Defence Determination 2017/14, Post indexes - amendment

Administered by Department of Defence

Legislation au F2017L00473 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/14

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 4 May 2017.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 omits and 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 Papua New Guinea.
  • The published post index rates increased for Brunei and India. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no effect to the benefits paid to members in these locations.
  • The applied and published post index rates increased for Japan, Singapore and Thailand.

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 2017/14, 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 2017/14 was enacted to amend Defence Determination 2016/19, which sets the conditions of service for members of the Australian Defence Force (ADF). The primary aim of this determination is to revise the post indexes for ADF members stationed overseas, reflecting changes in local prices and exchange rates. This adjustment is crucial to ensure that service members receive appropriate allowances that mitigate the economic impact of living in high-cost overseas locations. The determination is made under section 58B of the Defence Act 1903 and is subject to the provisions of the Acts Interpretation Act 1901 and the Legislation Act 2003. The amendments, which include changes to post indexes in locations such as Papua New Guinea, Brunei, India, Japan, Singapore, and Thailand, are based on data from a recognised service provider and are considered routine adjustments. This process ensures that ADF members and their families are not disadvantaged financially due to the high cost of living in certain overseas postings.

Scope and Application

Defence Determination 2017/14 amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903, and adjusts the post indexes for Australian Defence Force (ADF) members posted overseas. The purpose of this Determination is to implement revised post indexes for ADF members at overseas posting locations, reflecting the relative cost of living compared with Australia. This is achieved by adjusting post indexes based on local prices surveyed in March and September each year. Adjustments are made when there is an exchange rate movement of 2 per cent or more in the national currency since the last variation of the post index. The changes are intended to ensure ADF members receive just and favourable remuneration and associated overseas allowances to mitigate the economic hardship caused by living and working in high-cost locations. This Determination applies to ADF members on long-term overseas postings and does not require consultation as it falls within the routine adjustment of established benefits. The adjustments are made according to established policy, with advance notification provided to the overseas post when significant changes occur.

Key Provisions

Defence Determination 2017/14 amends Defence Determination 2016/19, primarily to revise the post indexes for Australian Defence Force (ADF) members stationed overseas. These post indexes are calculated by a data service provider based on local prices surveyed in March and September each year. The primary changes in this Determination include adjustments to the post indexes for Papua New Guinea, Brunei, India, Japan, Singapore, and Thailand due to recent exchange rate movements (Schedule 1). The post index rates decreased for Papua New Guinea and increased for Brunei and India, though no effect on benefits is noted for the latter two as the indexes remain below 100. Conversely, the post index rates increased for Japan, Singapore, and Thailand, with no changes made to other locations. The Determination imposes specific obligations on the parties it governs, primarily through the adjustment of post indexes to reflect changes in the cost of living in overseas locations. It mandates that the post indexes be recalculated and adjusted based on local prices and exchange rate movements, ensuring that ADF members and their families receive appropriate allowances to mitigate economic hardship due to high living costs in certain overseas locations. The amendments to the post indexes are made in accordance with established policy and are communicated to the relevant overseas posts when significant changes occur. Breaching the provisions of this Determination could lead to civil or administrative consequences, although specific penalties are not detailed in the text. The Determination emphasizes the importance of these adjustments in maintaining just and favourable conditions of work for ADF members, ensuring their remuneration and allowances remain appropriate in relation to the cost of living in their overseas postings. Given that this is a disallowable legislative instrument, any significant non-compliance or adverse impact could potentially be reviewed and addressed by relevant authorities. This Determination is designed to be compatible with human rights, particularly the right to just and favourable conditions of work as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights. It ensures that ADF members receive fair remuneration and allowances, thereby preventing economic disadvantage due to overseas postings. The adjustments to post indexes are reasonable and proportionate, aiming to maintain the integrity of the benefits system for those serving in high-cost locations.

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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.