Defence Determination 2017/10, Post indexes - amendment

Administered by Department of Defence

Legislation au F2017L00310 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/10

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 living and working on long-term posting overseas for members of the Australian Defence Force (ADF).

The purpose of this Determination is to implement revised post indexes for ADF members at overseas posting locations. A data service provider calculates the post index from local prices surveyed in March and September each year. An exchange rate movement in the national currency of 2 per cent or more since the post index was last varied then prompts an amending Determination to vary the post index.

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 6 April 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 substitutes Annex 15.2.A of the Principal Determination. The new table changes post indexes at a range of posting locations. The changes are due to recent exchange rate movements. The following summarises the changes.

The applied and published post index rates decreased for all locations in New Zealand.

No changes are made for the published or applied post indexes in other locations.

Consultation

Consultation is not considered necessary in the monthly Post Index adjustment process as this falls within the bounds of routine, house keeping of an established benefit. The data is provided to Defence from a recognised data provider and the adjustments are made according to established policy. Where an adjustment results in a major change to any particular country/location, the overseas post is 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 2017/10, Post indexes – 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 implement revised post indexes for ADF members at overseas posting locations. A data service provider works out the post index from local prices surveyed in March and September each year. An exchange rate movement in the national currency of 2 per cent or more since the post index was last varied then prompts an amending Determination to vary the post index.

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: Defence members are posted to perform duty in overseas locations. This could cause the member and their family economic hardship if the location has a high cost of living. The purpose of a post index is to show the relative cost of living at a posting location compared with Australia. This is then used to calculate various overseas allowances.

Reasonable, necessary and proportionate: This Determination adjusts the post indexes to ensure that an affected person continues to receive just and favourable remuneration. The post indexes and associated overseas allowances assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work overseas.

Conclusion

This Determination is compatible with human rights because it does not limit any human rights.

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

 

 

 

Overview

The Defence Determination 2017/10, enacted in 2017, amends Defence Determination 2016/19 under section 58B of the Defence Act 1903, addressing the need for updated post indexes for Australian Defence Force (ADF) members stationed overseas. This amendment responds to the requirement for adjustments in post indexes due to significant fluctuations in currency exchange rates, ensuring that ADF members and their families receive appropriate compensation for the relative cost of living at their overseas postings. The policy objective is to safeguard the financial well-being of Defence personnel and their families by providing them with adequate allowances that reflect the living costs at their deployment locations. The determination is made in accordance with established policy and data provided by a recognised service provider, ensuring that adjustments are both reasonable and proportionate.

Scope and Application

Defence Determination 2017/10 amends Defence Determination 2016/19 concerning conditions of service for members of the Australian Defence Force (ADF). It applies to ADF members who are posted overseas and is made under section 58B of the Defence Act 1903, with the authority subject to the Legislation Act 2003. This Determination specifically adjusts post indexes for ADF members posted to overseas locations, which are calculated from local prices surveyed annually by a data service provider. The post index changes are triggered by an exchange rate movement of 2 per cent or more in the national currency since the last variation. The amendments to the post indexes are primarily for locations in New Zealand, where the rates have decreased. The Determination does not apply to other locations unless significant exchange rate movements occur in the future. The changes are part of routine administrative adjustments and do not require consultation, as they fall within established policy parameters.

Key Provisions

Section 5 of the Defence Determination 2017/10 amends Annex 15.2.A of the Defence Determination 2016/19, which specifies the post indexes for Australian Defence Force (ADF) members posted overseas. The changes are the result of adjustments to local prices surveyed in March and September of each year, which are used to calculate the post index. Specifically, the post index rates have decreased for all locations in New Zealand, reflecting a lower cost of living relative to Australia, while no changes have been made to the post indexes in other locations. The obligations imposed by this Determination require ADF members posted overseas to be aware of the post index rates applicable to their location. These post indexes are used to determine the various allowances provided to ADF members and their families to mitigate the economic impact of living and working in a foreign country. The data for these adjustments is sourced from a recognised data service provider, and the adjustments are made according to established policy. This Determination ensures that the post indexes reflect the current economic conditions of the overseas posting locations, thereby maintaining the integrity of the allowances system. In terms of compliance, the Determination does not impose any new obligations on ADF members or their families beyond what is already stipulated in the Defence Act 1903 and the Defence Determination 2016/19. However, it is essential that ADF members remain informed of any changes to the post indexes that may affect their entitlements. The overseas post is provided with advance notification of any major changes to the post indexes, ensuring transparency and preparedness. There are no specific offences, penalties, or consequences outlined in the Determination itself for breaches of the post index provisions. However, any failure to comply with the Defence Act 1903 or the Defence Determinations may result in disciplinary action under the relevant military law or civil consequences if the breach involves contractual obligations. The penalties for such breaches would depend on the nature and severity of the offence, in accordance with the applicable military or civil law.

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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.