Overview

Defence Determination 2016/37, enacted in accordance with section 58B of the Defence Act 1903, aims to address the routine adjustments of allowances for members in remote locations. This determination, which became effective on 15 December 2016, is made under the authority of the Australian Parliament and seeks to ensure that members of the Australian Defence Force (ADF) who are stationed in remote areas receive fair and updated allowances. The policy objective is to provide additional benefits to ADF members who are required to perform their duties in remote locations, thereby mitigating the adverse effects of living and working in such conditions. This includes adjusting allowances based on changes in the Consumer Price Index or figures supplied by a contracted service provider, ensuring that the members' remuneration and conditions of work are just and favourable. The Determination is compatible with human rights and freedoms as recognised in the international instruments, particularly Article 7 of the International Covenant on Economic, Social and Cultural Rights, which guarantees just and favourable conditions of work.

Scope and Application

Defence Determination 2016/37 applies to members of the Australian Defence Force (ADF) who are posted in remote locations, providing them with adjustments to allowances to account for the unique challenges associated with such postings. The Determination, made under section 58B of the Defence Act 1903, is applicable nationally and is aimed at ensuring that ADF members in remote locations receive appropriate financial support to mitigate the hardships they may face. The adjustments to allowances are based on changes in the Consumer Price Index or rates provided by a contracted service provider, ensuring that the allowances are updated regularly to reflect the current economic conditions. The Determination does not specify any exclusions or thresholds and extends its application through the subordinate instrument as amended. This routine adjustment process ensures that the right to the enjoyment of just and favourable conditions of work, as protected by Article 7 of the International Covenant on Economic, Social and Cultural Rights, is upheld for ADF members serving in remote areas.

Key Provisions

Defence Determination 2016/37 amends Defence Determination 2016/19, specifically addressing the conditions of service for Australian Defence Force (ADF) members. The primary focus of this Determination is to update the allowances provided to ADF members stationed in remote locations, reflecting changes in the Consumer Price Index (CPI) and new rates provided by contracted service providers. The Determination updates Chapter 4 of the Principal Determination, which concerns allowances and reimbursements for ADF members. Section 5 of the Determination replaces the table in section 4.4.9 of the Principal Determination, increasing the district allowance for members living in remote locations by 1.3% based on the All Groups component of the CPI for the 12 months ending March 2016. This allowance is set at 35% of the 'living out' rates for members with dependents, with the underlying figure rounded to the nearest five dollars. Section 6 modifies the table in subsection 4.4.10.1 of the Principal Determination, similarly adjusting the district allowance for members living out in remote locations by 1.3%. Section 7 updates the rates of Port Wakefield allowance in subsection 4.4.19.2 of the Principal Determination, increasing these rates in line with the All Groups component of the CPI for the 12 months ending March 2016. Section 8 adjusts the annual rate of Scherger allowance in section 4.4.24 of the Principal Determination, reducing this allowance by 0.5% based on the Transportation component of the CPI for the same period. Finally, Section 9 updates the table in section 4.4.31 of the Principal Determination, adjusting the yearly rates of Antarctic allowance by 1.5% according to new rates provided by a contracted service provider. These changes ensure that ADF members receive appropriate support to mitigate the adverse conditions of living and working in remote areas. The obligations imposed by this Determination primarily concern the Defence Force and the affected ADF members. The Defence Force is responsible for implementing the updated allowance rates as specified in the Determination, ensuring that members receive the correct financial support based on the revised rates. ADF members in remote locations are entitled to these updated allowances, which are intended to offset the additional hardships associated with their duty assignments. The Determination ensures that the allowances are adjusted in accordance with the CPI or as advised by contracted service providers, reflecting the cost of living changes or new rates provided. Breach of the provisions outlined in this Determination could result in ADF members not receiving the updated allowances to which they are entitled. While the Determination itself does not specify explicit penalties for non-compliance, failure to implement these changes could be considered a breach of the duty of care owed to ADF members by the Defence Force. This could lead to administrative or disciplinary actions against Defence personnel responsible for the oversight of allowances. Additionally, affected ADF members may seek redress through internal Defence grievance mechanisms or, in more serious cases, through legal avenues such as the Administrative Appeals Tribunal or the Federal Court.