EXPLANATORY STATEMENT

Defence Determination 2017/15

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 3 sets out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).
• Chapter 5 sets out provisions dealing with leave for members of the ADF.
• Chapter 7 sets out provisions dealing with housing and meals for members of the ADF.
• Chapter 9 sets out provisions dealing with travel costs in Australia for members of the ADF.
• Chapter 12 sets out provisions dealing with overseas conditions of service for members of the ADF.
• Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

This Determination has the following purposes.

• To correct some minor technical and typographical errors.
• It amends the special accommodation for emergencies scheme is to ensure persons faced with a domestic crisis are eligible to access the special accommodation for emergencies scheme and to extend the period of eligibility.
• To clarify the remote location leave travel for members with dependants (unaccompanied) when they post to another remote location.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Sections 1 and 3 amend paragraph 3.2.15.a and subsection 3.2.30.3 of the Principal Determination to amend cross referencing errors that occurred during the making of Defence Determination 2017/12, Salaries – consequential.

Section 2 amends subsection 3.2.26.6 of the Principal Determination, which provides the salary for members who are trainees in the graduate medical scheme. This subsection is being amended to replace the word "dental" with "medical", this was a typographical error.

Section 4 omits subsection 5.4.41.2 from the Principal Determination, which provided that a statutory office holder may return to the Permanent Forces after their statutory office ends. This subsection is being removed as it is administrative in nature and is not required in the Principal Determination.

Section 5 inserts subsection 5.12.1.5 into the Principal Determination, which provides public holidays that are to be observed by members. The amendment provides that for a member on a flexible service determination, public holidays only apply if they fall on a working day in their pattern of service. This change was included in Defence Determination 2017/8, Benefits under a flexible service determination – interim arrangements, however, the incorrect reference was used and the change had no effect.

Section 6 amends subsection 7.4.12.2 of the Principal Determination, which provides that a member must notify an accommodation manager of damage to living in accommodation. Defence Determination 2017/13, Incorporation by reference – amendment, made a change to the authority in subsection 7.4.12.2 to direct users to the Public Governance, Performance and Accountability Act 2013. When the change was made, the reference to a chapter of the document that was the previous authority was not repealed, this amendment removes this chapter reference.

Sections 7 and 8 amend section 7.5.3 of the Principal Determination, which provides the definitions for the special accommodation for emergencies scheme (SAFE) for the purposes of temporary accommodation allowance. Section 7 amends the definition for the SAFE scheme to provide that the scheme can be used when an eligible person faces a threatened domestic crisis and not just one that is occurring. Section 8 inserts a new item into the related information table in section 7.5.3. The new item directs people to the provision which sets out the maximum number of days of assistance the person is eligible for under the SAFE scheme.

Section 9 substitutes section 7.5.7 of the Principal Determination, which provides that the CDF may approve emergency assistance under the SAFE scheme. The section has been amended to apply the benefit to persons who are under the threat of a domestic crisis or are in a domestic crisis.

Section 10 amends table item 4 of section 7.5.17 of the Principal Determination, which provides the period of eligibility for temporary accommodation allowance under the SAFE scheme. This item is being amended to increase the period from three nights to five nights.

Sections 11 and 12 amend the table in section 7.5.29 of the Principal Determination, which sets out the contribution rates for temporary accommodation allowance. These changes amend typographical errors that occurred in the making of the Principal Determination.

Section 13 amends paragraph 9.4.28.1.a of the Principal Determination, which provides a condition for remote location leave travel for the dependants of a member with dependants (unaccompanied). The paragraph provides that when a member was posted from a remote location and to a non-remote location, the dependants who remain in the remote location may be eligible for remote location leave travel under section 9.4.28. The paragraph is being amended to clarify that section 9.4.28 applies to a member posting to another remote location or a non-remote location.

Section 14 amends the heading of section 12.4.5 of the Principal Determination, which provides which members Chapter 12 Division 1 applies to. This change is to amend a typographical error that occurred in the making of Defence Determination 2017/11.

Section 15 amends the example in subsection 15.3.7.4 of the Principal Determination, which provides an example of the reimbursement of public transport costs for members on long term posting overseas. The example is being amended to change the maximum claimable rate to reflect the rate set out in subsection 15.3.7.3 which is the determined rate.

Consultation

Internal consultation with the Defence Community Organisation was undertaken in relation to the changes made by sections 7 to 10 to the special accommodation for emergencies scheme (SAFE).

External consultation is not considered necessary in the making the other changes made by this Determination as it makes minor amendments and technical adjustments.

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 2017/15, Salaries consequentials, special emergency accommodation, remote locations and miscellaneous amendments

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 purposes.

• To correct some minor technical and typographical errors
• It amends the special accommodation for emergencies scheme is to ensure persons faced with a domestic crisis are eligible to access the special accommodation for emergencies scheme and to extend the period of eligibility.
• To clarify the remote location leave travel for members with dependants (unaccompanied) when they post to another remote location.

Human rights implications

The provision of emergency accommodation engages Article 10 of the International Covenant on Economic, Social and Cultural Rights, which provides that the widest possible protection and assistance should be accorded to the family.

Right to protection and assistance to the family

Special accommodation for emergencies scheme

Legitimate objective: The special accommodation for emergencies scheme provides accommodation to families to protect and assist them during a domestic crisis.

Reasonable, necessary and proportionate: ADF service has features that make it unlike other employment types. Not only can families find themselves in unfamiliar locations, but they can also be without the ADF member when that member is deployed or temporarily working in another location. While any family can be in domestic crisis, ADF families may be in extra need of protection and care. The provisions of eligibility for emergency housing are being amended to allow for the provision of temporary housing to families who are under threat of a domestic crisis occurring, not just when it has actually occurred. The emergency housing benefit is also being extended from three nights to five nights to ensure that people in unsafe situations have additional time to access alternate accommodation if it is required.

Remote location leave travel

Legitimate objective: 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.

Reasonable, necessary and proportionate: Remote location leave travel is provided to members and their families when they live in a remote location. This travel provides relief from the climate and isolated conditions of the location and allows the family to access facilities which may not be available in the location. The benefit is being clarified to provide that members with dependants (unaccompanied) who are posted to another remote location and their dependants remain in the losing remote location are still eligible to accrue remote location leave travel benefits.

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