Defence Determination 2017/1, Remote locations – amendment

Administered by Department of Defence

Legislation au F2017L00040 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

Defence Determination 2017/1

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 the following Chapters of the Principal Determination.

Chapter 4 sets out provisions dealing with allowances and reimbursements for members of the Australian Defence Force (ADF).

Chapter 5 sets out provisions dealing with leave for members of the ADF.

The purpose of this Determination is to amend the ADF district allowance grading and the additional recreation leave days for service in the remote location of Woomera.

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 26 January 2017.

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 amends Annex 4.4.A of the Principal Determination, which provides the ADF district allowance grades for remote locations within Australia. A review into the district allowance grading for Woomera, using the Accessibility and Remoteness Index of Australia, indicated Woomera is a Grade E location. The grading for Woomera is increased from Grade C to Grade E. The change in grading significantly increases the benefits and the amount of ADF district allowance that members posted to Woomera are eligible for.

Section 6 amends Annex 5.4.A of the Principal Determination, which sets the annual rate of additional recreation leave for service in remote locations within Australia. The number of additional leave days is increased from two days to five days, consequential to the increase in the remote location grading for Woomera from Grade C to Grade E.

 

Consultation

Consultation is not considered necessary in the update to district allowance grading for Woomera as this falls within the bounds of routine, house keeping of an established benefit. The data from the Accessibility and Remoteness Index of Australia regarding remote location grades is provided to Defence from a recognised data provider and the adjustments are made according to established policy. The funding for the increase in benefits has been approved by Air Force.

 

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 2017/1, Remote locations – 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 amend the ADF district allowance grading and the additional recreation leave days for service in the remote location of Woomera.

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. This Determination provides that Woomera is increased to the highest remote location grade. This means members posted to Woomera will receive the highest rate of ADF District allowance and the maximum rate of additional recreation leave.

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 the remote location of Woomera.

 

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

 

 

Overview

The Defence Determination 2017/1, issued under section 58B of the Defence Act 1903, aims to address the specific conditions faced by members of the Australian Defence Force (ADF) stationed in remote locations, particularly Woomera. This Determination, made by the Commonwealth of Australia, was enacted to amend the conditions of service outlined in the Defence Determination 2016/19, focusing on allowances and leave provisions. The policy objective is to ensure that ADF members serving in remote areas receive appropriate compensation for the unique challenges and hardships associated with such postings. By upgrading Woomera's district allowance grading from Grade C to Grade E and increasing the additional recreation leave days from two to five, the Determination seeks to provide enhanced support and benefits for members stationed in this remote location, thereby recognising and mitigating the adverse conditions they may encounter.

Scope and Application

The Defence Determination 2017/1 amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. This legislative instrument, subject to disallowance and interpretation principles, specifically modifies provisions concerning allowances and leave for members of the Australian Defence Force (ADF). The determination applies to ADF members, particularly those posted to the remote location of Woomera, and is effective from 26 January 2017. It increases the district allowance grading for Woomera from Grade C to Grade E, thereby enhancing the benefits and allowances for these members. Additionally, it raises the additional recreation leave days from two to five, in line with the upgraded remote location grading. This amendment ensures that ADF members serving in Woomera receive the highest district allowances and the maximum additional recreation leave, reflecting the challenging conditions of such postings.

Key Provisions

The Defence Determination 2017/1 (the Determination) amends the Defence Determination 2016/19, Conditions of Service, primarily focusing on adjustments to the allowances and leave entitlements for members of the Australian Defence Force (ADF) posted to the remote location of Woomera. Section 5 of the Determination modifies Annex 4.4.A, which pertains to the ADF district allowance grades, by elevating Woomera from Grade C to Grade E. This change ensures that ADF members stationed at Woomera receive the highest available district allowance, reflecting the challenging conditions they face in such remote areas. Similarly, Section 6 amends Annex 5.4.A, which pertains to the additional recreation leave days for service in remote locations, increasing the leave days from two to five days. This adjustment is made in response to the updated grading of Woomera as a Grade E location, thereby enhancing the benefits for ADF members stationed there. The Determination imposes specific obligations on the ADF to ensure that the updated allowances and leave entitlements are correctly applied and communicated to affected members. Under Section 3, the Determination asserts its authority under section 58B of the Defence Act 1903, thereby mandating compliance with the provisions outlined within. This includes updating internal records and systems to reflect the new grading and leave entitlements, as well as ensuring that affected ADF members are informed and adequately compensated in accordance with the amended conditions. The Defence is also responsible for ensuring that the financial implications of these changes are appropriately managed within the approved budget, as indicated by the funding approval from Air Force mentioned in the Explanatory Statement. Failure to comply with the provisions of the Determination could result in legal repercussions, although specific offences and penalties are not detailed within the text. However, under the general framework of the Defence Act 1903 and the Acts Interpretation Act 1901, non-compliance with legislative instruments such as this Determination could lead to disciplinary actions against Defence personnel or administrative penalties against the Defence Force. The Determination itself does not specify maximum penalties but implies that breaches may be subject to the relevant disciplinary or administrative processes outlined in the overarching Defence Act and related legislation.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Defence Allowances
Remote Location Benefits

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.