Defence Determination 2016/39, Public and school transport costs – amendment

Administered by Department of Defence

Legislation au F2016L01845 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2016/39

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.

Chapter 15 of the Principal Determination sets out provisions dealing with conditions of service for members of the Australian Defence Force (ADF) living and working on a long-term posting overseas.

This Determination has the following two purposes.

  • To provide the current amount a member contributes towards overseas public transport costs.
  • To provide the current amount a member contributes towards their child's overseas school transport costs.

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 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.

Sections 5, 6 and 7 amend subsection 15.3.7 of the Principal Determination, which provides for reimbursement of public transport costs in an overseas location. The member contribution amount for public transport is reviewed annually based on the cost of public transport in Canberra. This amendment provides the current contribution amount. It also simplifies the rules and administration by removing the table of rates to be applied during specified dates.

  • Section 5 omits definitions in subsection 15.3.7.2. These definitions are no longer required.
  • Section 6 restructures subsection 15.3.7.3 and updates the contribution rate.
  • Section 7 updates the calculation in the table at subsection 15.3.7.4.

Sections 8 amends subsection 15.6.11 of the Principal Determination, which provides for reimbursement of school transport costs for dependants in an overseas location. The member contribution amount for school transport is reviewed annually based on the cost of school transport in Canberra. This amendment omits the definitions in subsection 15.6.11.1 as they are no longer required. It provides the current contribution amount. It also simplifies the rules and administration by removing the table of rates to be applied during specified dates.

Consultation

Consultation is not considered necessary for the Public Transport and School Transport costs adjustment process as this falls within the bounds of routine house keeping of an established benefit. Where the adjustment results in a major change to the rate of contribution, the overseas posts would be 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 2016/39, Public and school transport costs – 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 has the following two purposes.

  • To provide the current amount a member contributes towards overseas public transport costs.
  • To provide the current amount a member contributes towards their child's overseas school transport costs.

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: This Determination adjusts member contribution rates towards public transport costs and school transport costs, for members posted overseas.

Reasonable, necessary and proportionate: A policy principle underpinning many aspects of ADF member overseas conditions is that members posted to locations that are more expensive to live in than Australia should not be disadvantaged by those expensive local conditions and the Commonwealth should provide a subsidy to the member. Transport cost benefits are examples of the application of this policy.

Members in Australia are not ordinarily reimbursed their costs of getting to work, or the costs of their children getting to school. It is a long-standing industrial principle that these are private expenses. The public transport and school transport benefits do pay for these expenses, but the member is required to make a contribution. The contribution for public transport costs and school transport costs is based on the Australian public transport cost (with Canberra's costs chosen as a benchmark, as there is some fluctuation between States).

The requirements on members to contribute towards these benefits ensure that they do not receive a 'windfall gain' by being posted to an expensive overseas location, but have approximate parity with their working conditions in Australia.

Conclusion

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

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

 

Overview

The Defence Determination 2016/39 was enacted to address the need for updating the contribution rates for overseas public and school transport costs for Australian Defence Force (ADF) members posted abroad. This Determination was made under section 58B of the Defence Act 1903 by the Australian government, specifically to amend Defence Determination 2016/19, which outlines the conditions of service for ADF members. The primary policy objective is to ensure that ADF members do not face undue financial disadvantage when posted overseas by adjusting the contribution rates to align with the costs in Canberra, Australia, thereby maintaining parity with their conditions if they were serving domestically. This amendment simplifies the administration by removing outdated tables of rates and updating the contribution rates directly.

Scope and Application

Defence Determination 2016/39 applies specifically to members of the Australian Defence Force (ADF) who are on long-term overseas postings. It amends the Defence Determination 2016/19, which itself pertains to the conditions of service for ADF personnel. The Determination sets out the current contribution amounts that ADF members are required to pay for their overseas public transport and their children's overseas school transport costs. This is achieved by updating the relevant subsections in the Principal Determination, namely subsections 15.3.7 and 15.6.11, to reflect the current contribution rates and to streamline the administrative process by removing previously specified tables of rates. The amendment also includes the removal of redundant definitions that are no longer applicable. The changes are intended to simplify the administration and ensure that members do not receive an undue financial advantage due to the higher cost of living in overseas locations compared to Australia. The Determination is made under the authority of section 58B of the Defence Act 1903 and is subject to the interpretation principles set out in the Acts Interpretation Act 1901.

Key Provisions

The Defence Determination 2016/39, made under section 58B of the Defence Act 1903, primarily serves to update the contribution amounts members of the Australian Defence Force (ADF) must pay towards public transport and school transport costs when posted overseas. Section 5 updates the member contribution rate for public transport, while section 8 updates the member contribution rate for school transport. The changes are designed to reflect the current costs based on a benchmark in Canberra, thereby simplifying the rules and administration by eliminating the previous tables of rates. Members of the ADF posted overseas have specific obligations under this Determination. They are required to contribute a set amount towards their public transport costs and their children’s school transport costs. These contributions are intended to ensure that members do not receive a disproportionate benefit from being posted to a more expensive location overseas. The contributions are based on the premise that members should not be financially advantaged by being posted to an overseas location that is more expensive than Australia. Failure to meet these contribution requirements can result in administrative penalties, although the Determination does not explicitly state what these penalties might be. Generally, non-compliance with Defence Act provisions can lead to disciplinary action under the Defence Force Discipline Act 1982, which could include fines, imprisonment, or other sanctions as deemed appropriate by a military court. These penalties are not detailed in the Determination itself but are consistent with the broader military disciplinary framework. The Determination also notes that it is compatible with human rights, as it aligns with the principles of just and favourable conditions of work. This compatibility is grounded in the policy that members posted overseas should not be disadvantaged by higher living costs in their posting location. By requiring members to contribute towards their transport costs, the Determination ensures that they do not gain an undue financial advantage compared to their counterparts in Australia. The human rights implications affirm that the adjustments made are reasonable and proportionate, maintaining the balance between the rights of ADF members and the fiscal responsibilities of the Commonwealth.

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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.