Overview

Defence Determination 2016/41, issued in 2016, amends Defence Determination 2016/19 under the Defence Act 1903. This legislative instrument addresses the need to update the rates of contribution that Australian Defence Force members must make for their living-in accommodation, which is provided for single members or those without their families. The determination ensures that the contributions made by members reflect changes in the national rental market, maintaining the value of the Commonwealth subsidy in proportion to the costs. The Defence Determination is subject to the Legislation Act 2003 and the Acts Interpretation Act 1901, and its primary objective is to uphold the right to an adequate standard of living for Defence members by adjusting their accommodation costs in line with inflation. The policy objective of this Determination is to ensure that ADF members, who may be required to live in on a military base for operational, training, or duty of care reasons, are provided with financial assistance towards the cost of accommodation, thereby maintaining the value of the Commonwealth subsidy. This adjustment aims to balance the needs of the Defence Force with the human rights of its members, ensuring that any limitations on their right to an adequate standard of living are reasonable, necessary, and proportionate. The Determination is compatible with human rights as the adjustments are considered necessary to meet the operational requirements of Defence while supporting members in maintaining their living standards.

Scope and Application

Defence Determination 2016/41 amends Defence Determination 2016/19, specifically addressing the conditions of service under the Defence Act 1903. It applies to members of the Australian Defence Force (ADF), particularly those residing in living-in accommodation, which is provided for single members or those without their families present. This accommodation includes various levels, and the Determination adjusts the rates of contributions members must make towards their living-in accommodation to align with changes in the national rental market, ensuring the Commonwealth subsidy remains proportional to the costs. The adjustments reflect increases in the Consumer Price Index for rents and utilities over the 12-month period from September 2015 to September 2016. The Determination is applicable nationally, as it is issued under the authority of the Defence Act 1903, and it does not specify any exclusions or exemptions beyond what is detailed in the Principal Determination. The changes are made through subordinate instruments, ensuring that the conditions of service for ADF members are regularly updated to reflect economic conditions.

Key Provisions

The Defence Determination 2016/41 amends the Defence Determination 2016/19, specifically addressing the living-in accommodation contributions that Australian Defence Force (ADF) members must make. This adjustment reflects the changes in the national rental markets over the period from September 2015 to September 2016. Section 5 of the Determination revises the fortnightly contribution for single bedroom apartment accommodation in Homebush or North Strathfield, increasing it from $263.85 to $265.70, a 0.7% increase based on the 'rents' sub-component of the Consumer Price Index. Section 6 updates Annex.7.4.B, which lists the contribution rates for various types of living-in accommodation, also increasing these rates by 0.7% to align with the same index. Section 7 adjusts the fortnightly contribution for utilities from $43.06 to $44.18, reflecting a 2.6% increase based on the 'utilities' sub-component of the Consumer Price Index. These amendments aim to maintain the value of the Commonwealth subsidy as a proportion of the costs, ensuring that members' living standards remain adequate. The Defence Determination 2016/41 imposes specific obligations on ADF members regarding their contributions towards living-in accommodation. Members are required to make fortnightly payments towards their accommodation and utilities, which are adjusted periodically to reflect changes in the national rental market and utility costs. These adjustments are intended to ensure that the contributions made by members remain fair and reasonable, taking into account the overall economic conditions. The Determination also mandates that the revised contribution rates are to be applied starting from the commencement date of the Determination, which is 26 January 2017. Breach of the obligations and requirements stipulated in the Defence Determination 2016/41 could lead to various civil or administrative consequences. While the Determination does not explicitly outline specific penalties for non-compliance, it is likely that failure to meet the contribution requirements could result in disciplinary action or other administrative measures as prescribed by the Defence Act and other relevant Defence policies. The precise nature of these consequences would depend on the specific circumstances of the breach and the internal rules and regulations governing the ADF. It is important for members to adhere to the contribution requirements to avoid any potential repercussions.