a result of the living conditions at the remote location. Those hardship conditions can include but are not limited to climate, health care facilities, infrastructure and isolation.
ADF location allowances provide additional benefits, beyond the normal rates of remuneration, to assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work in a remote location.
Conclusion
This Determination does not limit the right to an adequate standard of living. It provides additional benefits to members who are required to perform their duties at remote locations.
Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions