Defence Determination 2017/3, Living-in accommodation and post indexes – amendment

Administered by Department of Defence

Legislation au F2017L00086 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/3

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 7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).

Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

This Determination has the following two purposes.

  • To clarify living-in accommodation contribution provisions relating to trainees.
  • 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.

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 9 February 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.

Sections 5 and 6 amend Annex 7.4.B of the Principal Determination, which provides the rates of contribution towards living-in accommodation that members must make. The following changes were made by Defence Determination 2016/42 (effective 12 January 2017) but then inadvertently reversed by Defence Determination 2016/41 (effective 26 January 2017) which provided an annual update to living-in accommodation contribution rates.

Descriptions of the members covered by two of the items have changed, without changing eligibility or rates of contribution. The changes have been made to resolve administrative ambiguity.

  • Section 5 amends item 2 of the table in Annex 7.4.B of the Principal Determination. The item does not cover members who are trainees. The description has changed to reflect the change made by section 17.
  • Section 6 amends item 5 of the table in Annex 7.4.B of the Principal Determination. The term trainee has been replaced by a category of member paid salary under Schedule B.13 of DFRT Determination No.15 of 2008, Salaries. That schedule prescribes salary rates for trainees.

Section 7 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 Cambodia, Ethiopia, Jordan, Marshall Islands, Micronesia, Palau, Papua New Guinea, Samoa, Saudi Arabia, Solomon Islands, Timor-Leste, Tonga, United Arab Emirates, UK (London), UK (Other), USA (all locations) and Vanuatu.
  • The published post index rates decreased for India, Myanmar, Pakistan, Sri Lanka and Turkey. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no affect to the benefits paid to members in these 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 2017/3, Living-in accommodation and 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

This Determination has the following two purposes.

  • To clarify living-in accommodation contribution provisions relating to trainees.
  • 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

Living-in accommodation contributions

The changes made by sections 5 and 6 of this Determination remove ambiguity of the rules for trainee member contributions for living-in accommodation and do not affect any human rights.

Post indexes

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 2017/3, made under section 58B of the Defence Act 1903, aims to address ambiguities in the living-in accommodation contribution provisions for trainees and to update the post indexes for members of the Australian Defence Force (ADF) posted overseas. The Defence Act 1903 enables the making of such determinations, which are subject to disallowance by Parliament and the interpretation principles of the Acts Interpretation Act 1901. This Determination seeks to clarify the contributions required from trainees for living-in accommodation and to revise post indexes in response to recent exchange rate movements, ensuring that ADF members and their families receive appropriate remuneration and allowances to mitigate the economic hardships associated with overseas postings. The policy objective is to provide just and favourable conditions of work for ADF members, aligning with international human rights obligations by ensuring they are not disadvantaged due to overseas postings.

Scope and Application

Defence Determination 2017/3, made under section 58B of the Defence Act 1903, amends Defence Determination 2016/19 to address two specific issues: clarifying living-in accommodation contribution provisions for trainees within the Australian Defence Force (ADF) and implementing revised post indexes for ADF members stationed overseas. The amendments to living-in accommodation contributions aim to resolve administrative ambiguities without altering eligibility or rates, while the revised post indexes adjust for exchange rate movements to ensure ADF members receive appropriate allowances relative to the cost of living at their overseas posting locations. The changes are grounded in data provided by a recognised service provider and are consistent with established policy. This Determination applies to ADF members, specifically addressing their living and working conditions, both domestically and abroad. It does not specify any exclusions or exemptions, though the adjustments to post indexes are contingent upon significant exchange rate movements. The Determination's applicability is within the Commonwealth jurisdiction, affecting ADF members wherever they are posted.

Key Provisions

Defence Determination 2017/3 amends Defence Determination 2016/19, which details the conditions of service for members of the Australian Defence Force (ADF). The main operative sections of this Determination pertain to adjustments in living-in accommodation contributions for trainees (sections 5 and 6) and the revision of post indexes for ADF members posted overseas (section 7). The changes in section 5 and 6 correct previous administrative ambiguities without altering the eligibility or rates of contribution, ensuring that the rules for trainee member contributions for living-in accommodation are clear and accurate. Section 7 updates the post indexes to reflect recent exchange rate movements, thereby adjusting the relative cost of living calculations for various overseas locations. The obligations imposed by this Determination on ADF members include the accurate contribution towards living-in accommodation as specified in the updated Annex 7.4.B. The changes in section 5 and 6 clarify the descriptions of members covered, specifically addressing trainees, ensuring that the contributions align with the prescribed salary rates outlined in Schedule B.13 of DFRT Determination No.15 of 2008. The revised post indexes in section 7 are to be used for calculating various overseas allowances, ensuring that ADF members and their families receive appropriate financial support based on the cost of living at the posting location. There are no specific offences, penalties, or consequences for breach outlined in this Determination. However, the adjustments to post indexes and living-in accommodation contributions are integral to maintaining just and favourable conditions of work for ADF members. Any failure to comply with the updated provisions could potentially result in financial discrepancies or misallocations of allowances. While the Determination does not explicitly state penalties, any non-compliance could lead to administrative reviews and corrective actions to ensure adherence to the updated provisions.

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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.